Regular Session - June 19, 2003

    

 
                                                        4759



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                               June 19, 2003

                                10:13 a.m.





                              REGULAR SESSION







            LT. GOVERNOR MARY O. DONOHUE, President

            STEVEN M. BOGGESS, Secretary















                                                        4760



                           P R O C E E D I N G S

                            ACTING PRESIDENT McGEE:    The

                 Senate will come to order.

                            I ask all present to stand and join

                 me in the Pledge of Allegiance.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            ACTING PRESIDENT McGEE:    In the

                 absence of clergy, may we bow our heads in a

                 moment of silence.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            ACTING PRESIDENT McGEE:    Reading

                 of the Journal.

                            THE SECRETARY:    In Senate,

                 Wednesday, June 18, the Senate met pursuant to

                 adjournment.  The Journal of Tuesday, June 17,

                 was read and approved.  On motion, Senate

                 adjourned.

                            ACTING PRESIDENT McGEE:    Hearing

                 no objection, the Journal stands approved as

                 read.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 there will be an immediate meeting of the



                                                        4761



                 Finance Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT McGEE:

                 Immediate meeting of the Finance Committee in

                 the Majority Conference Room.

                            Presentation of petitions.

                            Messages from the Assembly.

                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Farley.

                            SENATOR FARLEY:    Thank you, Madam

                 President.

                            On behalf of Senator Bruno, our

                 Majority Leader, I wish to call up his bill,

                 Senate Print 5552, which was recalled from the

                 Assembly, and it's now at the desk.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1486, by the Senate Committee on Rules, Senate

                 Print 5552, an act to amend Chapter 454 of the



                                                        4762



                 Laws of 2002.

                            SENATOR FARLEY:    Madam President,

                 I now move to reconsider the vote by which

                 this bill was passed.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will call the roll upon

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT McGEE:    Senator

                 Farley.

                            SENATOR FARLEY:    Let's see.  I

                 think that's it.  Usually we amend it, but

                 this one we're just killing it.

                            (Laughter.)

                            ACTING PRESIDENT McGEE:    Thank

                 you, Senator Farley.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 are we prepared to go to the noncontroversial

                 reading of the calendar?  Then if we could go

                 to the noncontroversial reading of the

                 calendar.

                            And on behalf of Senator Bruno, I

                 would urge the members to please come to



                                                        4763



                 session so that we can move in an orderly

                 fashion and adjourn in the light of day.

                            ACTING PRESIDENT McGEE:    Thank

                 you, Senator Skelos.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 119, by Senator LaValle, Senate Print 335A, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to increasing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the same date and in

                 the same manner as a chapter of the Laws of

                 2003.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 120, by Senator Maziarz, Senate Print 729B, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to increasing penalties.



                                                        4764



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 141, by Senator Volker --

                            SENATOR SKELOS:    Lay it aside for

                 the day.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside for the day.

                            THE SECRETARY:    Calendar Number

                 181, by Senator Maziarz, Senate Print 1819A,

                 an act authorizing the Commissioner of

                 Transportation.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.



                                                        4765



                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 219, by Senator Hoffmann, Senate Print 2836A,

                 an act to amend the Agriculture and Markets

                 Law, in relation to inclusion.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 258, by Senator Kuhl, Senate Print 2557, an

                 act to authorize the Department of Taxation

                 and Finance.

                            ACTING PRESIDENT McGEE:    There is



                                                        4766



                 a local fiscal report at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 312, by Member of the Assembly Christensen,

                 Assembly Print Number 24 --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 341, by Senator Libous, Senate Print 2894A, an

                 act to amend the Mental Hygiene Law, in

                 relation to renaming.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 30th day.



                                                        4767



                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 386, by Senator McGee, Senate Print 2776A, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to persons authorized.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 485, by Member of the Assembly Gunther,

                 Assembly Print Number 4812C, an act to

                 authorize.

                            ACTING PRESIDENT McGEE:    Read the



                                                        4768



                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 549, by Member of the Assembly Abbate --

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 590, by Senator LaValle, Senate Print 301A, an

                 act to amend the Education Law, in relation to

                 terms of community college trustees.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.



                                                        4769



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 627, by Senator Spano, Senate Print 2517, an

                 act to amend the Lien Law, in relation to

                 liens.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 689, by Senator Bonacic, Senate Print 2268, an

                 act to amend the Retirement and Social

                 Security Law, in relation to benefits.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This



                                                        4770



                 act shall take effect on the 90th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 694, by Senator Robach, Senate Print 3904, an

                 act to amend the General Municipal Law, in

                 relation to certain payments.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 741, by Senator LaValle, Senate Print 2885B,

                 an act to amend the Education Law, in relation

                 to alteration.



                                                        4771



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 742, by Senator LaValle, Senate Print 3079, an

                 act to amend the Education Law --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 784, by Senator Seward, Senate Print 4454B, an

                 act to amend the Insurance Law, in relation to

                 requirements.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.



                                                        4772



                            THE SECRETARY:    Calendar Number

                 788, by the Assembly Committee on Rules,

                 Assembly Print Number 8295, an act to amend

                 the Agriculture and Markets Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 799, by the Assembly Committee on Rules,

                 Assembly Print Number 8485A, an act to amend

                 the Racing, Pari-Mutuel Wagering and Breeding

                 Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.



                                                        4773



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 808, by Member of the Assembly Pheffer,

                 Assembly Print Number 6921C, an act to amend

                 the General Business Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 814, by Senator Marcellino, Senate Print

                 896A --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.



                                                        4774



                            THE SECRETARY:    Calendar Number

                 820, by the Assembly Committee on Rules,

                 Assembly Print Number 8146A, an act to amend

                 the Public Health Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 832, by Senator Velella, Senate Print --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 895, by Senator Maziarz --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill



                                                        4775



                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 918, by Senator Wright --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 919, by Senator Wright --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 974, by Member of the Assembly Weisenberg,

                 Assembly Print Number 6357B, an act to

                 authorize the assessor of the County of

                 Nassau.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        4776



                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 977, by Senator McGee, Senate Print 2783B, an

                 act to amend the General Municipal Law, in

                 relation to municipal board members.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first of July.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 984, by Senator Maziarz, Senate Print 3701, an

                 act to amend the Real Property Tax Law, in

                 relation to extending.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 180th day.



                                                        4777



                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 I believe Calendar Number 784 was laid aside

                 inadvertently.  If we could call that bill up

                 at this time.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read Calendar Number 784.

                            THE SECRETARY:    Calendar Number

                 784, by Senator Seward, Senate Print 4454B, an

                 act to amend the Insurance Law, in relation to

                 requirements.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.



                                                        4778



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1014, by Senator LaValle, Senate Print 4784A,

                 an act to amend the Environmental Conservation

                 Law, in relation to penalties.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1020, by Senator LaValle, Senate Print 4960A,

                 an act to amend the Education Law, in relation

                 to regulation.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the



                                                        4779



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1022, by Senator Libous --

                            SENATOR SKELOS:    Lay it aside for

                 the day.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside for the day.

                            THE SECRETARY:    Calendar Number

                 1047, by Senator Flanagan, Senate Print 2057A,

                 an act to authorize the State University of

                 New York.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        4780



                            THE SECRETARY:    Calendar Number

                 1086, by Senator Seward, Senate Print 14A, an

                 act to amend the County Law, in relation to

                 wireless communications.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1095, by Senator Kuhl, Senate Print 2478A, an

                 act to amend the Tax Law, in relation to tax

                 on sales and compensating use tax.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        4781



                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1100, by Senator Fuschillo, Senate Print

                 2961A, an act authorizing the assessor of the

                 Village of Freeport.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 39.  Nays,

                 1.  Senator Bonacic recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1115, by Senator Kuhl, Senate Print 3786, an

                 act to amend the Alcoholic Beverage Control

                 Law, in relation to sale of wine.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This



                                                        4782



                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1133, by Senator Larkin, Senate Print 3612A,

                 an act to amend the Tax Law, in relation to

                 the use of income.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1137, by Senator Nozzolio, Senate Print 3881B,

                 an act to authorize the City of Geneva.

                            ACTING PRESIDENT McGEE:    There is



                                                        4783



                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 42.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1147, by Member of the Assembly Bing, Assembly

                 Print Number 7494, an act to amend the

                 Estates, Powers and Trusts Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first of

                 September.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 42.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        4784



                            THE SECRETARY:    Calendar Number

                 1149, by Senator Montgomery, Senate Print

                 5068B, an act authorizing the City of New York

                 to accept.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 41.  Nays,

                 1.  Senator Bonacic recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1211, by Member of the Assembly Weinstein,

                 Assembly Print Number 7510B, an act to amend

                 the Estates, Powers and Trusts Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.



                                                        4785



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 42.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1225, by the Assembly Committee on Rules,

                 Assembly Print Number 8707A, an act to amend

                 the Environmental Conservation Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 42.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1230, by the Assembly Committee on Rules,

                 Assembly Print Number 8714A, an act to

                 authorize the assessor.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This



                                                        4786



                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 41.  Nays,

                 1.  Senator Bonacic recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1249, by Senator Libous, Senate Print 5244A,

                 an act to amend the County Law, in relation to

                 authorizing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 42.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1257, by Senator Padavan, Senate Print 5372 --

                            SENATOR MALCOLM SMITH:    Lay it



                                                        4787



                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1294, by Senator Wright, Senate Print 4857, an

                 act to amend the Uniform Justice Court Act, in

                 relation to arraignments.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1377, by Senator Little, Senate Print 4924, an

                 act to amend the Real Property Tax Law, in

                 relation to state aid.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.



                                                        4788



                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1378, by Senator Volker, Senate Print 4930, an

                 act to amend the Labor Law.

                            SENATOR MALCOLM SMITH:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1400, by Senator Saland, Senate Print --

                            SENATOR SKELOS:    Lay it aside for

                 the day, Madam President.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside for the day.

                            THE SECRETARY:    Calendar Number

                 1410, by Senator Flanagan, Senate Print 5436A,

                 an act to amend the Executive Law and the

                 Family Court Act.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.



                                                        4789



                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1430, by Senator Bruno, Senate Print 5545A, an

                 act to amend the Public Authorities Law, in

                 relation to obligations.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1432, by Senator Leibell, Senate Print 5547,

                 an act to amend the Public Authorities Law, in



                                                        4790



                 relation to general and special powers.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1453, by Senator Leibell, Senate Print 4141B,

                 an act to amend the Real Property Tax Law, in

                 relation to providing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        4791



                            THE SECRETARY:    Calendar Number

                 1468, by Senator Volker, Senate Print 5452A,

                 an act to amend Chapter 824 of the Laws of

                 1933.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1476, by Senator Robach, Senate Print 5463A,

                 an act to amend the Correction Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.



                                                        4792



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1490, by Senator Kuhl, Senate Print 5582, an

                 act to amend Chapter --

                            SENATOR MALCOLM SMITH:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1491, by Senator M. Smith, Senate Print 5588,

                 an act to amend the Real Property Actions and

                 Proceedings Law, in relation to recording.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1492, by Senator McGee, Senate Print 5594, an



                                                        4793



                 act to legalize, validate, ratify and confirm.

                            ACTING PRESIDENT McGEE:    There is

                 a local fiscal impact message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1493, by Senator Larkin --

                            SENATOR MALCOLM SMITH:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1494, by Senator Diaz, Senate Print 5606, an

                 act to amend the Alcoholic Beverage Control

                 Law, in relation to posting.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This



                                                        4794



                 act shall take effect on the first of October.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            (Applause.)

                            SENATOR DIAZ:    Thank you, Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Diaz, to explain his vote.

                            (Laughter.)

                            SENATOR DIAZ:    It is with great

                 pleasure and honor that I take this microphone

                 this morning to explain my vote, Madam

                 President.

                            It is a very difficult vote, very

                 difficult vote.  And very exciting, too,

                 because in the six months that I have been

                 here, this black guy from the South Bronx,

                 with kinky hair and broken language, English,

                 has introduced his first bill.  And you, the

                 Majority and the Minority together,

                 unanimously, even Tom Duane voted for it.

                            (Laughter.)

                            SENATOR DIAZ:    So I'm glad.  So I

                 thank all of you.



                                                        4795



                            ACTING PRESIDENT McGEE:    Senator

                 Diaz will be recorded in the affirmative.

                            Announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1494 are

                 Senators Meier, Seward, and Wright.  Ayes, 44.

                 Nays, 3.

                            (Groaning sounds.)

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1495, by Senator Kuhl, Senate Print 5611, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to length of house coaches.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        4796



                 1496, by Senator Leibell, Senate Print 5631,

                 an act authorizing the reductions of future

                 aid payments.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1497, by Senator Velella, Senate Print 5637,

                 an act to amend Chapter 557 of the Laws of

                 2001.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1498, by Senator Velella, Senate Print 115, an

                 act to amend Chapter 576 of --

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill



                                                        4797



                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1499, by Senator LaValle, Senate Print 302D,

                 an act to amend the Education Law.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1507, by Senator Flanagan, Senate Print 4217B,

                 an act to amend the Environmental Conservation

                 Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1513, by Senator Leibell, Senate Print 5071A,

                 an act to amend the Real Property Tax Law, in

                 relation to improving.



                                                        4798



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 10.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1521, by Senator Golden, Senate Print 5516A,

                 an act to amend Chapter 154 of the Laws of

                 1921.

                            ACTING PRESIDENT McGEE:    Read

                 rode.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect upon enactment into law.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        4799



                 1523, by Senator Wright, Senate Print 5579, an

                 act authorizing the City of Watertown.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1524, by Senator Marcellino, Senate Print

                 5586, an act to amend the Tax Law, in relation

                 to extending.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.



                                                        4800



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1525, by Senator Velella, Senate Print 5589,

                 an act to amend the Labor Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1526, by Senator Velella, Senate Print 5591,

                 an act to amend the Labor Law, in relation to

                 appointments.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the



                                                        4801



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1529, by Senator Maziarz, Senate Print 5608,

                 an act to amend the Parks, Recreation and

                 Historic Preservation Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1530, by the Senate Committee on Rules, Senate

                 Print Number 5610, an act to amend the Tax

                 Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.



                                                        4802



                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1532, by Senator Morahan, Senate Print 5617,

                 an act to amend the Election Law, in relation

                 to ballot instructions.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1533, by Senator LaValle, Senate Print 5620,

                 an act to amend the Vehicle and Traffic Law.



                                                        4803



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the same date as

                 Section 1 of Chapter 472 of the Laws of 2002.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1534, by Senator LaValle, Senate Print 5621,

                 an act to amend the Education Law and others.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        4804



                 1535, by Senator Velella --

                            SENATOR MALCOLM SMITH:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1536, by Senator Fuschillo, Senate Print 5632,

                 an act in relation to legalizing, validating,

                 ratifying and confirming.

                            ACTING PRESIDENT McGEE:    There is

                 a local fiscal impact note at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 49.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1538, by the Senate Committee on Rules, Senate

                 Print Number 5640, an act to amend the Civil

                 Practice Law and Rules and the General

                 Municipal Law.



                                                        4805



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 49.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Skelos, that completes the

                 reading of the noncontroversial calendar.

                            SENATOR SKELOS:    Thank you very

                 much, Madam President.

                            Please recognize Senator Farley.

                            ACTING PRESIDENT McGEE:    Senator

                 Farley.

                            SENATOR FARLEY:    Madam President,

                 I'd like to be recorded in the negative on

                 1494.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Seward.

                            SENATOR SEWARD:    Yes, Madam

                 President.  I was out of the chamber when



                                                        4806



                 Calendar Number 694 passed.  I would ask

                 unanimous consent to be recorded in the

                 negative.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR SEWARD:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic.

                            SENATOR BONACIC:    Thank you,

                 Madam President.  I'd like unanimous consent

                 to be recorded in the negative on Calendar

                 Number 974.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR BONACIC:    Thank you.

                            SENATOR SKELOS:    Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Before we go to

                 the controversial calendar, if we could return

                 to reports of standing committees.

                            I believe there's a report of

                 Finance Committee at the desk.  I ask that it

                 be read at this time.

                            ACTING PRESIDENT McGEE:    The



                                                        4807



                 Secretary will read.

                            THE SECRETARY:    Senator Johnson,

                 from the Committee on Finance, reports

                 following nominations:

                            As a member of the Crime Victims

                 Board, Charles F. Marrota, of the Bronx.

                            As alternate nonvoting member of

                 the Metropolitan Transportation Authority,

                 James F. Blair, of Ossining.

                            As a member of the Small Business

                 Advisory Board, Chriss M. Andrews, of

                 Brockport.

                            As a member of the Fire Fighting

                 and Code Enforcement Personnel Standards and

                 Education Commission, Gerald W. Lynch, of

                 New York City.

                            As Commissioner of the Interstate

                 Environment Commission, Donna Birch Gerstle,

                 of Staten Island.

                            As a member of the Saratoga-Capital

                 District State Park, Recreation and Historic

                 Preservation Commission, David Golub, of

                 Schenectady.

                            As members of the Medical Advisory

                 Committee, Russell Nicholas Ake Cecil, M.D.,



                                                        4808



                 of Amsterdam, and David J. Cerniglia, D.C., of

                 Schenectady.

                            As members of the Advisory Council

                 on Agriculture, Joy D. Crist, of Walden, and

                 James L. Vincent, of Byron.

                            As a member of the State Camp

                 Advisory Council, Sheila Cohen, of Freeport.

                            As a member of the State Council on

                 the Arts, Noreen Reale Falcone, of

                 Skaneateles.

                            As Major General, New York Guard,

                 Thomas P. Cleland, of Pleasantville, and

                 Thomas F. Barraga, of West Islip.

                            As a member of the Board of

                 Visitors of the Buffalo Psychiatric Center,

                 Jeanne Allison, of Jamestown.

                            As a member of the Board of

                 Visitors of the Elmira Psychiatric Center,

                 Richard Arthur Hamling, of Shortsville.

                            As a member of the Board of

                 Visitors of the Hudson Valley Developmental

                 Disabilities Services Office, Ilyce S. Brinn,

                 of Liberty.

                            As a member of the Board of

                 Visitors of the Agricultural and Industrial



                                                        4809



                 School at Industry, Don H. Kollmorgen, of

                 Rochester.

                            As a member of the Board of

                 Visitors of the Long Island Developmental

                 Disabilities Services Office, Mary Fasano, of

                 Massapequa.

                            And as a member of the Board of

                 Visitors of the Middletown Psychiatric Center,

                 Jean Bonnell, of Middletown.

                            ACTING PRESIDENT McGEE:    All in

                 favor of confirming the nominations as read by

                 the Secretary will say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 nominations are confirmed.

                            Senator Meier.

                            SENATOR MEIER:    Thank you, Madam

                 President.  I request unanimous consent to be

                 recorded in the negative on Calendar 694.

                            ACTING PRESIDENT McGEE:    What

                 calendar number, Senator?  I'm sorry.

                            SENATOR MEIER:    694, Madam



                                                        4810



                 President.

                            ACTING PRESIDENT McGEE:    694.

                 Thank you, Senator Meier.  Without objection.

                            SENATOR MEIER:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could go to the controversial reading of

                 the calendar.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            SENATOR SKELOS:    Before we do,

                 would you please recognize Senator

                 Hassell-Thompson.

                            ACTING PRESIDENT McGEE:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you, Madam President.  I rise to request

                 unanimous consent to be recorded in the

                 negative also on Calendar Number 694.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 312, by Member of the Assembly Christensen --



                                                        4811



                            SENATOR SKELOS:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside temporarily.

                            THE SECRETARY:    Calendar Number

                 549, by Member of the Assembly Abbate,

                 Assembly Print Number 5790, an act to amend

                 the Civil Service Law.

                            SENATOR HASSELL-THOMPSON:

                 Explanation.

                            SENATOR SKELOS:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside temporarily.

                            THE SECRETARY:    Calendar Number

                 742, by Senator LaValle, Senate Print 3079, an

                 act to amend the Education Law.

                            SENATOR PATERSON:    Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 LaValle, an explanation --

                            SENATOR SKELOS:    Lay it aside for

                 the day.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside for the day.

                            THE SECRETARY:    Calendar Number



                                                        4812



                 814, by Senator Marcellino, Senate Print 896A,

                 an act to amend the Public Health Law.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Marcellino, an explanation has been requested.

                            SENATOR MARCELLINO:    Yes, Madam

                 President.

                            This bill enacts the Toxic Mold

                 Protection Act, which directs the Department

                 of Health to convene a task force which shall

                 advise the department on the development of

                 standards with regard to toxic mold and

                 directs the task force to consider the

                 feasibility of adopting permissible exposure

                 limits to mold in indoor environments and

                 requires the department shall report to the

                 Legislature.

                            ACTING PRESIDENT McGEE:    Senator

                 Liz Krueger.

                            SENATOR LIZ KRUEGER:    Thank you

                 very much, Madam President.  If the sponsor

                 would yield, through you.

                            ACTING PRESIDENT McGEE:    Senator

                 Marcellino, will you yield?



                                                        4813



                            SENATOR MARCELLINO:    Yes, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you

                 very much, Madam President.

                            SENATOR MARCELLINO:    Madam

                 President, I can barely hear Senator Krueger.

                 If we could turn the volume up a little bit.

                            ACTING PRESIDENT McGEE:    Could we

                 please have some quiet in the room.  Those

                 Senators having conversations please take them

                 out of the chamber.

                            SENATOR MARCELLINO:    Can we close

                 the door, please.

                            ACTING PRESIDENT McGEE:    Can we

                 close the back door, please, so that there can

                 be quiet during debate of this legislation.

                            The Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you

                 very much.

                            Senator, I'm very excited to see a

                 toxic mold act today.  But I do have a few

                 questions about how this task force would be

                 made up.



                                                        4814



                            My understanding about problems in

                 toxic mold, of which there have been quite a

                 few cases in my district in large buildings,

                 that the concern is that this is very tied

                 into the construction standards of buildings,

                 the proper or improper wrapping of pipes, the

                 ventilation systems, the kinds of materials

                 that are being used in construction.

                            What will be the makeup of this

                 task force, to ensure that not just public

                 health experts but people who actually

                 understand the construction materials and

                 construction industry process are part of

                 this?

                            So that when the department comes

                 out with its recommendations, we know that the

                 concerns have been addressed or can be

                 addressed not just from the health-standards

                 view of what is defined as an inappropriate

                 level of toxic mold, but what should be the

                 standards in New York State for assuring we

                 don't continue to build buildings where these

                 problems occur.

                            SENATOR MARCELLINO:    Senator

                 Krueger, through you, Madam President, the



                                                        4815



                 membership of the task force is itemized in

                 the legislation.  It goes through a listing of

                 the individuals or kind of individuals we

                 would be looking for in the task force, which

                 would include but not be limited to health

                 offices, health and medical experts, mold

                 abatement experts, affected consumers, and

                 affected industries, including residential,

                 commercial and industrial tenants,

                 proprietors, landlords, insurers, builders and

                 managers.

                            We've got a bunch of technical

                 people involved here, including the types of

                 individuals you were talking about who would

                 be expert in construction techniques.

                            SENATOR LIZ KRUEGER:    Madam

                 President, through you, if the sponsor would

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Marcellino, will you continue to yield?

                            SENATOR MARCELLINO:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator continues to yield.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.



                                                        4816



                            Thank you so much for your

                 explanation.  Perhaps because of the shortness

                 of the time we have for the bills today,

                 what's the timeline for the report to come to

                 the Legislature and then our role for

                 follow-up once they do their report?

                            SENATOR MARCELLINO:    It's one

                 year, Madam President.

                            SENATOR LIZ KRUEGER:    Madam

                 President, through you, if the sponsor would

                 yield to an additional question.

                            ACTING PRESIDENT McGEE:    Senator

                 Marcellino, will you continue to yield?

                            SENATOR MARCELLINO:    Yes, I

                 continue to yield.

                            ACTING PRESIDENT McGEE:    The

                 Senator continues to yield.

                            SENATOR LIZ KRUEGER:    Thank you.

                            And then when the report is

                 provided to the Legislature, is there a

                 specific obligation on the Legislature to

                 respond or to move forward at that time?  Or

                 is it simply a report to us so we have

                 information?

                            SENATOR MARCELLINO:    No, it's



                                                        4817



                 simply a report to the Legislature to set up

                 the -- well, to let you know what the report

                 says and to make you aware of what their

                 recommendations are.  And if legislation is

                 needed, then we can proceed with that.  If

                 not, the department may do so by reg.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  Briefly on the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Liz Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I'm very happy to see this house

                 moving forward -- and I understand it's a

                 two-house bill -- to start to explore the

                 concerns about toxic mold.

                            For those of us who may not have

                 experienced this in our own districts, it is a

                 growing problem.  It seems to be correlated to

                 the standards used in building new

                 construction, and it seems also perhaps to be

                 a partial outcome of requirements that we put

                 into building codes believing that they were

                 in the best interests of the public but in

                 fact have resulted in some situations where

                 mold starts to grow, goes throughout the



                                                        4818



                 systems, the internal systems of buildings,

                 and is actually making people sick -- what we

                 call sick buildings.

                            And I think we are overdue in

                 moving forward with this kind of investigation

                 and hopefully, then, health standards and

                 building construction standards to ensure that

                 we don't continue to have this problem in the

                 future.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Sabini.

                            SENATOR SABINI:    Thank you, Madam

                 President.  On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Sabini, on the bill.

                            SENATOR SABINI:    I congratulate

                 Senator Marcellino on this legislation.  It's

                 an important issue.

                            I had drafted a bill some months

                 ago, in cooperation with experts from the

                 master plumbers industry, to combat this.  And

                 I only wish that we had the opportunity to

                 have hearings or solicit some more public

                 input so we could have done even better.  I



                                                        4819



                 think the bill is a good jumping-off point.

                            I look forward to working with the

                 chairman in the future to revisit this issue

                 perhaps in the future, as we see the efficacy

                 of this legislation if it becomes law, and to

                 protect people from a concern that really we

                 don't know the scope of yet.

                            States outside New York, certain

                 states like California, people are genuinely

                 becoming sick and having to leave their

                 properties and having real insurance problems

                 in turning over their properties.  And I think

                 this is a problem we're going to see compound

                 itself in the future.

                            But I'm happy to support this

                 legislation, a jumping-off point, and I look

                 forward to working with the chairman in the

                 future to come up with even more measures to

                 protect New Yorkers in their home investments.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Any

                 other Senator wishing to speak on the bill?

                            SENATOR MARCELLINO:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator



                                                        4820



                 Marcellino.

                            SENATOR MARCELLINO:    Just to set

                 the record straight to my colleague and friend

                 on the other side of the aisle, we did hold

                 public hearings on this bill last year, done

                 on the island, where we took testimony from

                 many individuals and potential members of the

                 task force.

                            We took recommendations at that

                 point in time.  The hearing was an all-day

                 affair and went on for several hours.  And we

                 have a stack of testimony.  We'd be happy to

                 share some of it with you if you'd like,

                 Senator, so you could hear it.  Or read it.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Lachman.

                            SENATOR LACHMAN:    Yeah, I also

                 rise to commend Senator Marcellino for this

                 bill.  I think it's an outstanding piece of

                 legislation.

                            Unfortunately, I witnessed it next

                 door, as Senator Skelos knows.  I have a

                 summer apartment in his district in Long

                 Beach.  And an entire line of apartments next



                                                        4821



                 door to ours was contaminated by this toxic

                 mold, and people had to move out of the

                 apartments.

                            So this is a major achievement, and

                 I want to commend Senator Marcellino for it.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Any

                 other Senator wishing to speak on the bill?

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 814 are

                 Senators Maziarz, Meier, and Wright.  Ayes,

                 51.  Nays, 3.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Hoffmann.

                            SENATOR HOFFMANN:    Madam

                 President, I was out of the chamber earlier

                 this morning when Calendar Number 1494 passed.

                 I wish to be recorded in the negative.



                                                        4822



                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR HOFFMANN:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Rath.

                            SENATOR RATH:    Madam President, I

                 was out of the chamber and I'd like to have

                 unanimous consent to be recorded in the

                 negative on Calendar 694.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Duane.

                            SENATOR DUANE:    Thank you, Madam

                 President.  If may have unanimous consent to

                 be recorded in the negative on Calendar

                 Numbers 386, 820, 1115, 1476, 1495, and 1526.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 832, by Senator Velella, Senate Print 5032, an

                 act to amend the Workers' Compensation Law.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator



                                                        4823



                 Velella, an explanation has been requested.

                            SENATOR VELELLA:    Yes, this bill

                 establishes an injury presumption for

                 uniformed court officers exposed to blood or

                 other bodily fluids during the course of their

                 employment or subsequently diagnosed with a

                 bloodborne disease.

                            Last section.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 895, by Senator Maziarz, Senate Print 502, an

                 act to amend the Penal Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the first of



                                                        4824



                 November.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.  Nays,

                 1.  Senator Hassell-Thompson recorded in the

                 negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 918, by Senator Wright, Senate Print 4890A, an

                 act to amend the --

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, an explanation has been requested by

                 Senator Liz Krueger.

                            SENATOR WRIGHT:    Thank you, Madam

                 President.

                            The bill before us amends the

                 Public Service Law and the Public Authorities

                 Law relative to net metering for wind.  This

                 is the first provision of net metering for

                 wind, and it's specifically targeted to

                 residential and small farm or agricultural



                                                        4825



                 applications.

                            ACTING PRESIDENT McGEE:    Senator

                 Liz Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  If, through you, the sponsor

                 would yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, will you yield?

                            SENATOR WRIGHT:    I will, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.

                            I'm torn on this bill because it

                 has some good things in it.  But you have a

                 bill that does more that is not coming before

                 us today, which is S3055.

                            So in this bill, just for me to

                 understand, while it allows net metering for

                 wind power, it doesn't allow net metering for

                 solar power.  Why are we not including solar

                 power in this improvement?

                            SENATOR WRIGHT:    Madam President,

                 through you, it was our intention to address



                                                        4826



                 the issue of wind initially.  We have been

                 moving incrementally on these issues, last

                 year addressing the utilization of waste

                 through anaerobic digesters, this year

                 addressing wind capacity, leaving solar for

                 future capacity.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor would

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, do you continue to yield?

                            SENATOR WRIGHT:    I continue to

                 yield, Madam President.

                            ACTING PRESIDENT McGEE:    The

                 Senator continues to yield.

                            SENATOR LIZ KRUEGER:    Thank you

                 so much.

                            While the intention of the bill, as

                 you described, is to improve the opportunities

                 for wind power generation, there are some

                 people who work in that field who don't think

                 this bill will help them.

                            The American Wind Energy

                 Association is opposing this bill, which

                 surprised me, because they are arguing that



                                                        4827



                 limiting on-site wind generating systems to

                 10kw for residences and 100kw for farms will

                 mean that many farms won't qualify and that

                 farmers will be unlikely to invest in on-site

                 wind generations under this bill.

                            They are also concerned that

                 allowing market regulatory barriers as

                 established would increase the customer cost

                 of investing in on-site renewable generation

                 and could actually discourage investment in

                 wind power.

                            So again, I am not an expert in

                 wind power, and I will defer to your

                 expertise.  But it did concern me that the

                 group called the American Wind Energy

                 Association opposed the legislation.  I was

                 wondering if you could comment on that.

                            SENATOR WRIGHT:    I would be glad

                 to.

                            Madam President, through you, I too

                 was surprised that an association that wants

                 to develop the wind industry would be opposed.

                 But I think that of course reflects the

                 dynamics of all organizations, since they are

                 comprised of big generators and small



                                                        4828



                 generators.

                            And what we have not included, of

                 course, in what we're referring to as small

                 wind as opposed to big wind, is the commercial

                 generators.  And the reason that they are not

                 included in this legislation is because we do

                 not believe that the ratepayers need to be in

                 a position, through net metering, to subsidize

                 large commercial investments.

                            We in fact believe that there is a

                 current proceeding before the Public Service

                 Commission that will address that issue in

                 terms of renewables.  If you look at the

                 initial outcomes of that proceeding, they are

                 focusing very heavily on wind.

                            So in fact there will be a

                 mechanism through the PSC proceeding to

                 provide for large commercial applications, be

                 they agricultural or otherwise.  We are trying

                 to focus on the smaller generators without

                 shifting the cost to the ratepayers.

                            Let's remember, while we are

                 certainly concerned about renewable sources,

                 we are certainly concerned about emissions and

                 environmental impact, we cannot lose sight of



                                                        4829



                 the ratepayer.  We are still concerned about

                 costs of electricity in this state.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor would

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, will you continue to yield?

                            SENATOR WRIGHT:    I will, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator continues to yield.

                            SENATOR LIZ KRUEGER:    Thank you.

                 And thank you for your explanation.  And I

                 think we're all learning something.

                            You talked about that this won't

                 benefit larger wind generators but would help

                 small.  But I also have memos from

                 Environmental Advocates and the National

                 Resource Defense Council opposing this bill,

                 because they say that it won't be usable by

                 the small wind generator customers, that the

                 process is too complicated to get through with

                 the PSC to allow it to be likely for small

                 residential wind generators to find it

                 feasible to participate.



                                                        4830



                            So I'm wondering if you could

                 comment about why some of the well-known

                 environmental organizations are opposing this

                 bill.

                            SENATOR WRIGHT:    Well -- again,

                 through you, Madam President -- Senator, I

                 believe that it's a preference for bigger is

                 better as opposed to smaller is sufficient.

                 If you can certainly acquire the entire loaf,

                 that's what's attempting to be achieved here.

                            However, again, my focus is in

                 terms of establishing net metering for wind.

                 We do that with this bill.  My focus is to

                 develop a residential small farm application.

                 We do that with this bill.

                            I do not believe the process will

                 be too cumbersome.  The process mirrors

                 similar processes that have been put into

                 place in the Public Service Commission

                 proceedings and statute, and they are being

                 utilized as we speak.

                            Should that be the case, that this

                 is not an effective procedure and is not

                 utilized, then we go back and consider it at

                 that point in time.  But to predetermine that



                                                        4831



                 something will not work before we've even

                 taken advantage of it I think is very

                 premature at this stage.

                            ACTING PRESIDENT McGEE:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    I

                 appreciated Senator Wright's comments.

                            And there is controversy, as I

                 mentioned, quite a few organizations --

                 including, as I said, the American Wind Energy

                 Association, the Natural Resources Defense

                 Council, the New York Solar Energy Industry

                 Association, Environmental Advocates -- being

                 opposed to this legislation.

                            But I also want to give Senator

                 Wright credit for having proposed this and an

                 additional bill -- as I mentioned before, that

                 is not before us today -- that would have

                 expanded to include solar energy in this

                 category and other types of wind and solar

                 powering generators that aren't qualified



                                                        4832



                 under this.

                            So I wish we were doing your other

                 bill today that would expand this to a point

                 where perhaps it would prove feasible and

                 would encourage the use of environmentally

                 correct energy resources such as wind and

                 solar power.

                            Despite the fact that I think your

                 other bill is a superior bill, S3055, which

                 also has a same-as bill in the other house,

                 and despite the fact that all of these groups

                 that I mentioned before have serious concerns

                 with your bill, I agree that it's worth trying

                 something, taking a look at it, hopefully

                 quickly, and moving on from there and

                 hopefully expanding to include solar power and

                 other types of wind generators so that we can

                 move forward in the State of New York with the

                 types of energy that are clean and renewable

                 and decrease our dependence on oil and other

                 types of energy that not only are

                 environmentally more harmful to us but

                 continue to leave us dependent on the

                 resources of foreign countries.

                            So I will support the bill,



                                                        4833



                 although with the concern and the hesitation

                 that we should have been passing your other

                 legislation, which would have moved us forward

                 in a broader arena of areas for continued

                 renewable clean energy.  Thank you.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Yes, Madam

                 President.  On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    I share

                 many of the concerns expressed by Senator

                 Krueger.  And I know Senator Wright has such a

                 good bill that it is really just -- this one

                 just, you know, looks bad by comparison.  It's

                 sort of like when I stand next to Senator

                 Balboni, I don't look so good.

                            (Laughter.)

                            SENATOR SCHNEIDERMAN:    I think

                 that the difficulties that have been raised,

                 though, in my view, particularly by

                 Environmental Advocates and by the New York

                 Solar Energy Industry Association, lead me to



                                                        4834



                 conclude that this bill actually would be a

                 step backwards, that this would make it less

                 likely that we're going to move forward with

                 serious promotion of solar and wind energy.

                            Under this bill, small residential

                 wind generators are required to pay the costs

                 of interconnection.  This is really a bill

                 that favors utilities at the expense of the

                 individuals and small businesses and farms

                 that we're supposed to be encouraging to go

                 out and invest in solar and wind energy.

                            So I fall down on the other side of

                 the balance, and I am actually going to be

                 voting to oppose this bill, in the hopes that

                 we are able to move forward in the future with

                 more significant legislation.

                            Clearly it requires us to take on

                 the utilities to a certain extent to get an

                 energy policy enacted in this state that

                 promotes investment in these alternative

                 sources.  And it requires giving a little bit

                 more, or in some cases a lot more, to those

                 who would invest in wind and solar energy.

                            This bill does not do that, and I

                 therefore actually view it as a potential



                                                        4835



                 setback to this effort.  So I will be voting

                 no.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Any

                 other Senator wishing to speak on the bill?

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, to explain his vote.

                            SENATOR WRIGHT:    Thank you, Madam

                 President.

                            I appreciate the support for this

                 bill this morning.  I appreciate cosponsorship

                 by my Minority ranker, Senator Parker.  And I

                 want to point out that this does not in any

                 way diminish our commitment to renewable

                 energy, nor does it diminish any demands in

                 terms of environmental requirements.

                            What it does do is focus on the

                 cost to the ratepayer.  And it's nice to talk

                 about applying costs to utilities, but they in



                                                        4836



                 fact are you and I, they are ratepayers.  And

                 so what we've attempted to do is to avoid the

                 concept of profit and to ensure that we

                 encourage renewables and environmental energy

                 through the use of savings and cost avoidance.

                            And while the big commercial

                 enterprises do not like that and do not

                 advocate that, in fact, individuals who are

                 committed and interested in renewable energy

                 have a vehicle to avoid their cost and to

                 utilize those resources.

                            On the issue of interconnection

                 specifically, it in fact avoids an

                 interconnection fee.  There is none up to kw,

                 which is consistent with existing statute.  So

                 I don't believe that we've adversely affected

                 anything.  We're sending a clear message to

                 people who want to commit to renewables, just

                 as we are in terms of state policy before the

                 PSC addressing renewable contracts.

                            I vote in the affirmative.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Announce

                 the results.

                            THE SECRETARY:    Those recorded in



                                                        4837



                 the negative on Calendar Number 918 are

                 Senators Duane, LaValle, Leibell,

                 Schneiderman, and Spano.  Ayes, 52.  Nays, 5.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Seward.

                            SENATOR SEWARD:    Thank you, Madam

                 President.  I would ask unanimous consent to

                 be voted in the negative on Calendar Number

                 814.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 there will be an immediate meeting of the

                 Rules Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT McGEE:

                 Immediate meeting of the Rules Committee in

                 the Majority Conference Room.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could go to Calendar Number 1497, by

                 Senator Velella.

                            ACTING PRESIDENT McGEE:    The



                                                        4838



                 Secretary will read Calendar Number 1497, by

                 Senator Velella.

                            THE SECRETARY:    Calendar Number

                 1497, by Senator Velella, Senate Print 5637,

                 an --

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, there has been an explanation

                 requested.

                            SENATOR VELELLA:    Yes, this is

                 the renewal of the pre-need funeral bill,

                 which we had placed in law about two years ago

                 and which will prevent payments of commissions

                 to funeral directors for selling policies to

                 pay for funerals.

                            We do have in this state, as a

                 result of Assemblyman Gottfried's work and our

                 former colleague Senator Tully's work, a very

                 system of arranging for pre-needs through

                 trust funds.  This has been cited as one of

                 the models nationally of pre-need

                 arrangements.

                            This bill will make the payment of

                 any commissions to funeral directors by



                                                        4839



                 insurance companies illegal.  It extends it

                 for four years.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, will you please call up Calendar

                 Number 1498.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read Calendar Number 1498.

                            THE SECRETARY:    Calendar Number

                 1498, by Senator Velella, Senate Print 115, an

                 act to amend Chapter 576 of the Laws of 1975.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, an explanation has been requested.



                                                        4840



                            SENATOR VELELLA:    This bill

                 expands a program which New York State has for

                 bona fide residents to study in other

                 institutions for the purposes of attending

                 medical or dentistry schools.

                            New York State currently has

                 agreements with the University of Vermont

                 Medical School, Morehouse College of Medicine,

                 the University of Puerto Rico School of

                 Medicine, and the Sackler School of Medicine

                 in Tel Aviv.

                            This bill would extend that program

                 to the St. George University School of

                 Medicine and Dentistry in Grenada.

                            ACTING PRESIDENT McGEE:    Senator

                 Stavisky.

                            SENATOR STAVISKY:    If the sponsor

                 would yield to a couple of questions.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, will you yield?

                            SENATOR VELELLA:    One at a time,

                 yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator will yield to your questions one at a

                 time, Senator.



                                                        4841



                            SENATOR STAVISKY:    I will try to

                 ask them one at a time.

                            Madam President, through you.  I'm

                 concerned about the choice of St. George's,

                 Madam President.  I wonder if the sponsor

                 could explain why St. George's was chosen when

                 there are lots of medical schools outside

                 New York State, even in foreign countries such

                 as Mexico, perhaps, or Canada or Great

                 Britain, with perhaps different kinds of

                 programs.

                            SENATOR VELELLA:    The answer to

                 that, quite simply, is they asked.  The others

                 haven't asked.

                            SENATOR STAVISKY:    I understand

                 that the -- Madam President, another question.

                 Sorry.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, will you continue to yield?

                            SENATOR VELELLA:    Yes, certainly.

                            ACTING PRESIDENT McGEE:    The

                 Senator continues to yield.

                            SENATOR STAVISKY:    The reason, I

                 understand, as outlined in the bill is the

                 legislation says there's a lack of qualified



                                                        4842



                 personnel here in New York State, and they

                 want to contract outside.

                            What is the cost involved?  I read

                 the bill, I read the bill memo, and the

                 section -- there's nothing that talks about

                 financial --

                            SENATOR VELELLA:    If I might,

                 maybe the fact that misleads you a little bit

                 that there's no money mentioned here is

                 because this program, while it exists, because

                 of fiscal constraints has not been funded.  So

                 it would make them eligible when money becomes

                 available to fund these programs.

                            So the school in Tel Aviv, the

                 school in Puerto Rico, they don't get any

                 money right now because the funding isn't

                 there for this.  So the amount would be

                 tuitions, and that would be worked out when

                 the Legislature and the Governor decide to

                 fund these programs.

                            Are you signalling me?

                            SENATOR STAVISKY:    I thought

                 somebody was going to use the phrase "unfunded

                 mandate," but I certainly wouldn't do that.

                            On the bill, Madam President.



                                                        4843



                            Thank you very much.

                            ACTING PRESIDENT McGEE:    Senator

                 Stavisky, on the bill.

                            SENATOR STAVISKY:    Very briefly

                 on the bill.

                            I'm troubled by this bill, and I'm

                 going to vote no because there's a cost factor

                 which is unknown.  The bill talks about -- I

                 think it's at least 20 seats, no more than

                 40 seats, if I'm not mistaken.

                            The primary reason is the fact that

                 the SUNY trustees are going to meet relatively

                 soon and raise tuition levels at SUNY.  The

                 CUNY trustees have already done so.  And in

                 fact, we have a program at CUNY very similar

                 to this program, as part of the City College

                 Sophie Davis Medical School, where they're

                 assigned, once they graduate and the city and

                 state pays the tuition, they're assigned to

                 underserved areas.

                            It seems to me that this is a cost

                 which should not be borne by the taxpayers of

                 New York.  At one time we may have had a

                 shortage of doctors.

                            Can I wave too?



                                                        4844



                            At one time we may have had a

                 shortage of doctors.  I'm not so sure that

                 this particular medical school warrants a

                 contract with New York State, and I will vote

                 no.

                            SENATOR VELELLA:    On the bill

                 briefly, I would just like to --

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR VELELLA:    -- possibly

                 help Senator Stavisky accept the concept a

                 little bit more.  Because there is a

                 commitment that for our investment, these

                 doctors, when they are educated, will be

                 assigned by the Commissioner of Education to

                 needy areas for a period of three years to

                 perform civic and -- their duty as doctors in

                 needy areas of this state.

                            So that might help you understand.

                            SENATOR STAVISKY:    I mentioned

                 that.  I mentioned that as a preface to my

                 question.  And that is exactly what happens

                 with Sophie Davis.

                            The real problem with Sophie Davis

                 has been -- on the bill, Madam President.



                                                        4845



                            THE PRESIDENT:    You may proceed.

                            SENATOR STAVISKY:    The real

                 problem with Sophie Davis has been to enforce

                 the contract that exists between the student

                 and the university.  And if they do not

                 fulfill their requirement of public service,

                 to recoup the costs.

                            And I see in the legislation there

                 is a complicated formula which describes how

                 the state will eventually -- if they ever fund

                 the program, how they can recoup the costs

                 from any recalcitrant students.

                            But I understand Senator Velella's

                 concern, and I commend him.  But on the other

                 hand, I will vote no.

                            SENATOR VELELLA:    Last section.

                            THE PRESIDENT:    Does any other

                 member wish to be heard?

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    Senator



                                                        4846



                 Oppenheimer, to explain your vote?

                            SENATOR OPPENHEIMER:    No.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Oppenheimer, not to explain

                 your vote.

                            SENATOR OPPENHEIMER:    Not to

                 explain my vote.  I just wanted to be recorded

                 in the negative, with unanimous consent, on

                 Calendar Number 918, Senate 4890.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative.

                            Senator Stavisky.

                            SENATOR STAVISKY:    I forgot to

                 raise my hand.  I vote no on Calendar 1498.

                            THE PRESIDENT:    You did stand, so

                 I saw you.  Thank you.

                            Hearing no objection, you are so

                 recorded as voting in the negative on the bill

                 that just passed.

                            Senator Morahan.

                            SENATOR MORAHAN:    Yes, Madam

                 President, may I be recorded in the negative

                 on 918.



                                                        4847



                            THE PRESIDENT:    Without any

                 objection, you will be so recorded, Senator

                 Morahan, as voting in the negative.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Yes, Madam

                 President, I'd like unanimous consent to be

                 recorded in the negative on Calendar Number

                 918.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative on that bill.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, thank you.  Will you please call up

                 Calendar Number 1525.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 1525, by Senator Velella, Senate Print 5589,

                 an act to amend the Labor Law.

                            THE PRESIDENT:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you, Madam President.  On the bill.

                            THE PRESIDENT:    You may proceed.



                                                        4848



                            SENATOR HASSELL-THOMPSON:    In

                 1985 I had the privilege of being appointed by

                 former Governor Cuomo to the Apprenticeship

                 and Training Council.  And I served until

                 1992, at which time the council was cut, and I

                 was one of those that was cut from the

                 council.

                            And I was very disturbed, because

                 one of the things that makes Senator Velella's

                 bill an excellent bill is the fact that there

                 is a necessity to have a good cross-section of

                 both employers and employees representing on

                 this particular council.

                            So I want to commend Senator

                 Velella and vote with him on his attempts to

                 expand on the New York State Training and

                 Apprenticeship Council, primarily.  And I hope

                 that what we will do a better job of is

                 bringing more and more minorities into

                 apprenticeships so that they become more

                 affiliated with our many unions.

                            And I wanted to commend the Senator

                 on this bill.

                            THE PRESIDENT:    Does any other

                 member wish to be heard?



                                                        4849



                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 90th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, will you please call up Calendar

                 Number 1535.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 1535, by Senator Velella, Senate Print 5624,

                 an act to amend the Workers' Compensation Law.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            THE PRESIDENT:    Senator Velella,

                 an explanation has been requested.

                            SENATOR VELELLA:    Yes, Madam

                 President.  This bill is needed to address a

                 technical flaw in legislation which was passed



                                                        4850



                 in 1998 with the intent of providing certain

                 safeguards concerning medical records of

                 patients.

                            The law prohibited the disclosure

                 of workers' compensation records except to

                 parties expressly permitted by law, including

                 the staff of the board, carriers, and

                 claimants' attorneys.  However, it did not

                 include the claimant's treating physician.

                            This bill corrects that.

                            SENATOR SCHNEIDERMAN:    I'm sorry,

                 Madam President, to interrupt such an eloquent

                 explanation, but this was laid aside at the

                 request of Senator Krueger, who's in Rules.

                            So if it's possible to lay this

                 aside temporarily, maybe we get to hear that

                 extraordinarily eloquent explanation again, if

                 that would be all right.

                            SENATOR VELELLA:    Could we

                 incorporate it by reference into the --

                            SENATOR SCHNEIDERMAN:    Yes, you

                 can ask for it be read back.

                            Without objection.

                            THE PRESIDENT:    The bill is laid

                 aside temporarily.



                                                        4851



                            The Secretary will continue to

                 read.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, will you please go back to the

                 regular order of the controversial calendar,

                 starting with Calendar Number 919.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 919, by Senator Wright, Senate Print 4932A, an

                 act to amend the Energy Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the --

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            THE PRESIDENT:    Senator Wright,

                 an explanation has been requested.

                            SENATOR WRIGHT:    Thank you, Madam

                 President.  Welcome to the chambers this

                 morning.

                            THE PRESIDENT:    Welcome to you

                 also, Senator.



                                                        4852



                            SENATOR WRIGHT:    Today we are

                 amending the Energy Law relative to enhanced

                 energy conservation through energy performance

                 contracts that's currently applicable to

                 municipalities.  We are expanding that

                 definition to include community colleges.  We

                 are defining a series of applications.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the 60th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1257, by Senator Padavan, Senate Print 5372,

                 an act to amend the General City Law and

                 others.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            THE PRESIDENT:    Senator Padavan,

                 an explanation has been requested.

                            SENATOR PADAVAN:    The bill before



                                                        4853



                 us, Madam President, amends the 1996 chapter

                 that established the Relocation and Employment

                 Assistance Program, as well as some ancillary

                 programs, which is a vehicle by which we

                 encourage employers to move into the city, to

                 expand their businesses, to hire more people,

                 to rehabilitate buildings, place capital where

                 it does the most good within the city of

                 New York.

                            There are several pages of

                 amendments of that original statute, including

                 a provision that expands a program to include

                 Lower Manhattan, south of Houston Street, to

                 deal with development issues that we're all

                 familiar with in that part of the city.

                            The bill also clarifies a number of

                 other provisions of existing law to avoid any

                 misunderstandings or confusions that may have

                 existed.  It does a number of other things in

                 terms of expanding the REAP credit as well as

                 the employment credit.

                            Basically, in some, it takes the

                 existing law, which has been working fairly

                 well, and makes it more effective.

                            THE PRESIDENT:    Senator



                                                        4854



                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  If the sponsor would yield

                 for a few questions.

                            THE PRESIDENT:    Senator Padavan,

                 do you yield?

                            SENATOR PADAVAN:    Yes.

                            THE PRESIDENT:    You may proceed.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Madam President, this program, which I

                 think pretty much everyone agrees is a good

                 program that should be renewed, my

                 understanding is that it actually involves two

                 separate credits, the Relocation Employment

                 Assistance Program credit and the Employment

                 Opportunity Relocation Cost credit.

                            The former, I believe, is a 12-year

                 credit; the latter is a one-year credit to

                 deal with costs of moving.

                            Is it true that this bill would

                 only extend the latter, the smaller, one-year

                 credit to businesses in Lower Manhattan?

                            SENATOR PADAVAN:    No.  I think

                 you're talking about the Employment

                 Opportunity Relocation Cost credit.



                                                        4855



                            SENATOR SCHNEIDERMAN:    Yes.

                            SENATOR PADAVAN:    That consists

                 of credits against the city's general

                 corporation tax for certain expenses involved

                 in relocating commercial and industrial jobs

                 into the city from areas outside the state.

                 It is not limited to the area you just

                 mentioned.

                            SENATOR SCHNEIDERMAN:    Madam

                 President.

                            THE PRESIDENT:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Is that credit, though, the EORCC

                 credit current, under the current program,

                 before it would be amended by this bill, is

                 that credit available for Lower Manhattan now?

                            SENATOR PADAVAN:    No, I don't

                 believe so.  I believe this bill provides for

                 it to be.

                            SENATOR SCHNEIDERMAN:    And

                 through you, Madam President, if the sponsor

                 would continue to yield.

                            SENATOR PADAVAN:    Yes.

                            THE PRESIDENT:    The Senator does



                                                        4856



                 yield.  You may proceed.

                            SENATOR SCHNEIDERMAN:    So this

                 bill modifies the existing program by making

                 the EORCC available to Lower Manhattan.  But

                 is it not correct that it does not modify the

                 existing program by making the REAP credit

                 available to Lower Manhattan?

                            SENATOR PADAVAN:    That's correct.

                            SENATOR SCHNEIDERMAN:    So is

                 there not a concern that, because the REAP

                 credit is available to firms who move from

                 Lower Manhattan to the outer boroughs, that

                 we're essentially competing with ourselves for

                 credits?  That one of the credits is provided

                 to Lower Manhattan, but there are other

                 incentives under the REAP program -- which is

                 a longer program -- that actually would

                 encourage firms to move out of Lower Manhattan

                 to other parts of the city?

                            SENATOR PADAVAN:    That is not

                 true.  Because there are specific provisions

                 in the bill, which I'd be happy to sit down

                 with you later and point out, that prevent

                 credits from being given to any firm that

                 moves from one part to another part of the



                                                        4857



                 city without any specific gain in that

                 process.

                            There is no attempt here to

                 exacerbate the Lower Manhattan development

                 problems that exist as a result of 9/11 and

                 other issues involving the securities

                 industry.  Quite to the contrary.  There's an

                 effort here -- maybe not as much as some would

                 like, but we've been amending this bill every

                 year by expanding and dealing with issues that

                 arise ever since it was adopted.

                            But nevertheless, the initiative

                 here by the city -- and this is a city bill --

                 is to encourage development and commercial

                 development in Lower Manhattan, not,

                 certainly, to detract from it.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Madam President, on the bill.

                            THE PRESIDENT:    You may proceed.

                            SENATOR SCHNEIDERMAN:    I think

                 that there's very little dispute that this

                 program is a good program.  When it was

                 initially established, the economy was in a

                 very far different state than it is today.

                 And it's designed to encourage the location of



                                                        4858



                 businesses outside of Manhattan south of 96th

                 Street.

                            However, because the REAP credit

                 under the bill as proposed -- which really is,

                 as the sponsor correctly points out, based on

                 growth and the adding of employees -- is not

                 made available to businesses south of Houston

                 Street, then I think that it really more than

                 offsets the availability of the one-year

                 moving credit, the EORCC credit, which is made

                 available under this bill to businesses moving

                 south of Houston Street.

                            I think that if we're going to try

                 and address the crisis of the relocation of

                 businesses in Lower Manhattan, it would be --

                 it's necessary for us -- not just reasonable,

                 it's absolutely necessary that we provide

                 additional incentives and not provide one

                 temporary incentive that in reality, in real

                 economic terms, in the case of most businesses

                 will be more than offset by the credit that we

                 are making available for businesses to leave

                 Lower Manhattan and move to other parts of the

                 city.

                            According to the New York City



                                                        4859



                 Partnership, the attack on the World Trade

                 Center cost 100,000 jobs, $80 billion in

                 damages and economic losses just in Lower

                 Manhattan.

                            So I would suggest that the best

                 thing for us to do -- and I gather that the

                 Assembly is attempting to craft a piece of

                 legislation that will do just this -- is to

                 make the REAP credits available, even if on a

                 more temporary basis, to businesses if they

                 relocate in Lower Manhattan.

                            We certainly should not be doing

                 anything that in any way, shape or form

                 provides an incentive for a business to move

                 from Lower Manhattan during a time when we're

                 also spending tremendous time, effort, and

                 money trying to get businesses to relocate

                 back into Lower Manhattan or to stay in Lower

                 Manhattan.

                            So I think this bill does make many

                 improvements.  I think this is a program that

                 should be renewed.  But I do think this

                 actually does some serious damage to our

                 efforts to rebuild and revitalize Lower

                 Manhattan, and I therefore am going to be



                                                        4860



                 voting no in the hopes that we will have a

                 modified bill to vote on in the very near

                 future.

                            Thank you, Madam President.

                            THE PRESIDENT:    Senator Malcolm

                 Smith.

                            SENATOR MALCOLM SMITH:    Thank

                 you, Madam President.  On the bill.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR MALCOLM SMITH:    There's

                 no question, Madam President, that ever since

                 9/11 there's been a concern about Lower

                 Manhattan and the need to encourage businesses

                 to come downtown.

                            And most recently, I think you've

                 seen the war that has gone on between Governor

                 McGreevey and our Governor and Deputy Mayor

                 Doctoroff, in that New Jersey has essentially

                 gone back on their word and has decided to

                 offer a number of benefits to sort of pirate

                 the businesses from Lower Manhattan.

                            As my colleague Senator

                 Schneiderman indicated, clearly the importance

                 of maintaining the REAP program and



                                                        4861



                 maintaining the benefits of the REAP program

                 are important.  Clearly, having one-shot REAP

                 benefits is not the thing to do.  As you know,

                 the REAP program currently allows for a $3,000

                 benefit for 30 years for each particular

                 employee for a company that moves below 96th

                 Street.

                            However, there is a need to do a

                 little bit more.  I do understand the Assembly

                 is crafting another bill.  But while I am

                 sensitive to Lower Manhattan, I also have to

                 be a little sensitive to the outer boroughs as

                 well.  And while the REAP program offers some

                 benefits to companies that move to the outer

                 boroughs, I think a lot of this could be

                 solved by offering REAP benefits to companies

                 that move into Empire Zones as well.

                            And by virtue -- I should say what

                 that would basically do is offer benefits that

                 you could get in the REAP benefits also if you

                 move into Empire Zone programs.

                            And I guess a case in point for me

                 in particular, Madam President, I have a

                 business within my district that moved

                 interborough, and their financial projections



                                                        4862



                 and statements was based on the fact that they

                 were going to get REAP benefits.  They now do

                 not get REAP benefits, which essentially moves

                 their cost per square foot from $32 a square

                 foot to $68 a square foot, which essentially

                 would render the project null and void.

                            While I know that Senator Padavan

                 has worked some time on this bill, and Senator

                 Schneiderman is encouraged about moving

                 companies down to Lower Manhattan, there is

                 also a need to make sure that companies, when

                 they move from one part of a borough to

                 another, they can also benefit from the REAP

                 program.

                            So while I will be supporting this

                 bill suspectly, it is my hope that the

                 Assembly will craft a bill that will allow

                 Empire Zones onto this particular bill, which

                 will then allow REAP benefits for any company

                 that moves into an Empire Zone, which I think

                 will solve this problem of this continual

                 benefit that needs to happen once you move

                 into the Lower Manhattan area.

                            Thank you.

                            THE PRESIDENT:    Senator Krueger.



                                                        4863



                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  If, through you, the sponsor

                 would yield to a question.

                            THE PRESIDENT:    Does the sponsor

                 yield?

                            SENATOR PADAVAN:    Yes.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I have concerns in general about

                 these kinds of programs, although I do think

                 that your bill makes improvements on the

                 previous legislation.

                            How many times has New York City

                 actually taken this advantage away from a

                 company who made a commitment but then failed

                 to actually deliver on the jobs?  How often

                 have they gotten their money back, so to

                 speak, after they may have allowed a tax

                 credit that should not have been allowed to

                 happen?

                            SENATOR PADAVAN:    I have no idea,

                 Senator.

                            SENATOR LIZ KRUEGER:    You don't

                 have any idea.



                                                        4864



                            SENATOR PADAVAN:    But I do know

                 in this bill there is a provision that seeks

                 to tighten up.  For instance, it used to be at

                 the time of the application.  Now it's at the

                 time of the actual event.

                            So there is an effort on the part

                 of the city to make sure that people are not

                 taking advantage of this without producing the

                 desired result.

                            SENATOR LIZ KRUEGER:    Thank you,

                 sir.

                            Madam President, briefly on the

                 bill.

                            THE PRESIDENT:    You may proceed.

                            SENATOR LIZ KRUEGER:    Thank you.

                            In general, I have to say I don't

                 like this kind of legislation.  I think the

                 history overall has been individualized

                 credits to businesses for staying in one place

                 or moving between boroughs or stopping them

                 from moving across state lines has actually

                 just put us into bidding wars to hold on to

                 businesses where we then end up losing the tax

                 revenue we need to deliver the services in our

                 communities.



                                                        4865



                            And so even the discussion among my

                 own colleagues about relocation from one

                 borough to another to another inside an Empire

                 Zone, outside an Empire Zone, we're actually

                 competing with ourselves in the City of

                 New York for where our businesses sit, rather

                 than doing anything to expand the overall

                 universe of businesses creating new jobs for

                 us in the city.

                            So my initial instinct is to simply

                 vote against this, because I think the history

                 of this type of legislation has proved that it

                 has not had the kind of impact in job creation

                 that we would have hoped, but in fact have

                 been dollar losers in taxes for our base in

                 New York City and in other localities.

                            Nonetheless, there are changes in

                 this that at least recognize the importance of

                 focusing on smaller businesses, of closing

                 loopholes in the law that allowed one business

                 to get multiple advantages from multiple

                 relocations of the same bodies and in fact

                 keep it a relatively limited program in scope.

                 The estimated financial impact is between

                 $5 million and $10 million to the City of



                                                        4866



                 New York, which makes it a relatively small

                 program.

                            So I will -- I'm going to vote

                 against the bill, and I hope others will at

                 least consider that it is time for us to start

                 evaluating that as we continue to give tax

                 credits, tax deductions, tax incentives to

                 anyone who claims maybe they'll come somewhere

                 they wouldn't have otherwise or maybe they

                 won't leave to go somewhere else because of

                 this, that we really need to evaluate how

                 these programs have worked.

                            Have we actually increased the

                 number of jobs in the state of New York, in

                 the city of New York through these kinds of

                 programs?  And there are many of them; this is

                 just one.  Or are we simply sucking ourselves

                 dry of tax revenue to run the kinds of

                 programs we need on what potentially are

                 bluffs by people who claim that they would

                 otherwise not have established their

                 businesses or they would have gone to a

                 different state?

                            And I'm particularly concerned when

                 we seem to be competing with ourselves even



                                                        4867



                 from borough to borough, who gets the job and

                 who loses the job.  That's not a net win for

                 the people of New York State or New York City.

                            So I will vote against this and

                 hope others will start to join me in

                 evaluating what the impact is overall in our

                 tax revenue at the state and city level and on

                 the perhaps unfairness of the idiosyncrasies

                 of our tax policies for businesses.

                            Thank you.

                            THE PRESIDENT:    Does any other

                 member wish to be heard?

                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 37.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.  Nays,

                 1.  Senator L. Krueger recorded in the

                 negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1378, by Senator Volker, Senate Print 4930, an



                                                        4868



                 act to amend the Labor Law.

                            SENATOR MALCOLM SMITH:

                 Explanation.

                            THE PRESIDENT:    Senator Volker,

                 an explanation --

                            SENATOR MARCELLINO:    Lay it aside

                 temporarily.

                            THE PRESIDENT:    The bill is laid

                 aside temporarily.

                            Senator Alesi.

                            SENATOR ALESI:    Thank you, Madam

                 President.  I wish to ask unanimous consent to

                 be recorded in the negative on Calendar 814,

                 by Senator Marcellino.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative on that bill.

                            Senator Kuhl.

                            SENATOR KUHL:    Yes, Madam

                 President, I'd like to ask unanimous consent

                 to be recorded in the negative on Calendar

                 Number 694 and also on Calendar Number 814.

                            THE PRESIDENT:    Hearing no

                 objection, Senator Kuhl, you will be so

                 recorded as voting in the negative on both of



                                                        4869



                 those bills.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 1490, by Senator Kuhl, Senate Print 5582, an

                 act to amend Chapter 529 of the Laws of 2002.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            THE PRESIDENT:    Senator Kuhl, an

                 explanation has been requested.

                            SENATOR KUHL:    Thank you, Madam

                 President.  May I inquire as to who asked for

                 the explanation?

                            THE PRESIDENT:    Senator Krueger.

                            SENATOR KUHL:    Senator Krueger,

                 this is a bill that essentially delays the

                 implementation of a statute that we adopted in

                 this house last year for approximately six

                 months, until the first of the year, 2004.

                            SENATOR LIZ KRUEGER:    Madam

                 President, through you, if the sponsor will

                 yield.

                            THE PRESIDENT:    Will the sponsor

                 yield?

                            SENATOR KUHL:    Yes.



                                                        4870



                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator Kuhl, my understanding is

                 this is a bill that allows a school district

                 to increase their debt or to borrow to pay off

                 their current operating debt for their school

                 system.  Are we talking the same bill or --

                            SENATOR KUHL:    I don't think we

                 are, Senator.

                            SENATOR LIZ KRUEGER:    Senator

                 Kuhl, I'm sorry.  I had two questions on this

                 bill.  Excuse me.

                            Thank you, Madam President.  If I

                 can clarify and ask the sponsor to yield.

                            THE PRESIDENT:    The sponsor does

                 yield, and you may proceed.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Excuse me, Senator Kuhl.  I

                 confused two bills on schools.

                            Could you explain what the delay in

                 the mandates, these related to school buses

                 and school bus drivers in some way, what are

                 we giving them six months more to do?

                            SENATOR KUHL:    Well, Senator, let



                                                        4871



                 me explain it to you this way.  This is a

                 bill, if you've read the memos in support of

                 the bill, that actually requires school

                 districts to establish or I should say

                 implement basic qualifications for all school

                 bus monitors and school bus attendants, as

                 well as requires specific training for school

                 bus attendants that are assisting students

                 with special needs.

                            Now, we adopted this statute last

                 year; it was intended to take effect on

                 July 1st of this year.  In most cases you'd

                 think that that would be sufficient time.  But

                 as it happened, there's a requirement in the

                 statute we adopted last year that calls for

                 the Commissioner of Education to promulgate

                 rules and regulations and set up the criteria.

                            Well, as would have it, those

                 regulations won't take effect until the middle

                 of July.  That is two weeks after school

                 districts are supposed to have already

                 implemented the bill.  So there's not a school

                 district in this state that can be in

                 compliance with the statute if in fact it's

                 allowed to be implemented on July 1st.



                                                        4872



                            So we thought it only right to

                 delay the implementation, the requirement of

                 school districts to actually have all this

                 training done and offer all these people

                 school bus attendants that require them to

                 interact with the students with needs and also

                 all the other school bus attendants and

                 monitors, that we thought it would be only

                 fair for the school districts to have a little

                 bit of time to actually follow that criteria

                 which is now being established.

                            So unfortunately, as much as we

                 would like to have had it in effect in about

                 two weeks, the rules and regulations won't be

                 in place for a month.  So I don't like to put

                 school districts in a position where they

                 can't comply with this adoption of what I

                 would consider to be a chapter amendment to a

                 statute we adopted last year.

                            They now will have roughly six

                 months to actually go through this training

                 and make sure that all the people they are

                 hiring are in compliance with what we have

                 told them they need to do.

                            SENATOR LIZ KRUEGER:    Thank you,



                                                        4873



                 Madam President.  I'd like to thank the

                 sponsor for the very detailed explanation.

                            THE PRESIDENT:    Does any other

                 member wish to be heard?

                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1493, by Senator Larkin, Senate Print 5597, an

                 act to authorize the Monroe-Woodbury Central

                 School District.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            THE PRESIDENT:    Senator Larkin,

                 an explanation has been requested.

                            SENATOR LARKIN:    Who asked?

                            THE PRESIDENT:    Senator Krueger

                 requested an explanation.

                            SENATOR LARKIN:    Thank you, Madam



                                                        4874



                 President.

                            Senator Krueger, we passed this

                 bill on May 28th.  There was a requirement

                 that the Assembly wanted to make a minor

                 change, as they did with about six others.

                 This is the seventh bill of this nature.

                            I might add, for everybody's

                 information, that Calendar Number 485 that we

                 passed on consent is exactly the same as this

                 bill here.  It gives the school districts --

                 we put in the time requirements for the

                 comptroller to monitor their things.

                            They just wanted another sentence

                 in there.  Instead of making a change, we put

                 the whole bill in because of the aging

                 process.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Madam President, if the sponsor

                 would yield for just one question.

                            THE PRESIDENT:    Does the sponsor

                 yield?

                            SENATOR LARKIN:    Yes.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR LIZ KRUEGER:    Thank you.



                                                        4875



                            Senator Larkin, if I could just

                 clarify --

                            SENATOR LARKIN:    Madam President,

                 I can't hear her.

                            THE PRESIDENT:    Could you speak

                 up, Senator.

                            SENATOR LIZ KRUEGER:    Can you

                 hear me now, Senator Larkin?

                            SENATOR LARKIN:    Certainly.  I

                 was just saying there's too much noise in the

                 back here.

                            SENATOR LIZ KRUEGER:    In this

                 bill, are we giving a school district the

                 authority to expand their bonds and their debt

                 to pay off their current operating expenses?

                 Is that your understanding of this?

                            SENATOR LARKIN:    Yes.

                            SENATOR LIZ KRUEGER:    Madam

                 President, briefly on the bill.

                            THE PRESIDENT:    You may proceed.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I appreciate the sponsor's

                 explanation.

                            My concern here is the same concern

                 I had for the State of New York when we passed



                                                        4876



                 in our own budget the authority to bond out

                 $4.2 billion to pay off operating expenses.

                            I am concerned that we are, as a

                 state, handling our finances poorly and we are

                 perhaps letting our school districts get

                 themselves further into a debt situation where

                 they will end up eventually coming back to the

                 state and asking for additional money in order

                 to not default because they are borrowing

                 money for general operating expenses.  It's a

                 bad policy precedent.

                            The fact, as Senator Larkin pointed

                 out, that we have done this for other school

                 districts means I will vote for this.  But I

                 just felt it was important for us to highlight

                 that we are continuing to allow what is

                 conceivably dangerous financial precedent and

                 practices, not just for our own state

                 government but for our school districts.

                            And the risk to the state if they

                 are not able to pay both back their debt and

                 continue their school operating expenses is

                 they will come back to the state in default,

                 asking us for further assistance, putting us

                 into a more difficult situation in the future.



                                                        4877



                            Thank you very much, Madam

                 President.

                            THE PRESIDENT:    Senator

                 Oppenheimer.

                            SENATOR OPPENHEIMER:    I think

                 I'll speak also on the bill.

                            THE PRESIDENT:    You may proceed

                 on the bill, Senator.

                            SENATOR OPPENHEIMER:    I also will

                 support this, because we have done it for

                 other school districts.

                            But I've said this before on the

                 floor of the Senate, that when I was getting

                 my MBA at Columbia, there was an 11th

                 commandment.  And the 11th commandment was

                 "thou shalt not capitalize expense items."  It

                 is not generally accepted accounting

                 principles.  It is not the way to go.  I think

                 we all know that.

                            But we are in financial straits

                 right now, and so I will approve this because

                 we have approved others.  But it is not proper

                 accounting procedure.

                            THE PRESIDENT:    Does any other

                 member wish to be heard?



                                                        4878



                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 9.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1499, by Senator LaValle, Senate Print 302D,

                 an act to amend the Education Law.

                            SENATOR STAVISKY:    Explanation.

                            THE PRESIDENT:    Senator LaValle,

                 an explanation has been requested.

                            SENATOR LaVALLE:    Madam

                 President, this legislation that is before us

                 was born out of the Enron situations and

                 others where the public accountants, certified

                 public accountants who were the gatekeepers

                 also became the secret-keepers and caused a

                 lot of problems within the securities

                 industry, because what came into question was

                 what was a corporate profit.

                            We held committee -- Higher



                                                        4879



                 Education held two hearings.  I know Senator

                 Stavisky was a participant, and Senator

                 Balboni to my left and Senator Volker to my

                 right and other committee members participated

                 in these hearings in New York City and Albany.

                            The committee last year held what

                 we call a roundtable discussion with the

                 industry, the Society of Public Accountants

                 and the Big Four and those who are non-CPAs.

                 And we just couldn't really, last year, come

                 to closure on this legislation.

                            This year, there were some eight

                 meetings with all of the players, including

                 the State Education Department.  And I also

                 want to thank the department for their

                 expertise and their involvement in this

                 legislation.

                            This legislation, if you read --

                 and I'm just going to read a bit of the

                 legislative findings, because it sets the

                 stage for what I'm going to discuss as the

                 major provisions of this bill.

                            "The Legislature hereby declares

                 that serious issues have arisen with the

                 profession of public accountancy as a result



                                                        4880



                 of various revelations and questions regarding

                 financial reporting.  Restoring public

                 confidence and investor reliance," and it goes

                 on and on.

                            So what we want to do with this

                 legislation is not only to restore public

                 confidence and investor reliance on

                 information, but I think the profession -- and

                 they should be congratulated -- said:  We need

                 to look at our scope of practice, we need to

                 restore public confidence, and we need to do

                 some very serious changes.

                            This legislation expands the scope

                 of the regulated practice beyond basic attest

                 and the compilation of financial statements,

                 to include tax preparation, financial

                 planning, and other services -- and other

                 services offered by CPAs.

                            And during the hearings, this was a

                 major focus.  Because for many, many large

                 public accounting firms, the majority of their

                 income generated was not from tax preparation

                 or attest functions but was from consultation,

                 consulting services.

                            This requires registration of all



                                                        4881



                 CPA firms, making them subject to both review

                 and discipline.  And it also requires CPAs

                 employed in private industry to register with

                 the State Education Department.  There's

                 mandatory peer review of all CPA firms every

                 three years.

                            And I would say that in the

                 legislation, the peer review has department

                 involvement to make sure that the firms that

                 are chosen to do peer review are strong and

                 have good reputations.

                            This peer review I liken to

                 accreditation of our colleges and

                 universities.  There will be more rigorous

                 requirements for continuing professional

                 education for all CPAs, very, very high

                 standards.  This came up during our hearings,

                 that we needed more continuing mandatory

                 education, and also discussions on portions

                 dealing with ethical conduct.

                            It establishes a separate and

                 distinct procedure for the investigation of

                 professional misconduct and disciplinary

                 action by the State Board for Public

                 Accountancy.  And there are penalties for



                                                        4882



                 professional misconduct, and they are very

                 heavy penalties.

                            A public accounting firm found

                 guilty of professional misconduct is subject

                 to a fine of up to $10,000 for a licensed

                 individual and $20,000 for a firm for each

                 specific charge.  If the professional

                 misconduct involves fraud, deceit, or other

                 charges as stipulated in the legislation, the

                 fines are up to $50,000 for a licensed

                 individual and $250,000 for each firm.

                            It is important for you as members

                 to understand that this legislation was

                 developed as we do with each and every

                 professional licensure or scope of practice

                 legislation, that we have the stakeholders

                 come to the table.  The Society of Public

                 Accountants, the nonpublic accountants, the

                 Big Four, and the State Education Department,

                 sat down in eight to nine meetings this year

                 to develop this legislation.

                            Madam President, that's my

                 explanation.  And I'm available for any

                 inquiries.

                            THE PRESIDENT:    Senator Stavisky.



                                                        4883



                            SENATOR STAVISKY:    Madam

                 President, I do have a couple of questions.

                 But before I ask them, I do commend Senator

                 LaValle for a very comprehensive and I think a

                 very well-thought-out bill.

                            A couple of questions.  And I don't

                 mean to nitpick, because in my opinion this

                 bill is good one, and I intend to vote for it.

                 But there are a couple of points that I think

                 ought to be clarified.

                            First, the mandatory peer review

                 aspect.  When we've had peer review, I'm not

                 so sure it's always been successful.  For

                 example, I've seen bad experiences with the

                 Office of Professional Medical Conduct where

                 there is very little peer review.

                            It's sort of like in the City of

                 New York, we have agencies making

                 self-determining -- self -- investigating --

                 certifying themselves.  In other words, if you

                 file something before the city agency and you

                 attest to it, it doesn't always work out for

                 the public good.

                            And my question is if the peer

                 review determines that a criminal activity



                                                        4884



                 exists, will they be reporting it to the law

                 enforcement officials?

                            SENATOR LaVALLE:    Yes.  In the

                 bill, line 53, page 12, it says "The results

                 of peer review shall be filed with the

                 department.  Failure to participate in the

                 peer review shall constituent immediate

                 grounds for disciplinary action against the

                 firm or revocation of the registration of the

                 firm."

                            SENATOR STAVISKY:    But my

                 question is --

                            SENATOR LaVALLE:    So the

                 department, Senator -- in my remarks, I talked

                 twofold.  Number one, the department is

                 involved in ensuring that the quality of the

                 individuals doing the peer review meet the

                 highest standards.  So the department is

                 involved.

                            The results then go to the

                 department for disciplinary action.

                            SENATOR STAVISKY:    But by

                 "department" we mean the State Education

                 Department.

                            And I'm referring to the Attorney



                                                        4885



                 General, for criminal prosecution if criminal

                 activity is discovered.

                            SENATOR LaVALLE:    Yes.  Senator,

                 that's a good point.  The department can

                 always and can here make a referral to the

                 Attorney General.

                            SENATOR STAVISKY:    Thank you,

                 Senator.

                            If you will yield for another

                 question.

                            SENATOR LaVALLE:    Yes.

                            THE PRESIDENT:    The Senator

                 yields.  You may proceed.

                            SENATOR STAVISKY:    You talk in

                 the bill about out-of-state licensed CPAs

                 where they obtain a series of temporary

                 licenses to work -- to practice their

                 profession in the State of New York.  This

                 could be a continuing process where they are

                 not certified in New York but they just

                 continue with a series of temporary licensure

                 requests.

                            SENATOR LaVALLE:    Senator, yes,

                 we do allow for temporary permits.  And they

                 are for -- in line 30 on page 7, "Applications



                                                        4886



                 for temporary practice permits shall be

                 processed by the department within 30 days."

                            And it's not for longer than 60

                 days.  So it could be extended for another 60

                 days.

                            SENATOR STAVISKY:    Thank you.

                            And my last question concerns the

                 federal legislation, the Sarbanes-Oxley Act of

                 a couple of years ago.  How does it dovetail?

                            SENATOR LaVALLE:    Senator, I'm

                 glad you mentioned that.  I wanted to mention

                 this in my remarks.

                            One of the -- and we talked about

                 this at the hearings, as you know --

                            SENATOR STAVISKY:    That's why I

                 asked the question.

                            SENATOR LaVALLE:    -- that the

                 state legislation was to understand that there

                 would be federal legislation, Sarbanes-Oxley,

                 and that we would integrate in a way that

                 would be user-friendly to the profession.  And

                 we believe we have done that.  We have done

                 that.

                            And quite honestly, the Big Four

                 that practices across the country, this was a



                                                        4887



                 major concern of theirs.  And we gave them a

                 commitment that we would do the best we could

                 not to just heap more and more requirements

                 that did not make any sense, that could not be

                 justified as an integration into

                 Sarbanes-Oxley.  And I believe we've done

                 that.

                            SENATOR STAVISKY:    I do too.

                            And on the bill.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR STAVISKY:    I think this

                 is a very good piece of legislation.  With the

                 exception of my skepticism concerning the

                 mandatory peer review, I think it's an

                 excellent bill.  And I would hope that in the

                 coming year that it continue with the other

                 side of this building and that we do have a

                 chapter next year.

                            Thank you.

                            THE PRESIDENT:    Does any other

                 member wish to be heard?

                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 13.  This



                                                        4888



                 act shall take effect on the 180th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    If we can go

                 back and do Senator Golden's bill, Calendar

                 Number 549, at this time.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 549, by Member of the Assembly Abbate,

                 Assembly Print Number 5790, an act to amend

                 the Civil Service Law.

                            SENATOR HASSELL-THOMPSON:

                 Explanation.

                            THE PRESIDENT:    Senator Golden,

                 an explanation has been requested.

                            SENATOR GOLDEN:    Thank you, Madam

                 President.

                            This legislation would grant

                 additional credit on competitive examinations

                 to siblings of firefighters and police



                                                        4889



                 officers killed in the line of duty as a

                 result of the attack on 9/11/01.  Such credit

                 shall be applied after the applicant has

                 qualified in a competitive, and the sibling

                 must serve in the same municipality in which

                 his or her sibling served.

                            The bill adds a new section, 85-B,

                 to the Civil Service Law, that ten points are

                 given to the surviving sibling only after he

                 or she has passed a competitive examination.

                            We have a same-as in the Assembly,

                 and the bill is supported by the New York

                 Association of PBAs, Brian McLaughlin,

                 Assemblyman Brian McLaughlin, and the

                 Patrolmen's Benevolent Association.

                            THE PRESIDENT:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Yes.

                 I'm not really sure whether I want to ask the

                 sponsor any questions.  I think we wrestled a

                 little bit with this one in committee, so I

                 will let him off the hook with questions.

                            But I would like to make some

                 comments on the bill, Madam President.

                            THE PRESIDENT:    You may proceed.



                                                        4890



                            SENATOR HASSELL-THOMPSON:    When

                 we do legislation, many times we have to be

                 very careful how we tread because we don't

                 want to offend or appear to offend or to be

                 insensitive to the needs of people.

                            I have not gotten a clear sense

                 from the sponsor of this bill as to why the

                 advantage to siblings.  I certainly understand

                 children.  I certainly understand parents of

                 victims of 9/11.  But I have yet to be able to

                 clearly understand -- when we first talked

                 about this bill I said that if in fact those

                 who were killed on 9/11 had dependent

                 siblings, I could understand any advantages

                 and supports that we would give to this

                 criteria.

                            But I have to continue to say to

                 you and to this body that there is no

                 sensibilities to me in extending additional

                 credits to siblings of persons unless those

                 siblings had as dependents those persons that

                 were killed in 9/11.

                            So I will be voting no.

                            THE PRESIDENT:    Senator Padavan.

                            SENATOR PADAVAN:    Let me share



                                                        4891



                 with you the story of Robert Cawley.  He lives

                 in my district in Flushing.  His brother

                 Michael was a hero on 9/11.  He rushed into

                 the towers, saved a lot of lives, but

                 unfortunately didn't get out in time.

                            Their father is a retired

                 firefighter.  The sibling that we're referring

                 to that would be covered by this bill

                 desperately wants to follow in the footprints

                 of his brother and his father.

                            I can think of no better motivation

                 to have that young man as a firefighter in the

                 City of New York.  I've met him.  I was with

                 him and his family when we named a street

                 after his brother.  That young man gets on the

                 force, there's no question about his

                 dedication and motivation.  That's the type of

                 person we want.

                            Now, there's precedent for this.

                 We give preferential treatment on civil

                 service lists to veterans, young men or women

                 who have been on active duty, as a

                 compensation for their service.

                            So when you ask the question what

                 is the reason for this, why do we want to do



                                                        4892



                 something like this, I just share with you the

                 story of Robert and Michael Cawley.

                            THE PRESIDENT:    Does any other

                 member wish to be heard?

                            Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  If the sponsor would yield.

                            THE PRESIDENT:    Does the sponsor

                 yield?

                            SENATOR GOLDEN:    I do.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I'm just curious, would you agree

                 that Senator Padavan's response is a

                 precedent; that is, the case of the person who

                 had active duty getting advantage in a civil

                 service exam?  But this is simply a family

                 member of.

                            So I'm wondering whether, when you

                 were sponsoring this bill, you were using that

                 or other precedents or whether there are other

                 precedents for the sister or brother of

                 someone who had an affiliation with a

                 government agency getting precedence in taking



                                                        4893



                 exams -- excuse me, getting advantage in

                 taking exams.

                            SENATOR GOLDEN:    Are there other

                 preferences in the City of New York for taking

                 tests?

                            SENATOR LIZ KRUEGER:    For

                 siblings of others who worked for the City of

                 New York.

                            SENATOR GOLDEN:    No.  But we do

                 entice and we've done in past legislation in

                 allowing 5 points for those that live within

                 the City of New York.

                            We have done different preferences

                 over the years so that we could encourage

                 certain employment that would benefit those

                 that lived within the City of New York that

                 they would work in the City of New York.

                            So, yes, there is preference out

                 there.  He's pointed out, my colleague, how

                 the veterans, how we have credits for them.

                 If you're a Purple Heart, recipient of the

                 Purple Heart, that your son and family are

                 automatically accepted into the services and

                 into their schools.

                            So there is a whole criteria that



                                                        4894



                 has been around for years in the city, state

                 of New York, and in this country.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Madam President, on the bill.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I appreciate the sponsor's

                 comments, and also my colleague Senator

                 Hassell-Thompson's comments on this bill.

                            I do think there are precedents for

                 giving extra points in civil service for

                 people for different reasons.  I appreciate

                 your mentioning people who live in the City of

                 New York getting preference on civil service

                 exams.  I think that in a perfect world we

                 would ensure that new people coming in to work

                 for the City of New York did live in the City

                 of New York, and that would be a win for our

                 city overall.

                            I also understand giving preference

                 to people who have been in the military -- and

                 you mentioned the Purple Heart -- because in

                 fact they are people who have made a direct

                 sacrifice and contribution to our country



                                                        4895



                 through their participation in our military,

                 and to some degree it's a natural training

                 match to go from protection of people in the

                 military to protection of people through our

                 fire department and our police department.

                            But I also know that we have a high

                 priority -- and we should in the City of

                 New York -- to ensure that we are diversifying

                 our police and fire departments, ensuring that

                 in fact it is not just as has historically

                 been the case too often, the family members of

                 people who already worked in police and fire

                 who are the people who continue to work in

                 police and fire.

                            I completely respect the example

                 given by Senator Padavan.  A young man who

                 lost two people in the World Trade Center, his

                 father and his brother, and who still wants to

                 be a member of the New York Fire Department,

                 should be given accolades, and I would imagine

                 will be able to be brought in and pass the

                 test, I hope.

                            But I believe that in the bigger

                 picture for public policy, for priorities for

                 the City of New York, for the importance of



                                                        4896



                 expanding and diversifying the police and fire

                 department, that it is a precedent we don't

                 want to set that because you are the relative

                 of someone who lost their life while working

                 for the City of New York that that somehow

                 gives you priority in taking an exam or

                 passing an exam.

                            If we were discussing death

                 benefits for someone, we have seen expanding

                 eligibility for family members who of course

                 were harmed and traumatized by the loss of

                 life at the World Trade Center on

                 September 11th.

                            But I think that we really don't

                 want to open up this precedent.  And I think

                 it would be a new precedent for brothers and

                 sisters of people who worked for the City of

                 New York and lost their life working for the

                 City of New York having some priority to

                 become employees.

                            So I will be voting against this

                 bill, while I certainly recognize and respect

                 the examples given in Senator Padavan's point

                 about the gentleman who lives in his own

                 district.



                                                        4897



                            Thank you, Madam President.

                            SENATOR GOLDEN:    On the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Golden.

                            SENATOR GOLDEN:    Thank you, Mr.

                 President.

                            I rise because of situations that

                 are going on across the City of New York,

                 young family members trying, attempting to

                 become like their fathers, like their

                 brothers, like their sisters that were killed

                 on 9/11.  I have Chief Ritchie's -- his son,

                 who was killed, and yet his other son wants to

                 go on and be just like his father and his

                 brother.

                            And we should allow that credit to

                 take place.  And the reason we should is

                 because 9/11 was no normal fire, 9/11 was no

                 normal shootout with a police officer.  9/11

                 was an act of aggression, it was an attack

                 against this nation, it was an attack against

                 the City of New York and the people that died

                 in that were victims in a war, a war against

                 this country.  And they deserve that extra

                 credit.



                                                        4898



                            And I'm proud to have been able to

                 sponsor this bill, and I'm proud of those that

                 vote with this bill, because it's sending the

                 right message.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the bill?

                            Debate is closed, then.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 Hassell-Thompson, to explain her vote.

                            SENATOR HASSELL-THOMPSON:    To

                 explain my vote.

                            Mr. President, I can appreciate the

                 story that we've heard from Senator Padavan.

                 And I can share a story with Senator Padavan

                 and with this chamber that would equal that

                 and greater.

                            One of the first acts that I did

                 when I became senator was to write a letter as



                                                        4899



                 an affidavit for a young man who had just

                 wanted, his whole life, since he was a young

                 boy, to become a firefighter in the City of

                 New York.  And I wrote that letter for him,

                 and it gave him the two points that he needed

                 extra to verify that he lived in the Bronx.

                            He was a rookie, and he was one of

                 the rookies that was killed that day on 9/11.

                 So I understand about giving priorities.

                            But when I say to you that I have

                 difficulty extending this to siblings, I would

                 hope that the heroism with which the brother

                 died and the father served would be incentive

                 that would help any young man or young woman

                 want to join the fire department in the city

                 of New York or anywhere in the state of

                 New York.  And I would want that whatever

                 advantage and opportunities that we could give

                 would be available to them.

                            But to legislate it and to give

                 priorities to siblings when we are struggling

                 to create diversity is giving an affirmative

                 action -- we're in a time when affirmative

                 action is dying.  And so I am -- I will

                 continue to vote no, and I will say prayers,



                                                        4900



                 and continue, for those who are victims of

                 9/11.  But I cannot allow us to be sidetracked

                 by the fact that we still have everyday wars

                 going on in our communities and the war for

                 equality is not dead.

                            ACTING PRESIDENT MEIER:    Senator

                 Hassell-Thompson will be recorded in the

                 negative.

                            Announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 549 are

                 Senators Hassell-Thompson, L. Krueger, and

                 M. Smith.  Ayes, 57.  Nays, 3.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Thank you,

                 Mr. President.  I believe you have five bills

                 at the desk that were previously high that we

                 now have messages for.  Could we have the

                 entire list read and then read them in order.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the bills which were

                 previously high, in order.

                            THE SECRETARY:    Calendar Number



                                                        4901



                 743, by Senator Maltese, Senate Print 3274B,

                 an act to amend the Education Law.

                            SENATOR MALCOLM SMITH:

                 Explanation.

                            ACTING PRESIDENT MEIER:    We'll

                 get the bill on the floor first.

                            SENATOR MARCELLINO:    Is there a

                 message of necessity at the desk, Mr.

                 President?

                            ACTING PRESIDENT MEIER:    Yes,

                 there's a message at the desk, Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Move to

                 accept the message.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            Senator Maltese, Senator Malcolm



                                                        4902



                 Smith has requested an explanation.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Mr.

                 President, my intent was that we read the

                 entire list for everybody to understand it and

                 then proceed through a regular reading.  Just

                 to let everybody know the numbers.

                            ACTING PRESIDENT MEIER:    The bill

                 is laid aside.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 1480, by Senator Leibell, Senate Print 5493A,

                 an act to amend the Public Authorities Law.

                            SENATOR MARCELLINO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT MEIER:    There is

                 a message of necessity at the desk.

                            SENATOR MARCELLINO:    Move to

                 accept the message.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those



                                                        4903



                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            The bill is laid aside.

                            THE SECRETARY:    Calendar Number

                 1489, by Senator Volker, Senate Print 5581, an

                 act to amend the Estates, Powers and Trusts

                 Law.

                            SENATOR MARCELLINO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT MEIER:    There

                 is.

                            SENATOR MARCELLINO:    Move to

                 accept.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.



                                                        4904



                            The bill is before the house.

                            The bill is laid aside.

                            THE SECRETARY:    Calendar Number

                 1537, by Senator Little, Senate Print 5635, an

                 act to amend the Environmental Conservation

                 Law.

                            SENATOR MARCELLINO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT MEIER:    There

                 is.

                            SENATOR MARCELLINO:    Move to

                 accept.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            The bill is laid aside.

                            THE SECRETARY:    Calendar Number

                 1541, by Senator Marchi, Senate Print 5650, an



                                                        4905



                 act to amend the Private Housing Finance Law.

                            SENATOR MARCELLINO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT MEIER:    There is

                 a message.

                            SENATOR MARCELLINO:    Move to

                 accept.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            The bill is laid aside.

                            Senator Saland.

                            SENATOR SALAND:    Mr. President, I

                 would request unanimous consent to be recorded

                 in the negative on Calendar 694, Senate 3904.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Saland will be recorded in

                 the negative on Calendar 694.



                                                        4906



                            Senator Maziarz.

                            SENATOR MAZIARZ:    Thank you very

                 much, Mr. President.  Without objection, I'd

                 also like unanimous consent to be recorded in

                 the negative on Calendar Number 1494, Senate

                 Print 5606.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Maziarz will be recorded in

                 the negative on Calendar 1494.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Mr.

                 President, can we take those five bills and

                 read them in order.

                            ACTING PRESIDENT MEIER:    All

                 right.  The Secretary will take the five bills

                 for which messages of necessity were just

                 accepted and read them in order.

                            THE SECRETARY:    Calendar Number

                 743, by Senator Maltese, Senate Print 3274B,

                 an act to amend the Education Law.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Maltese, Senator Liz Krueger has requested an

                 explanation.



                                                        4907



                            SENATOR MALTESE:    Yes, Mr.

                 President.

                            This bill is an amendment to the

                 Education Law in relation to the treatment

                 record of animals.  It has been requested by

                 the New York State Veterinary Medical Society

                 and is enthusiastically supported by that

                 society.

                            Basically, this would permit the

                 disclosure of treatment records by vets to law

                 enforcement officials.  It specifies exactly

                 which law enforcement officials and, in

                 addition, specifically sets out the rationale.

                            When the veterinarian reasonably

                 and in good faith suspects that an animal's

                 injury, illness, or condition is the result of

                 animal cruelty; where the veterinarian

                 reasonably believes that disclosure of records

                 is necessary to protect the health or welfare

                 of an animal or the public; or where the vet

                 reasonably and in good faith reports -- or,

                 no, a veterinarian who reasonably and in good

                 faith reports or discloses records to those

                 law enforcement authorities in accordance with

                 these provisions shall be completely immune



                                                        4908



                 from civil or criminal liability.

                            Previously there was a memorandum

                 in opposition by the Farm Bureau.  That

                 memorandum has been withdrawn, and the

                 New York Farm Bureau no longer takes a "no"

                 position.

                            Their memo reads:  "New York's Farm

                 Bureau over 34,000-member family respectfully

                 offers no position on the above-referenced

                 legislation.  The newly amended version of the

                 bill has addressed all of the core concerns

                 expressed by the New York Farm Bureau.  Our

                 prior concerns with the bill have been

                 extinguished in the recent amendments.  New

                 York Farm Bureau appreciates the sponsor's

                 recognition of our concerns and is no longer

                 taking a position on the legislation."

                            We met, and we worked out

                 amendments that responded to their concerns.

                 This bill now only concerns companion animals.

                 And it is enthusiastically supported by SPCA

                 and, as I mentioned before, the New York

                 Veterinary Medical Society.

                            ACTING PRESIDENT MEIER:    Senator

                 Liz Krueger.



                                                        4909



                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  I'll just speak on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Liz Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I appreciate Senator Maltese's

                 explanation and the changes that were made and

                 am strongly in support of your bill, Senator

                 Maltese.

                            But I would be guilty if I didn't

                 point out that here we are on the last day of

                 session, we are going to pass this bill, I am

                 sure, and I am glad we are, but we are

                 still -- and this is a bill to protect

                 companion animals, to assure that someone who

                 is aware of abuse of a companion animal can

                 report that information to the proper

                 officials.

                            And yet I fear we will end the

                 session today having not come to conclusion of

                 our clergy reporting bill, which would require

                 protection of children and the reporting of

                 abuse of children to the proper authorities.

                            So I just wanted to raise a

                 question for all of us to think about in our



                                                        4910



                 last few hours.  We should not be going home

                 tonight, if we are going home tonight, without

                 completing our work on the clergy reporting

                 bill to protect our children if we are

                 prepared to move forward with a bill, as we

                 should, to protect animals.

                            Thank you very much, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Maltese.

                            SENATOR MALTESE:    Mr. President,

                 I think I realize the purpose of my good

                 colleague's statement.  At the same time, I

                 think it's unfortunate that it be said at the

                 time of the consideration of this bill.

                            The Veterinary Medical Society has

                 pointed out an interesting fact that I think

                 is substantiated not only by my years in law

                 enforcement but by many, many other law

                 enforcement authorities.  And in their

                 memorandum, they say "Animal abuse is a

                 heinous offense by itself.  Unfortunately,

                 there is a clear and undisputed nexus between

                 animal abuse and subsequent domestic

                 violence."

                            They feel that enactment of this



                                                        4911



                 legislation will therefore prove to be an

                 essential tool in addressing future acts of

                 violence, whether directed against animals or

                 humans.

                            And I think that is something that

                 is well substantiated and something that we

                 should keep in mind.  The same heinous

                 individuals who perform acts of cruelty and

                 abuse to animals in many cases do exactly the

                 same thing and even more terrible things to

                 human beings.  It indicates a predisposition,

                 I believe, of cruelty and abuse.

                            And where veterinarians in this

                 case would be able to report their concerns to

                 the proper authorities, I think it serves a

                 dual purpose.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill



                                                        4912



                 is passed.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Thank you,

                 Mr. President.  There will be an immediate

                 meeting of the Judiciary Committee in the

                 Majority Conference Room, 332.

                            ACTING PRESIDENT MEIER:

                 Immediate meeting of the Judiciary Committee

                 in the Majority Conference Room.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Mr.

                 President, can we return to the order of

                 motions and resolutions.

                            I believe there's a privileged

                 resolution by Senator Bruno at the desk.  We'd

                 like that resolution read in its entirety and

                 move for its immediate adoption.

                            ACTING PRESIDENT MEIER:    Motions

                 and resolutions.

                            The Secretary will read the

                 privileged resolution in its entirety.

                            THE SECRETARY:    By Senator Bruno,

                 Legislative Resolution Number 2397 celebrating

                 the 30th Anniversary of the Legislative

                 Messenger Service.



                                                        4913



                            "WHEREAS, It is the sense of this

                 Legislative Body that the quality and

                 character of life in this great Empire State

                 is greatly enriched by the faithful and

                 diligent work of those organizations which

                 serve to meet the special needs of the

                 community and its citizenry, and expand the

                 array of available life choices; and

                            "WHEREAS, Attendant to such

                 concern, and in full accord with its

                 long-standing traditions, this Legislative

                 Body is justly proud to celebrate the 30th

                 Anniversary of the Legislative Messenger

                 Service; and

                            "WHEREAS, The Legislative Messenger

                 Service provides a communications network

                 throughout the Empire State Plaza and

                 neighboring state buildings for Senate and

                 Assembly legislators and their staffs; and

                            "WHEREAS, The service employs and

                 trains disabled individuals as office

                 personnel and messengers, and is located in

                 the Legislative Office Building; and

                            "WHEREAS, The New York State

                 Legislature is proud to be one of the first



                                                        4914



                 state employers to hire persons with

                 disabilities.  The first legislative messenger

                 was hired in 1973; and

                            "WHEREAS, Since then, the service

                 has grown to include a director, assistant

                 director, and 29 messengers and

                 message-coordinators; and

                            "WHEREAS, The Legislative Messenger

                 Service was officially created on January 1,

                 1989, with the merger of the Assembly and

                 Senate Messenger Services.  However, its

                 predecessor, the Senate Messenger Service, had

                 been founded in 1973 by Senator William T.

                 Conklin, with the assistance of Louis Russo,

                 who was the first director; and

                            "WHEREAS, The Assembly Messenger

                 Service started in 1977.  Prior to the

                 official merger in 1989, the two houses shared

                 their respective messenger services.  Lou

                 Russo of the Senate served as director of the

                 messenger services beginning in 1973.  David

                 Edyvean of the Assembly served as assistant

                 director beginning in 1977.  Mr. Edyvean then

                 became director upon Mr. Russo's retirement in

                 1986.  Assistant directors under Mr. Edyvean



                                                        4915



                 were Gerald Gravelle from 1986 to 1994, and

                 Beth Bonesteel, current assistant director,

                 beginning in 1999.  Mr. Edyvean retired in

                 2002 and was replaced by the current director,

                 Kevin Kather; and

                            "WHEREAS, The Legislative Messenger

                 Service plays a very important part in

                 expediting the work of the New York State

                 Legislature.  On October 20, 1991, the service

                 made its 100,000th delivery; and

                            "WHEREAS, The dedicated members of

                 the Legislative Messenger Service can be

                 relied on to provide swift and dependable

                 service; and

                            "WHEREAS, Of the 29 members, six

                 have at least 10 years of service, four have

                 at least 15 years of service, seven had at

                 least 20 years of service, six have at least

                 25 years of service, and three -- Richard E.

                 McDonald, Robert J. Pollock, and Francis W.

                 Rotundo -- have been employed by the

                 Legislative Messenger Service since 'day one'

                 and have 30 years of impressive service; and

                            "WHEREAS, It is the sense of this

                 Legislative Body that those organizations



                                                        4916



                 which unselfishly devote their energy, talent

                 and thoughtful care on behalf of improving the

                 quality and dignity of life in the community

                 are worthy and due full praise and recognition

                 for their noble and dedicated efforts; now,

                 therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to celebrate

                 the 30th Anniversary of the Legislative

                 Messenger Service; and be it further

                            "RESOLVED, That a copy of this

                 resolution, suitably engrossed, be transmitted

                 to the Legislative Messenger Service."

                            ACTING PRESIDENT MEIER:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Thank you,

                 Mr. President.

                            On behalf of Senator Bruno, who as

                 we all know is involved in negotiations --

                 otherwise, I'm sure he would be here to say

                 these words -- I just wish to thank the people

                 who serve as our messengers, the people who to

                 some extent are taken for granted because of

                 the work they do.

                            It's so important.  We could not



                                                        4917



                 function as a body -- I know my office

                 couldn't function, and I doubt if anybody else

                 could work without the help of the messengers,

                 who do a job that is an absolute necessity.

                 They do with it pride, they do it well, and

                 they're a credit to the State of New York and

                 are a credit to this house, are a credit to

                 the Legislature.

                            I do thank you, ladies and

                 gentlemen, for the work you do.  And I wish

                 you Godspeed and continued good efforts,

                 because we need you, we love you, and we care

                 for you.  And I wish you Godspeed and good

                 luck.

                            Thank you, Mr. President.

                            (Standing ovation.)

                            ACTING PRESIDENT MEIER:    Senator

                 Hoffmann.

                            SENATOR HOFFMANN:    Yes, it's a

                 great pleasure for us to be able to thank the

                 messengers for all of their hard work on a day

                 like this.

                            And I am reminded of all the times

                 when we are faced with many stressful

                 activities and we're rushing from meeting to



                                                        4918



                 meeting and trying so hard to manage all of

                 our responsibilities as legislators, and then

                 we run across the messengers.

                            And they never fail to show, in

                 their high level of professionalism, that

                 extra bit of kindness.  They say hello, they

                 ask how our days are going, they greet us as

                 friends, as associates.  And they show a level

                 of pride not only in their jobs but in our

                 jobs as well.  And they give us that little

                 lift that helps us remember that we're all

                 here to serve the public.

                            And so I'm happy to add my voice to

                 my many colleagues who I know would like to

                 express their warm and deep appreciation, not

                 only for the service provided by the

                 messengers but for the great example they set

                 for all of us as we do our jobs.

                            Thank you.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Yes, I

                 thank you, Mr. President.  I too would like to

                 add my congratulations.



                                                        4919



                            You know, many mornings we come in

                 and this is a hard job and some days we're not

                 really feeling up to it.  But it is so

                 pleasant because so many of the messengers I

                 meet in the elevator and they say, "Oh, you

                 look nice today," or "Good morning," and they

                 are my first smile of the day.

                            And so for that, I appreciate all

                 of you so very much for the way in which you

                 serve us so very well.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Just to echo what has been said

                 before, when I was here on staff, the

                 messengers helped me a lot.  When I got here

                 as a Senator, the messengers helped me a lot.

                 In both houses, in both parties, this is truly

                 one of the absolutely superbly functioning,

                 truly bipartisan aspects of life here in a

                 Capitol that has far too few of those

                 elements.

                            So thank you, Nadine, everyone else

                 who has worked with me for so many years.  And



                                                        4920



                 I know we'll be working together a lot.  And

                 if all the rest of us could emulate the

                 messengers a little more, we might actually

                 have a better government in this state.

                            So thank you again.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    In case

                 the members haven't noted, our messengers are

                 in the gallery.  And as you can all hear --

                            (Applause.)

                            ACTING PRESIDENT MEIER:    As you

                 can all hear, you have the respect, the

                 gratitude, and the affection of each and every

                 member of the Senate.  God bless you.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    The

                 question then is on the resolution.  All those

                 in favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 resolution is unanimously adopted.

                            Senator Marcellino.



                                                        4921



                            SENATOR MARCELLINO:    Mr.

                 President, could we return to the regular

                 calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1480, by Senator Leibell, Senate Print 5493A,

                 an act to amend the Public Authorities Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Leibell, an explanation has been requested.

                            SENATOR LEIBELL:    Thank you, Mr.

                 President.

                            This bill amends Section 1678 of

                 the Public Authorities Law, which will permit

                 the Dormitory Authority to form one or more

                 subsidiaries for a variety of purposes.

                            These purposes would include

                 bidding, taking, holding, selling, conveying,

                 assigning, or transferring title to property



                                                        4922



                 held by the authority, entering into leases,

                 subleases, operating agreements, security

                 agreements, loan agreements, or other

                 encumbrances, and assuming or incurring any

                 indebtedness or other liabilities secured by

                 such property.

                            And also, after such subsidiary has

                 taken title to such property, acting in a

                 manner consistent with some or all of the

                 rights, obligations or responsibilities of the

                 prior owner of such property.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If, through you, the sponsor

                 would yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Leibell, do you yield for a question?

                            SENATOR LEIBELL:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            So when I was reading the bill and

                 then reading the memo, it seemed clear to me

                 that this is intended by the Dormitory



                                                        4923



                 Authority, yet another off-budget authority,

                 to protect itself from liability by creating

                 subsidiaries.

                            So in a scenario where it invests

                 in or it bonds out money for a facility, which

                 is the role of the Dormitory Authority, the

                 facility defaults on its bonds and the state

                 has to in fact take possession of such

                 facility.  But rather than the Dormitory

                 Authority taking ownership of such facility,

                 it would be a subsidiary.  And the memo

                 specifically talks about protecting the state

                 from liability.

                            So my question is, if this was a

                 private company who had made an investment,

                 the investment, so to speak, went bad, it had

                 to become more hands-on, perhaps, by taking

                 over the facility, perhaps in an exactly

                 parallel situation to the Dormitory Authority,

                 would we as the government want them to be

                 able to use subsidiaries to exempt themselves

                 from liability?

                            So again, my concern is the parity.

                 Should government be allowed to exempt

                 ourselves from future liability when we make



                                                        4924



                 investment decisions if we wouldn't recognize

                 the right of a private company to figure out

                 how to remove itself from liability through

                 the use of subsidiaries?

                            SENATOR LEIBELL:    Well, Senator,

                 I think that probably you're asking a question

                 that maybe goes right to the essence of why we

                 have authorities.

                            They are not something that is in

                 the private sector.  They are meant to perform

                 a particular task that's important to us as a

                 state, as a society, and is less attractive,

                 possibly, for the private sector to do -- for

                 a variety of reasons, including management,

                 financial reasons.

                            And in this particular case -- and

                 I've met with the Dormitory Authority over a

                 period of some time now -- they were

                 addressing one particular case, which happened

                 to be a hospital in Westchester County.  But

                 this is legislation that can be used in other

                 cases.

                            It does take an asset that is less

                 attractive, but that by putting money into it

                 they will be able to refurbish it, they will



                                                        4925



                 have a revenue stream, and that revenue stream

                 will be able to pay for the tax-exempt bonds

                 that will be issued.

                            It's probably not comparable to

                 anything you would see readily out there in

                 the private sector, but still it's viewed by

                 the Dormitory Authority, after they go through

                 their various checkoffs as to what's potential

                 in its long-range viability.  And it's another

                 method for keeping an important institution or

                 institutions alive.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Mr. President, if, through you, the

                 sponsor would continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Leibell, do you continue to yield?

                            SENATOR LEIBELL:    Yes, I do.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                 I so appreciate your explanation.

                            And I do agree with you that one of

                 the reasons for the Dormitory Authority is

                 because the State of New York believes it is a

                 good use of our function as a government to be



                                                        4926



                 able to make loans for community facilities

                 that might not otherwise be built or continue

                 to be there for the benefit of the public.

                            And that in fact the Dormitory

                 Authority conceivably does sometimes take a

                 higher risk than the market would in the

                 investments that it makes.  Again, in the

                 belief that that's good policy for us in the

                 State of New York.

                            And that in fact if you take higher

                 risks, you might in fact end up in a situation

                 where something goes wrong and the entity is

                 not capable of paying you back.

                            And I would agree with your example

                 that by and large, in most cases, if a

                 hospital was going to be lost to a community

                 because they defaulted on their bonds to us,

                 that we would want to move forward to try to

                 help ensure the continuation of that

                 institution and, in your example, the

                 betterment of that institution.

                            My concern, though, again still

                 falls on that liability question.  If I am a

                 citizen who ends up being wronged by that

                 institution in some way, even



                                                        4927



                 unintentionally -- and a hospital is an

                 interesting example, because we know of course

                 of the issues of liability in hospitals, and

                 mistakes -- are we doing a disservice,

                 conceivably, to the public or individuals who

                 might not have the same legal protections

                 through our court system because we use

                 subsidiaries to separate ourselves -- in this

                 case, the State of New York -- from what would

                 become our obligations to the public because

                 we were investors and participants or, in this

                 scenario, perhaps the owner/operators of an

                 institution?

                            So I'm concerned about the balance

                 between the public good in the purpose of the

                 Dormitory Authority and the public good of are

                 we trying to actually avoid liability that

                 should rightly be ours if we are the

                 owner/operator.

                            SENATOR LEIBELL:    The Dormitory

                 Authority or the subsidiary's liability would

                 be on the bonds themselves, not on a

                 slip-and-fall that occurs at the hospital or a

                 potential malpractice.

                            There should be -- I'm sure the



                                                        4928



                 Dormitory Authority would insist upon this --

                 there should be the normal types of insurance

                 available to them that would protect anybody

                 who is injured.  So that wouldn't necessarily

                 be something that should affect these.

                            But with respect to the risk of

                 those who invest in it, I would anticipate

                 that because it's possibly a less attractive

                 investment, there will be a higher rate of

                 return for the investment.  Anybody who buys a

                 bond, I would anticipate it's like anything

                 else.  You can compare it to the private

                 sector; less attractive, they'll pay more.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if, through you, the sponsor would

                 yield to one more question.

                            ACTING PRESIDENT MEIER:    Senator

                 Leibell, do you yield for a question?

                            SENATOR LEIBELL:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator Leibell, again just for me

                 to perhaps satisfy myself on this, why would

                 we need a subsidiary corporation rather than



                                                        4929



                 it simply being the Dormitory Authority

                 itself?  What is an example of why there's an

                 advantage if it's not to avoid responsibility

                 in some scenario?

                            SENATOR LEIBELL:    To answer that,

                 I think we try and keep -- to make the

                 Dormitory Authority work, we try to keep it in

                 a situation where their interest rates would

                 be as attractive as possible.

                            To the extent they take on less

                 attractive risk or operations, it will affect

                 all their interest rates.

                            So this can have the benefit of

                 allowing investors to know that in a case like

                 this, it may in fact be a less attractive

                 investment, they'll get a higher return on

                 their dollar, but it doesn't spread across all

                 the other investments.

                            SENATOR LIZ KRUEGER:    Okay, thank

                 you.

                            Mr. President, briefly on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Liz Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I very much appreciate the



                                                        4930



                 Senator's explanation, and I think these are

                 complicated issues.  And I think the answers

                 that you gave are correct and are a legitimate

                 argument for the Dormitory Authority going

                 down this road.

                            But I still find myself in the

                 situation -- particularly with off-budget

                 public authorities, I'm not comfortable with

                 how we monitor and oversee them or their

                 finances or their decision-making or their

                 reporting now.

                            And the idea of now New York State

                 taking one more step of allowing subsidiary

                 corporations of off-budget corporations for

                 investment and liability purposes, I think we

                 are going beyond the scope of what government

                 intended or this Legislature intended when it

                 originally created authorities.

                            And that every time you make a new

                 layer of someone else's responsibility,

                 someone else's liability, no obligation to

                 report back to the Legislature and the people,

                 that you create one more potential open-risk

                 problem from a good government perspective and

                 a public accountability perspective.



                                                        4931



                            So while I don't have a specific

                 argument with any of the points you made or

                 the legitimacy in this example, I still would

                 argue it's not really in the best interests of

                 the people of New York State to now allow

                 subsidiary corporations of off-budget

                 corporations without a complete review of what

                 the functions of these authorities are in the

                 21st century, what the responsibilities and

                 accountability paths are, who's watching,

                 who's getting reports, and who's monitoring.

                            So I will vote no.  But I certainly

                 respect the bill and the argument.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 1.  Senator L. Krueger recorded in the

                 negative.

                            ACTING PRESIDENT MEIER:    The bill



                                                        4932



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1489, by Senator Volker, Senate Print 5581, an

                 act to amend the Estates, Powers and Trusts

                 Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1537, by Senator Little, Senate Print 5635, an

                 act to amend the Environmental Conservation

                 Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the same date and in

                 the same manner as a chapter of the Laws of

                 2003.



                                                        4933



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1541, by Senator Marchi, Senate Print 5650, an

                 act to amend the Private Housing Finance Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Mr.

                 President, would you call up Calendar 1295,

                 please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1295.



                                                        4934



                            THE SECRETARY:    Calendar Number

                 1295, by Senator Johnson, Senate Print 4883B,

                 an act to amend the Public Officers Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT MEIER:    There

                 is.

                            SENATOR MARCELLINO:    Move to

                 accept, please.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the



                                                        4935



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Can we move

                 now to Senate Supplemental Calendar 60A and

                 have the noncontroversial reading, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            SENATOR MARCELLINO:    Mr.

                 President, before we do that -- our mistake --

                 can we have the report of the Rules Committee

                 read, please.

                            ACTING PRESIDENT MEIER:    Reports

                 of standing committees.

                            The Secretary will read the report

                 of the Rules Committee.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 538A, by Senator

                 Larkin, an act to amend the Social Services



                                                        4936



                 Law;

                            600A, by Senator Hannon, an act to

                 amend the General Business Law;

                            667A, by Senator Padavan, an act to

                 amend the Executive Law;

                            992A, by Senator Trunzo, an act to

                 amend the Real Property Tax Law;

                            1042B, by Senator Johnson, an act

                 to amend the Public Health Law;

                            2302, by Senator Bonacic, an act in

                 relation;

                            2472A, by Senator Padavan, an act

                 to amend the Vehicle and Traffic Law;

                            2515A, by Senator Spano, an act to

                 amend the Public Health Law;

                            2545, by the Senate Committee on

                 Rules, an act to amend the Criminal Procedure

                 Law;

                            2611, by Senator LaValle, an act to

                 authorize;

                            2635, by Senator Padavan, an act to

                 amend the Alcoholic Beverage Control Law;

                            3234, by Senator Robach, an act to

                 amend the Civil Service Law;

                            3373A, by Senator Golden, an act to



                                                        4937



                 amend the General Business Law;

                            4088, by Senator Robach, an act to

                 amend the Civil Service Law;

                            4179B, by Senator Golden, an act to

                 amend the Vehicle and Traffic Law;

                            4552, by Senator Morahan, an act to

                 amend the Election Law;

                            4634A, by Senator Fuschillo, an act

                 to amend the Vehicle and Traffic Law;

                            4702B, by Senator DeFrancisco, an

                 act to amend the General Obligations Law;

                            4829, by Senator Padavan, an act to

                 amend the Real Property Tax Law;

                            5020, by Senator Padavan, an act to

                 amend the Private Housing Finance Law;

                            5053, by Senator Velella, an act to

                 amend the Alcoholic Beverage Control Law;

                            5422A, by Senator Farley, an act to

                 amend the Banking Law;

                            5434, by Senator Robach, an act to

                 amend the Civil Service Law;

                            5485A, by the Senate Committee on

                 Rules, an act to amend the Tax Law;

                            5486A, by Senator Meier, an act to

                 amend the Parks, Recreation and Historic



                                                        4938



                 Preservation Law;

                            5570, by Senator Bonacic, an act to

                 amend the Insurance Law;

                            5571, by Senator Robach, an act to

                 amend the Correction Law;

                            5576, by Senator Padavan, an act to

                 amend the Private Housing Finance Law;

                            5595, by Senator Golden, an act to

                 amend the Criminal Procedure Law;

                            5605, by Senator Seward, an act to

                 amend the Correction Law;

                            5638, by Senator Libous, an act to

                 amend the Mental Hygiene Law;

                            5653, by Senator Hoffmann, an act

                 authorizing;

                            And Senate Print 5549, by Senator

                 Oppenheimer, an act to authorize.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.

                            SENATOR BALBONI:    Mr. President,

                 I move to accept the report of the Rules

                 Committee.

                            ACTING PRESIDENT MEIER:    All



                                                        4939



                 those in favor of accepting the report of the

                 Rules Committee signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 report of the Rules Committee is accepted.

                            Senator Balboni.

                            SENATOR BALBONI:    May we take up

                 that calendar now.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will do the noncontroversial reading

                 of Supplemental Calendar 60A.

                            THE SECRETARY:    In relation to

                 Calendar Number 1509, Senator Larkin moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 1038A and substitute it

                 for the identical Senate Bill Number 538A,

                 Third Reading Calendar 1509.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1509, by Member of the Assembly Jacobs,



                                                        4940



                 Assembly Print Number 1038A, an act to amend

                 the Social Services Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 1.  Senator Meier recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1520, by Senator Hannon, Senate Print 600A, an

                 act to amend the General Business Law, in

                 relation to protecting.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.



                                                        4941



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1544, by Senator Padavan, Senate Print 667A --

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1545, by Senator Trunzo, Senate Print 992A, an

                 act to amend the Real Property Tax Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.

                            SENATOR BALBONI:    Mr. President,

                 is there a message of necessity at the desk?

                            ACTING PRESIDENT MEIER:    There

                 is.

                            SENATOR BALBONI:    I move that we

                 accept the message.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.



                                                        4942



                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1546, by Senator Johnson, Senate Print 1042B,

                 an act to amend the Public Health Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect January 1, 2004.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill



                                                        4943



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1547, by Senator Bonacic, Senate Print 2302,

                 an act in relation to granting.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1548, by Senator Padavan, Senate Print 2472A,

                 an act to amend the Vehicle and Traffic Law

                 and the Administrative Code of the City of

                 New York.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.



                                                        4944



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.  Nays,

                 3.  Senators Fuschillo, Meier, and Nozzolio

                 recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1549, Senator Spano moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 1228 and substitute it

                 for the identical Senate Bill Number 2515A,

                 Third Reading Calendar 1549.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1549, by Member of the Assembly Brodsky,

                 Assembly Print Number 1228, an act to amend

                 the Public Health Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 30th day.



                                                        4945



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1550, by the Senate Committee on Rules, Senate

                 Print Number 2545, an act to amend the

                 Criminal Procedure Law and others.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1551, by Senator LaValle, Senate Print 2611,

                 an act to authorize payment.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.



                                                        4946



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1552, by Senator Padavan, Senate Print 2635,

                 an act to amend the Alcoholic Beverage Control

                 Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR BALBONI:    Mr. President,

                 would you please lay this bill aside.

                            ACTING PRESIDENT MEIER:    That

                 bill will be laid aside.

                            SENATOR BALBONI:    Thank you very

                 much.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read.

                            THE SECRETARY:    In relation to

                 Calendar Number 1553, Senator Robach moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 7865 and substitute it

                 for the identical Senate Bill Number 3234,

                 Third Reading Calendar 1553.

                            ACTING PRESIDENT MEIER:



                                                        4947



                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1553, by the Assembly Committee on Rules,

                 Assembly Print Number 7865, an act to amend

                 the Civil Service Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1554, by Senator Golden, Senate Print 3373A,

                 an act to amend General Business Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.



                                                        4948



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1555, Senator Robach moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 7192 and substitute it

                 for the identical Senate Bill Number 4088,

                 Third Reading Calendar 1555.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1555, by Member of the Assembly Abbate,

                 Assembly Print Number 7192, an act to amend

                 the Civil Service Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.  Nays,



                                                        4949



                 1.  Senator Seward recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1556, by Senator Golden, Senate Print 4179B,

                 an act to amend the Vehicle and Traffic Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.

                            SENATOR BALBONI:    Mr. President,

                 is there a message of necessity at the desk?

                            ACTING PRESIDENT MEIER:    There

                 is.

                            SENATOR BALBONI:    I would move

                 now to accept the message of necessity.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            Read the last section.



                                                        4950



                            THE SECRETARY:    Section 2.  This

                 act shall --

                            SENATOR LIZ KRUEGER:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1557, Senator Morahan moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 6435 and substitute it

                 for the identical Senate Bill Number 4552,

                 Third Reading Calendar 1557.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1557, by Member of the Assembly Galef,

                 Assembly Print Number 6435, an act to amend

                 the Election Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.



                                                        4951



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1558, Senator Fuschillo moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 4400A and substitute it

                 for the identical Senate Bill Number 4634A,

                 Third Reading Calendar 1558.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1558, by Member of the Assembly Ortiz,

                 Assembly Print Number 4400A, an act to amend

                 the Vehicle and Traffic Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.



                                                        4952



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1559, by Senator DeFrancisco, Senate Print

                 4702B, an act to amend the General Obligations

                 Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1560, Senator Padavan moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8179 and substitute it

                 for the identical Senate Bill Number 4829,

                 Third Reading Calendar 1560.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.



                                                        4953



                            THE SECRETARY:    Calendar Number

                 1560, by the Assembly Committee on Rules,

                 Assembly Print Number 8179, an act to amend

                 the Real Property Tax Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1561, Senator Padavan moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8617 and substitute it

                 for the identical Senate Bill Number 5020,

                 Third Reading Calendar 1561.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1561, by the Assembly Committee on Rules,



                                                        4954



                 Assembly Print Number 8617, an act to amend

                 the Private Housing Finance Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1562, by Senator Velella, Senate Print 5053,

                 an act to amend the Alcoholic Beverage Control

                 Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 30th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill



                                                        4955



                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1563, Senator Farley moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8889A and substitute it

                 for the identical Senate Bill Number 5422A,

                 Third Reading Calendar 1563.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1563, by the Assembly Committee on Rules,

                 Assembly Print Number 8889A, an act to amend

                 the Banking Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to



                                                        4956



                 Calendar Number 1564, Senator Robach moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8399 and substitute it

                 for the identical Senate Bill Number 5434,

                 Third Reading Calendar 1564.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1564, by the Assembly Committee on Rules,

                 Assembly Print Number 8399, an act to amend

                 the Civil Service Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1565, by the Senate Committee on Rules, Senate

                 Print Number 5485A, an act to amend the Tax



                                                        4957



                 Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1566, by Senator Meier, Senate Print 5486A --

                            SENATOR LIZ KRUEGER:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1568, Senator Robach moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 707A, and substitute it

                 for the identical Senate Bill Number 5571,

                 Third Reading Calendar 1568.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.



                                                        4958



                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1568, by Member of the Assembly M. Cohen,

                 Assembly Print Number 707A, an act to amend

                 the Correction Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1570, by Senator Golden, Senate Print 5595, an

                 act to amend the Criminal Procedure Law.

                            SENATOR LIZ KRUEGER:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to



                                                        4959



                 Calendar Number 1571, Senator Seward moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 7024 and substitute it

                 for the identical Senate Bill Number 5605,

                 Third Reading Calendar 1571.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1571, by Member of the Assembly Finch,

                 Assembly Print Number 7024, an act to amend

                 the Correction Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1572, by Senator Libous, Senate Print 5638, an

                 act to amend the Mental Hygiene Law and the



                                                        4960



                 Correction Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR LIZ KRUEGER:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            Senator Balboni, that completes the

                 noncontroversial reading of Supplemental

                 Calendar 60A.

                            SENATOR BALBONI:    Mr. President,

                 I would ask for unanimous consent to be

                 recorded in the negative on Calendar Number

                 1548, by Senator Padavan, please.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Balboni will be recorded in

                 the negative on Calendar 1548.

                            Senator Velella.

                            SENATOR VELELLA:    Mr. President,

                 I too would like to be recorded in the

                 negative on 1548, by Senator Padavan.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Velella will be recorded in

                 the negative on Calendar 1548.

                            Senator Duane.



                                                        4961



                            SENATOR DUANE:    Thank you, Mr.

                 President.  If I could have unanimous consent

                 to be recorded in the negative on Calendar

                 Number 1554.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Duane will be recorded in

                 the negative on Calendar 1554.

                            Senator Wright.

                            SENATOR WRIGHT:    Thank you, Mr.

                 President.  With unanimous consent I would

                 request to be recorded in the negative on

                 Calendar Number 1509.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Wright will be recorded in

                 the negative on Calendar 1509.

                            Senator Balboni.

                            SENATOR BALBONI:    Mr. President,

                 I would like to make an announcement that

                 there will be an immediate conference of the

                 Senate Majority in the Majority Conference

                 Room.

                            ACTING PRESIDENT MEIER:

                 Immediate conference of the Senate Majority in

                 the Majority Conference Room.

                            Senator Krueger.



                                                        4962



                            SENATOR LIZ KRUEGER:    Yes, I

                 would like to announce an immediate conference

                 in the Minority Conference Room of the

                 Minority.

                            ACTING PRESIDENT MEIER:

                 Immediate conference of the Minority in the

                 Minority Conference Room.

                            The Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 1:05 p.m.)

                            (Whereupon, the Senate reconvened

                 at 2:23 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Thank you, Mr.

                 President.  Can we please take up the

                 Supplemental Active List, noncontroversial

                 reading.

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan, just before we do that, Senator

                 Libous has asked permission to change a vote.

                 Can we take care of that first and then go to

                 the supplemental active list?

                            SENATOR MORAHAN:    Certainly, Mr.

                 President.



                                                        4963



                            ACTING PRESIDENT MEIER:    Senator

                 Libous.

                            SENATOR LIBOUS:    Thank you, Mr.

                 President.  Could I have unanimous consent to

                 be recorded in the negative on Calendar 1494

                 and 1548, please.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Libous will be recorded in

                 the negative on Calendar Numbers 1494 and also

                 1548.

                            Senator Maziarz.

                            SENATOR MAZIARZ:    Thank you very

                 much, Mr. President.  I would like to request

                 unanimous consent to be recorded in the

                 negative on Calendar Number 1509, Senate Print

                 538A.

                            ACTING PRESIDENT MEIER:    Without

                 objection, you will be so recorded.

                            Senator Maltese.

                            SENATOR MALTESE:    Mr. President,

                 may I have unanimous consent to be recorded in

                 the negative on Calendar Number 1548.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Maltese will be recorded in

                 the negative on 1548.



                                                        4964



                            SENATOR MALTESE:    Thank you.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will now conduct the

                 noncontroversial reading of the Supplemental

                 Active List.

                            THE SECRETARY:    Calendar Number

                 54, by Member of the Assembly Grannis,

                 Assembly Print Number 2263A, an act to amend

                 the Insurance Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 336, by Member of the Assembly Canestrari,

                 Assembly Print Number 7517, an act to amend

                 the Education Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.



                                                        4965



                            THE SECRETARY:    Section 3.  This

                 act shall take effect in six months.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 817, by Senator Rath, Senate Print 2045A, an

                 act to amend the Public Health Law, in

                 relation to the Childhood Obesity Prevention

                 Program.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 1.  Senator Meier recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator McGee, why do you rise?



                                                        4966



                            SENATOR McGEE:    I'd like to be

                 recognized for changing a vote, if I may.  On

                 1509, I'd like to be registered in the

                 negative.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator McGee will be recorded in

                 the negative on Calendar 1509.

                            SENATOR McGEE:    Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Nozzolio.

                            SENATOR NOZZOLIO:    Mr. President,

                 I ask unanimous consent to be recorded in the

                 negative on Calendar Number 1509.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Nozzolio will be recorded

                 in the negative on Calendar 1509.

                            Senator Bonacic.

                            SENATOR BONACIC:    Thank you, Mr.

                 President.  I would ask unanimous consent to

                 be recorded in the negative for Calendar 1509.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Bonacic will be recorded in

                 the negative on Calendar 1509.

                            Senator Larkin.

                            SENATOR LARKIN:    Mr. President,



                                                        4967



                 I'd like unanimous consent to be recorded in

                 the negative on Calendar Number 1567.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Larkin will be recorded in

                 the negative on Calendar 1567.

                            Senator Seward.

                            SENATOR SEWARD:    Yes, Mr.

                 President, I would like unanimous consent to

                 be recorded in the negative on Calendar Number

                 1509.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Seward will be recorded in

                 the negative with regard to Calendar 1509.

                            SENATOR MORAHAN:    I stand to be

                 recognized and ask that the members hold their

                 changing of votes or whatever it may be until

                 after we finish the noncontroversial reading

                 of the supplemental calendar.

                            ACTING PRESIDENT MEIER:    Very

                 well.  Thank you, Senator Morahan.

                            The Secretary will conduct the

                 noncontroversial reading of the Supplemental

                 Active List.

                            THE SECRETARY:    Calendar Number

                 819, by Senator Hannon, Senate Print 4016A, an



                                                        4968



                 act to amend the Public Health Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect in one year.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 1.  Senator Rath recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 942, by Member of the Assembly Sweeney,

                 Assembly Print Number 4986, an act to amend

                 the Retirement and Social Security Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill



                                                        4969



                 is passed.

                            THE SECRETARY:    Calendar Number

                 999, by Senator Balboni, Senate Print 4747B,

                 an act relating to the payment of taxes or

                 assessments.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni, to explain his vote.

                            SENATOR BALBONI:    Yes, Mr.

                 President.  I'd like to thank Senator Skelos

                 for his leadership on this bill, and I'd like

                 to thank my colleagues.

                            This corrects a real unfairness

                 that has been perpetuated upon two or three of

                 my districts, two of my election districts in

                 my Senate district, who have been paying a

                 sewer tax when they're not even hooked up to

                 the sewer.  So this corrects that deficiency,

                 and it's long overdue.



                                                        4970



                            Thank you very much, Mr. President.

                 I vote aye.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni will be recorded in the affirmative.

                            Announce the results.

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Just on the

                 bill, Mr. President.  I also vote aye.

                            But I want to congratulate my

                 colleague, Senator Balboni.  You know, the

                 County of Nassau, under the county executive,

                 have been collecting this tax inappropriately.

                 So thank you, Senator Balboni, on behalf of

                 the residents of the East Hills community for

                 correcting this problem that they've been

                 faced with for many years.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Yes, I'd

                 like to congratulate my colleague, Senator

                 Fuschillo, for his congratulations of Senator

                 Balboni, who congratulated Senator Skelos.

                 And I hope that everyone now is happy.



                                                        4971



                            (Laughter.)

                            ACTING PRESIDENT MEIER:    Let me

                 exercise a prerogative of the chair to

                 congratulate everyone.

                            (Laughter.)

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            And the Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 1326, by Senator Kuhl, Senate Print 5370, an

                 act to amend the Tax Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 30th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Morahan.

                            SENATOR MORAHAN:    Now would be an

                 appropriate time for any Senators who would



                                                        4972



                 like to change their votes, they'll be

                 recorded.

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos.

                            SENATOR SKELOS:    Mr. President,

                 I'd like to have unanimous consent to be

                 recorded in the negative on Calendar 1548.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Skelos will be recorded in

                 the negative on 1548.

                            Senator Farley.

                            SENATOR FARLEY:    1509, I'm in the

                 negative.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Farley will be recorded in

                 the negative on 1509.

                            Senator Morahan.

                            SENATOR MORAHAN:    I'd like to be

                 recorded in the negative on 1548.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Morahan will be recorded in

                 the negative on 1548.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    I also would

                 like to be recorded in the negative on



                                                        4973



                 Calendar Number 1548.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Marcellino will be recorded

                 in the negative on 1548.

                            Senator Maziarz.

                            SENATOR MAZIARZ:    Thank you, Mr.

                 President.  I'd like unanimous consent to be

                 recorded in the negative on Calendar Number

                 1548.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Maziarz will be recorded in

                 the negative on Calendar 1548.

                            Senator Stachowski.

                            SENATOR STACHOWSKI:    Mr.

                 President, I'd like unanimous consent to be

                 recorded in the negative on Calendar 1509 and

                 1548.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Stachowski will be recorded

                 in the negative on 1509 and 1548.

                            Senator Bonacic.

                            SENATOR BONACIC:    Mr. President,

                 unanimous consent to be recorded in the

                 negative, 1548.

                            ACTING PRESIDENT MEIER:    Without



                                                        4974



                 objection, Senator Bonacic will be recorded in

                 the negative on Calendar 1548.

                            Senator Farley.

                            SENATOR FARLEY:    1548, in the

                 negative.

                            ACTING PRESIDENT MEIER:    Senator

                 Farley will be recorded in the negative on

                 1548, without objection.

                            Senator Morahan.

                            SENATOR MORAHAN:    Can we just

                 hold up for a minute, please.  We want to do a

                 little counting.

                            Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Is there any

                 housekeeping up there?

                            I believe there's a report of the

                 Judiciary Committee, which I'd like to have

                 read and move for its adoption.

                            ACTING PRESIDENT MEIER:    Reports

                 of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator

                 DeFrancisco, from the Committee on Judiciary,



                                                        4975



                 reports the following nominations.

                            As a judge of the Court of Claims,

                 Philip M. Grella, of Merrick.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I rise to

                 move the nomination of Philip M. Grella as

                 judge of the Court of Claims, the Criminal

                 Part.

                            Judge Grella was before the Senate

                 Judiciary Committee, was found to be well

                 qualified -- very, very well qualified.  And

                 in fact, several committee members mentioned

                 that his presentation and his resume was

                 probably, if not the best, one of the best

                 backgrounds for the position to which is he

                 going to be approved today.

                            I would request that Mr. President

                 recognize Senator Fuschillo to second the

                 nomination.

                            ACTING PRESIDENT MEIER:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Thank you

                 very much, Mr. President.

                            It is certainly a great time in my



                                                        4976



                 life to be able to stand up and second the

                 nomination of somebody of the caliber of Phil

                 Grella.  And it doesn't surprise me, the

                 comments from the Judiciary chair, Senator

                 DeFrancisco, that the committee thought this

                 was one of the best individuals that ever came

                 before the committee.

                            I haven't complimented Governor

                 Pataki in a while because we've had some tense

                 relationships over the past couple of months,

                 but this is certainly one that I'll say,

                 Governor, good job.

                            Phil Grella is -- putting aside his

                 judicial experience, his 25-plus years in the

                 district attorney's office, and his commitment

                 to his community, Phil Grella is just an

                 outstanding individual.

                            I know his wife is here, his true

                 partner in life.  And, Marilyn, you are

                 certainly his better half.  And I have to tell

                 you, it's such a pleasure getting to know you

                 a lot better in the past couple of years.

                            But, Judge Grella, I am honored to

                 stand up before my colleagues in this house

                 and second your nomination.  And I know you



                                                        4977



                 will certainly be a credit to the court, but

                 certainly a credit to the 18 million people of

                 the state of New York.

                            So I proudly second the nomination

                 and I wish you Godspeed and the best of luck

                 on the bench.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.

                            SENATOR BALBONI:    Mr. President,

                 during the confirmation process I believe it

                 is wholly appropriate for members who know the

                 nominees to stand up and give you just a

                 little taste of their personality and

                 character.

                            Judge Grella is the person that you

                 want considering a matter that you carry

                 about.  He has a tremendous temperament, a

                 tremendous amount of patience, and a great

                 understanding of human nature.  Every time

                 I've had a conversation with the judge, he has

                 been open, forthright, knowledgeable.

                            He'll be a terrific addition to the

                 bench, and Governor Pataki should be

                 congratulated.

                            Thank you, Mr. President.



                                                        4978



                            ACTING PRESIDENT MEIER:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Thank you,

                 Mr. President.  I too would like to rise to

                 congratulate Judge Grella.  He's a fine

                 person, a fine judge, and a credit to the

                 county in which I live.  And he will be a

                 credit to the people of New York State.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos.

                            SENATOR SKELOS:    I want to

                 congratulate Senator Marcellino on the brevity

                 of his statement.

                            But I'm delighted to rise and join

                 in confirming and moving the nomination of

                 Judge Grella.  He's a good friend, obviously,

                 to all of us from Nassau County.  But what's

                 even more important, he's a good family

                 person, a good human being, and has all the

                 qualifications -- not just book

                 qualifications, but also temperament

                 qualifications to be a great judge.

                            So congratulations to you, Judge

                 Grella.



                                                        4979



                            ACTING PRESIDENT MEIER:    The

                 question is on the confirmation of Philip M.

                 Grella as a judge of the Court of Claims.  All

                 those in favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 nominee is unanimously confirmed.

                            Judge Grella is with us today in

                 the gallery.  He is accompanied by his wife,

                 Marilyn, his brother-in-law and sister-in-law

                 Louis and Joann Ballato, and his

                 brother-in-law and sister-in-law Arthur and

                 Margaret Ballato.

                            Judge Grella, we wish you well with

                 your important duties.  Good luck.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read.

                            THE SECRETARY:    As a judge of the

                 Court of Claims, Michael E. Hudson, of

                 Amherst.

                            ACTING PRESIDENT MEIER:    Senator



                                                        4980



                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I again am

                 proud to rise to move the nomination of

                 Michael E. Hudson as a judge of the Court of

                 Claims.  This is the Civil Part.

                            This was a particularly fine day

                 for the Judiciary Committee, because these

                 individuals not only had great backgrounds and

                 great qualifications, as the committee so

                 found, but each of the nominees obviously have

                 the judicial temperament and the service to

                 our community that is so necessary to make

                 good judgments in very, very serious cases.

                            I would ask, Mr. President, if you

                 would recognize Senator Rath to second the

                 nomination.

                            ACTING PRESIDENT MEIER:    Senator

                 Rath.

                            SENATOR RATH:    Thank you, Mr.

                 President.  Thank you, my colleagues.

                            It is with great pleasure that I

                 rise to second the nomination of Michael

                 Hudson for Court of Claims judge.  Michael is

                 not only a well-qualified lawyer and a

                 well-qualified person who's worked in the



                                                        4981



                 courts for over 17 years, but a close personal

                 friend.

                            If you've looked at Michael's

                 resume, you will see that not only was he, as

                 I said, found to be well-qualified, but served

                 eight years in the district attorney's office

                 and 17 years as a confidential clerk to a

                 Supreme Court judge in Erie County.  That

                 judge happened to have been my husband.

                            So you know that we are very good

                 friends, and you know my highest regard for

                 Michael and his wife, Dale, and his son,

                 Matthew.

                            Michael not only has a deep, deep

                 knowledge of the law, but he has a respect for

                 the system, the system that brings us to the

                 chamber, the system that brings judges to the

                 point where they are no longer part of that

                 political system but they do know that it's

                 the marriage of politics and government that

                 keep all of the systems working that our great

                 country depends on.

                            Michael has a genuine concern, a

                 genuine concern, not only for the people who

                 will find themselves involved in the judicial



                                                        4982



                 system, but for the system itself, a respect

                 for the judicial system.

                            And if I can draw your attention to

                 the beautiful piece of art glass directly over

                 where Senator Meier is standing, if you look

                 at it and look at the woman on the right as we

                 look at the symbol of the State of New York,

                 the woman on the right holds the scales of

                 justice in her hand.

                            And, Michael, I know that you will

                 weigh equally, as that blind justice symbol

                 shows us there, you will weigh the balance of

                 the people who come in front of you as well as

                 the justice system that New York State is so

                 rightfully proud of.

                            Good luck and Godspeed.

                            ACTING PRESIDENT MEIER:    Senator

                 Maziarz.

                            SENATOR MAZIARZ:    Thank you very

                 much, Mr. President.

                            I want to rise to support this

                 nomination.  This is a great day for the

                 judiciary.  I was just talking to another

                 Court of Claims judge in Western New York on

                 the phone a very short time ago, and he can



                                                        4983



                 hardly wait to get to work with Mike Hudson

                 because of Mike's vast experience, both in

                 private practice in the district attorney's

                 office in Erie County, and then clearly for

                 the last several years as the principal law

                 clerk to Judge Ed Rath.

                            I know this is a very special day

                 for Mike.  It's a day that's seemed like it's

                 been a long time in coming.  And I that being

                 here is very special, with his wife, Dale, and

                 his son, Matt.

                            But, Mr. President, I know that

                 this is also a very, very special day for

                 Senator Mary Lou Rath.  She has sought this

                 nomination for this well-deserved nominee.

                            And Mike learned a lot from Judge

                 Rath, and I'm sure that he is here today in

                 this room in spirit, and he is also very proud

                 of you, Mike, and very proud of your family.

                            Congratulations.  You're going to

                 do a great job.  And it's a great day for

                 Western New York and this chamber.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker.



                                                        4984



                            SENATOR VOLKER:    Mr. President, I

                 too want to rise on behalf of Mike Hudson.

                            I've known him for many years.  He

                 is a top-flight -- as I said in the Judiciary

                 Committee, and I say this with great

                 sincerity, he is a fine lawyer, always has

                 been a fine lawyer.  And obviously any judge

                 has to have a sense of justice, and he does.

                 But the best judges, obviously, are the best

                 lawyers.  And Mike Hudson is one of those.

                            One of the last conversations I had

                 with the late Ed Rath, he mentioned to me that

                 he's the guy that definitely should be a judge

                 in the fairly near future.

                            And today is that day.

                 Congratulations.

                            ACTING PRESIDENT MEIER:    The

                 question is on the nomination of Michael E.

                 Hudson as a judge of the Court of Claims.  All

                 those in favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The



                                                        4985



                 nominee is unanimously confirmed.

                            Judge Hudson is with us in the

                 gallery.  He is accompanied by his wife, Dale,

                 and his son, Matthew.

                            Judge, congratulations and best

                 wishes.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read.

                            THE SECRETARY:    As a judge of the

                 Court of Claims, Maxwell Wiley, of New York.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    Again, I'm

                 proud to rise to move the nomination of Judge

                 Maxwell Wiley for a Court of Claims position.

                 This is going to be a Criminal Part.

                            And if you've reviewed his resume

                 as the members of the Judiciary Committee

                 reviewed it, it is very, very obvious that he

                 is more than well qualified, and the committee

                 so found, for this particular position.

                            I would request that Mr. President

                 recognize Senator Krueger to second the

                 nomination.



                                                        4986



                            ACTING PRESIDENT MEIER:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I rise proudly to second the

                 nomination of Maxwell Wiley to be a judge in

                 the Court of Claims.  And I am embarrassed

                 that I don't know Judge Wiley, after so many

                 people here knew other nominees.  I think in

                 the County of Manhattan, shockingly, we don't

                 know everyone, although I am trying to.

                            But learning about Mr. Wiley, who

                 is joined here today by his father-in-law, Ed

                 Rosenthal, what can I tell you?  He has been

                 working for the New York County district

                 attorney's office since 1986 and he's

                 currently been a deputy chief of the trial

                 bureau.  And I don't think there's any doubt

                 about the extraordinary reputation and work

                 done by the Manhattan district attorney's

                 office.

                            And given his long history of

                 accomplishment in that very difficult

                 office -- and I must add the fact that he is a

                 alma mater of my alma mater, the University of

                 Chicago -- I am very proud, as a Senator from



                                                        4987



                 Manhattan, although he is not in my district

                 directly, to be able to stand and rise in

                 second of his nomination and to applaud him

                 and to say with confidence that I know he will

                 do us proud as a judge on the Court of Claims.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    The

                 question is on the nomination of Maxwell Wiley

                 as a judge of the Court of Claims.  All those

                 in favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 nominee is unanimously confirmed.

                            Judge Wiley is with us today in the

                 gallery.  He's accompanied by his

                 father-in-law, Ed Rosenthal.

                            Judge Wiley, congratulations and

                 best wishes to you.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I request



                                                        4988



                 unanimous consent to vote in the negative on a

                 series of bills.

                            Calendar 119, Senate Print 335A;

                 Calendar 895, Senate Print 502; Calendar 1489,

                 Senate Print 5581; Calendar Number 1495,

                 Senate Print 5611.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator DeFrancisco will be

                 recorded in the negative with regard to

                 Calendars 119, 895, 1489, and 1495.

                            Senator Morahan.

                            SENATOR MORAHAN:    Yes, Mr.

                 President, can we return to the controversial

                 reading of Calendar 60A, supplemental

                 calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will conduct the controversial

                 reading of Supplemental Calendar 60A.

                            SENATOR LaVALLE:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle, why do you rise?

                            SENATOR LaVALLE:    Can I be

                 recognized to have unanimous consent to be

                 recorded in the negative on Calendar Number



                                                        4989



                 1548, please.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator LaValle will be recorded in

                 the negative with regard to Calendar 1548.

                            Senator Malcolm Smith.

                            SENATOR MALCOLM SMITH:    Yes, Mr.

                 President, I request unanimous consent to be

                 recorded in the negative on Calendar Number

                 1548.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Malcolm Smith will be

                 recorded in the negative on Calendar 1548.

                            Senator Montgomery.

                            SENATOR MONTGOMERY:    Yes, Mr.

                 President.  Mr. President, point of order.

                 It's noisy in back of me.

                            Mr. President, I would like to be

                 recorded in the negative on Calendar 1548.

                            ACTING PRESIDENT MEIER:    All

                 right.  Senator Montgomery, without objection,

                 you will be recorded in the negative on

                 Calendar 1548.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1544, by Senator Padavan, Senate Print 667A,



                                                        4990



                 an act to amend the Executive Law and the

                 Public Officers Law.

                            SENATOR MONTGOMERY:    Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan, Senator Montgomery has requested an

                 explanation.

                            SENATOR PADAVAN:    Thank you, Mr.

                 President.

                            This bill deals with the very

                 serious problem of providing security

                 requirements in and about facilities that are

                 for the generation and transmission of power.

                 It requires certain standards.  It requires

                 oversight.

                            Currently, there are no such

                 requirements for any of these facilities.

                 They are left to the individual entity to

                 determine what they might be.  Some do, and

                 I'm sure responsibly so, have security

                 measures.  But again, there is no standard

                 that must be met.

                            In light of the current environment

                 that we all exist in in this country, we do

                 know that power plants and other related

                 facilities are an inviting target for



                                                        4991



                 terrorists.  Therefore, this legislation has

                 as its basic goal the creation of standardized

                 security measures for such facilities.

                            ACTING PRESIDENT MEIER:    Senator

                 Liz Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If, through you, the sponsor

                 would yield to one question.

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan, do you yield for a question?

                            SENATOR PADAVAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.

                            I think that it's clear that we

                 need in this time to ensure that there are

                 security measures in place for energy

                 generating and transmission facilities.  But I

                 also think we recognize that we have

                 obligations to protect rights to public

                 information through the Freedom of Information

                 Law.

                            So my one question is, does Senator

                 Padavan know whether the Department of State's



                                                        4992



                 Committee on Open Government has reviewed this

                 legislation and whether they oppose it on any

                 grounds for protection of Freedom of

                 Information.

                            SENATOR PADAVAN:    Yes, I do.

                            SENATOR LIZ KRUEGER:    May I ask

                 the sponsor another question, please, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan, do you continue to yield?

                            SENATOR PADAVAN:    Yes, I do.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    You just

                 wanted me to ask you a second question, didn't

                 you, Senator.

                            And what is their position, Senator

                 Padavan?

                            SENATOR PADAVAN:    They are in

                 favor of this legislation.

                            SENATOR LIZ KRUEGER:    Thank you

                 very much.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.



                                                        4993



                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1550, by the Senate Committee on Rules, Senate

                 Print Number 2545, an act to amend the

                 Criminal Procedure Law and others.

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan.

                            SENATOR PADAVAN:    Did someone ask

                 for an explanation?  No.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 13.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill



                                                        4994



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1552, by Senator Padavan --

                            SENATOR MORAHAN:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside temporarily.

                            THE SECRETARY:    Calendar Number

                 1556, by Senator Golden, Senate Print 4179B,

                 an act to amend the Vehicle and Traffic Law.

                            SENATOR MALCOLM SMITH:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Golden, Senator Malcolm Smith has requested an

                 explanation of Calendar 1556.

                            SENATOR GOLDEN:    Thank you, Mr.

                 President.

                            This bill would permit the

                 sanitation officers of the City of New York to

                 issue summonses when a handbill or leaflet

                 containing an advertisement is left on a car.

                 It further provides that it shall be a

                 presumption that the person whose name,

                 address, and other identifying information is

                 in violation of this section of law.

                            Background.  This bill amends a



                                                        4995



                 section of the Vehicle and Traffic Law which

                 already prohibits the placing of handbills and

                 other forms of advertisement on cars.

                 Presently summonses may only be issued by

                 police officers and other enforcement

                 personnel to a person putting a leaflet on the

                 car.

                            By creating this presumption, this

                 bill will provide that the person who is

                 advertising has caused the leaflet to be

                 placed there.

                            There is also a present bill in

                 effect in the City of New York, and that's

                 similar to the poster bill, and that's what we

                 based this law on.

                            ACTING PRESIDENT McGEE:    Senator

                 M. Smith.

                            SENATOR MALCOLM SMITH:    Madam

                 President, if the sponsor would yield for just

                 a question or two.

                            ACTING PRESIDENT McGEE:    Senator

                 Golden, will you yield for some questions?

                            SENATOR GOLDEN:    I do, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The



                                                        4996



                 Senator yields.

                            SENATOR MALCOLM SMITH:    Through

                 you, Madam President, does this bill require

                 flyers that are on cars on public streets

                 only?  Or are you talking about if they're in

                 parking lots in addition to?

                            SENATOR GOLDEN:    Public streets,

                 not on private property.

                            ACTING PRESIDENT McGEE:    Senator

                 Smith.

                            SENATOR MALCOLM SMITH:    Madam

                 President, if the sponsor would continue to

                 yield.

                            SENATOR GOLDEN:    I do.

                            ACTING PRESIDENT McGEE:    Senator

                 Golden continues to yield.

                            SENATOR GOLDEN:    Thank you, Madam

                 President.

                            SENATOR MALCOLM SMITH:    You

                 indicated, Senator Golden, that this was a

                 similar bill to Senator Padavan's poster bill.

                            SENATOR GOLDEN:    Yes, sir.

                            SENATOR MALCOLM SMITH:    And my

                 question to you is, in terms of enforcement,

                 what is the notice of service?



                                                        4997



                            SENATOR GOLDEN:    It would be done

                 through the ECB, Environmental Control Board.

                 They would be the notifying agency.  And they

                 would do it through the mail.  After a 30-day

                 period, if they had not responded, and then

                 they will serve the subpoena on them.

                            SENATOR MALCOLM SMITH:    One final

                 question, Madam President, through you.

                            ACTING PRESIDENT McGEE:    Senator

                 Golden, do you continue to yield?

                            SENATOR GOLDEN:    I do.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR MALCOLM SMITH:    In regard

                 to flyers being placed on cars that are, for

                 instance, in a private parking lot, would this

                 bill also apply to them?

                            SENATOR GOLDEN:    No, it would

                 not, sir.

                            SENATOR MALCOLM SMITH:    Madam

                 President, on the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Smith, on the bill.

                            SENATOR MALCOLM SMITH:    Madam

                 President, I do understand the sponsor's



                                                        4998



                 interest in this bill.  And as one who

                 understands the result of garbage and papers

                 that are thrown on the street, as similar to

                 why Padavan introduced his bill, my only

                 concern with this bill is that in many

                 instances you will find, whether it is

                 churches or private companies, particularly in

                 the City of New York, that may put flyers on a

                 particular car for a particular interest, they

                 may actually put flyers on cars that are

                 necessarily parked in an area that they're

                 only affiliated with the particular proprietor

                 or the particular nonprofit institution.

                            And in those regards, where the

                 nonprofit institution is trying to market

                 their own particular interest or market their

                 own particular program, that particular

                 institution would then be subject to a fine,

                 according to the sponsor's bill.

                            While I do understand the need for

                 keeping the environment clean, the only

                 concern I have here is that you have a number

                 of nonprofit organizations that tend to market

                 their skills and market what they offer

                 through these particular means.



                                                        4999



                            And where I have not seen any

                 particular outcry from the public to find this

                 offensive, I have no interest in this bill and

                 at this time will have to vote no on the bill.

                 I don't necessarily encourage my colleagues to

                 do so, for this may not be a concern of

                 theirs, but it is one concern of mine.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Stavisky.

                            SENATOR STAVISKY:    I have one

                 question for the sponsor.

                            ACTING PRESIDENT McGEE:    Senator

                 Golden, will you yield?

                            SENATOR GOLDEN:    I do indeed,

                 Madam President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR STAVISKY:    Since this

                 bill applies only to the City of New York, do

                 we need a home-rule message?

                            SENATOR GOLDEN:    We do not.

                            SENATOR STAVISKY:    Thank you.

                            ACTING PRESIDENT McGEE:    Any

                 other Senator wishing to speak on the bill?



                                                        5000



                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of the

                 calendar month next succeeding.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1556 are

                 Senators Hassell-Thompson, Montgomery,

                 M. Smith, and Stachowski.  Ayes, 56.  Nays, 4.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1566, by Senator Meier, Senate Print 5486A, an

                 act to amend the Parks, Recreation and

                 Historic Preservation Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 11.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.



                                                        5001



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1570, by Senator Golden, Senate Print 5595, an

                 act to amend the Criminal Procedure Law.

                            SENATOR MALCOLM SMITH:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Golden, an explanation has been requested.

                            SENATOR GOLDEN:    Thank you, Madam

                 President.

                            Thank you, Mr. President.

                            This bill would permit -- has there

                 been an explanation requested?

                            SENATOR MALCOLM SMITH:

                 Explanation.

                            SENATOR GOLDEN:    This bill would

                 permit building inspectors in New York City to

                 issue violations after their inspections.

                 Although it makes building inspectors in

                 New York City peace officers, this bill also

                 would give them the right to carry guns to be

                 able to do their jobs.

                            As it is presently, an inspector

                 cannot get entrance, the inspector cannot



                                                        5002



                 issue a summons.  This gives him the right to

                 issue that summons, and it gives him the right

                 to be able to do his job.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If, through you, the sponsor

                 would yield, please.

                            ACTING PRESIDENT MEIER:    Senator

                 Golden, do you yield for a question?

                            SENATOR GOLDEN:    I do.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Thank you for the explanation,

                 Senator Golden.

                            If this bill just gave them the

                 ability to do a summons once they find a

                 violation, I think I would have no problem

                 with this bill.  But this bill gives peace

                 officer status and the right to carry guns to

                 the Department of Building inspectors.

                            And I don't know if you listen

                 listened to my other concerns on the floor

                 about peace officers bills --



                                                        5003



                            SENATOR GOLDEN:    I understand.

                            SENATOR LIZ KRUEGER:    -- but you

                 were a New York City policeman at one time, I

                 understand.  And you also know -- we both come

                 from New York City -- that there's been more

                 than a few scandals around Department of

                 Building inspectors.

                            Do we really think that we should

                 give them the powers of police?  Even though I

                 would agree with the portion of the bill that

                 would allow them to write a summons for a

                 building violation right there.

                            SENATOR GOLDEN:    Thank you,

                 Senator Krueger.

                            But giving the opportunity for

                 these inspectors to carry guns and to be able

                 to perform their jobs -- I don't know, I come

                 from Brooklyn, New York.  And in Brooklyn we

                 have sections and throughout the city of

                 New York we have sections where these

                 inspectors encounter some problems and don't

                 issue summonses.

                            So you can imagine the problems

                 that they will get when they are allowed to

                 issue the summonses.  I know as a police



                                                        5004



                 officer I was many a difficult day issuing a

                 summons.  And today in the New York City area

                 you know how many summonses are being issued,

                 you know the push that's on in the City of

                 New York.  And it's very, very difficult for

                 anybody to issue summonses, and in some cases

                 pretty unsafe.

                            So I believe that this gives them

                 the ability to go out and do their job and to

                 do it safely and correctly and to do it

                 smartly and in a good conscience and according

                 to the Penal Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if, through you, the sponsor would

                 continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Golden, do you continue to yield?

                            SENATOR GOLDEN:    I do.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator Golden, in many of the

                 other peace officer bills -- I think in all of



                                                        5005



                 the peace officer bills we've seen so far this

                 year these were security guards that were then

                 raised in status to peace officers and were

                 required to go through the state's -- I think

                 it's municipal police council training

                 institution to be, I guess, approved as peace

                 officers.

                            Is that a requirement of this bill,

                 that they must go through the training program

                 for peace officers?

                            SENATOR GOLDEN:    No.  Thank you

                 for bringing that up, Senator Krueger.

                            It would be up to the City of

                 New York to issue a statute within the

                 Building Department on the use of a firearm.

                 They would have to conform to the New York

                 City rules and regulations on those pertaining

                 to owning and operating a gun.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Mr. President, on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Liz Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you

                 so much.

                            Well, while I have been opposed to



                                                        5006



                 other peace officer bills, I have to say I am

                 even more opposed to this bill.  At least in

                 the other bills we were talking about taking

                 security personnel going through a full

                 training process, not necessarily giving them

                 the authority to carry guns.  In most of the

                 peace officer bills, it did not involve

                 carrying guns.

                            In this bill, we're making building

                 inspectors police with guns, and not even a

                 clear path of how they would be trained to

                 have these responsibilities.

                            I agree, it is dangerous in some

                 parts of New York City to do your job.  But we

                 have inspectors for all kinds of things in

                 New York City, including building inspectors.

                 We have city government representatives who go

                 out throughout our communities for any number

                 of reasons.  We have several hundred thousand

                 employees of the City of New York.

                            In this bill, we're talking about

                 giving people who are inspectors police powers

                 and guns.  I can't really believe that we

                 think it is in the best interests of the City

                 of New York to give building inspectors guns



                                                        5007



                 or police powers.

                            And I don't think we would want to

                 set a precedent for anywhere else in the state

                 that someone who works in an agency in an

                 inspector capacity -- and not a police

                 inspector capacity, but a nonuniform-related

                 capacity as an inspector for some purpose --

                 to be given police powers.

                            So I will vote no against this

                 bill, despite the fact that I believe the city

                 does want this bill.  And I urge everyone to

                 again reevaluate this whole question of peace

                 officer status and the fact that here we're

                 talking about people who are trained to check

                 to see whether you have a violation of a

                 housing code in an apartment and making them,

                 quote, unquote, quasi-police with police

                 powers and guns.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Golden.

                            SENATOR GOLDEN:    Just to point

                 out, this is not police officer status, it's

                 peace officer status.

                            And, yes, they would have to go



                                                        5008



                 through the security programs.

                            ACTING PRESIDENT MEIER:    Senator

                 Sabini.

                            SENATOR SABINI:    Thank you, Mr.

                 President.  If the Senator would yield for a

                 question or two.

                            ACTING PRESIDENT MEIER:    Senator

                 Golden, will you yield for a question?

                            SENATOR GOLDEN:    Yes, I will.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SABINI:    Thank you.

                            Senator Golden, you said that they

                 would be able to carry guns after certain

                 requirements were met if this bill were to

                 become law?

                            SENATOR GOLDEN:    That's correct,

                 according to the state and city regulations.

                            SENATOR SABINI:    If the sponsor

                 would yield for another question, since it's

                 late in the session --

                            ACTING PRESIDENT MEIER:    Senator

                 Golden, do you continue to yield?

                            SENATOR GOLDEN:    I do, Mr.

                 President.



                                                        5009



                            ACTING PRESIDENT MEIER:    The

                 Senator yields.

                            SENATOR SABINI:    Is there a

                 request from the city on this?

                            SENATOR GOLDEN:    We have a

                 verbal, yes, sir.  We do not have a written

                 statement, but we have a verbal.

                            SENATOR SABINI:    On the bill, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator

                 Sabini, on the bill.

                            SENATOR SABINI:    I come from

                 probably the building code violation capital

                 of New York City.  The neighborhoods that I

                 represent are rife with building code

                 violations.  And I want to make sure the

                 Buildings Department can do their job.

                            And I was the author of many bills

                 in the New York City Council to make their

                 jobs easier.  And if this does that, fine.

                 I'm a little -- I share Senator Krueger's

                 concern that this may be going a little too

                 far.  Some of our building inspectors make

                 enough money without a gun.  I'm afraid what

                 they'll make with a gun.



                                                        5010



                            But if the city has asked for the

                 bill, I'll trust their judgment on this and

                 vote aye.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1570 are

                 Senators Duane, Hassell-Thompson, L. Krueger,

                 Montgomery, and Padavan.  Ayes, 55.  Nays, 5.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  If I could have unanimous consent

                 to be recorded in the negative on Calendar

                 Number 1566.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Duane will be recorded in

                 the negative on 1566.



                                                        5011



                            Senator Morahan.

                            SENATOR MORAHAN:    Yes, Mr.

                 President.  If we could return to the original

                 calendar, Calendar Number 1378, we'd like to

                 lay it aside.

                            ACTING PRESIDENT MEIER:    All

                 right.  Calendar 1378 will be laid aside.

                            Senator Volker.

                            SENATOR VOLKER:    Can I explain?

                 1378 was on the original calendar.  We are not

                 going to take it up now because it has been

                 superseded by agreement between the Governor,

                 this house, and the Assembly on

                 fingerprinting.

                            It's essential that the bill be

                 passed in order for the feds in Washington to

                 accept any fingerprints from this state for

                 any circumstances.

                            So that has been agreed to, and so

                 I'm just going to lay this bill aside.  So I

                 just wanted to tell you that.  Okay?  Okay.

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Mr. President,

                 from the original calendar, can we please take



                                                        5012



                 up 1535.

                            ACTING PRESIDENT MEIER:    We'll

                 return to the original calendar.

                            The Secretary will read Calendar

                 1535.

                            THE SECRETARY:    Calendar Number

                 1535, by Senator Velella, Senate Print 5624,

                 an act to amend the Workers' Compensation Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Morahan.

                            SENATOR MORAHAN:    Is there any

                 housekeeping at the desk at this time, Mr.

                 President?

                            ACTING PRESIDENT MEIER:    Yes, we

                 have some.

                            Senator Kuhl.



                                                        5013



                            SENATOR KUHL:    Are we on the

                 order of motions and resolutions?

                            ACTING PRESIDENT MEIER:    Motions

                 and resolutions, Senator.

                            SENATOR KUHL:    Thank you, Mr.

                 President.

                            I wish to call up my bill, Senate

                 Print 3199, recalled from the Assembly, which

                 is now at the desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 417, by Senator Kuhl, Senate Print 3199, an

                 act to amend the Vehicle and Traffic Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Kuhl.

                            SENATOR KUHL:    I now move to

                 reconsider the vote by which the bill passed

                 the house.

                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    Senator

                 Kuhl.



                                                        5014



                            SENATOR KUHL:    That bill is on

                 the Third Reading Calendar now, Mr. President?

                            ACTING PRESIDENT MEIER:    Yes, it

                 is, Senator.

                            SENATOR KUHL:    Thank you.

                            I also wish to call up Senate Print

                 896A, which is at the desk, Mr. President.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 814, Senate Print 896A, an act to amend the

                 Public Health Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Kuhl.

                            SENATOR KUHL:    Yes, I now move to

                 reconsider the vote by which the bill was

                 passed and ask that the bill be restored to

                 the Third Reading Calendar.

                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is restored to the order of third reading.

                            SENATOR KUHL:    Thank you.



                                                        5015



                            ACTING PRESIDENT MEIER:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Mr. President,

                 for the information of the members, there will

                 be a meeting of the Rules Committee at 3:30 in

                 the Majority Conference Room.

                            And until the time for their

                 report, the Senate will stand at ease.

                            ACTING PRESIDENT MEIER:    The

                 Senate will stand at ease pending the report

                 of the Rules Committee.

                            (Whereupon, the Senate stood at

                 ease at 3:14 p.m.)

                            (Whereupon, the Senate reconvened

                 at 3:59 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Mr. President,

                 could we please pull up Calendar 1572 on

                 Supplemental Calendar 60A.

                            ACTING PRESIDENT MEIER:    On

                 Calendar 60A, the Secretary will read Calendar

                 1572.

                            THE SECRETARY:    In relation to

                 Calendar Number 1572, Senator Libous moves to



                                                        5016



                 discharge, from the Committee on Rules,

                 Assembly Bill Number 7161C and substitute it

                 for the identical Senate Bill Number 5638,

                 Third Reading Calendar 1572.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1572, by Member of the Assembly Weisenberg,

                 Assembly Print Number 7161C, an act to amend

                 the Mental Hygiene Law and the Executive Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Morahan.

                            SENATOR MORAHAN:    Yes, Mr.

                 President, could we call up, from the same

                 calendar, Calendar 1573.



                                                        5017



                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1573.

                            THE SECRETARY:    Calendar Number

                 1573, by Senator Hoffmann, Senate Print 5653,

                 an act authorizing the City of Rome.

                            SENATOR MORAHAN:    Is there a

                 message of necessity at the desk, Mr.

                 President?

                            ACTING PRESIDENT MEIER:    There is

                 a message at the desk.

                            SENATOR MORAHAN:    Move to accept.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            There is a home-rule message at the

                 desk.

                            Read the last section.

                            THE SECRETARY:    Section 5.  This



                                                        5018



                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            SENATOR MORAHAN:    If we can

                 return to the original calendar of the day and

                 take up Calendar 312, Mr. President.

                            ACTING PRESIDENT MEIER:    On the

                 original calendar, the Secretary will read

                 Calendar 312.

                            THE SECRETARY:    Calendar Number

                 312, by Member of the Assembly Christensen,

                 Assembly Print Number 2438A, an act to amend

                 the Social Services Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR MALCOLM SMITH:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco, Senator Malcolm Smith has

                 requested an explanation of Calendar 312.

                            SENATOR DeFRANCISCO:    Yes.  About



                                                        5019



                 a year ago, in our district, there was a

                 series of reviews of various after-school

                 programs at YMCA-type facilities, YWCA

                 programs, as well as Catholic Youth

                 Organization programs.

                            And there was confusion about

                 whether the programs that were available for

                 children after school, mostly in low-income

                 areas, whether they should be categorized as

                 daycare centers.

                            The problem with it was -- and

                 there were investigations and there was going

                 to be hearings and the like.  And the problem

                 was there a difficulty in interpreting the law

                 at the time.

                            As a result, there was threats to

                 close all of these after-school facilities in

                 these at-risk areas, at a time when in

                 Syracuse there was a rising problem with youth

                 violence.

                            So Assemblywoman Christensen and

                 myself put together this bill to make it clear

                 that these after-school centers are truly not

                 childcare centers, where there's -- like a

                 daycare where there's children that are of



                                                        5020



                 young age being cared for and therefore a need

                 for more staff, a need for more elaborate

                 facilities.

                            And that's what the purpose of this

                 bill is.  And it's supported by the New York

                 State YMCAs.  Also supported locally, in our

                 area, by the police chief and the county

                 executive, the mayor, basically because

                 there's been a push trying to provide more of

                 these facilities in our area, which is a lot

                 for our area.

                            The City of Syracuse services 2,000

                 young people after school with these programs,

                 and most of them would have had to go out of

                 existence because of the additional cost that

                 would have been imposed by that.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            SENATOR ALESI:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.



                                                        5021



                            Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    May I

                 request unanimous consent to be recorded in

                 the negative on 1509, Calendar 1509, Senate

                 Print 538A.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator DeFrancisco will be

                 recorded in the negative on Calendar 1509.

                            Senator Morahan.

                            SENATOR MORAHAN:    Mr. President,

                 can we return to motions and resolutions.

                            ACTING PRESIDENT MEIER:    Motions

                 and resolutions.

                            SENATOR MORAHAN:    Can we adopt

                 the Resolution Calendar.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of adopting the Resolution

                 Calendar signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 Resolution Calendar is adopted.

                            Senator Morahan.



                                                        5022



                            SENATOR MORAHAN:    Are there any

                 substitutions at the desk?

                            ACTING PRESIDENT MEIER:    Yes,

                 there are, Senator.

                            The Secretary will read the

                 substitutions.

                            THE SECRETARY:    On page 26,

                 Senator Padavan moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 6954

                 and substitute it for the identical Senate

                 Bill Number 3069, Third Reading Calendar 770.

                            On page 31, Senator Leibell moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 6422A and substitute it

                 for the identical Senate Bill Number 1572A,

                 Third Reading Calendar 876.

                            And on page 38, Senator McGee moves

                 to discharge, from the Committee on Rules,

                 Assembly Print Number 6095A and substitute it

                 for the identical Senate Bill Number 2606A,

                 Third Reading Calendar 1096.

                            ACTING PRESIDENT MEIER:

                 Substitutions ordered.

                            SENATOR MORAHAN:    Mr. President,

                 if we could return to reports of standing



                                                        5023



                 committees, I understand there's a report of

                 the Rules Committee at the desk.

                            ACTING PRESIDENT MEIER:    Reports

                 of standing committees.

                            The Secretary will read the report

                 of the Rules Committee.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 722, by Senator

                 LaValle, an act authorizing;

                            822A, by Senator LaValle, an act to

                 amend the Criminal Procedure Law;

                            919, by Senator LaValle, an act to

                 amend the Real Property Tax Law;

                            1131, by Senator Seward, an act to

                 amend the Insurance Law;

                            1178, by Senator Leibell, an act to

                 amend the Criminal Procedure Law;

                            1370, by Senator Trunzo, an act to

                 amend the Public Authorities Law;

                            1816, by Senator McGee, an act to

                 amend the Social Services Law;

                            1944A, by Senator Hannon, an act to

                 amend the New York State Medical Care



                                                        5024



                 Facilities Finance Agency Act;

                            2129, by Senator Larkin, an act to

                 amend the Racing, Pari-Mutuel Wagering and

                 Breeding Law;

                            2255A, by Senator Seward, an act to

                 enact;

                            2925, by Senator Connor, an act to

                 amend Chapter 423 of the Laws of 2002;

                            2970A, by Senator Flanagan, an act

                 to amend the Criminal Procedure Law;

                            3126D, by Senator Libous, an act to

                 amend the Tax Law;

                            3346A, by Senator Golden, an act to

                 amend the Education Law;

                            3712, by Senator Volker, an act to

                 amend the Criminal Procedure Law;

                            4149, by Senator Hannon, an act to

                 amend the Public Health Law;

                            4382A, by Senator Alesi, an act to

                 authorize;

                            4523, by Senator Marcellino, an act

                 to amend the Tax Law;

                            4881, by Senator Bonacic, an act to

                 amend the Public Housing Law;

                            4901, by the Senate Committee on



                                                        5025



                 Rules, an act to amend the Tax Law;

                            5040, by the Senate Committee on

                 Rules, an act to amend the Tax Law;

                            5048A, by Senator Balboni, an act

                 to amend the Alcoholic Beverage Control Law;

                            5120, by Senator Kuhl, an act to

                 amend the Vehicle and Traffic Law;

                            5377, by Senator DeFrancisco, an

                 act to amend;

                            5402, by Senator Hoffmann, an act

                 to amend Chapter 78;

                            5491, by Senator Seward, an act to

                 amend the Insurance Law;

                            5524, by Senator LaValle, an act to

                 amend the Real Property Tax Law;

                            5556, by Senator Volker, an act to

                 amend the Mental Hygiene Law;

                            5590, by Senator Farley, an act to

                 amend the Banking Law;

                            5599, by Senator Hannon, an act to

                 create;

                            5613, by Senator Golden, an act to

                 amend the Election Law;

                            5614, by the Senate Committee on

                 Rules, an act to amend the Retirement and



                                                        5026



                 Social Security Law;

                            5623, by Senator Velella, an act to

                 amend Chapter 511;

                            5644, by Senator Hannon, an act to

                 amend the Public Health Law;

                            5656, by Senator Fuschillo, an act

                 to amend the Village Law;

                            5657, by Senator Morahan, an act to

                 authorize;

                            5659, by Senator Larkin, an act to

                 amend the Real Property Tax Law;

                            5668, by Senator Kuhl, an act to

                 amend the Public Authorities Law;

                            5674, by the Senate Committee on

                 Rules, an act to amend Chapter 468;

                            And Senate Print 5676, by the

                 Senate Committee on Rules, an act to amend

                 Chapter 454 of the Laws of 2002.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Move to accept

                 the report of the Rules Committee, Mr.

                 President.



                                                        5027



                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the report of the

                 Rules Committee signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 report of the Rules Committee is accepted.

                            Senator Morahan.

                            SENATOR MORAHAN:    Yes, Mr.

                 President.  May we have the noncontroversial

                 reading of the 60B supplemental calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will conduct the noncontroversial

                 reading of Supplemental Calendar 60B.

                            THE SECRETARY:    Calendar Number

                 1575, by Senator LaValle, Senate Print 722, an

                 act authorizing the Town of East Hampton,

                 Suffolk County.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.



                                                        5028



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1576, Senator LaValle moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 1553A and substitute it

                 for the identical Senate Bill Number 822A,

                 Third Reading Calendar 1576.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1576, by Member of the Assembly Acampora,

                 Assembly Print Number 1553A, an act to amend

                 the Criminal Procedure Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.



                                                        5029



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.  Nays,

                 2.  Senators L. Krueger and Duane recorded in

                 the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1577, Senator LaValle moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 1849 and substitute it

                 for the identical Senate Bill Number 919,

                 Third Reading Calendar 1577.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1577, by Member of the Assembly Sweeney,

                 Assembly Print Number 1849, an act to amend

                 the Real Property Tax Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.



                                                        5030



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1578, Senator Seward moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8846 and substitute it

                 for the identical Senate Bill Number 1131,

                 Third Reading Calendar 1578.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1578, by the Assembly Committee on Rules,

                 Assembly Print Number 8846, an act to amend

                 the Insurance Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.



                                                        5031



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1579, Senator Leibell moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 6430 and substitute it

                 for the identical Senate Bill Number 1178,

                 Third Reading Calendar 1579.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1579, by Member of the Assembly Galef,

                 Assembly Print Number 6430, an act to amend

                 the Criminal Procedure Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger, to explain her vote.

                            SENATOR LIZ KRUEGER:    Thank you.



                                                        5032



                            Mr. President, I'll be voting no.

                 And just for the record, why shouldn't we just

                 make everyone in New York State who works for

                 anyone a peace officer and then subtract them

                 later?  Now we have animal protection officers

                 as peace officers.

                            Thank you, I vote no.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger will be recorded in the negative.

                            Announce the results.

                            THE SECRETARY:    Ayes, 58.  Nays,

                 2.  Senators Duane and L. Krueger recorded the

                 negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1580, by Senator Trunzo, Senate Print 1370, an

                 act to amend the Public Authorities Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        5033



                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1581, Senator McGee moves to

                 discharge, from the Committee on Finance --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Senator,

                 can we do the sub first?  And then we'll lay

                 the bill aside.

                            SENATOR SCHNEIDERMAN:    Certainly.

                            ACTING PRESIDENT MEIER:    Go

                 ahead.

                            THE SECRETARY:    In relation to

                 Calendar Number 1581, Senator McGee moves to

                 discharge, from the Committee on Finance,

                 Assembly Bill Number 3202 and substitute it

                 for the identical Senate Bill Number 1816,

                 Third Reading Calendar 1581.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            And the bill will be laid aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1582, Senator Hannon moves to



                                                        5034



                 discharge, from the Committee on Finance,

                 Assembly Bill Number 1377A and substitute it

                 for the identical Senate Bill Number 1944A,

                 Third Reading Calendar 1582.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1582, by Member of the Assembly Brodsky,

                 Assembly Print Number 1377A, an act to amend

                 the New York State Medical Care Facilities

                 Finance Agency Act.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1583, by Senator Larkin, Senate Print 2129, an

                 act to amend the Racing, Pari-Mutuel Wagering



                                                        5035



                 and Breeding Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1584, by Senator Seward, Senate Print 2255A,

                 an act --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1585, Senator Connor moves to

                 discharge, from the Committee on Tourism,

                 Recreation and Sports Development, Assembly

                 Bill Number 6297 and substitute it for the

                 identical Senate Bill Number 2925, Third



                                                        5036



                 Reading Calendar 1585.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1585, by Member of the Assembly Glick,

                 Assembly Print Number 6297, an act to amend

                 Chapter 423 of the Laws of 2002.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1586, by Senator Flanagan, Senate Print 2970A,

                 an act to amend the Criminal Procedure Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.



                                                        5037



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1587, by Senator Libous, Senate Print 3126D,

                 an act to amend the Tax Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1588, by Senator Golden, Senate Print --

                            SENATOR GOLDEN:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.



                                                        5038



                            THE SECRETARY:    Calendar Number

                 1589, by Senator Volker, Senate Print 3712, an

                 act to amend the Criminal Procedure Law.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1590, Senator Hannon moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8240 and substitute it

                 for the identical Senate Bill Number 4149,

                 Third Reading Calendar 1590.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1590, by the Assembly Committee on Rules,

                 Assembly Print Number 8240, an act to amend

                 the Public Health Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the



                                                        5039



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1591, Senator Alesi moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8242A and substitute it

                 for the identical Senate Bill Number 4382A,

                 Third Reading Calendar 1591.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1591, by the Assembly Committee on Rules,

                 Assembly Print Number 8242A, an act to

                 authorize the Town of Rush.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.



                                                        5040



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1592, by Senator Marcellino, Senate Print

                 4523, an act to amend the Tax Law.

                            SENATOR MARCELLINO:    Lay it aside

                 for the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    In relation to

                 Calendar Number 1593, Senator Bonacic moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8030 and substitute it

                 for the identical Senate Bill Number 4881,

                 Third Reading Calendar 1593.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1593, by the Assembly Committee on Rules,

                 Assembly Bill Number 8030, an act to amend the

                 Public Housing Law.

                            ACTING PRESIDENT MEIER:    Read the



                                                        5041



                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1594, Senator Bruno moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8543 and substitute it

                 for the identical Senate Bill Number 4901,

                 Third Reading Calendar 1594.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1594, by the Assembly Committee on Rules,

                 Assembly Print Number 8543, an act to amend

                 the Tax Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This



                                                        5042



                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1595, Senator Bruno moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8475 and substitute it

                 for the identical Senate Bill Number 5040,

                 Third Reading Calendar 1595.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1595, by the Assembly Committee on Rules,

                 Assembly Print Number 8475, an act to amend

                 the Tax Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the



                                                        5043



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1596, by Senator Balboni, Senate Print 5048A,

                 an act to amend the Alcoholic Beverage Control

                 Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 45th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 Parker.

                            SENATOR PARKER:    Mr. President,

                 to explain my vote.

                            ACTING PRESIDENT MEIER:    To

                 explain your vote.

                            SENATOR PARKER:    I'm voting yes

                 on this bill.  It's a bill that's really

                 important both for my district and for the



                                                        5044



                 City of New York and the great planet of

                 Brooklyn.

                            It deals with the West Indian Day

                 parade and the carnival that happens every

                 May.  It's going to clear up a great inequity.

                            I really want to also just

                 congratulate and thank the bill's sponsor,

                 Senator Balboni, who in a great understanding

                 of not just bipartisanship but, more

                 importantly, different cultures and how

                 important this is for the economic development

                 of both the borough and the city, has

                 sponsored this bill.  And I wanted to thank

                 him particularly.

                            So I want to encourage everyone to

                 vote yes on this bill.  Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Parker will be recorded in the affirmative.

                            Announce the results.

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1597, by Senator Kuhl, Senate Print 5120, an

                 act to amend the Vehicle and Traffic Law.



                                                        5045



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1598, by Senator DeFrancisco, Senate Print

                 5377, an act to amend the New York City Civil

                 Court Act and others.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 10.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        5046



                 1599, by Senator Hoffmann, Senate Print 5402,

                 an act to amend Chapter 78 of the Laws of 1800

                 relating to establishing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1600, Senator Seward moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8605A and substitute it

                 for the identical Senate Bill Number 5491,

                 Third Reading Calendar 1600.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1600, by the Assembly Committee on Rules,

                 Assembly Print Number 8605A, an act to amend



                                                        5047



                 the Insurance Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1601, by Senator LaValle, Senate Print 5524,

                 an act to amend the Real Property Tax Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        5048



                 1602, by Senator Volker, Senate Print 5556 --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1603, by Senator Farley, Senate Print 5590, an

                 act to amend the Banking Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1604, by Senator Hannon, Senate Print 5599, an

                 act to create a temporary state commission.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 9.  This

                 act shall take effect immediately.



                                                        5049



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1605, by Senator Golden, Senate Print 5613, an

                 act to amend the Election Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1606, by the Senate Committee on Rules, Senate

                 Print Number 5614, an act to amend the

                 Retirement and Social Security Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.



                                                        5050



                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1607, by Senator Velella, Senate Print 5623,

                 an act to amend Chapter 511 of the Laws of

                 1995.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1608, by Senator Hannon, Senate Print 5644, an

                 act to amend the Public Health Law.



                                                        5051



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect April 1, 2004.

                            SENATOR ALESI:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1613, by the Senate Committee on Rules, Senate

                 Print Number 5674, an act to amend Chapter 468

                 of the Laws of 2002.

                            SENATOR MORAHAN:    Mr. President,

                 is there a message of necessity at the desk?

                            ACTING PRESIDENT MEIER:    Yes,

                 there is, Senator Morahan.

                            SENATOR MORAHAN:    I move that we

                 accept the message.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.



                                                        5052



                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message of necessity is accepted.

                            The bill is before the house.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1614, by the Senate Committee on Rules, Senate

                 Print Number 5676, an act to amend Chapter 454

                 of the Laws of 2002.

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Mr. President,

                 is there a message of necessity at the desk?

                            ACTING PRESIDENT MEIER:    There

                 is.

                            SENATOR MORAHAN:    May we move to

                 accept the message.



                                                        5053



                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Morahan, that completes the

                 noncontroversial reading of Supplemental 60B.

                            SENATOR MORAHAN:    Now may we have

                 the controversial reading of Calendar 60B.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will conduct the controversial



                                                        5054



                 reading of Calendar 60B.

                            THE SECRETARY:    Calendar Number

                 1581, substituted earlier today by Member of

                 the Assembly Parment --

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 McGee, Senator Schneiderman has requested an

                 explanation of Calendar 1581.

                            SENATOR McGEE:    Thank you very

                 much, Mr. President.

                            Mr. President, through you, this

                 legislation establishes a demonstration

                 project for the expansion of the number of

                 beds in assisted living facilities which are

                 unable to meet the demand for available beds.

                            ACTING PRESIDENT MEIER:    Senator

                 Sampson.

                            SENATOR SAMPSON:    Mr. President,

                 would the sponsor yield for a few questions.

                            ACTING PRESIDENT MEIER:    Senator

                 McGee, do you yield for a question?

                            SENATOR McGEE:    Most certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.



                                                        5055



                            SENATOR SAMPSON:    Through you,

                 Mr. President, to the sponsor, what counties

                 would be eligible with respect to this

                 legislation?

                            SENATOR McGEE:    The counties that

                 would be eligible are counties that have a

                 designated population range.

                            This is a demonstration project

                 which is a demonstration project for more

                 rural counties.  The population range is

                 110,000 to 150,000.  There's Chautauqua,

                 Jefferson, Ontario, Oswego, St. Lawrence, and

                 Schenectady.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, would the sponsor continue to

                 yield.

                            ACTING PRESIDENT MEIER:    Senator

                 McGee, do you continue to yield?

                            SENATOR McGEE:    Yes, I will.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, what would be the additional

                 cost in Medicaid payments for the increase in

                 these beds?



                                                        5056



                            SENATOR McGEE:    I'm sorry, I

                 didn't hear him.

                            ACTING PRESIDENT MEIER:    Senator

                 Sampson, could you repeat your question?

                            SENATOR SAMPSON:    Through you,

                 Mr. President, once again, what would be the

                 cost in Medicaid dollars for this additional

                 increase in beds, if any?

                            SENATOR McGEE:    The bill requires

                 from the demonstration project that they

                 submit an annual report stating the cost of

                 the program and cost savings to the state and

                 other program specifics.

                            If the findings of such a report do

                 not reflect a cost savings to the state, the

                 program can be terminated immediately.  As it

                 stands right now, it's set to run through the

                 year 2007.

                            There is a short-term fiscal impact

                 that is undetermined at this time.  For the

                 long --

                            SENATOR SAMPSON:    I can't hear.

                 I can't hear the response.

                            ACTING PRESIDENT MEIER:    Can we

                 have some quiet in the chamber so we can



                                                        5057



                 complete these bills.

                            Senator McGee, you can go ahead.

                            SENATOR McGEE:    I don't think my

                 mike is on.  That's why he's not hearing me.

                            Thank you.

                            This bill requires that the

                 demonstration project submit an -- the light

                 is off again.  Could I step to the next desk?

                            ACTING PRESIDENT MEIER:    Go

                 ahead, Senator.

                            SENATOR McGEE:    This bill

                 requires that the demonstration project --

                 it's off again.

                            This bill requires that the

                 demonstration project submit an annual report

                 stating the cost of the program, cost savings

                 to the state, and other program specifics.

                            And if the findings of such a

                 report do not reflect a cost savings to the

                 state, the program can be terminated or may be

                 terminated immediately.

                            As it stands right now, it's

                 scheduled to run to the year 2007.

                            The fiscal impact, there is a

                 short-term fiscal impact which is undetermined



                                                        5058



                 at this time.

                            For the long term, assisted living

                 programs will prevent the need of more costly

                 care, resulting in greater cost savings to the

                 state.

                            SENATOR SAMPSON:    So through you,

                 Mr. President, will the sponsor continue to

                 yield?

                            ACTING PRESIDENT MEIER:    Senator

                 McGee, do you continue to yield?

                            SENATOR McGEE:    I certainly will.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SAMPSON:    Through you,

                 Mr. President.  So if there is no cost savings

                 to the state, are you saying it will be

                 terminated at some point in time?

                            SENATOR McGEE:    That's the

                 purpose of the demonstration project.

                 Assisted living facilities are really

                 up-and-coming things in the state of New York,

                 and I think extremely important because they

                 do in fact keep that individual during that

                 period of the time of their life.

                            Is there a determined cost at this



                                                        5059



                 time?  No, because that's a demonstration

                 project.  But it will be watched.  They have

                 to submit a report.

                            SENATOR SAMPSON:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1584, by Senator Seward, Senate Print 2255A,

                 an act to enact the Oneida [sic] city school

                 district public construction flexibility

                 demonstration project act.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Seward, Senator Schneiderman has requested an

                 explanation.



                                                        5060



                            SENATOR SEWARD:    Certainly, Mr.

                 President.

                            In all due respect to our clerk,

                 it's the Oneonta City School District.

                 Another Indian name.

                            But seriously, this bill has been

                 introduced at the request of the Oneonta City

                 School District, which is about to embark on

                 an approximately $14 million rehabilitation

                 project covering five different school

                 buildings.  It's going to require a

                 considerable coordination.

                            And this bill, which is called the

                 "Oneonta City School District Public

                 Construction Demonstration Project Act," would

                 give the school district the flexibility to

                 either go with a single contractor to assist

                 with this coordination or the standard

                 multiple-contractor route.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  If the sponsor would yield for

                 a question.

                            ACTING PRESIDENT MEIER:    Senator



                                                        5061



                 Seward, do you yield?

                            SENATOR SEWARD:    Certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Is there anything in this bill that

                 would require or mandate a project labor

                 agreement for the work contemplated?

                            SENATOR SEWARD:    Mr. President,

                 there is nothing in the bill that would

                 require a PLA, nor would it prohibit it.  It

                 gives the school district flexibility.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Mr. President, on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    Thank the

                 sponsor.

                            The problem with not mandating a

                 project labor agreement is that this bill is

                 not going to ensure that it will limit

                 competition, corruption and inadequate quality

                 of construction, which is the language in the

                 sponsor's memo.  In the absence of a project

                 labor agreement, it doesn't appear that that



                                                        5062



                 will actually be the case.

                            So I appreciate the fact that the

                 Oneonta school district wants more

                 flexibility, but we have a system of laws in

                 place to ensure competition and fair play and

                 adequate payment for good quality work.  And

                 I'm afraid this legislation would cut against

                 that tradition in New York State, so I am

                 going to be voting against it.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 Stachowski.

                            SENATOR STACHOWSKI:    Mr.

                 President, to explain my vote.

                            I'm going to vote against this bill

                 even though I believe that the object of it is

                 a good idea.  But we've had two great examples

                 so far of school projects done with Wicks left



                                                        5063



                 out.

                            The New York City project left

                 Wicks out, didn't have any labor agreements,

                 and we've had every violation that they ever

                 put Wicks in for happened in the New York City

                 project.  Most of them weren't reported in the

                 written reports, but they happened --

                 substandard wiring, contractors that they

                 didn't want to get business for various

                 reasons, et cetera.

                            In Niagara Falls, on the other

                 hand, we had the exclusion from Wicks, but

                 with a project labor agreement.  Buffalo has

                 in their legislation an understanding about a

                 project labor agreement that everyone except

                 the county executive in Erie County

                 understands is in there.

                            I was hoping that when the question

                 came up from Senator Schneiderman that Senator

                 Seward would say there was an understanding

                 that there will be some kind of agreement with

                 the various labor unions in the area.

                            Because there isn't any kind of

                 understanding of that nature, I'm going to

                 oppose the bill, vote no.



                                                        5064



                            ACTING PRESIDENT MEIER:    Senator

                 Stachowski will be recorded in the negative.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1584 are

                 Senators Breslin, L. Krueger, Montgomery,

                 Onorato, Schneiderman, and Stachowski.  Ayes,

                 54.  Nays, 6.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1588, by Senator Golden, Senate Print 3346A,

                 an act to amend the Education Law and others.

                            SENATOR MORAHAN:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside temporarily.

                            THE SECRETARY:    Calendar Number

                 1589, by Senator Volker, Senate Print 3712, an

                 act to amend the Criminal Procedure Law.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            SENATOR MORAHAN:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside temporarily.



                                                        5065



                            THE SECRETARY:    Calendar Number

                 1602, by Senator Volker, Senate Print 5556, an

                 act to amend the Mental Hygiene Law and

                 others.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, an explanation has been requested --

                            SENATOR VOLKER:    Lay them aside

                 just for a second, okay.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside temporarily.

                            Senator Morahan.

                            SENATOR MORAHAN:    Mr. President,

                 on the Supplemental Calendar 60A, could we

                 take up Calendar 1569, please.

                            ACTING PRESIDENT MEIER:    On

                 Supplemental Calendar 60A, the Secretary will

                 read Calendar 1569.

                            THE SECRETARY:    In relation to

                 Calendar Number 1569, Senator Padavan moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8956 and substitute it

                 for the identical Senate Bill Number 5576,

                 Third Reading Calendar 1569.



                                                        5066



                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1569, by the Assembly Committee on Rules,

                 Assembly Print Number 8956, an act to amend

                 the Private Housing Finance Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Morahan.

                            SENATOR MORAHAN:    Yes, Mr.

                 President.  If we could take up the

                 noncontroversial reading of Supplemental 2,

                 the active list, starting with Calendar 1096.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will conduct the noncontroversial

                 reading of Supplemental Active List Number 2.



                                                        5067



                            THE SECRETARY:    Calendar Number

                 1096, substituted earlier today by Member of

                 the Assembly Burling, Assembly Print Number

                 6095A, an act to amend the Tax Law.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1323, by Senator Johnson, Senate Print 5345,

                 an act to amend the Tax Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        5068



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1333, by Senator Libous, Senate Print 5419, an

                 act to amend the Tax Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Morahan, that completes

                 Supplemental Active List Number 2.

                            SENATOR MORAHAN:    Mr. President,

                 could you call up Calendar 1610, from

                 Supplemental Calendar 60B.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1610, by Senator Morahan, Senate Print 5657,



                                                        5069



                 an act to authorize.

                            SENATOR MORAHAN:    Is there a

                 message at the desk, Mr. President?

                            ACTING PRESIDENT MEIER:    There

                 is.

                            SENATOR MORAHAN:    I move that we

                 accept that message.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill



                                                        5070



                 is passed.

                            Senator Liz Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  I'd like to request unanimous

                 consent to change my vote to negative on

                 Calendar 1596, 5048A.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator L. Krueger will be recorded

                 in the negative on Calendar 1596.

                            Senator Sabini.

                            SENATOR SABINI:    Mr. President, I

                 ask unanimous consent to also be recorded in

                 the negative on Calendar 1596, Senate 5048A.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Sabini will be recorded in

                 the negative on Calendar 1596.

                            Senator Stavisky.

                            SENATOR STAVISKY:    Mr. President,

                 with unanimous consent I would appreciate

                 being recorded in the negative on Calendar

                 1584, Senate 2255A.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Stavisky will be recorded

                 in the negative on Calendar 1584.

                            Senator Padavan.



                                                        5071



                            SENATOR PADAVAN:    By unanimous

                 consent, I'd like to be recorded in the

                 negative on 1596.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Padavan will be recorded in

                 the negative on Calendar 1596.

                            Senator Morahan.

                            SENATOR MORAHAN:    Mr. President,

                 can we at this time take up Calendar Number

                 1602, on the supplemental calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1602, on

                 Supplemental Calendar 60B.

                            THE SECRETARY:    Calendar Number

                 1602, by Senator Volker, Senate Print 5556, an

                 act to amend the Mental Hygiene Law and

                 others.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, Senator Schneiderman has requested an

                 explanation.

                            SENATOR VOLKER:    Right.  Mr.

                 President, I apologize.  The reason that we

                 had some difficulty here is I didn't realize



                                                        5072



                 this bill is coming up today.  I wanted to

                 make sure that this year's bill was the same

                 bill as in the past.

                            And we have checked it out, and it

                 is the same bill.  It's a gubernatorial

                 program bill which deals with the issue of

                 sexually violent predators and the civil

                 commitment of sexually violent predators.

                            This bill passed the Senate several

                 times.  It passed the Senate in 2001 and also

                 passed the Senate in 2002, I believe.

                            At any rate, this bill relates to

                 the issue of people who are in certain classes

                 of sexual predators, which are defined in the

                 bill, who are committed to prison and then as

                 they are about to be released can then be kept

                 in prison in a confined manner for a period of

                 time for the safety of the public.

                            The interesting thing about this

                 now -- it's been tested, by the way, by the

                 federal courts on a number of occasions.

                 Senator Hoffmann had a bill that dealt with

                 the commitment that was provided by -- I think

                 it was Washington.  I don't remember anymore.

                 But Ken Connolly, who was then my counsel, who



                                                        5073



                 is now the counsel to the DCJS, Department of

                 Criminal Justice Services, drafted a bill for

                 me back in the '90s that dealt with this issue

                 and was, I believe, the first bill that was

                 drafted in this state.

                            And although this bill that is

                 printed this year is not exactly the same

                 because of court cases, it is very similar to

                 the bill that was originally drafted by us a

                 number of years ago.

                            And as I say, it provides for a

                 process for people who are about to be

                 released from prison to be kept in custody

                 until they are considered to be allowed to

                 come back into society.  It provides

                 protections for those people, allows all sorts

                 of provisions that deal with the predators

                 themselves as well as to protect the public.

                            And I think that it's a bill

                 that -- and I personally believe ultimately

                 will become law.  Although I realize that it

                 is a provision that will get some civil

                 libertarians very upset and has in the past

                 done that.

                            So that, basically, is what we're



                                                        5074



                 talking about here.  It is virtually the same

                 bill as last year except for a few minor

                 changes that relate to court cases and numbers

                 and so forth.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  If the sponsor would yield for

                 a few questions.

                            SENATOR VOLKER:    Certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SCHNEIDERMAN:    What are

                 the provisions for a hearing or right to

                 counsel in this piece of legislation?

                            SENATOR VOLKER:    A person that

                 has -- in fact, the rights to counsel are

                 specifically listed in the bill.  And the

                 person all the way through the process has the

                 right to counsel.  The notification processes

                 are in place.  And the person has a right to

                 be represented through the entire proceeding.

                            I like to say it's something akin,

                 almost, to the proceedings for -- in death

                 penalty cases, although it's a little more



                                                        5075



                 extreme.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            I'd like to thank the sponsor.

                            Mr. President, on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    This is a

                 difficult area of law for many of us because

                 this provides for civilly confining someone

                 after they have served their prison sentence.

                            And it does provide for substantial

                 due process protections.  But as has been

                 pointed out in the past when dealing with

                 attempts to pass laws like this, you really

                 are punishing someone not for something that

                 they've done -- because they've already paid

                 the price for whatever wrong brought them to

                 prison in the first place -- but for what they

                 may do or what we think they might do, which

                 is a very troublesome concept to many of us.

                            I think the most serious flaw in

                 this process that I see is that in our state

                 the right to counsel in many respects for far

                 too many New Yorkers is really an illusory

                 right.  We don't get -- and we have raised the



                                                        5076



                 18-B rates this year, but we still aren't

                 providing the kinds of legal services that the

                 indigent need.  And I'm concerned that in

                 civil contexts as well as in the criminal

                 context, and certainly in the case of a civil

                 commitment, we have an increasing disparity in

                 the representation of New Yorkers in our court

                 system.

                            I hope that we can go forward and

                 attempt to address it.  I think many of us

                 have reluctantly supported this bill in the

                 past and rely to a great extent on the fact

                 that it does provide quite elaborate -- or not

                 elaborate, but appropriately elaborate due

                 process protections.

                            The problem is we have a crisis of

                 counsel for poor people in this state.  And

                 this is part of a much larger problem.  And

                 it's something that we have not addressed this

                 year.  In fact, we are probably making it

                 worse because of a pass-along effect of many

                 jurisdictions, including the City of New York,

                 are going to be hard-pressed to maintain some

                 of the legal services that are currently being

                 provided.



                                                        5077



                            So I appreciate Senator Volker's

                 efforts to make this bill as fair as possible.

                 But until we deal with the problem of unfair

                 disparities in legal representation in this

                 state, none of these procedures is really

                 going to be as good as it should be.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Montgomery.

                            SENATOR MONTGOMERY:    Yes, Mr.

                 President, would Senator Volker yield for --

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you yield for a question?

                            SENATOR VOLKER:    Sure.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR MONTGOMERY:    Senator

                 Volker, yes, I note that there is an

                 elaborate, a very extensive process for

                 determination.  But it seems to refer to a

                 commitment within DOCS where there will be a

                 certain kind of treatment.

                            SENATOR VOLKER:    Right.

                            SENATOR MONTGOMERY:    And I'm just

                 wondering, what is the protocol for treatment



                                                        5078



                 of a person in this category, and do we have

                 people in DOCS or do we anticipate having

                 people in DOCS who will be treating this

                 particular category of offender?

                            SENATOR VOLKER:    The answer is

                 yes.  In fact, as you know, Mental Health has

                 a number of facilities that are part of

                 correctional services.

                            And when we first designed this

                 bill, we even identified a potential prison

                 where it already has a mental health

                 component.

                            But what would happen, if this bill

                 were to become law, we would set up -- within

                 a short period of time, you would have to set

                 up a place, a specific location where these

                 people would be housed.

                            Now, keep in mind that this would

                 not apply to people who are incarcerated

                 beforehand, this would be, obviously, people

                 who were incarcerated after the beginning of

                 this law, so you would have some time.

                            But it was anticipated that both

                 the Department of Corrections, Mental Health,

                 and one other -- oh, Department of Health and



                                                        5079



                 Department of Mental Health, I'm sorry, all

                 three would get together and set up a special

                 place for these people, probably a separate

                 section of the prison system.

                            And at the time, there was one

                 prison in mind.  And the reason I think it's

                 probably better not to mention it is because

                 that probably has shifted -- that is, since

                 then, where it would be.

                            And admittedly, there's -- there's

                 considerable cost to this.  We're not denying

                 that.  Because to make up specially housed

                 people is not cheap.

                            But I think the theory is that if

                 you do that, you also, by the way, are helping

                 these people to get cured or if it is possible

                 to cure these people themselves, and would

                 become somewhat of an experimental facility, I

                 think, to try to treat people who are sexual

                 predators and who are, you know, sexually

                 criminally ill.

                            SENATOR MONTGOMERY:    Mr.

                 President, if Senator Volker would continue to

                 yield.

                            ACTING PRESIDENT MEIER:    Senator



                                                        5080



                 Volker, do you continue to yield?

                            SENATOR VOLKER:    Certainly.

                 Sure.

                            SENATOR MONTGOMERY:    Yes, Senator

                 Volker, this essentially could result in a

                 lifetime of imprisonment, depending on what --

                 the verdict of the counsel that you set up in

                 the legislation.

                            And so since we have at this

                 current time basically no facility that I'm

                 aware of in DOCS that adequately treats

                 mentally ill inmates except in the SHUs -- I

                 mean, most of our really seriously mentally

                 ill inmates are in fact treated in SHUs, where

                 they are locked in a cell for 23 hours a day.

                            And so if we do this legislation

                 and you -- the bill indicates that people who

                 are already incarcerated, when they are ready

                 to be released, they go through this process.

                 And if they are found to be in this category,

                 this predatory category, they could then be

                 recommitted under this for a civil

                 incarceration, possibly for a lifetime.  But

                 we have no facility to treat them, based on

                 your legislation here, because right now we



                                                        5081



                 only have the SHUs.

                            SENATOR VOLKER:    Well, Senator, I

                 think you're -- you're certainly -- there's a

                 confusion between SHUs and our mental health

                 facilities.  SHUs are not for mental health

                 people, they are for people that either commit

                 crimes in prison or are at prisons that create

                 problems.  And they're not necessarily kept

                 there for 23 hours.  That's newspaper

                 mythology.  These people can -- most of the

                 people only stay in there for a period of time

                 until they can get themselves the back on

                 track.

                            We have mental health facilities

                 within our prisons where people are watched

                 over and taken care of and so forth if they're

                 in particularly severe shape.  Because one

                 thing I think people don't seem to realize

                 about SHUs, those SHUs are also for the

                 protection of the other inmates.

                            It used to be that I used to have

                 complaints constantly by inmates when I

                 traveled to the prisons about inmates who were

                 there who were attacking them or were

                 dangerous and so forth.



                                                        5082



                            So one of the things that I think

                 has not been realized is that we already have

                 mental health facilities where inmates are

                 specially taken care of because they have some

                 major problems.

                            Now, Clinton Correctional has some

                 special areas in it.  And we anticipated, if

                 this bill were passed -- and by the way, if

                 you notice the expected date, you'll see it's

                 January 1st after it shall become law.  And

                 there's a reason for that, to give you some

                 lead time, should this happen, to get things

                 in place for more people.

                            But of course it wouldn't happen

                 right away, because you'd have to have people

                 convicted and it would be years, for the most

                 part, before these people would actually be

                 civilly committed anyways.  You know what I

                 mean?  Most of the people will be arrested

                 here and convicted are people who probably

                 will be sentenced to 10 to 20 years, or

                 certainly seven to whatever, because they are

                 severe felons.  So we're not just talking

                 about ordinary people who go to prison for

                 fairly minor offenses.



                                                        5083



                            So I think you have to practically

                 look at this that there's no rush to set up a

                 special mental health facility, because you

                 will have plenty of that time to do that.  But

                 the anticipation is that someplace like

                 Clinton would be set up where these people in

                 effect would be isolated in the prison system

                 from the other inmates so that they could get,

                 in a sense, better treatment and that they

                 would keep the other inmates safe.

                            Because that's another part of the

                 problem that we have, is that it's not just

                 the inmates themselves, and maybe protect them

                 from themselves, but also the other inmates

                 who are in the prison system.

                            SENATOR MONTGOMERY:    Thank you,

                 Mr. President.  Briefly on this legislation.

                            I think that there are many aspects

                 of this issue that concern me, but just a

                 couple of them I will mention.

                            One is at the current time the

                 prison system is not -- does not have the

                 capacity to actually treat people for whatever

                 their mental illness, and that includes

                 sexually violent people.



                                                        5084



                            The legislation that we are

                 discussing here seems to be targeting a

                 particular kind of criminal activity.  It is

                 criminal activity that is both sexually

                 motivated violent behavior and mentally ill.

                 So it's a dual diagnosis, and it requires --

                 my assumption is that it requires a dual

                 approach.

                            One approach, which we already have

                 in place, is incarceration.  People are

                 incarcerated already based on their sexually

                 violent predatory behavior.

                            The bill, however, goes a step

                 further to say that we should not only

                 incarcerate them for the crime, but we should

                 also keep them incarcerated, up to a lifetime

                 sentence, based on the mental illness that is

                 associated with their criminal behavior.  Yet

                 we do not have the capacity, nor have we

                 planned for any process whereby this type of

                 person would actually receive mental health

                 services.

                            In addition, I am concerned that we

                 include in this legislation specifically

                 youthful offenders who are also incarcerated



                                                        5085



                 or who are judged to be sexually violent

                 predators who are mentally ill.

                            So there are too many unanswered

                 questions.  We are not at this point prepared

                 to deal with the people that we are intending

                 to incarcerate under this legislation.  There

                 is -- as far as I know, there is not even a

                 protocol for how we deal with this

                 particularly -- this particular category of

                 mental illness.

                            So I'm going to vote no on this

                 legislation because I just think that to take

                 such a drastic step as creating a lifetime

                 incarceration for a particular category of

                 people, where we have not even begun to figure

                 out a process whereby we are going to provide

                 treatment, how or where, I just think it is

                 premature.  We should not be legislating this

                 kind of an approach without a better plan.

                            So I'm going to vote no.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker.

                            SENATOR VOLKER:    Mr. President,

                 very quickly.

                            Senator, I think next year when we



                                                        5086



                 have a little time I'd like to take you over

                 to the Correction Department and give you a

                 briefing on the amount of training and the

                 changes that have come in the Correction

                 Department in the last ten years with the MHUs

                 and all the various mental health people that

                 we have in the system.

                            Part of that came about because we

                 were having so many problems in the system

                 between inmates and the complaints were so

                 prevalent.  The media has never zeroed in on

                 it, because we just don't talk about it.  And

                 it's not something that we certainly want to

                 brag about, that we have a lot of people in

                 our system who have enormous emotional

                 problems.

                            Many of those people already are

                 sexual predators.  So I guess my disagreement

                 with you is -- the interesting thing about

                 this is this bill could, I think, be very,

                 very important to deal with people that are in

                 a high degree of vulnerability, as they call

                 it, not only for themselves but also for the

                 people of this state.  Because we could really

                 begin to do something about the recidivism of



                                                        5087



                 sexual predators, which is extremely high.

                            There is, under Glenn Goord, who I

                 happen to consider the best correction

                 commissioner we've ever had here -- and I've

                 been involved with a lot of them -- and a very

                 forward-thinking fellow, I don't think that

                 there's ever been a progress in mental health

                 or certainly in health that has been made in

                 our prison system as has been made.

                            And I understand your reluctance,

                 and I understand all of that.  But I have to

                 tell you something.  Our prison system is a

                 whole different place than it was ten, fifteen

                 years ago.  And if there's anything I think

                 this governor can take great pride in is the

                 fact that, as governor, his people really made

                 enormous and favorable changes in the prison

                 system.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 12.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        5088



                            THE SECRETARY:    Ayes, 59.  Nays,

                 2.  Senators Duane and Montgomery recorded in

                 the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Morahan.

                            SENATOR MORAHAN:    Yes, Mr.

                 President.  Can we take up Calendar 1609 from

                 Supplemental List 60B.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1609.

                            THE SECRETARY:    In relation to

                 Calendar Number 1609, Senator Fuschillo moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 9028 and substitute it

                 for the identical Senate Bill Number 5656,

                 Third Reading Calendar 1609.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1609, by the Assembly Committee on Rules,

                 assembly Print Number 9028, an act to amend

                 the Village Law.

                            ACTING PRESIDENT MEIER:    Read the



                                                        5089



                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Morahan.

                            SENATOR MORAHAN:    Mr. President,

                 are there any substitutions at the desk?

                            ACTING PRESIDENT MEIER:    Yes,

                 there are, Senator.  You want us to do those

                 now?

                            SENATOR MORAHAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the substitutions.

                            THE SECRETARY:    On page 29,

                 Senator Volker moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 8111

                 and substitute it for the identical Senate

                 Bill Number 238, Third Reading Calendar 825.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.



                                                        5090



                            SENATOR PADAVAN:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan.

                            SENATOR PADAVAN:    May I request

                 unanimous consent to be recorded in the

                 negative on Calendar 1583, Senate Bill 2129.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Padavan will be recorded in

                 the negative on Calendar 1583.

                            Senator Morahan.

                            SENATOR MORAHAN:    Mr. President,

                 on Supplemental Calendar 60B, I'd like to lay

                 aside for the day Calendar 1589, by Senator

                 Volker.

                            ACTING PRESIDENT MEIER:    Calendar

                 1589 will be laid aside for the day.

                            Senator Morahan.

                            SENATOR MORAHAN:    Mr. President,

                 please recognize Senator Balboni.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.

                            SENATOR MORAHAN:    In a minute.

                            SENATOR BALBONI:    Mr. President,

                 I would request unanimous consent to vote in

                 the negative on Senate Bill 2129, Calendar



                                                        5091



                 5183.  Thank you.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Balboni will be recorded in

                 the negative on Calendar 1583.

                            Senator Morahan.

                            SENATOR MORAHAN:    Yes, Mr.

                 President.  For the information of the

                 members, we'll be standing at ease for the

                 next few minutes.

                            SENATOR ALESI:    The Senate will

                 stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 5:19 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Would you

                 recognize our colleague Senator Marcellino,

                 please, for a great announcement.

                            ACTING PRESIDENT MEIER:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Thank you,

                 Senator Morahan.

                            I would like unanimous consent to

                 be recorded in the negative on Calendar Number

                 1583.



                                                        5092



                            ACTING PRESIDENT MEIER:    No.

                            Without objection -- without

                 objection, Senator Marcellino will be recorded

                 in the negative on Calendar 1583.

                            SENATOR MARCELLINO:    Thank you,

                 Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Saland.

                            SENATOR SALAND:    Mr. President, I

                 would request unanimous consent to be recorded

                 in the negative on Calendar Number 1583,

                 Senate 2129.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Saland will be recorded in

                 the negative on 1583.

                            Senator Morahan.

                            SENATOR MORAHAN:    Thank you, Mr.

                 President.

                            There will be an immediate meeting

                 of the Rules Committee in the Majority

                 Conference Room.

                            ACTING PRESIDENT MEIER:

                 Immediate meeting of the Rules Committee in

                 the Majority Conference Room.

                            SENATOR MORAHAN:    The Senate will



                                                        5093



                 stand at ease.

                            ACTING PRESIDENT MEIER:    The

                 Senate will continue to stand at ease.

                            (Whereupon, the Senate reconvened

                 at 6:17 p.m.)

                            SENATOR MORAHAN:    Madam

                 President, could we return to reports of

                 standing committees.

                            I believe there's a report of the

                 Rules Committee at the desk.

                            ACTING PRESIDENT McGEE:    Yes.

                            The Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 385A, by Senator

                 Saland, an act to amend the Public Health Law;

                            2696A, by Senator Mendez, an act to

                 amend the Real Property Tax Law;

                            2697A, by Senator Mendez, an act to

                 amend the State Finance Law;

                            2735A, by Senator Padavan, an act

                 to amend the Environmental Conservation Law;

                            3332A, by Senator LaValle, an act

                 to amend the Education Law;



                                                        5094



                            3556, by Senator Bruno, an act

                 authorizing;

                            3801A, by Senator Wright, an act to

                 amend the Public Authorities Law;

                            4518A, by Senator Robach, an act to

                 amend the Correction Law;

                            4633B, by Senator Fuschillo, an act

                 to amend the Insurance Law;

                            5037A, by Senator McGee, an act to

                 amend the Tax Law;

                            5183, by Senator Volker, an act to

                 amend the Insurance Law;

                            5352, by Senator Padavan, an act to

                 amend the Administrative Code of the City of

                 New York;

                            5353, by Senator Padavan, an act to

                 amend the Administrative Code of the City of

                 New York;

                            5378B, by Senator Alesi, an act to

                 amend the Insurance Law;

                            5542, by Senator Hannon, an act to

                 amend;

                            5643, by the Senate Committee on

                 Rules, an act to amend the Public Authorities

                 Law;



                                                        5095



                            5654, by Senator Robach, an act to

                 amend the Education Law;

                            5673A, by Senator Wright, an act to

                 amend the Energy Law;

                            5679, by Senator Little, an act to

                 amend the Economic Development Law;

                            5681, by Senator Golden, an act to

                 amend the Education Law;

                            And Senate Print 5684, by Senator

                 A. Smith, an act to amend Chapter 261 of the

                 Laws of 1988.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Move we accept

                 the report, Madam President.

                            ACTING PRESIDENT McGEE:    All in

                 favor of accepting the report signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The



                                                        5096



                 report of the Rules Committee is accepted.

                            SENATOR MORAHAN:    Can we take a

                 moment until the calendars get out before we

                 start the noncontroversial reading.

                            ACTING PRESIDENT McGEE:    Senator

                 Stavisky.

                            SENATOR STAVISKY:    Madam

                 President, with unanimous consent I would like

                 to be recorded in the negative on Calendar

                 1596, Senate 5048A.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR STAVISKY:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Little.

                            SENATOR LITTLE:    Thank you, Madam

                 President.  If I may, by unanimous consent,

                 could I be recorded in the negative on

                 Calendar 814, Calendar 1494, and Calendar

                 1509.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR LITTLE:    Without

                 objection.  Thank you.

                            ACTING PRESIDENT McGEE:    Senator



                                                        5097



                 Morahan.

                            SENATOR MORAHAN:    Yes, Madam

                 President, can we start the noncontroversial

                 reading of the calendar, Supplemental Calendar

                 60C, and call for a little order in the house.

                            ACTING PRESIDENT McGEE:    Can we

                 have some quiet, please.  Thank you.

                            The Secretary will read.

                            THE SECRETARY:    In relation to

                 Calendar Number 1615, Senator Saland moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 1108A and substitute it

                 for the identical Senate Bill Number 385A,

                 Third Reading Calendar 1615.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1615, by Member of the Assembly Weisenberg,

                 Assembly Print Number 1108A, an act to amend

                 the Public Health Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.



                                                        5098



                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1616, Senator Mendez moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 6348A and substitute it

                 for the identical Senate Bill Number 2696A,

                 Third Reading Calendar 1616.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1616, by Member of the Assembly Powell,

                 Assembly Print Number 6348A, an act to amend

                 the Real Property Tax Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first of

                 September.

                            ACTING PRESIDENT McGEE:    Call the



                                                        5099



                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Senator

                 Liz Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                 To explain my vote, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Liz Krueger, to explain her vote.

                            SENATOR LIZ KRUEGER:    Well, since

                 yesterday I was complaining about the fact

                 that we were passing a law to increase the

                 level for low-income seniors who own their

                 homes to $24,000, I feel that I should at

                 least, when I get up to vote yes today, say

                 that I am very pleased that this house is at

                 minimum raising the SCRIE program to the same

                 level of $24,000.

                            Although, for the record, we should

                 be doing it to a minimum of $30,000 and

                 including the disabled.  But I am very pleased

                 that at the last minute we are passing this

                 bill today.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Liz Krueger will be recorded in the



                                                        5100



                 affirmative.

                            Announce the results.

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1617, Senator Mendez moves to

                 discharge, from the Committee on Finance,

                 Assembly Bill Number 9057 and substitute it

                 for the identical Senate Bill Number 2697A,

                 Third Reading Calendar 1617.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1617, by the Assembly Committee on Rules,

                 Assembly Print Number 9057, an act to amend

                 the State Finance Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        5101



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            SENATOR MORAHAN:    Madam

                 President, would you recognize Senator Mendez,

                 please.

                            ACTING PRESIDENT McGEE:    Senator

                 Mendez.

                            SENATOR MENDEZ:    Madam President,

                 I think that this is a very important bill,

                 primarily for all the minority communities in

                 the State of New York.

                            But I also do know that many other

                 nonminority members here would like to partake

                 and be cosponsors of this bill.  So I really

                 want to let all my colleagues know that any

                 one of you who want to be a cosponsor to this

                 bill, please do so, advise the clerk.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Madam

                 President, Senator Mendez would like to have

                 all members who care to be on that bill as

                 cosponsors to be listed.  Those who do not



                                                        5102



                 will notify the desk.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan.

                            SENATOR MORAHAN:    I believe we

                 would like to recognize Senator

                 Hassell-Thompson, please.

                            ACTING PRESIDENT McGEE:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Are

                 you ready for me?

                            ACTING PRESIDENT McGEE:    Ready.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you.  Thank you, Madam President.

                            Today happens to be a twenty-year

                 anniversary again.  When I spoke earlier, I

                 talked about having served on the Governor's

                 Advisory for Apprenticeship and Training.

                            But at that same time, I also had

                 the privilege of serving on the Minority and

                 Women Business Economic Development for the

                 State of New York.  And one of the activities

                 during that period was to work with each of

                 the state agencies to create and promulgate

                 language for this bill.

                            I am very proud of you, Senator



                                                        5103



                 Mendez, because 20 years ago we did not have

                 legislators that were ready to come forward

                 and to create a bill and do a legislative

                 initiative that would make this law.  And in

                 those 20 years, we've come a long way.  And

                 the importance of our procurement and

                 reporting is very critical.  And that is a

                 major piece of this bill.

                            ACTING PRESIDENT McGEE:    Can we

                 have some quiet when one of our members is

                 speaking, please.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you.

                            The reporting piece becomes very

                 important.  And so does the disparity study.

                 Because there is the common belief, which is

                 not true, that we have reached a period where

                 we do not need to have special consideration

                 for women and minorities who want to do

                 business with the State of New York and who

                 want to survive in the world of business.

                            And so this bill goes a long way

                 toward opening up those opportunities.  And I

                 just am appreciative of you, Senator Mendez,

                 for taking the initiative, along with



                                                        5104



                 Assemblyman Towns, to give us the best

                 possible entryway for this bill that is

                 possible.  It means that the last 20 years

                 have not been in vain.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1618, by Senator Padavan, Senate Print 2735A,

                 an act to amend the Environmental Conservation

                 Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            SENATOR MORAHAN:    Lay it aside.

                            ACTING PRESIDENT McGEE:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1619, Senator LaValle moves to

                 discharge, from the Committee on Rules,



                                                        5105



                 Assembly Bill Number 5580A and substitute it

                 for the identical Senate Bill Number 3332A,

                 Third Reading Calendar 1619.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1619, by Member of the Assembly Canestrari,

                 Assembly Print Number 5580A, an act to amend

                 the Education Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1620, by Senator Bruno, Senate Print 3556, an

                 act authorizing the South Glens Falls Central

                 School District.

                            ACTING PRESIDENT McGEE:    Read the



                                                        5106



                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1621, by Senator Wright, Senate Print 3801A,

                 an act to amend the Public Authorities Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1622, Senator Robach moves to

                 discharge, from the Committee on Rules,



                                                        5107



                 Assembly Bill Number 8798 and substitute it

                 for the identical Senate Bill Number 4518A,

                 Third Reading Calendar 1622.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1622, by the Assembly Committee on Rules,

                 Assembly Print Number 8798, an act to amend

                 the Correction Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1623, by Senator Fuschillo, Senate Print

                 4633B, an act to amend the Insurance Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.



                                                        5108



                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1624 --

                            ACTING PRESIDENT McGEE:    Can we

                 have some quiet, please.  Thank you.

                            The Secretary will read.

                            THE SECRETARY:    In relation to

                 Calendar Number 1624, Senator McGee moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8528A and substitute it

                 for the identical Senate Bill Number 5037A,

                 Third Reading Calendar 1624.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1624, by the Assembly Committee on Rules,

                 Assembly Print Number 8528A, an act to amend



                                                        5109



                 the Tax Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1625, Senator Volker moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8593 and substitute it

                 for the identical Senate Bill Number 5183,

                 Third Reading Calendar 1625.

                            ACTING PRESIDENT McGEE:

                 Substitution or ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1625, by the Assembly Committee on Rules,

                 Assembly Print Number 8593, an act to amend

                 the Insurance Law.

                            ACTING PRESIDENT McGEE:    Read the



                                                        5110



                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1626, by Senator Padavan, Senate Print 5352,

                 an act to amend the Administrative Code of the

                 City of New York.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1627, by Senator Padavan, Senate Print 5353,



                                                        5111



                 an act to amend the Administrative Code of the

                 City of New York.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1628, by Senator Alesi, Senate Print 5378B, an

                 act to amend the Insurance Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        5112



                            THE SECRETARY:    In relation to

                 Calendar Number 1629, Senator Hannon moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8874 and substitute it

                 for the identical Senate Bill Number 5542,

                 Third Reading Calendar 1629.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1629, by the Assembly Committee on Rules,

                 Assembly Print Number 8874, an act to amend

                 Chapter 384 --

                            ACTING PRESIDENT McGEE:    I'm

                 sorry.  Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1630, by the Senate Committee on Rules, Senate



                                                        5113



                 Print Number 5643, an act to amend the Public

                 Authorities Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1636, Senator A. Smith moves

                 to discharge, from the Committee on Rules,

                 Assembly Print Number 7233A and substitute it

                 for the identical Senate Bill Number 5684,

                 Third Reading Calendar 1636.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1636, by Member of the Assembly Destito,

                 Assembly Print Number 7233A, an act to amend

                 Chapter 261 of the Laws of 1988.



                                                        5114



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Smith.

                            SENATOR MALCOLM SMITH:    Yes,

                 Madam President, just briefly on the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Smith, on the bill.

                            SENATOR MALCOLM SMITH:    To

                 explain my vote, I'm sorry.

                            This particular bill that Senator

                 Smith and many of the colleagues in the Senate

                 put together over the last year or so is the

                 extension or the renewal of Article 15A.  It

                 actually sisters the bill that Senator Mendez

                 has put forward.

                            And what this bill will allow for,

                 which is important to many businesses



                                                        5115



                 throughout the state of New York, is a level

                 of participation in addition to a level of

                 monitoring.

                            What I do rise to do, though, is to

                 do something that doesn't often happen, and

                 that is to thank some of the individuals who

                 were very much involved in the preparation of

                 this bill, those who have been behind the

                 scenes.  Where you might see myself and other

                 colleagues like myself who stand before you

                 and represent our interests and our function

                 in the process, there are individuals who

                 behind the scenes drive a lot of what goes on

                 here.

                            And I wanted to thank personally

                 someone who worked for me who is also a

                 fellow, and that is Chris Labarge, who was in

                 the chambers tonight.  He has followed this

                 bill quite some time.  Edna Jackson was part

                 of the Program Office, in addition to Mark

                 Leinung.  There are a number of other

                 individuals who I know have been involved.

                            But I think it was only fitting

                 that their names be presented.  Because again,

                 while you might see members take credit for



                                                        5116



                 what happens, it is clearly those soldiers in

                 the background that deserve a lot of credit

                 for what they've done, and I wanted the record

                 to so reflect.

                            ACTING PRESIDENT McGEE:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you.

                            I am very sorry that Senator Ada

                 Smith is not in the chambers today so that

                 she, along with Senator Mendez, can receive

                 her accolades from us personally for her

                 efforts also on this 15A bill.

                            This is the entryway.  This is the

                 bill that will lift the sunset and make sure

                 that minority and women businesses continue to

                 do business with the State of New York.

                            So I want to, in her absence, and

                 for the record, commend Senator Ada Smith for

                 this bill, and to lend my support to those who

                 have worked very, very hard to make this

                 happen so successfully at the end of this

                 session.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    The bill



                                                        5117



                 is passed.

                            Senator Morahan, that completes the

                 noncontroversial reading of the calendar.

                            SENATOR MORAHAN:    Madam

                 President, may we go on to the controversial

                 reading of the calendar.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read Calendar Number 1618.

                            THE SECRETARY:    Calendar Number

                 1618, by Senator Padavan, Senate Print 2735A,

                 an act to amend the Environmental Conservation

                 Law.

                            SENATOR MALCOLM SMITH:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Padavan, I believe an explanation has been

                 called for.

                            SENATOR PADAVAN:    Thank you,

                 Madam President.

                            What the bill does is outlaw for

                 this state, as it does for 14 other states in

                 this country, many of them states where

                 hunting is a very important part of the

                 economy, in places like Montana, Nevada,

                 Oregon, Washington State, Wyoming -- it



                                                        5118



                 precludes the fencing in of an area of

                 whatever size and then placing within that

                 geographic boundary exotic animals, generally

                 referred to as zoo animals, animals that are

                 not native to New York State, charging a fee

                 to an individual to come into that area to

                 take one of those animals, either by rifle or

                 bow and arrow, and call it a hunt.

                            The word "canned hunt" is a

                 misnomer.  It's more "canned shoot."  It's

                 like shooting a fish in a barrel, to use a

                 common phrase.

                            Those who are hunters that I know

                 find this particular activity abhorrent.  I

                 have hunted, and I have never heard of anyone

                 that I knew of who was truly a sportsman

                 feeling that this was a sport.

                            But it is inhumane.  It's inhumane

                 for this reason.  If you take a normally wild

                 animal, whether it be a zebra, an antelope,

                 some exotic animal not indigenous to New York

                 State, place it in a fenced-in area of

                 whatever size, feed it, keep it, after a while

                 that animal becomes very docile.  They see

                 that pickup truck coming down the road, it's



                                                        5119



                 the truck that brings them food.  But this

                 time the guy gets out of the cab and takes it,

                 bow and arrow or a rifle.

                            That's wrong.  And this bill will

                 preclude it from happening in New York State.

                            ACTING PRESIDENT McGEE:    Senator

                 Hoffmann.

                            SENATOR HOFFMANN:    Will the

                 sponsor yield for a question, please.

                            SENATOR PADAVAN:    Yes.

                            SENATOR HOFFMANN:    Through you,

                 Madam President.  I wonder if the sponsor

                 would indicate whether or not shotgun hunting

                 is also as offensive to him.  He mentioned bow

                 and arrow and rifle.

                            SENATOR PADAVAN:    You can use a

                 shotgun, of course.  A shotgun with a slug in

                 it or whatever caliber shotgun you want.  If

                 it takes the animal down, it takes it down.

                            SENATOR HOFFMANN:    Would the

                 sponsor yield for an additional question.

                            ACTING PRESIDENT McGEE:    Senator

                 Padavan, will you yield for an additional

                 question from Senator Hoffmann?

                            SENATOR PADAVAN:    Yes.



                                                        5120



                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR HOFFMANN:    Senator

                 Padavan indicated that he was not happy with

                 the idea that the current statute allowed a

                 10-acre restriction.  I'm wondering if there

                 is a size that Senator Padavan would find

                 acceptable in acreage.

                            SENATOR PADAVAN:    Ten acres was a

                 nominal size which meant that someone could

                 acquire 10 and a quarter acres, fence it in,

                 and do exactly the same thing.  It was an

                 attempt that really didn't serve the purpose

                 to which it was intended:  to prevent this

                 type of activity.

                            As far as the size is concerned, if

                 you fence in that area and place within it the

                 type of animals we're talking about, animals

                 that are fed and kept, imported, whatever,

                 there are going to be limits as to the size of

                 the land no matter what you do.  I don't care

                 what part of the state you're in.  And I've

                 been in every part of the state, from the

                 northwestern frontier to the northeast, one

                 end to the other.  And I've been in very dense



                                                        5121



                 areas.

                            But in any event, I don't care how

                 big that parcel is.  If you fence it in, that

                 animal will go to the limit of the land

                 available to it and eventually will get to the

                 fence, and there it will be killed.

                            SENATOR HOFFMANN:    Thank you,

                 Senator.

                            Madam President, on the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Hoffmann, on the bill.

                            SENATOR HOFFMANN:    I was

                 wondering if Senator Padavan had a size that

                 he would find an acceptable field of hunting

                 activity.  I'm not going to use his

                 terminology, "canned hunt," because I think it

                 denigrates an activity that has been in

                 existence for many years.  Not that there are

                 a great many enterprises that fit the kind of

                 description that Senator Padavan

                 characterized, but there are others that I

                 think many of us would find perfectly

                 appropriate.

                            For instance, a farm right now that

                 is not highly successful in the farm economy



                                                        5122



                 will often seek to lease farmland to hunters.

                 There are many types of native species, but

                 there are also other species that will

                 reproduce well here in the Northeastern United

                 States and are perfectly compatible with

                 current ecological and environmental

                 practices.

                            Red deer, for instance, are not

                 native to New York State, they're European,

                 but they can be brought into this part of the

                 world and thrive.  So can fallow deer.  And in

                 fact, there are a number of farms right now

                 where fallow deer are raised as an

                 agricultural crop.

                            All of these farms have fence

                 around them.  And why would they have fence?

                 Well, a number of reasons, some relating to

                 the practice of agriculture.  One would like

                 to keep inappropriate predators like coyotes

                 out of a fenced area to protect the crops.

                 One also tries to prevent domestic animals

                 like cows and horses from straying into

                 another person's property, whether it be a

                 farmer or a nonfarmer neighbor.

                            So many of our farms in New York



                                                        5123



                 State are in fact large, fenced areas, some of

                 them numbering into the hundred of acres.  And

                 there would be, in my opinion, absolutely

                 nothing inappropriate with somebody importing

                 a species deemed by Senator Padavan's

                 legislation to be nonnative and keeping it on

                 that farm in a several-hundred-acre area,

                 allowing it to graze or allowing it to

                 overfeed on the corn after it's harvested --

                 or wheat or soybeans or any number of other

                 crops -- and then selling hunting rights to

                 farmers, to nonfarmers who would like to come

                 and have the hunting experience.

                            This is a perfectly appropriate

                 activity in New York State.  In fact, it is

                 one which is encouraged by the Department of

                 Environmental Conservation.  We have

                 handbooks, guidebooks, courses that teach good

                 hunting safety.  And it is a major activity to

                 bring income into New York State because we

                 are an attractive state for people in more

                 urban areas.

                            So while I recognize that the three

                 sponsors of this bill -- Senators Padavan,

                 Maltese, and Trunzo -- may have been concerned



                                                        5124



                 about something that they were somewhat less

                 informed with, I'm confident that in this

                 chamber there are many members who respect the

                 right of farmers and other large landowners to

                 take advantage of their property and utilize

                 the activity of hunting leases and occasional

                 hunting for profit, should they choose to do

                 so.  And to be told that they would be in

                 violation of the law or, as the sponsors' memo

                 reads, committing an abominable commercial

                 operation, is insulting, is insulting to the

                 farmers of this state.

                            I take great exception to this

                 piece of legislation, Madam President, and I

                 will vote no.

                            ACTING PRESIDENT McGEE:    Senator

                 Volker.

                            SENATOR VOLKER:    Madam President,

                 I hesitate in a very strong manner in

                 objecting to my good friend Frank Padavan's

                 bill.

                            And the reason I do is several

                 reasons.  Some years ago Frank and I debated

                 for about an hour over a rather sizable bill,

                 and of course Frank has been my friend for --



                                                        5125



                 he's sat next to me now for 29 years.  The

                 last time that I debated vociferously against

                 him, I think he didn't talk to me for three

                 months.

                            But unfortunately, this bill is a

                 clash of cultures.  What Frank just described

                 as a canned hunt is what the Humane Society

                 people and the animal people say canned hunts

                 are, which has no -- for the most part, no --

                 nothing in reality.

                            This is not about tigers and bears

                 and all that other stuff.  This is about an

                 industry that in upstate New York -- and I

                 realize there's none in New York City that I'm

                 aware of -- but in a lot of places is part of

                 a tourist industry.  And things like elks and

                 even boar are introduced into that area.

                            And by the way, you could have a

                 whole park that could be included in this

                 bill.  You say "fenced in."  Well, parks are

                 fenced in, some parks.  And it's not what you

                 think.  These animals aren't fed.  When they

                 put them in there, they eat themselves.  I

                 mean, they get along like anything else.

                            It's not like -- and I've been in



                                                        5126



                 debates on this, and I've listened to people

                 who have no concept of what this is really all

                 about.  And, Frank, I really hesitate to do

                 this.  This is the classic confrontation

                 between those of us that live in upstate and

                 rural areas and people who think more like

                 urban people.  It's why sometimes you say to

                 me -- and you're right -- that I really don't

                 have the same understanding of people in urban

                 areas.

                            And I accept that.  My roommate

                 next to me here, Senator LaValle, I certainly

                 don't understand sometimes his area on Long

                 Island.  And I'm the first to admit that.

                            But I have to say to you, Frank,

                 for us upstate -- and I'm glad you at least

                 amended out some of the other stuff that was

                 in there.  This is not really what you think

                 it is.  It's not -- for somebody that lives

                 where I live, and I've hunted and I've fished

                 and all that, I don't believe I've ever done

                 what they call a canned hunt.

                            But I know there are huge preserves

                 where people go and they pay a few bucks, and

                 sometimes a company will send people there to



                                                        5127



                 hunt on a property, and they'll have a few

                 drinks and a few -- something to eat.  And

                 those animals, by the way, are as -- they're

                 as wild as any animals in any part of this

                 country.  They're not easy to kill.  If they

                 were easy, it would be different.  They're

                 not.

                            So I must say to -- and I hesitate

                 to do this, but I have to say that this is not

                 a good bill.  And it's certainly not a good

                 bill for the farmers upstate, it's not a good

                 bill for, I believe, the people -- most of the

                 people of this state.

                            It's a good bill for the people

                 like the PETA people who have no clue, really,

                 about many of the animals in this state and

                 how to treat animals.  They are in part

                 responsible for the enormous slaughter of deer

                 on our highways that has become almost

                 epidemic because, you know, they've cut down

                 on hunting and all the rest of the stuff.

                            So it just seems to me -- and I'm

                 sorry to do this, Frank --

                            SENATOR PADAVAN:    Don't be.

                            SENATOR VOLKER:    Okay.  But I



                                                        5128



                 have to say that on behalf of myself and those

                 that I think I -- I'm in contact with from

                 upstate, this is not a good bill at all.

                            SENATOR PADAVAN:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Padavan.

                            SENATOR PADAVAN:    I don't want to

                 exacerbate this discussion, because there are

                 many things we've got to do here before we

                 leave.  But there are some statements that

                 have been made that are just technically

                 not -- in error.

                            I have a booklet here which lists a

                 number of these facilities in New York State.

                 Let me refer to one.  Old Stone Fence Hunting

                 Adventures in Rensselaer Falls, New York.

                 "Red stag, $1,500."  They have a price list

                 depending on what you want to shoot that day.

                 "Buffalo, $1,600."  On and on it goes.  "Other

                 species available upon request."

                            They'll put anything in there you

                 want so you can shoot it and hang it up on the

                 wall as your trophy.  That's not a unique

                 place.  They do exist elsewhere.



                                                        5129



                            Now, as I said earlier, there are a

                 number of states in this country that already

                 preclude -- have done so for many years.  And

                 they're not places that you would refer to,

                 generally speaking, as having the

                 upstate/downstate mentality.  If you've been

                 to Montana and Wyoming and Oregon, there is no

                 upstate/downstate.  It's all upstate, and

                 hunting is a way of life.  And they won't

                 allow this to go on.

                            Now, if a mammal in this state

                 becomes indigenous, through whatever means,

                 then it's precluded from this bill.  We bent

                 over backwards to make sure that farmers who

                 raise deer for food and allow it to be hunted

                 are precluded.  So don't include them, because

                 we took them out.  Venison is a food that is

                 certainly consumed, and so farmers are not

                 going to be impacted in terms of their

                 livelihood if that is what they rely upon.

                            I could go into a lot more detail,

                 give you a lot more examples, show you a whole

                 bunch of photographs, and bore the tears out

                 of you.  The fact remains, I have not

                 personally -- and I know a lot of them who are



                                                        5130



                 hunters who tell me -- and I was talking to

                 one just the other night, who hunts not only

                 all over this state but all over the country,

                 who would not participate in this because they

                 do feel it's inhumane and they do feel it's,

                 frankly, not hunting.

                            Because you can talk about these

                 large tracts of land.  But as I said earlier,

                 eventually you get the animal to the fence,

                 with your pickup truck or whatever the means

                 is.  And if it's a nondomestic animal, under

                 this law you would be precluded from not

                 taking it.

                            With all due respect to my

                 colleague, Senator Volker, I will talk to you

                 tomorrow even if you vote against this bill.

                 But we're not going to be here tomorrow.

                            (Laughter.)

                            SENATOR PADAVAN:    Thank you,

                 Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Maltese.

                            SENATOR MALTESE:    Yes, Madam

                 President.  First of all, as to Senator

                 Volker's remarks as to whether or not Frank



                                                        5131



                 would talk to him, I think the end result that

                 he would is probably not preferable.

                            (Laughter.)

                            SENATOR MALTESE:    But as to this

                 very important legislation, I think, being the

                 original sponsor of the bill confining the

                 area to 10 or less acres, I remember much of

                 the debate and the correspondence pro and con.

                            And both my brothers are hunters,

                 and we discussed it at great length, as did

                 many of my friends.  And certainly as far as

                 districts within the City of New York, I would

                 daresay that there are as many hunters in my

                 district as there might be in any upstate

                 area.  They are -- many of them have sports

                 clubs and sportsmen's clubs.

                            The very definition of the word

                 "sport," it takes great offense at this being

                 called anything close to a sport.  I have, in

                 all the debate that we had on the original

                 canned-hunt bill, with the exception of some

                 people who came up and advocated for the bill,

                 the majority of them would say to me ahead of

                 time:  "I'm for hunting, I'm for shooting, I'm

                 for, you know, taking game," but many of them



                                                        5132



                 would then say, "But this is alien to me.

                 This is not something that I would defend.

                 This is not something that I feel should be

                 done."

                            And what Senator Padavan said, he

                 said it well.  These animals, most of them are

                 tame.  They walk up to you and come up to you

                 to be fed from your hand.  And it is a crime,

                 it should be a crime to take these animals and

                 then call it sport.

                            I tried to find the definition of

                 sport and had my legislative counsel just

                 bring it to me.  But unfortunately, it doesn't

                 have -- it's a source of diversion or

                 recreation or physical activity engaged in for

                 pleasure.  But that's not what I'm after.

                            If this is a pleasure, if this is a

                 true sport, then I tell you -- and I am not

                 afraid or frightened to go back to my district

                 and defend a vote for this bill under any

                 measure or stretch of the imagination.  This

                 is a bill that seeks to remedy a terrible

                 wrong.  This is a bill that I believe any true

                 huntsman, any true sportsman would support and

                 advocate.



                                                        5133



                            This is not sport.  This is

                 slaughter, a slaughter of a pet.  It could

                 just as well be a slaughter of a companion

                 pet.  This is not something that our true

                 sportsmen or our huntsmen would want to be

                 identified with.  The sport is alien to

                 Americanism, not patriotic.  I'll bring

                 anything and everything into it to tell you

                 that this is not something that should be

                 engaged in by people that truly love sport and

                 truly love sportsmanship.

                            I urge and advocate a vote for this

                 fine bill.

                            SENATOR VOLKER:    Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Volker.

                            SENATOR VOLKER:    Can I just

                 respond to that?

                            Senator Maltese, Senator Padavan,

                 the reason I'm a little upset at this, I agree

                 with you except for one thing.  That's not

                 what we're talking about.

                            What we're talking about is huge

                 plots of land where ordinary animals are out

                 there and it's part of hunting.  The thing



                                                        5134



                 that you're talking about is what people --

                 the animal people are saying, which is

                 ridiculous.  I agree with you.  I've never

                 done that, and almost none of us in this

                 chamber would do that.  That's not what this

                 bill is all about.

                            And by the way, the animal-rights

                 people know it.  They're not so dumb.  They

                 use these people who do this sort of thing

                 and -- I don't know, there's none in my area.

                 I don't believe -- I don't know of any of

                 those kind of canned-hunt things in all of

                 upstate New York.  There probably are some

                 places, because there are some greedy people

                 that do that sort of thing.  This is not about

                 that.

                            This is about ordinary hunters.

                 And I've got to tell you, I have a tremendous

                 amount of hunters in my area.  They all think

                 that this is nuts.  And the reason they think

                 it's nuts is that the only difference between

                 just ordinary regular hunting is that you have

                 some sort of restrictions, it may not even be

                 totally fenced, and people go out and they

                 hunt.



                                                        5135



                            It's not as if these are domestic

                 animals that you feed.  They don't feed the

                 animals in these places.  Ten thousand acres,

                 how you going to feed animals?  I mean, you

                 couldn't get to them most of the time.

                            So I know what you're saying, and I

                 don't disagree with you.  That's not what this

                 bill is all about.  You may think it is, but

                 that's not what it is.

                            And by the way, the people that are

                 out there now, we got some frenetic people out

                 there who are extremely worried about the

                 impact of this bill:  the Farm Bureau.  And

                 they should be.  Because there's all sorts of

                 repercussions over this.

                            And I think the problem is that

                 we're dealing with an issue that is not

                 understood in part of the state and then many

                 people who in upstate New York want to stop

                 hunting.  Well, that's fine.  But hunting is a

                 big producer in this state, a lot of money, a

                 lot of people in the tourist industry.  It's

                 important to the state.  And those of us that

                 have been in this state a few years, and I'm

                 one of them, feel very strongly about it.



                                                        5136



                            And, you know, if you want to ban

                 canned hunting in New York City, fine.  But

                 don't -- don't try to do it in upstate

                 New York.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Yes, would the

                 sponsor yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Padavan, will you yield for a question?

                            SENATOR PADAVAN:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 sponsor yields.

                            SENATOR MORAHAN:    Senator, I

                 would just like to get some clarification.

                            This bill, as I see it, changes --

                 the current law now prohibits this sort of

                 activity in any fenced-in area of 10 or less

                 contiguous acres.  Is that correct, that's

                 about all this bill does?

                            SENATOR PADAVAN:    Well, it does

                 two things, Senator.

                            Previously, as Senator Maltese told

                 you, a bill was passed, I think in 1999, which

                 placed restrictions on this kind of activity



                                                        5137



                 in an area of 10 acres or less, yes.

                            But as I said in my explanation

                 earlier, 10 acres became really irrelevant,

                 because you can go 10 and a quarter acres and

                 do exactly the same thing.

                            The issue became, what is it,

                 within a fenced-in area.  So we changed that

                 part of the bill, took out the acreage and put

                 in "or in a fenced area or other area of

                 similar type."

                            But in the process we took out any

                 reference to animals that are hunted or raised

                 in the state that are indigenous to New York

                 State, mammals such as deer, bear, and a

                 variety of other animals that we have.  And we

                 restricted it to the nonnative big-game

                 mammal, nonnative.  So that brings it into the

                 category generally of animals that are

                 imported, exotic animals.

                            And I don't want to get Senator

                 Volker exercised again, but I could show you

                 photographs of everything from lions to

                 mountain goats to elk, a variety of other

                 animals that have been taken at facilities

                 such as this.



                                                        5138



                            SENATOR MORAHAN:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan.

                            SENATOR MORAHAN:    If the sponsor

                 will continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Padavan, will you continue to yield?

                            SENATOR PADAVAN:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR MORAHAN:    Then I can

                 assume that currently this activity is allowed

                 on acreage of 10 or less, would those animals

                 be fed in any way right now, or would they

                 just be 10 acres -- I don't know how many

                 animals you can have on a parcel that small

                 that they could all thrive on the natural

                 fauna or whatever.

                            SENATOR PADAVAN:    Of course.

                 Generally, you know, cattle ranches will feed

                 cattle on tens of thousands of acres.  They'll

                 bring them out by pickup truck, they'll drop

                 them from helicopters, they'll do what they

                 have to do, particularly during a time of



                                                        5139



                 drought.

                            And so with animals such as this

                 sort, irrespective of the size, it's not

                 uncommon for these animals to be fed in some

                 fashion or other.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Thank you,

                 Madam President.

                            Thank you, Mr. Sponsor.

                            ACTING PRESIDENT McGEE:    Anyone

                 else wishing to speak on the bill?

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1618 are

                 Senators Bonacic, DeFrancisco, Farley,

                 Hoffmann, Kuhl, Larkin, Leibell, Libous,

                 Little, Maziarz, McGee, Meier, Morahan,

                 Nozzolio, Rath, Saland, Seward, Stachowski,



                                                        5140



                 Volker, and Wright.  Ayes, 41.  Nays, 20.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Morahan.

                            SENATOR MORAHAN:    Would you call

                 up Calendar 1634, please.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1634, by Senator Little, Senate Print 5679, an

                 act to amend the Economic Development Law.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    There is

                 a message of necessity at the desk.

                            SENATOR MORAHAN:    I move that we

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.



                                                        5141



                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 43.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            SENATOR MALCOLM SMITH:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Little, an explanation has been requested.

                            SENATOR LITTLE:    Thank you.

                            I am very honored and extremely

                 proud to be the first sponsor on this bill.

                 And I'd like to begin by thanking Majority

                 Leader Bruno and Senator Balboni, as chairman

                 of the Veterans Committee, for allowing me to

                 be sponsor of this bill.

                            This year, without a doubt, has

                 been a learning experience for me:  certainly

                 on the professional level, learning about the

                 Senate; secondly, learning on a personal

                 level, having my son on active duty in Iraq --



                                                        5142



                            ACTING PRESIDENT McGEE:    We'll

                 wait until all conversations are over and then

                 we can listen to you.

                            Thank you very much.

                            SENATOR LITTLE:    Thank you.

                            Certainly on a personal level,

                 having a son serving in the Navy and being on

                 active duty in Iraq, I learned several things.

                 I learned the meaning of "in harm's way."  I

                 also learned the meaning of the sacrifices

                 that the wives, children, parents and siblings

                 go through when they have someone on active

                 duty.

                            And I also learned about the

                 anxiety that goes on in a person when you are

                 watching, as we did on television, wondering

                 if your family's life was going to be changed

                 that day.

                            So as I stand here with this bill

                 and explain what this bill does, I'm very

                 proud of this chamber and proud of our state

                 for trying to do something to show the support

                 for our men and women.

                            Our military today is

                 all-volunteer, and the military that we have



                                                        5143



                 been calling up in our state are volunteer

                 part-timers.  Now, my own son is full-time,

                 has the benefits of military service and

                 military life.  But many of the people in

                 New York State that were called up were

                 reservists or were on National Guard.  They

                 didn't expect to be called for the length of

                 time that they were called, and many of them

                 were not prepared.

                            What this bill does is assist their

                 families, shows support for them, and helps

                 them in many financial ways to be able to

                 serve our country without the added worry of

                 wondering about the car lease, the mortgage

                 payment, the tuition in college, the place for

                 your job, what's going on with your family,

                 are you going to be able to afford to talk to

                 them, to have video conferencing with them.

                            There are so many things in this

                 bill that help a family survive and get

                 through the emotional experience and the

                 anxiety that they experience when their loved

                 one is serving overseas.

                            We are very proud of all the men

                 and women in our state who participated in



                                                        5144



                 this.  Unfortunately, nine New Yorkers lost

                 their lives in this conflict.  And part of

                 this bill would allow those children of those

                 families and all of the children of families

                 back to the 1990 conflict that we underwent,

                 their children would have free tuition at a

                 New York City, New York State school, college,

                 SUNY and CUNY, as well as the amount of

                 tuition at a private school if they chose

                 that.

                            These are things that we can do

                 when a family gives up a loved one and

                 actually lose their life or are so severely

                 crippled that they can't function in life.

                            There are many other things that

                 are included in this bill, but they are all

                 geared towards one purpose, and that is to

                 enhance benefits to New York military

                 personnel that will minimize the disruptions

                 that military activation may cause in the

                 lives of such personnel and their families.

                            I'm very proud to be a part of this

                 bill, and I think as a state we stand alone in

                 doing this.  I'm sure there will be many other

                 states who will follow.



                                                        5145



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 43.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Senator

                 Balboni.

                            SENATOR BALBONI:    Madam

                 President, to explain my vote very briefly.

                            ACTING PRESIDENT McGEE:    Senator

                 Balboni, to explain his vote.

                            SENATOR BALBONI:    This session

                 has been noted for the things we have not

                 accomplished.  We must look to this bill, the

                 Little bill -- it's a very big bill -- as the

                 way to do business.

                            It really is.  And why is it so

                 appropriate for Betty Little to be doing this?

                 Because few people understand what it's like

                 like she does, to watch TV and know that her

                 son is in harm's way protecting this great

                 nation.

                            But as so, each one of us have seen



                                                        5146



                 the sacrifices that our men and women who have

                 served in the armed forces and National Guard

                 have performed.  The service has never been

                 longer, the duty has never been more

                 frightening, and the need has never been

                 greater for this kind of legislation.

                            Betty, great job.

                            Thank you, Madam President.  I vote

                 aye.

                            ACTING PRESIDENT McGEE:    Senator

                 Balboni will be listed in the affirmative.

                            Senator Diaz.

                            SENATOR DIAZ:    Thank you.  I

                 would like to explain my vote.

                            ACTING PRESIDENT McGEE:    Senator

                 Diaz, to explain his vote.

                            SENATOR DIAZ:    I also, Madam

                 President, would like to join my colleague

                 Senator Balboni in praising the Little bill

                 and saying that our young men and women, right

                 now, at this very moment, they are being put

                 in many dangers right to -- for the purpose of

                 defending this country and defending the

                 freedom that we all enjoy.

                            And I think that this bill is the



                                                        5147



                 least we could do for all those heroes, young

                 men and women that have given their lives and

                 their families, suffering, they are lost.  And

                 I praise Senator Little for this beautiful,

                 magnificent bill, and I hope, I hope that we

                 could do more.

                            But at least we're doing something

                 and we're sending a message to our heroes, our

                 young soldiers and members of the armed forces

                 of the United States of America, the best

                 country in the world and the best armed forces

                 in the world.  And I'm so proud of being and

                 living in this country and being defended,

                 defended by those heroes.

                            And right now, the other night I

                 listened, I was watching TV when they've been

                 ambushed and been killed, being -- giving

                 their lives.  And again, I repeat myself, this

                 is the least we could do for them.

                            I'm honored, I'm proud in being

                 part of the members of this Senate that are

                 supporting this bill.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Diaz will be listed in the affirmative.



                                                        5148



                            Senator Malcolm Smith.

                            SENATOR MALCOLM SMITH:    Thank you

                 very much, Madam President.  Just very briefly

                 to explain my vote.

                            Congratulations to Senator Little.

                            Recently we celebrated the life of

                 a gentleman who was dedicated to supporting

                 benefits on behalf of veterans and those in

                 the military by the name of Mike Handy.

                 Myself, Senator Maltese, Liz Krueger, several

                 members got up and speak on the resolution

                 because of his concern and interest as relates

                 to veterans and the benefits that they receive

                 as well as services when they came back from

                 their particular conflict.

                            This particular bill addresses so

                 much of what he was fighting for.  One of the

                 things I recall his mother -- his wife asking

                 me when I went to the wake was:  Do you know

                 if any of the things that Mike Handy fought

                 for for our veterans, for those who are in

                 military conflict, will ever be addressed?

                 And I told her I felt that this year that

                 would happen in this chamber.

                            Today I'm quite sure that Mike



                                                        5149



                 Handy, wherever he is -- and I'm sure he's up

                 above -- is looking down on us right now,

                 smiling greatly, because we are doing so much

                 for our veterans and those that are in the

                 military.

                            Because when they come back

                 normally, they end up fighting a war for us

                 wherever they are, and the worst that can

                 happen is when they come back they fight

                 another war for their benefits and on behalf

                 of their families.

                            So this is a great day for all of

                 our military personnel.

                            Thank you, Senator Little, for your

                 great work.

                            ACTING PRESIDENT McGEE:    Announce

                 the results.

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Maziarz.

                            SENATOR MAZIARZ:    Thank you,

                 Madam President.  Are there any substitutions

                 at the desk?

                            ACTING PRESIDENT McGEE:    Yes,



                                                        5150



                 there are substitutions at the desk.

                            The Secretary will read.

                            THE SECRETARY:    On page 17,

                 Senator Larkin moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 6512

                 and substitute it for the identical Senate

                 Bill Number 2088, Third Reading Calendar 513.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            Senator Maziarz.

                            SENATOR MAZIARZ:    Thank you,

                 Madam President.  Could we temporarily stand

                 at ease, please.

                            ACTING PRESIDENT McGEE:    Senate

                 will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 7:18 p.m.)

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Thank you,

                 Madam President.  There will be an immediate

                 conference of the Majority in the Majority

                 Conference Room.

                            ACTING PRESIDENT McGEE:

                 Immediate conference of the Majority in the



                                                        5151



                 Majority Conference Room.

                            SENATOR MORAHAN:    We expect it to

                 last 10 to 15 to 20 minutes.

                            ACTING PRESIDENT McGEE:    The time

                 frame will be anywhere from 10 to 20 minutes.

                            (Whereupon, the Senate reconvened

                 at 8:31 p.m.)

                            ACTING PRESIDENT McGEE:    Senator

                 Robach.

                            SENATOR ROBACH:    Madam President,

                 can we please take up Calendar Number 1633.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read Calendar Number 1633.

                            THE SECRETARY:    Calendar Number

                 1633, by Senator Wright, Senate Print 5673A,

                 an act to amend the Energy Law.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    There is

                 a message of necessity at the desk.

                            SENATOR ROBACH:    Move to accept

                 the messages of necessity.

                            ACTING PRESIDENT McGEE:    The

                 question is on accepting the message of

                 necessity.  All in favor will signify by



                                                        5152



                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            The Secretary will read.

                            THE SECRETARY:    Section 12.  This

                 act shall take effect immediately.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, an explanation has been requested.

                            SENATOR WRIGHT:    Thank you, Madam

                 President.

                            The bill before us this evening

                 does two primary things.  One is to reenact

                 Article VI of the Energy Law relating to the

                 energy planning process, and to also reenact

                 Article X, which is the siting of electrical

                 generating facilities.

                            SENATOR SCHNEIDERMAN:    Madam

                 President, through you, if the sponsor would

                 yield for some questions.



                                                        5153



                            ACTING PRESIDENT McGEE:    Senator

                 Wright, will you yield for a question?

                            SENATOR WRIGHT:    I will, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            I'm curious as to how this bill

                 differs from the straight extender of the

                 current Article X law that was passed by this

                 house two years ago.

                            SENATOR WRIGHT:    In terms of the

                 last Article X bill that was before this

                 house, there are a series of changes that have

                 been made.

                            First of all, in the preapplication

                 studies process we've included coastal area

                 impacts.  In the preapplication intervenor

                 funds, we're making $50,000 from the

                 intervenor fund available for the

                 preapplication process.

                            In terms of the repowering language

                 that was added in 2001, that is being

                 expanded.  In terms of intervenor funds, we're

                 keeping the cap at 300,000.  In terms of the



                                                        5154



                 application studies, we're adding water

                 withdrawals and discharges.  In terms of

                 demonstrating, the security plan has been

                 added.

                            Additional parties to the

                 proceedings now includes Park and Rec for both

                 the State and the City of New York.  Board

                 consideration in granting a certification will

                 include coastal area impacts.  And the

                 intervenor fund will be established with the

                 Comptroller and Tax & Finance.  Both the

                 articles sunset on January 2014.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Madam President, if the sponsor will

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, will you continue to yield?

                            SENATOR WRIGHT:    I will, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    So then

                 this bill extends the current law, as

                 modified, not to 2007, as was the case with

                 the last bill, but to 2014?



                                                        5155



                            SENATOR WRIGHT:    That is correct.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Madam President, does this bill change

                 the eligibility requirement of 80 megawatts of

                 net generating output in the current law?

                            SENATOR WRIGHT:    It does not.

                            SENATOR SCHNEIDERMAN:    So that

                 anything under what's been referred to as the

                 79.9-megawatt loophole would not be covered?

                            SENATOR WRIGHT:    Well, the

                 threshold is 80 megawatts.  Anything under

                 that is subject to a SEQR proceeding.

                            SENATOR SCHNEIDERMAN:    And does

                 this bill have any provisions requiring any

                 analysis of the impact on environmental

                 justice issues on poor communities of color

                 that are unduly burdened in many parts of

                 New York State with an unfair share of

                 polluting facilities?

                            SENATOR WRIGHT:    Well, there are

                 a number of things that are reflected in terms

                 of the environmental justice regulations that

                 were adopted by the agency, DEC.  In turn,

                 those regulations are applicable to both air

                 and water permits.



                                                        5156



                            So you have inherent inclusion of

                 environmental justice provisions in the

                 permitting process that the agencies have

                 responsibility for that are part of the

                 signing process by virtue of our agreement

                 with the federal government.

                            In addition, back in 1999 when we

                 amended this siting bill we added that we

                 would evaluate the impacts on the environment,

                 the ecology, public health, safety,

                 aesthetics, scenic, history, recreational

                 value, forest products, air and water quality,

                 fish, other marine life, and wildlife, and the

                 board must evaluate the cumulative effects of

                 air emissions from existing facilities with

                 particular attention to plants located in

                 areas designated as severe attainment.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Madam President, if the sponsor would

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, will you continue to yield?

                            SENATOR WRIGHT:    I will, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The



                                                        5157



                 Senator yields.

                            SENATOR SCHNEIDERMAN:    I

                 appreciate the general regulatory framework

                 and the language of intent.  But is there any

                 additional provision to address environmental

                 justice issues in this specific bill that

                 we're voting on now?

                            SENATOR WRIGHT:    No, there are no

                 additional add-ons.

                            SENATOR SCHNEIDERMAN:    Okay.

                 Thank you.

                            Through you, Madam President, are

                 there any emission standards set for NOx and

                 SO2, NOx and SOx, as in the Assembly Bill?

                            SENATOR WRIGHT:    No, there are

                 not, Senator.

                            This bill is a siting bill.  Unlike

                 the companion bills that have been developed

                 in the Assembly the last couple of years that

                 try to wander into various areas of

                 environmental law and standards, we are trying

                 to focus on the siting process and keep it to

                 a siting process.

                            You know, when this bill was

                 originally enacted, this bill received "three



                                                        5158



                 trees" in terms of endorsement of it as a

                 process.  We have done nothing in the

                 intervening years to diminish or take away --

                 in fact, have only enhanced this bill.

                            So we have focused on making sure

                 we have a process that works and in fact has

                 worked very well.  But we have kept it focused

                 on that process and allow the other statutes

                 relative to air quality, water permits, et

                 cetera, to exist as they do and should.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Madam President, if the sponsor would

                 continue to yield.

                            SENATOR WRIGHT:    I will, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator continues to yield.

                            SENATOR SCHNEIDERMAN:    So then

                 the definition of a siting bill, as you're

                 putting it forward, appears to be different

                 than the definition that's being used in the

                 Assembly.  This bill currently is not a "three

                 tree" bill anymore.  Isn't this now a "three

                 smokestack" bill?

                            SENATOR WRIGHT:    Yes, it is,



                                                        5159



                 Senator.  And that's, of course, what we're

                 trying to point out, that we have done nothing

                 that has changed this bill.  We have only

                 added to this bill.

                            So when it started out as being

                 environmentally beneficial and has not been

                 diminished in any way but in fact has only

                 been added to in ways identified as

                 environmentally beneficial, I cannot reach the

                 conclusion that it automatically becomes

                 "three smokestacks," other than it does not

                 meet the objective of the organization

                 assigning the smokestacks.

                            The issue really is one of looking

                 at siting and ensuring that we have a uniform,

                 consistent siting process, which is what we

                 have in this bill.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Madam President, if the sponsor would

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, will you continue to yield?

                            SENATOR WRIGHT:    Yes, I will,

                 Madam President.

                            ACTING PRESIDENT McGEE:    The



                                                        5160



                 Senator continues to yield.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 Does this legislation include any standards

                 relating to particulate matter, as provided

                 for in the Assembly bill?

                            SENATOR WRIGHT:    If you're

                 referring to PM 2.5, it does not.  That's in

                 the memo of opposition identified -- I too

                 have it here identified -- as small

                 particulate matter.

                            I would point that under this

                 current law, previous siting boards have in

                 fact required that projects, when appropriate,

                 study PM 2.5, and have made requirements.

                            In addition, the agency is

                 reviewing its current PM 2.5 standards and

                 that could be required of all DEC air quality

                 permits, and of course in that situation would

                 then become part of the siting provisions.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Thank the sponsor.

                            Madam President, on the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    I'm sorry



                                                        5161



                 that we're here again in the situation we were

                 in two years ago.  We have, as in many cases

                 of the law, had an evolution in our knowledge

                 and understanding of how the siting process

                 works and of the needs of our communities.

                            We know that this is a one-house

                 bill.  We know that the Assembly has a very

                 different approach that is supported by, I

                 believe, every environmental organization in

                 the state and the American Lung Association.

                            I am sorry to have to report that

                 my comments two years ago at the end of the

                 2000 session apply today.  I said, two years

                 ago:  "We are here at the end of the year

                 about to vote on what is clearly a one-house

                 bill that does not address any of the problems

                 that have identified with the current siting

                 process, and not just identified by the

                 Assembly, which has overwhelmingly passed

                 legislation incorporating all of the elements

                 that Senator Duane" -- who at that time had

                 introduced amendments -- "just discussed in

                 his amendment, but also legislation proposed

                 by the Governor."

                            Everyone knows that this is a



                                                        5162



                 one-house bill.  Why we would come forward now

                 trying to extend a law to 2014 that has been

                 subject to such severe criticism, not just

                 from the Assembly but from the Governor, I

                 don't know.  I suppose this is a case of

                 trying to cover ourselves at the end of a

                 legislative session.

                            I do not know exactly how the blame

                 should be apportioned between this house, the

                 Assembly, and the Governor.  But what is

                 clearly required at this point is a serious

                 effort to resolve an issue that is drifting on

                 and on.  And inaction may be the primary mode

                 of functioning in the Legislature in many

                 situations, but it is certainly not what the

                 people of this state expect from us or

                 deserve.

                            We need to address the

                 environmental justice issues in a siting bill.

                 That is an issue relating to siting.  We need

                 to address the particulate matter and NOx and

                 SOx in a siting bill.  That is a siting

                 matter.

                            And we certainly have to deal with

                 the fact that this bill continues to maintain



                                                        5163



                 this outrageous loophole of only applying to

                 siting situations in which you're dealing with

                 80 megawatts of net generating output.

                            Many different versions of

                 alternative language have been proposed.  I'm

                 sorry, truly sorry that all of the remarks I

                 made two years ago are equally applicable

                 today.  It's time for us to move.

                            And maybe this is something that

                 requires stronger intervention from the

                 Executive.  I certainly would welcome that.  I

                 think everyone in the environmental movement

                 that has looked to the Governor to provide

                 leadership in this area in the past is looking

                 to him now.  Unfortunately, this session we

                 haven't seen it.

                            So I'm going to be voting no.  I

                 encourage everyone to vote no.  I hope we will

                 actually come to the table and address this

                 very serious issue as soon as possible.

                            ACTING PRESIDENT MEIER:    Senator

                 Onorato.

                            SENATOR ONORATO:    Mr. President,

                 will the sponsor yield.

                            ACTING PRESIDENT MEIER:    Senator



                                                        5164



                 Wright, do you yield?

                            SENATOR WRIGHT:    I will, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR ONORATO:    Senator Wright,

                 I'm sure you're aware that I represent the

                 largest concentration of power plants in the

                 state of New York in my small district located

                 in Astoria and Long Island City.  I currently

                 have the New York Power Authority, Con Edison,

                 which has now been taken over by KeySpan at

                 the Astoria site.  Ravenswood, with the "Big

                 Alice," they've already added two 79.9 power

                 plants in the area.

                            How will this affect my district

                 now?  Will it allow more sitings in my

                 particular district, supersaturating my

                 particular community, overburdening them with

                 all the power plants being located in one

                 small, particular area?

                            SENATOR WRIGHT:    No, Senator, I

                 can assure you it will not.

                            As you are no doubt aware, having

                 served on the Energy Committee for a number of



                                                        5165



                 terms now, in fact in 1999 when we made the

                 amendments to Article X to enhance and improve

                 it, one of the very specific additions we

                 added was that the board must evaluate the

                 cumulative effect of air emissions from

                 existing facilities, with particular attention

                 to plants located in the areas designated as

                 severe attainment.  That's one aspect.

                            The second aspect, as you will

                 recall, in 2001 we amended again and provided

                 for enhanced siting processes when there was a

                 substantial and significant reduction of

                 emissions exceeding 75 percent or better.

                            Both of those amendments are

                 perfect examples of how we have only added to

                 Article X.  We have never diminished the

                 requirements or the provisions of Article X.

                 We have only added to and enhanced them as we

                 have done with these amendments.

                            Now, that may not be satisfactory

                 to some individuals, who have a broader agenda

                 and broader issues over and beyond siting.

                 But that is the focus of what we're trying to

                 do, because we do acknowledge and recognize,

                 first of all, replacing old facilities with



                                                        5166



                 new facilities will have a significant

                 positive impact on NOx, SOx, all the other

                 emissions and in fact will bring new

                 generation of capacity online.  That's what

                 we're desirous of doing.

                            SENATOR ONORATO:    Will you

                 continue to yield, Senator?

                            SENATOR WRIGHT:    I will, Mr.

                 President.

                            SENATOR ONORATO:    Senator,

                 regarding the intervenor funds, does your bill

                 now make it a little bit more difficult for an

                 intervenor to obtain funds to fight the --

                            SENATOR WRIGHT:    No, Senator, it

                 does not.  And let me again restate, we have

                 done nothing in this bill that diminishes,

                 restricts, adds burdens, adds barriers.  That

                 in fact is not an accurate assessment of what

                 we have done.

                            What we have done is left the

                 intervenor funds unchanged, because to date

                 they have not been utilized completely on any

                 project.  So we believe the current funding

                 mechanism is adequate.

                            In response to concerns raised by



                                                        5167



                 various individuals, we are now allowing that

                 funding to be utilized, $50,000 of it, in the

                 preapplication process.  So we are once again

                 adding to the process, enhancing the

                 opportunity for participation, and in fact

                 financing that participation in the process.

                            SENATOR ONORATO:    I have one

                 further question.  Would the Senator yield?

                            ACTING PRESIDENT MEIER:    Senator

                 Wright, do you continue to yield?

                            SENATOR WRIGHT:    Yes, I will

                 yield, Mr. President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR ONORATO:    Senator, to

                 your knowledge, has any group asked to become

                 an intervenor and been denied funds for that

                 particular purpose?

                            SENATOR WRIGHT:    Not to my

                 knowledge.

                            SENATOR ONORATO:    Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Sabini.

                            SENATOR SABINI:    On the bill, Mr.

                 President.



                                                        5168



                            ACTING PRESIDENT MEIER:    Senator

                 Sabini, on the bill.

                            SENATOR SABINI:    I'm struck by

                 the sponsor's confidence that Article X's

                 revisions, the last two revisions, were good

                 legislation and added protections, because the

                 result has been, in Queens County, a

                 riverfront on the East River now polka-dotted

                 with power plants.

                            And while that may be great for the

                 increased energy consumption for our area, the

                 fact of the matter is that, as Senator Onorato

                 so aptly has stated, his district is now

                 saturated to the point of absurdity.  There is

                 a power plant every couple of blocks along the

                 waterfront.  And other parts of the Bronx and

                 Queens can't take any more.

                            And if this is going to be added

                 protection, we don't need any more help.  The

                 last added protection resulted in more plants

                 for us.

                            So I intend to vote in the

                 negative.  And if this is added protection,

                 don't give us any more help.  Thank you.

                            ACTING PRESIDENT MEIER:    Senator



                                                        5169



                 Oppenheimer.

                            SENATOR OPPENHEIMER:    Well, as

                 you're probably aware, we are looking for

                 alternative energy, an alternative energy

                 source for our nuclear power plant at Indian

                 Point in Westchester.  It supplies power to

                 many parts of Westchester, also some to

                 Rockland, and I think some goes into Putnam.

                            And so I'm really disappointed that

                 we haven't been able to make any progress

                 through the last more than couple of years

                 now.  Because if we are going to make any

                 headway removing the nuclear power, we really

                 can't do it unless we have an alternative

                 source of energy right at that site.  Because

                 we can't do without the power.

                            This bill before us is not -- it's

                 really Article X with some small changes.  And

                 it fails to address the pollution which is

                 emitted right now by our power plants, and it

                 fails to increase any of the key reforms that

                 are going to be needed in our New York siting

                 process.

                            And I don't know where that leaves

                 us.  I mean, it leaves us with enormous power



                                                        5170



                 implications, but as we all know, it leaves us

                 with enormous health implications also.

                 Because -- I mean, I hadn't heard "NOx and

                 SOx" before, because we call it nitrogen,

                 oxygen, and sulfur dioxide.  But that's a cute

                 way of condensing it.

                            NOx and SOx is causing us so many

                 health problems with the acid rain and smog,

                 and I guess we should throw in global warming.

                 And we're bearing that cost.  It's a very high

                 cost, both physically for the people involved

                 and financially for all of us who are left

                 bearing the burden of those medical expenses.

                            I just hope that something can be

                 done in the next year.  It's reached crisis

                 proportion for us.

                            And we may have to shut down the

                 nuclear power plant, because it's now before

                 the federal government.  All of the different

                 communities and the different counties

                 surrounding it have not verified, have not

                 said that the plans for egress in case of an

                 emergency are valid.  We say that they are not

                 sustainable, they cannot remove us from the

                 source if there is an emergency at that



                                                        5171



                 nuclear power plant.

                            If the feds say -- uphold what

                 we're saying, we're going to have to shut down

                 that plant, and we have no other source to

                 supply that amount that will be lost to us.

                            So I just hope something will

                 happen quickly.  I know you're trying, Jim.

                 But let's hope we can try even harder and make

                 it happen in the next year.

                            ACTING PRESIDENT MEIER:    Senator

                 Parker.

                            SENATOR PARKER:    Mr. President,

                 on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Parker, on the bill.

                            SENATOR PARKER:    I approached

                 this bill in the way I've learned over this

                 first session that I've been involved in, with

                 mixed emotions, with looking at it and seeing

                 there's some things that we would like to be

                 able to do and in some cases things that don't

                 go quite far enough.

                            I want to begin by just commending

                 Chairman Wright on his understanding of our

                 situation.  We're literally at a situation now



                                                        5172



                 where the state doesn't have enough power.

                 And if it was not for the mild summer that

                 we're having, that we would be really at a

                 point where we'd be ready, both houses, to

                 negotiate this bill.

                            I mean, the reality is that we are

                 extremely close to having a serious emergency.

                 That, you know, many of us have forgotten,

                 through all the other things that have

                 happened, that just two years ago there were

                 rolling blackouts in California, that we were

                 having a significant emergency here in our own

                 state.

                            And Chairman Wright's bill really

                 addresses that and really takes up that really

                 important need for us to produce more energy

                 in our state and particularly in the city of

                 New York.

                            And in that context, the beginning

                 of this bill is Article VI, which in fact

                 presents as a four-year plan for energy

                 throughout the state which is direly needed.

                            We really need to really

                 comprehensively look at the needs of the state

                 and then our ability to produce energy and to



                                                        5173



                 really just -- you know, this is not just

                 about energy.  This is about everybody here

                 who has laptops, everybody who has PDAs and,

                 you know, washing machines in their houses and

                 microwaves and, you know, air-conditioners in

                 the summer.  And we run them all at the same

                 time.

                            And, you know, as long as we go to

                 the switch and we flick it and the lights come

                 on, we're okay.  But it's that moment when it

                 doesn't come on that we will truly understand

                 how important having a siting bill is for this

                 state.

                            At the same time, we cannot site

                 facilities around the state without an

                 understanding and a real analysis of what the

                 impacts are going to be on communities.  It is

                 critically important that we look at

                 environmental justice.  It is critically

                 important that we look at cumulative impact on

                 communities and health impacts on communities

                 and that we make sure that we bring

                 communities to the table when this happens.

                            Part of the problem that we have

                 here is really just a lot of, you know, bad



                                                        5174



                 faith on power companies that we're having to

                 deal with.  And we really, as elected

                 officials, would love to be at the table from

                 the very beginning, helping to negotiate with

                 plants that are sited and working with

                 communities and industry.

                            Because at the same time, you know,

                 not only is this important to make industry

                 run, but the industry itself is important for

                 jobs.  I have many people in my district who

                 work for KeySpan and Con Ed, so these are not

                 bad words in my district.  These feed a lot of

                 families, and so that's important.

                            But I don't think that this bill

                 goes far enough.  And, as we have often talked

                 about in this house, that one-house bills just

                 don't take us where we need to be.

                            I would love to be involved in the

                 process and have already talked to Senator

                 Wright about that, and others, about us

                 working together to create a real negotiated

                 peace on this issue of Article X, so that we

                 cannot only have a siting bill that would

                 allow industry to be able to site plants and

                 produce the power that we sorely need, but to



                                                        5175



                 make sure that ratepayers have all of the

                 energy they need at a cost that would really

                 be affordable and not have businesses and

                 people running for relief also from us.

                            And so, unfortunately, I would like

                 to be able to vote yes on an Article X bill,

                 because we sorely need one.  But

                 unfortunately, I don't think that this bill is

                 the one that is going to get us quite there.

                            And so I'd like to put forth my

                 energy to work along with -- you know,

                 continue to work with the committee and the

                 members of the Assembly to make sure that we

                 get an Article X bill that in fact addresses

                 both the needs of the industry as well as the

                 environmental health and community needs that

                 are sorely needed for all of our communities.

                            ACTING PRESIDENT MEIER:    Senator

                 Lachman.

                            SENATOR LACHMAN:    Within three

                 minutes, Mr. President, I would also like to

                 commend Senator Wright for working on this

                 Article X bill.  But it doesn't go far enough,

                 and it doesn't improve the way it should be

                 improved.



                                                        5176



                            I'm going to just mention two areas

                 of concern to me.  The lack of people's

                 involvement through hearings.  If anything is

                 below 80 kilowatts, you don't have to have a

                 hearing.

                            So in one of my communities, you

                 have two or three power plants that are built

                 that total more than 80 kilowatts, even though

                 individually they're less.  So I think there's

                 a great injustice done if the people are not

                 involved in the process of deciding what they

                 want to have and don't want to have.

                            And this leads into a second issue.

                 I have a very diverse and large district.

                 It's not by coincidence, in my opinion, that

                 the Rosebank section of Staten Island and the

                 Sunset Park section of Brooklyn have problems

                 with increases in power plants without

                 hearings.  I think that this discriminates

                 against working people and poor people.

                            And the areas in my community that

                 might be upper middle class don't have these

                 problems that areas that are considered poor

                 or working class do have.

                            I regretfully will have to vote no.



                                                        5177



                            ACTING PRESIDENT MEIER:    Senator

                 Stavisky.

                            SENATOR STAVISKY:    Thank you, Mr.

                 President.  On the bill.

                            I too represent a district in

                 Queens County that abuts or comes very close

                 to the power plants.  And I'm concerned not

                 only about the lack of public participation in

                 those -- the 79.9 threshold, but also the

                 effect upon the surrounding community, my

                 constituents.

                            The pollutants go into the air and

                 people in my district suffer.  They suffer

                 from an increased rate of respiratory

                 problems, asthma, hospitalizations, and so on.

                 And I think this is another aspect of an

                 overburdened community that we have here in

                 Queens as a result of the lack of a successful

                 Article X siting bill.

                            And while I recognize Senator

                 Wright's concern and his desire to resolve the

                 issue, I just don't think we're there.  And,

                 Mr. President, I intend to vote no.

                            ACTING PRESIDENT MEIER:    Senator

                 Diaz.



                                                        5178



                            SENATOR DIAZ:    Thank you, Mr.

                 President.

                            It is nice to hear people saying

                 how much we need to coordinate a plan and to

                 find solutions for our problem.  It is nice to

                 say that a blackout happens here, happens

                 there, and that we need to build plants and to

                 find a solution.

                            But ladies and gentlemen, I

                 represent Hunts Point in the Bronx.  And I

                 think my district, my district, the one that I

                 represent, the 32nd Senatorial District, is

                 the most affected of anyone here.

                            We in Hunts Point, we have the

                 highest asthma rate in the nation.  This

                 administration, this administration built four

                 power miniplants in my district in Hunts

                 Point.  And how come they did that?  Because

                 they say that the law says that you need

                 80 megawatts in order for you not to do an

                 environmental impact study.

                            So you know what they did in my

                 district?  They said, We're going to build

                 them 79.9.  So we don't even got to do 80

                 megawatts, only 79.9.  But they did one here



                                                        5179



                 and the next one close to that one.  Each one,

                 each one, ladies and gentlemen, each one

                 79.9 megawatts.

                            They didn't have to do an

                 environmental impact study because there were

                 less than 80 megawatts.  But they put one

                 here, the next one close to that one, and then

                 some -- this much away, they put another one

                 and the other one close to this one.  So when

                 you add the both of them, here was about

                 150 megawatts and the other one, on the other

                 side, 150 megawatts.

                            But that's not only the injustice

                 that was done to my district.  That's not the

                 only injustice.  There was 61 sites, ladies

                 and gentlemen, 61 sites that they studied to

                 build 11 miniplants.  Sixty-one sites.  Eleven

                 of those were to build 11 miniplants.

                 Seven -- and I want to make sure that you

                 listen to me.  If you don't understand what

                 I'm saying, I could explain myself a little

                 better.

                            Seven of those 11 miniplants were

                 built in minority communities.  Seven of the

                 11 miniplants were built in minority



                                                        5180



                 communities.  That's not the only injustice.

                 Four of the seven, four of the seven were

                 built in my district.

                            And now you tell me that we got to

                 do something.  Then we have in Queens, half a

                 mile across the river, half a mile from my

                 district, from Hunts Point, we have the

                 Polletti plant, Polletti plant.  And that

                 plant has an emission of 8,800 tons of

                 pollution in a year.  8,800 tons of pollution.

                 That's equivalent to 4,000 cars falling on top

                 of my children.

                            We're talking about injustice?  Is

                 that injustice, is that discrimination, is

                 that racism?  What is that?  They want to

                 build only in the minority communities.

                            What the state did was circumvent

                 the law.  And now we're going to give more

                 power to the state, more power to the

                 administration to get -- because the state

                 needs power plants, because we have to solve

                 the problem.  The shortage of electrical power

                 and nuclear power, we have to solve the

                 problem.  So let's build them in the minority

                 communities.  Let's build them in the Bronx.



                                                        5181



                            So what we need, what we really

                 need, we need environmental justice.  You want

                 to build plants?  Build them in your own

                 neighborhood.  Stop bringing them to the

                 Bronx.  Stop bringing them to the minority

                 communities.  And stop using us as guinea

                 pigs.  We're tired of this already.

                            So what do they do?  Now, now we're

                 going to build more plants, now we're going to

                 give more authority for people to circumvent

                 the law and keep building miniplants.  And I

                 bet you that all those miniplants, they're

                 going to be built again in the South Bronx, in

                 Hunts Point, in our minority neighborhood.

                            I'm going to end by saying this,

                 and I want you to remember this.  This

                 administration, this administration built 11

                 miniplants, seven of them that were built in

                 minority communities.  And four of them,

                 ladies and gentlemen, four of the seven were

                 built in my district.  That, that is an

                 injustice, not to say a discrimination.

                            Thank you very much.

                            ACTING PRESIDENT MEIER:    Senator

                 Connor.



                                                        5182



                            SENATOR CONNOR:    Thank you, Mr.

                 President.

                            You know, for years and years and

                 years, going home from Albany, going down the

                 FDR Drive heading downtown, I could always

                 pick out where my district began in Manhattan

                 and in Brooklyn, looking across the river.  It

                 was where the big smokestacks were, at 15th

                 Street and across the river in Green Point.

                            And I would say to people, My

                 district begins at those smokestacks heading

                 south and at these smokestacks heading south.

                            For whatever reasons, in the past,

                 large power plants were located along the East

                 River.  Coincidentally, in the good old days,

                 they weren't the highest-priced pieces of real

                 estate in New York.  But what we've seen more

                 recently -- and by the way, the refiring of

                 East River Power and lawsuits have gone on,

                 and I've been a plaintiff in lawsuits.  We've

                 stopped this one, and that one started up.

                 Senator Duane has been a plaintiff.  We've had

                 ongoing controversy.

                            And then we got hit with these

                 so-called miniplants, the plants that Senator



                                                        5183



                 Diaz just mentioned.  Just under the limit.

                 The loophole plants.  The loophole plants.

                            And why is that threshold there?

                 Well, the feeling, I suppose, was that 79.9

                 megawatts, it's not a big deal.  But when they

                 line three our four of them up in a row in the

                 East River, where you already have other

                 pollutant power plants, in northern Brooklyn

                 and just across the border in Queens and

                 across the river in Manhattan, now you line up

                 four of them.  You line up four of them in the

                 East River by Williamsburg and Green Point.

                            Not totally minority communities.

                 Heavily minority communities with also

                 working-class ethnic white folks living there.

                 Not rich people, though.  Not rich people.

                            My district actually last year got

                 better, not because the miniplants went away

                 but because thanks to the Majority in this

                 house, the boundaries changed and they dumped

                 in -- or they became Senator Lachman's

                 problem.  Because the other plants, as you

                 went around the coast of Brooklyn, the

                 miniplants are in Sunset Park, a heavily

                 Latino area.  And the plants along the East



                                                        5184



                 River, on the Manhattan side, what they call

                 "Loweesidah," the Lower East Side.

                            And what Senator Diaz says is true.

                 I would only dispute with him, I'm not sure

                 his district was the most heavily impacted,

                 because I thought mine was, at least until

                 they split it and gave Senator Lachman some of

                 the plants.  So there is a problem here.

                            Now, look, there's a need for more

                 energy, more efficient energy, there's a need

                 to do it in a way that's nonpolluting, there's

                 a way to do it in a way that we can evaluate.

                            By the way, if you look at maps,

                 that whole corridor across northern Staten

                 Island into Brooklyn, up the East River along

                 Queens right into the Bronx, off the sound

                 where the East River and the sound meet, is a

                 cancer alley, by the way.  You look at all the

                 different statistics on cancer and on lung

                 diseases, and the epidemiology is incredible,

                 incredible, in terms of its impact.

                            Not surprising, though, if you

                 understand two things -- prevailing winds and

                 all the things that get put in those areas,

                 starting in New Jersey, right across northern



                                                        5185



                 Staten Island, right up into the Bronx.

                            And the sad part is we know this.

                 We've known it before.  We've known that we

                 have to do something about an Article X bill

                 for many, many months now.  We knew last year

                 it would expire.  We came back here with it

                 expired.

                            And after six months in this

                 Capitol, at 9:00 o'clock on the last night of

                 session, we get a one-house bill?  We get a

                 one-house bill with a message of necessity

                 from the Governor?  That's the best this

                 Legislature can do?  That's the best the

                 Governor can do?  We get a message of

                 necessity certifying to the emergency need for

                 an immediate vote on a one-house bill?

                            That it took somebody six or seven

                 months to cobble a one-house bill together?  I

                 can sit down and write one-house bills in five

                 minutes.  But they don't become law, they

                 don't solve problems, they don't answer the

                 questions, and they don't meet the health

                 needs or the energy needs of the people of

                 New York.

                            Mr. President, I vote no on this.



                                                        5186



                            ACTING PRESIDENT MEIER:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President, on the bill.

                            My colleagues on this side of the

                 floor have been so eloquent and no one more

                 eloquent than, I think, Senator Diaz about

                 what is wrong with the bill.  Because what is

                 wrong with the bill is that it continues the

                 process that we've had in place.

                            And the 79.9 loophole generators

                 clearly are an outrage and are intended to

                 continue, under these rules, to allow to be

                 expanded, particularly in communities of

                 low-income people and communities of color.

                            And people have talked about all of

                 the health impacts and all of the negative

                 consequences.  So I think I will speak about

                 the reverse side for a minute.

                            If I was in my district today, I

                 would have been testifying -- instead, I had a

                 staff person testifying -- before the Public

                 Service Commission against the plan to take

                 away a power plant in my district on the East

                 Side of Manhattan.  Not a poor community, not



                                                        5187



                 a community of color, but a community that has

                 lived with a power plant since 1900 and was

                 perfectly prepared to continue to have a power

                 plant on that site, 9 acres on the East River.

                            But because someone else determined

                 that that land was too valuable and it was

                 more attractive for development -- development

                 that, by the way, my district doesn't want or

                 need -- PSC is going to approve Con Edison

                 selling off that land so that we will not have

                 a power plant or the space for a power plant

                 to continue in a community that I would argue

                 is not overburdened at this point in time with

                 its fair share of power plants.  A community

                 that is not opposed to having a power plant

                 continue to be sited there.

                            But for other interests, for real

                 estate interests and for the dollar value of

                 the land, all the concerns that my colleagues

                 have raised here tonight do not get factored

                 in.  And instead, I am fairly, I suppose,

                 convinced that the Public Service Commission,

                 under Article X rules, will give them

                 permission to close down and no longer have

                 that site necessary for power.



                                                        5188



                            Your bill is about ensuring we have

                 sites for power plants.  And for all the

                 arguments that were raised about how power

                 plants are getting sited in poor communities

                 and communities of color, there's something

                 wrong also that we in fact then allow the loss

                 of a site for power plants in the city of

                 New York, which desperately needs energy, as

                 Senator Oppenheimer talked about Westchester

                 desperately needing alternatives for Indian

                 Point that we should close now, but we'll have

                 to close eventually anyway.

                            So that the process is wrong and

                 the plan is wrong from both directions.  And I

                 would argue, as Senator Connor did, that

                 clearly the Governor knows that he is not

                 giving this house a bill that can possibly be

                 passed and move forward when he does so at

                 9:15 on the last night of session.  So I will

                 also be voting no.

                            But I think that this house needs

                 to look long and hard about what we really do

                 in planning for the future of energy and

                 environmental justice and distribution,

                 including the fact that if we addressed our



                                                        5189



                 grid concerns and issues beyond the city of

                 New York, you wouldn't have to have so many

                 power plants all piled up together in one

                 small section of land.

                            Energy can be moved successfully

                 from place to place if you have invested and

                 planned in the future to be able to move it

                 from place to place.  So I think energy is an

                 issue for all of New York State.  And right

                 now what we are doing is we are overburdening

                 the communities who can least best fight

                 against the siting of plants in their

                 communities.

                            Thank you.  I vote no.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            Hold on a second.  Senator Wright.

                            SENATOR WRIGHT:    Thank you, Mr.

                 President, on the bill.  I'd like to close.

                            And I'd like to point out that I've

                 heard what the other side of the aisle has

                 said.  I recognize those issues.  And I would

                 point out that many of those issues are

                 exactly what I have been talking about in my

                 opening comments.  They are broader energy



                                                        5190



                 policy issues than they are siting issues.

                            And that is what has bogged down

                 the establishment of a siting process and the

                 continuation of Article X.  Any energy-related

                 issue has become an issue relative to siting.

                            That's not what the process

                 entails.  That's not what Article X entails.

                 The closure of a plant is not subject to

                 Article X.  It's subject to a PSC proceeding.

                 The closure of a nuclear facility, a nuclear

                 response capabilities, are not part of Article

                 X.  Those are separate issues.

                            Alternative energies, renewable

                 energies, we've passed bills here today with

                 your support that pursue those energy policies

                 that have nothing to do with Article X.

                            The whole issue of the, quote,

                 loophole -- 80 megawatts is a threshold.  It

                 does not mean you can go out and build any

                 facility you want under any megawatts anyplace

                 you want anywhere you want anytime you want.

                            What it means is you have to use a

                 different process.  That process is called the

                 SEQR process.  That process is an

                 environmental protection law used in this



                                                        5191



                 state, throughout this state, on a daily

                 basis.  That process includes hearings.  That

                 process was utilized.

                            Now, I'm not going to defend the

                 outcome of that process, because that's not

                 what this is about.  But let me point out that

                 by making that an aspect of this siting, it

                 has resulted in no siting bill.  And the

                 ultimate irony is in the absence of a siting

                 bill, the SEQR process now applies to

                 everything, above 80 as well as below 80.  So

                 if you felt disenfranchised under the old

                 process, it has only been compounded by this

                 current situation.

                            The issue of Polletti is a perfect

                 example of why you see new facilities being

                 advocated.  So that there is a significant

                 reduction of emissions, so that we do make the

                 positive investments that need to be made.

                 And it not only needs to be done there, it

                 needs to be done throughout the metropolitan

                 area.  And only by having a siting bill that

                 will address those issues will that happen.

                            We do understand that.  We are

                 trying to reach agreement on that.  We are



                                                        5192



                 committed to focusing on that and to

                 generating new capacity in this state.  But we

                 want to do it within a process called siting

                 and focusing on that as opposed to it being

                 the catchall for every disenfranchised issue

                 within the energy arena.

                            So we are committed to moving

                 forward on siting.  I think you've seen this

                 bill make progress.  The expiration only

                 occurred six months ago.  And fortunately or

                 unfortunately, the energy industry has not

                 been making decisions, because the financial

                 wherewithal has not been there.  So we are in

                 a position that we can still address this

                 issue, we can still move forward.

                            And I remain committed, as I

                 believe others do, to achieving a successful

                 resolution.  And among those others I include

                 the Governor, who I think is very sincere

                 about trying to move this process forward but

                 also trying to stay focused on what we're

                 doing.

                            Madam President, I appreciate the

                 opportunity.  I vote aye on the bill.

                            ACTING PRESIDENT McGEE:    Read the



                                                        5193



                 last section.

                            THE SECRETARY:    Section 12.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            SENATOR DIAZ:    I want to explain

                 my vote.

                            ACTING PRESIDENT McGEE:    Senator

                 Diaz, to explain his vote.

                            SENATOR DIAZ:    Yes, thank you,

                 Madam President.

                            I just want to make clear again, to

                 repeat again, that for new siting, 61 sites

                 were looked at to build 11 miniplants.  Out of

                 those 11 miniplants, seven were built in

                 minority communities and four of them were

                 built in the Bronx.  The Polletti plant in

                 Queens is only half a mile across from the

                 four plants that were built in my district.

                 That's an injustice.

                            I think that we are here today --

                 and I know, and I know, Madam President, I

                 know in the six months that I have been here,

                 I know that when a bill comes from the



                                                        5194



                 Majority to the floor, and I am in the

                 Minority, I know that sometimes -- all the

                 time, to speak against it, to talk against the

                 bill is an exercise in futility.

                            Nonetheless, nonetheless I would

                 like to say that it's an injustice what has

                 been done to my community, it's an injustice

                 what we're trying to do, and it was an

                 injustice what this administration did to

                 build four miniplants in my district.

                            I'm voting with all my heart, with

                 all my chest, proudly voting no against this

                 bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Diaz will be recorded in the negative.

                            Senator Onorato.

                            SENATOR ONORATO:    To explain my

                 vote, Madam President.

                            Madam President, I've heard a lot

                 of the comments from my colleagues regarding

                 the issue, and it is a very, very serious

                 issue, especially for the metropolitan

                 community.  But we all are in recognition of

                 the fact that we do need added power to

                 service the many needs of the community.



                                                        5195



                            But they always keep losing sight

                 of the fact that while they're building these

                 new plants by getting into the loopholes with

                 the 79.9, they are still adding more pollution

                 to the already oversaturated areas in the

                 metropolitan area.

                            And nowhere does it state here in

                 the siting bill that before you can site a new

                 plant in a given area, that if there are

                 existing plants that have been grandfathered

                 in to allow all kinds of pollution to come in,

                 that they must upgrade their products.

                            I will continue to vote no on these

                 siting bills until those drastic measures are

                 addressed.

                            ACTING PRESIDENT McGEE:    Senator

                 Onorato, in the negative.

                            Announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1633 are

                 Senators Andrews, Breslin, Brown, Connor,

                 Diaz, Dilan, Duane, Gonzalez,

                 Hassell-Thompson, L. Krueger, Lachman,

                 LaValle, Montgomery, Onorato, Oppenheimer,

                 Padavan, Parker, Paterson, Sabini, Saland,



                                                        5196



                 Sampson, Schneiderman, M. Smith, Stachowski,

                 and Stavisky.  Ayes, 36.  Nays, 25.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Flanagan.

                            SENATOR FLANAGAN:    Madam

                 President, could we go to the Supplemental

                 Active List Number 3, the noncontroversial

                 reading, please.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read Supplemental Number 3,

                 beginning with Calendar Number 733.

                            THE SECRETARY:    Calendar Number

                 733, by Senator Farley, Senate Print 3871A, an

                 act to amend the Banking Law.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Is there a

                 message of necessity at the desk, Madam

                 President?

                            ACTING PRESIDENT McGEE:    The

                 message of necessity is at the desk.

                            SENATOR FLANAGAN:    Move to accept

                 that message, please.

                            ACTING PRESIDENT McGEE:    The



                                                        5197



                 motion is to accept the message of necessity.

                 All in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message of necessity is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 770, substituted earlier today by Member of

                 the Assembly McLaughlin, Assembly Print Number

                 6954, an act to amend the Real Property Tax

                 Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.



                                                        5198



                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 968, by Senator LaValle, Senate Print 1664C,

                 an act to amend the Town Law.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, to explain his vote.

                            SENATOR BONACIC:    Thank you,

                 Madam President.

                            You know, I serve as chairman of



                                                        5199



                 Senate Housing.  And what is happening in

                 Suffolk is a goal of open space.  What the

                 towns in Orange County are doing, and Ulster

                 County, which is in my Senate district, they

                 are pointing to Suffolk County as an example

                 of what our counties can do to preserve open

                 space.

                            I have opposed the transfer tax in

                 Orange County.  I think the tax is regressive,

                 it's exclusionary, it is a detriment to

                 affordable housing, and it's an obstacle to

                 the American dream.  And for those reasons, I

                 vote in the negative.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic will be recorded in the negative.

                            Announce the results.

                            THE SECRETARY:    In relation to

                 Calendar Number 968:  Ayes, 60, nays, 1.

                 Senator Bonacic recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1343, by Senator Morahan, Senate Print 5489A,

                 an act to amend Chapter 621 of the Laws of



                                                        5200



                 1999.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Madam

                 President, is there a message of necessity at

                 the desk?

                            ACTING PRESIDENT McGEE:    Yes,

                 there is a message of necessity at the desk.

                            SENATOR FLANAGAN:    Move to accept

                 that message, please.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        5201



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Flanagan, that completes

                 the reading of the noncontroversial calendar,

                 Supplemental Number 3.

                            SENATOR FLANAGAN:    Madam

                 President, if we can return to the order of

                 motions and resolutions and take up the

                 substitutions, please.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    On page 10,

                 Senator LaValle moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 4421A

                 and substitute it for the identical Senate

                 Bill Number 2027A, Third Reading Calendar 251.

                            And on page 29, Senator Spano moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 8264 and substitute it

                 for the identical Senate Bill Number 3607,

                 Third Reading Calendar 826.

                            ACTING PRESIDENT McGEE:

                 Substitutions ordered.

                            Senator Flanagan.



                                                        5202



                            SENATOR FLANAGAN:    Madam

                 President, if we could stand at ease

                 temporarily, please.

                            ACTING PRESIDENT McGEE:    The

                 Senate will stand at ease temporarily.

                            (Whereupon, the Senate stood at

                 ease at 9:30 p.m.)

                            (Whereupon, the Senate reconvened

                 at 10:00 p.m.)

                            SENATOR FLANAGAN:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    There will be

                 an immediate meeting of the Rules Committee in

                 the Majority Conference Room.

                            ACTING PRESIDENT McGEE:    There

                 will be an immediate meeting of the Rules

                 Committee in the Majority Conference Room.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, may I have unanimous consent to be

                 recorded in the negative on Calendar Number

                 1583.

                            ACTING PRESIDENT McGEE:    Without



                                                        5203



                 objection.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, I request unanimous consent to be

                 recorded in the negative on Calendar Number

                 968.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Morahan.

                            SENATOR MORAHAN:    Madam

                 President, I'd like to be recorded in the

                 negative on Calendar 1633.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR MORAHAN:    Thank you.

                            ACTING PRESIDENT McGEE:    Thank

                 you.

                            Senator Flanagan.

                            SENATOR FLANAGAN:    Madam

                 President, please recognize Senator Larkin.

                            ACTING PRESIDENT McGEE:    Senator

                 Larkin.

                            SENATOR LARKIN:    Madam President,

                 earlier today when many committees were going

                 on, we passed the calendar for resolutions.



                                                        5204



                 There was a Number 2399 which was designating,

                 in conjunction with the federal government,

                 for August 7th to be Purple Heart Day in

                 America.

                            And I would like to see us open

                 that up, because as you know, that everybody

                 that helped us should be part of the end of

                 the program.

                            ACTING PRESIDENT McGEE:    Please

                 be advised the resolution is open for

                 sponsorship by everyone.  And as is our

                 general custom, if you don't wish to be on the

                 resolution, please notify the desk.

                            Senator Johnson.

                            SENATOR JOHNSON:    Madam

                 President, without objection, I'd like to be

                 recorded in the negative on Bill Number 1618.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR JOHNSON:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Balboni.

                            SENATOR BALBONI:    Madam

                 President, I'd like to have unanimous consent

                 to be recorded in the negative on Calendar



                                                        5205



                 Number 1633.

                            ACTING PRESIDENT McGEE:    1633?

                            SENATOR BALBONI:    Yes.

                            ACTING PRESIDENT McGEE:    Thank

                 you, Senator Balboni.  Without objection.

                            Senator Flanagan.

                            SENATOR FLANAGAN:    If we could

                 return to the reports of standing committees,

                 I believe there's a Rules Committee report at

                 the desk.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 316B, by Senator

                 Nozzolio, an act to amend the Education Law;

                            1238, by Senator Breslin, an act to

                 amend the Retirement and Social Security Law;

                            1309, by Senator Brown, an act to

                 amend the Vehicle and Traffic Law;

                            1663B, by Senator LaValle, an act

                 authorizing;

                            3124A, by Senator Libous, an act to

                 amend the County Law;



                                                        5206



                            3748A, by Senator Seward, an act to

                 amend the Vehicle and Traffic Law;

                            3762A, by Senator Balboni, an act

                 to amend the Education Law;

                            4238, by Senator Little, an act to

                 amend the Environmental Conservation Law;

                            4511, by Senator Rath, an act to

                 amend the General Business Law;

                            4590A, by Senator Libous, an act to

                 amend the Tax Law;

                            4808, by Senator Hannon, an act to

                 amend the Public Health Law;

                            5172, by Senator Bonacic, an act to

                 amend the Agriculture and Markets Law;

                            5220A, by Senator Seward, an act to

                 amend the Insurance Law;

                            5503A, by Senator Maziarz, an act

                 to amend the Real Property Tax Law;

                            5538, by Senator Libous, an act to

                 amend the Alcoholic Beverage Control Law;

                            5648, by the Senate Committee on

                 Rules, an act to amend the General City Law;

                            5658, by the Senate Committee on

                 Rules, an act to amend;

                            5671, by Senator Hannon, an act to



                                                        5207



                 amend the Public Health Law;

                            5686, by Senator Morahan, an act to

                 amend the Election Law;

                            And Senate Print 5687, by Senator

                 Morahan, an act to appropriate.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Madam

                 President, I move to accept the report of the

                 Rules Committee.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the Rules Committee

                 report.  All in favor will signify by saying

                 aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 report of the Rules Committee is accepted.

                            Senator Flanagan.

                            SENATOR FLANAGAN:    Madam

                 President, if we could stand at ease, please.



                                                        5208



                            ACTING PRESIDENT McGEE:    The

                 Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 10:10 p.m.)

                            (Whereupon, the Senate reconvened

                 at 10:17 p.m.)

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Madam

                 President, if we could please go to

                 Supplemental Calendar Number 60D and have the

                 noncontroversial reading.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1637, by Senator Nozzolio, Senate Print 316B,

                 an act to amend the Education Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,



                                                        5209



                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1638, Senator Breslin moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 2731 and substitute it

                 for the identical Senate Bill Number 1238,

                 Third Reading Calendar 1638.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1638, by Member of the Assembly McEneny,

                 Assembly Print Number 2731, an act to amend

                 the Retirement and Social Security Law.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.



                                                        5210



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1639, by Senator Brown, Senate Print 1309, an

                 act to amend the Vehicle and Traffic Law.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect January 1, 2005.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1640, by Senator LaValle, Senate Print 1663B,

                 an act authorizing Giustina R. Lombardi.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the



                                                        5211



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1641, Senator Libous moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 6968B and substitute it

                 for the identical Senate Bill Number 3124A,

                 Third Reading Calendar 1641.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1641, by Member of the Assembly Finch,

                 Assembly Print Number 6968B, an act to amend

                 the County Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        5212



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1642, Senator Seward moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 6941A and substitute it

                 for the identical Senate Bill Number 3748A,

                 Third Reading Calendar 1642.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1642, by Member of the Assembly Sweeney,

                 Assembly Print Number 6941A, an act to amend

                 the Vehicle and Traffic Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 30th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill



                                                        5213



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1643, by Senator Balboni, Senate Print 3762A,

                 an act to amend the Education Law.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1644, by Senator Little, Senate Print 4238, an

                 act to amend the Environmental Conservation

                 Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1645, by Senator Rath, Senate Print 4511, an

                 act to amend the General Business Law.



                                                        5214



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1646, by Senator Libous, Senate Print 4590A,

                 an act to amend the Tax Law, in relation to

                 extending.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        5215



                            THE SECRETARY:    In relation to

                 Calendar Number 1647, Senator Hannon moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 7855 and substitute it

                 for the identical Senate Bill Number 4808,

                 Third Reading Calendar 1647.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1647, by the Assembly Committee on Rules,

                 Assembly Print Number 7855, an act to amend

                 the Public Health Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1648, by Senator Bonacic, Senate Print 5172,



                                                        5216



                 an act to amend the Agriculture and Markets

                 Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1649, by Senator Seward, Senate Print 5220A,

                 an act to amend the Insurance Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        5217



                            THE SECRETARY:    Calendar Number

                 1650, by Senator Maziarz, Senate Print 5503A,

                 an act to amend the Real Property Tax Law.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Madam

                 President, is there a message of necessity at

                 the desk?

                            ACTING PRESIDENT McGEE:    There is

                 a message of necessity at the desk.

                            SENATOR FLANAGAN:    Move to accept

                 that message, please.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed

                 will say nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 motion is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the



                                                        5218



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1651, by Senator Libous, Senate Print 5538, an

                 act to amend the Alcoholic Beverage Control

                 Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect January 1, 2004.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1652, by the Senate Committee on Rules, Senate

                 Print Number 5648, an act to amend the General

                 City Law --

                            SENATOR FLANAGAN:    Lay that bill

                 aside, please.



                                                        5219



                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1653, by the Senate Committee on Rules, Senate

                 Print Number 5658, an act to amend Chapter 83

                 of the Laws of 2002.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    Yes,

                 there is.

                            SENATOR FLANAGAN:    Move to accept

                 that message, please.

                            ACTING PRESIDENT McGEE:    The

                 motion is made to accept the message of

                 necessity.  All in favor will signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            The Secretary will read the last



                                                        5220



                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1655, by Senator Morahan, Senate Print 5686,

                 an act to amend the Election Law.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    There is

                 a message of necessity at the desk.

                            SENATOR FLANAGAN:    Move to accept

                 that message.

                            ACTING PRESIDENT McGEE:    The

                 motion is made to accept the message of

                 necessity.  All in favor will say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,



                                                        5221



                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1656, by Senator Morahan, Senate Print 5687,

                 an act to appropriate.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    There is

                 a message of necessity at the desk.

                            SENATOR FLANAGAN:    Move to accept

                 that message, please.

                            ACTING PRESIDENT McGEE:    The



                                                        5222



                 motion is made to accept the message of

                 necessity.  All in favor will signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            Senator Flanagan, that completes

                 the noncontroversial reading of the calendar.

                            Senator Duane.

                            SENATOR DUANE:    Thank you, Madam

                 President.  If I could have unanimous consent

                 to change my vote on 1637 from no to yes.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Flanagan.



                                                        5223



                            SENATOR FLANAGAN:    Madam

                 President, can we move to the controversial

                 reading of Calendar 60D, please.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1643, by Senator Balboni, Senate Print 3762A,

                 an act to amend the Education Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR STAVISKY:    Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Balboni, an explanation has been requested.

                            SENATOR BALBONI:    Thank you,

                 Madam President.

                            This bill would establish the

                 professional licensing requirements for

                 professional and technical personnel who

                 perform clinical testing in clinical

                 laboratories.

                            This bill is before us this evening

                 for two reasons.  The first is that the

                 Association of Public Health Laboratories, in

                 a recent conference in Atlanta, Georgia, at

                 the Center for Disease Control, announced that



                                                        5224



                 they have done a national survey of

                 laboratories in conjunction with an assessment

                 for the laboratories' capability to respond to

                 for bio- and chemical terrorism events.

                            They have found a majority of

                 laboratories in the United States unfit and

                 unprepared to be able to perform the necessary

                 tests so as to provide accurate, concise, and

                 rapid information in the event of a bio- or

                 chemical attack.

                            In addition to which, in recent

                 years medicine has changed.  Seventy to

                 75 percent of all diagnoses of our

                 constituents come from the basis or based upon

                 clinical laboratory tests.

                            This bill before us would provide

                 the necessary standards that are commensurate

                 with a national basis of standards for

                 clinical labs within New York State.

                            There are three new professional

                 license categories.  They are the clinical

                 laboratory technologist, clinical laboratory

                 technician, and cytotechnologist.

                            This bill has a grandfather clause

                 for the workers who currently work within the



                                                        5225



                 laboratory structure.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Stavisky.

                            SENATOR STAVISKY:    On the bill,

                 Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Stavisky, on the bill.

                            SENATOR STAVISKY:    My curiosity

                 was --

                            SENATOR ONORATO:    Aroused.

                            SENATOR STAVISKY:    I'm not using

                 that word.

                            My curiosity became -- well, the

                 reason I asked that the bill be laid aside was

                 I noticed the bill was introduced on April 1,

                 2003.  And at 10:30 at night -- I've only

                 gotten to page 3, and I'm not a slow reader --

                 I would have hoped that we would have enough

                 time to at least study the bill, perhaps have

                 a bill memo or any of the, you know, little

                 things that help us to study the issue.

                            However, I accept Senator Balboni's

                 national security need for this bill, and my

                 objection is withdrawn.  But I hope -- I



                                                        5226



                 suspect that this will be a one-house bill,

                 and hopefully we'll have a little time to

                 study it next year.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect September 1, 2005.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1652, by the Senate Committee on Rules, Senate

                 Print 5648, an act to amend the General City

                 Law and the Administrative Code of the City of

                 New York.

                            SENATOR FLANAGAN:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1655, by Senator Morahan, Senate Print 5686,

                 an act to amend the Election Law.

                            SENATOR SABINI:    Explanation.



                                                        5227



                            ACTING PRESIDENT McGEE:    Senator

                 Morahan, an explanation has been requested.

                            SENATOR FLANAGAN:    Madam

                 President, please lay that bill aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            SENATOR FLANAGAN:    And Calendar

                 1656, please.

                            ACTING PRESIDENT McGEE:    Calendar

                 Number 1656 has also been laid aside.

                            Senator Flanagan, that completes

                 the controversial reading of the calendar.

                            SENATOR FLANAGAN:    Madam

                 President, could we please stand at ease

                 temporarily.

                            ACTING PRESIDENT McGEE:    The

                 Senate will stand at ease temporarily.

                            (Whereupon, the Senate stood at

                 ease at 10:31 p.m.)

                            (Whereupon, the Senate reconvened

                 at 11:29 p.m.)

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Madam

                 President, there will be an immediate



                                                        5228



                 conference of the Minority in the Minority

                 Conference Room.

                            ACTING PRESIDENT McGEE:

                 Immediate conference of the Minority in the

                 Minority Conference Room.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we ask for an immediate meeting of the

                 Rules Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT McGEE:    There

                 will be an immediate meeting of the Rules

                 Committee in the Majority Conference Room.

                            Senator Bruno.

                            SENATOR BRUNO:    And the Senate

                 will stand at ease for another minute or two.

                            ACTING PRESIDENT McGEE:    The

                 Senate will stand at ease for another minute

                 or two.

                            SENATOR BRUNO:    Thank you.

                            (Whereupon, the Senate stood at

                 ease at 11:30 p.m.)

                            (Whereupon, the Senate reconvened

                 at 11:52 p.m.)

                            ACTING PRESIDENT McGEE:    Senator



                                                        5229



                 Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we at this time return to reports of

                 standing committees.

                            I believe there's a report of the

                 Rules Committee at the desk.  I would ask that

                 it be read at this time.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 4024A, by Senator

                 Velella, an act to amend the Vehicle and

                 Traffic Law;

                            5689, by the Senate Committee on

                 Rules, an act to amend Chapter 53 of the Laws

                 of 2003;

                            5692, by the Senate Committee on

                 Rules, an act to amend the County Law and the

                 Public Authorities Law;

                            And Senate Print 5693, by the

                 Senate Committee on Rules, an act to amend the

                 Local Emergency Housing Rent Control Act.

                            All bills ordered direct to third



                                                        5230



                 reading.

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.

                            SENATOR BRUNO:    I would move to

                 accept the report of Rules Committee.

                            ACTING PRESIDENT McGEE:    All in

                 favor of accepting the Rules report will

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 Rules report is accepted.

                            Senator Bruno.

                            SENATOR BRUNO:    Can we at this

                 time have the reading of the noncontroversial

                 calendar -- what number is it? -- 60E.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    In relation to

                 Calendar Number 1632, Senator Velella moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 7432A and substitute it

                 for the identical Senate Bill Number 4024A,



                                                        5231



                 Third Reading Calendar 1632.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1632, by Member of the Assembly Paulin,

                 Assembly Print Number 7432A, an act to amend

                 the Vehicle and Traffic Law.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1657, by the Senate Committee on Rules, Senate

                 Print Number 5689, an act to amend Chapter 53

                 of the Laws of 2003.

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.



                                                        5232



                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    Yes,

                 there is a message of necessity at the desk.

                            SENATOR BRUNO:    I would move to

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 say nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1658, by the Senate Committee on Rules, Senate

                 Print Number 5692, an act to amend the County

                 Law and the Public Authorities Law.

                            ACTING PRESIDENT McGEE:    Senator



                                                        5233



                 Bruno.

                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    Yes,

                 there is a message of necessity at the desk.

                            SENATOR BRUNO:    I would move to

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1659, by the Senate Committee on Rules, Senate



                                                        5234



                 Print Number 5693, an act to amend the Local

                 Emergency Housing Rent Control Act.

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.

                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    Yes,

                 there is a message of necessity at the desk.

                            SENATOR BRUNO:    I would move to

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 say nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            Senator Bruno.



                                                        5235



                            SENATOR BRUNO:    Can we have the

                 controversial reading of the calendar.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1657, by the Senate Committee on Rules, Senate

                 Print Number 5689, an act to amend Chapter 53

                 of the Laws of 2003.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Johnson, an explanation has been requested.

                            SENATOR JOHNSON:    This bill is a

                 bill which appropriates money in the budget.

                 It amends the chapter laws which we've adopted

                 for the budget -- Chapter Law 55, 50, 54,

                 53 -- and changes some of the numbers around a

                 bit.

                            It doesn't make a large difference.

                 It covers the same things which the budget

                 covered when it passed originally in those

                 chapters.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Madam



                                                        5236



                 President, through you, if the sponsor would

                 yield for a question.

                            ACTING PRESIDENT McGEE:    Senator

                 Johnson, will you yield?

                            SENATOR JOHNSON:    Yes, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.

                            Is this bill a bill on which we've

                 reached agreement with the Assembly?

                            SENATOR JOHNSON:    Yes, it is.

                            SENATOR SCHNEIDERMAN:    This is

                 now a two-house bill going in the Assembly?

                            SENATOR JOHNSON:    Well, it will

                 be a three-house.  Isn't that right?

                            Oh, I'm sorry.  Apparently it's not

                 agreed on.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            ACTING PRESIDENT McGEE:    Any

                 other Senator wishing to speak on the bill?

                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.



                                                        5237



                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1658, by the Senate Committee on Rules, Senate

                 Print Number 5692, an act to amend the County

                 Law and the Public Authorities Law.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Johnson, an explanation has been requested.

                            SENATOR JOHNSON:    This, Madam

                 President, is essentially a bill which has the

                 language implementing the budget bill which

                 that just been passed.  It's called the

                 Article 7 bill.  It's a fiscal plan for the

                 2003-2004 year, and it allocates the money, as

                 I said, which is in the budget bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  If the sponsor would yield



                                                        5238



                 for a question.

                            ACTING PRESIDENT McGEE:    Senator

                 Johnson, will you yield for a question?

                            SENATOR JOHNSON:    Yes, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    Is this

                 bill agreed upon with the Assembly?

                            SENATOR JOHNSON:    It is not.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1659, by the Senate Committee on Rules, Senate

                 Print Number 5693, an act to amend the Local



                                                        5239



                 Emergency Housing Rent Control Act.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, an explanation has been requested.

                            SENATOR BONACIC:    Thank you,

                 Madam President.

                            This is a Governor's program bill

                 that addresses rent control.  And it extends

                 it eight years.  It does not affect the life

                 of any tenant or landlord.  There are no

                 changes to the existing rent control law.  It

                 would run from today to June 15, 2011.

                            There are three technical

                 clarifications, and I will quickly explain

                 them to you.

                            The first is the Urstadt Law that

                 is reconfirmed and clarified, which will

                 continue to give the state sole jurisdiction

                 over housing and rent in the state of

                 New York, including New York City.

                            The second and third amendments

                 deal with the code, the code being DHCR, that

                 we are now putting in statute.  And if I can

                 give you an example of the two changes.



                                                        5240



                            If a unit was vacant and was

                 deregulated at $2,000 a month, if that

                 landlord wanted to voluntarily reduce the rent

                 because the market, in order to fill it, was

                 lower, and charge $1,500 a month with that

                 tenant, well, when that lease got renewed

                 again, that landlord could then kick the rent

                 up to $2,000 a month.  And it's still a

                 deregulated unit even though it fell below

                 $2,000.

                            And last but not least, the other

                 amendment, again, they call it the legal rate.

                 But if the landlord wants to lower it --

                 again, called the preferential rate -- lower

                 than the legal rate, when they again want to

                 renew, they can kick it up to the legal rate

                 without going through the Rent Stabilization

                 Board, applying for higher rents.

                            That is a practice that is existing

                 now on all three things that I've explained.

                 And there are no changes other than to go into

                 statute what was in code and reaffirm the

                 Urstadt Law that's been in existence since

                 1971.

                            I believe that it gives landlords



                                                        5241



                 and tenants stability and protection for the

                 next eight years.

                            This bill has not been agreed upon

                 with the Assembly.  It's been agreed upon with

                 the Governor, the Senate.  And -- but we

                 think -- there is a bill that the Assembly has

                 passed for a four-year extension.  We are

                 making it -- our proposal is an eight-year

                 extension.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President, if the sponsor would yield

                 for some questions.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, will you yield?

                            SENATOR BONACIC:    Absolutely.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    The --

                 this piece of legislation at the bottom of

                 page 2, the paragraph that starts at the

                 bottom of page 2, is the provision that's

                 currently in effect restricting local

                 governments from providing for their own rent



                                                        5242



                 regulations.  We are now adding a paragraph,

                 it's the first full paragraph at the top of

                 page 3, that provides further restrictions to

                 what has become known as the Urstadt Law.

                            I'd request that the sponsor

                 explain what further restrictions are provided

                 by this new paragraph such as to make it

                 necessary as an amendment to the current

                 Urstadt Law.

                            SENATOR BONACIC:    First of all,

                 why we are reaffirming the Urstadt Law is

                 there was a judicial decision in 2002 called

                 the Missionary Sisters vs. the DHCR.  And

                 there were questions raised as to whether or

                 not it diluted the Urstadt Law.

                            We want to make it clear that we

                 want the Urstadt Law to apply.  We're giving

                 legislative intent that we intend to retain

                 jurisdiction over housing and rent.  And

                 basically, whatever interpretations you may

                 get out of the case Missionary Sisters vs.

                 DHCR, we are saying legislative intent, we're

                 controlling it, we're controlling the rents,

                 we're controlling housing decisions for the

                 State of New York, including New York City.



                                                        5243



                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  If the sponsor would

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, will you continue to yield?

                            SENATOR BONACIC:    I do.

                            ACTING PRESIDENT McGEE:    The

                 Senator continues to yield.

                            SENATOR SCHNEIDERMAN:    Well, in

                 the Urstadt Law, again, the paragraph that

                 starts at the bottom of page 2 of your bill

                 provides that no local law or ordinance shall

                 hereafter provide --

                            SENATOR BONACIC:    Excuse me.

                 Excuse me.  Can you just recite the number on

                 page 2, what line?

                            SENATOR SCHNEIDERMAN:    Line 50.

                            SENATOR BONACIC:    Okay, thank

                 you.

                            SENATOR SCHNEIDERMAN:    "No local

                 law or ordinance shall hereafter provide for

                 the regulation and control of residential

                 rents and eviction in respect of any housing

                 accommodations."  And then refers to the rent

                 control system.



                                                        5244



                            The new paragraph states that --

                 and we're on page 3, now line 7, "A city

                 having a population of 1 million or more shall

                 not, either through laws or ordinance with

                 respect to the regulation and control of

                 residential rents and evictions, including but

                 not limited to the provision for the

                 establishment or adjustment of rents, the

                 classification of housing accommodations, the

                 regulations of evictions and the enforcement

                 of such local laws or ordinances or otherwise

                 adopt laws or ordinances pursuant to the

                 provisions of this act."

                            That language is actually quite

                 different than the language in the Urstadt Law

                 at the bottom of page 2.  For example, this

                 would appear to prohibit a city from enacting

                 laws that I've actually used providing special

                 provisions to evict drug dealers or padlock

                 laws that shut down illegal activities.

                            SENATOR BONACIC:    The city still

                 retains jurisdiction over public and safety

                 issues.  We're not changing that.  That

                 supersedes the rent control laws.

                            The city has those inherent powers



                                                        5245



                 because they have jurisdiction over health and

                 safety, which is paramount.  And they can

                 always go in under that power and supersede

                 the rent regulation laws.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Through you, Madam President, if

                 the sponsor would continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, do you continue to yield?

                            SENATOR BONACIC:    I do.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            I'm not referring to public safety

                 laws.

                            By expanding the Urstadt Law to

                 refer not just to the regulation and control

                 of rents and evictions but to the regulation

                 and control of residential rents and

                 evictions -- including the classification of

                 housing accommodations, the regulation of

                 evictions, and the enforcement of such local

                 laws or ordinances or otherwise adopt laws or

                 ordinances pursuant to the provision of this

                 act -- that appears to me that it would



                                                        5246



                 prohibit the local government of the City of

                 New York from having an emergency eviction

                 procedure statute such as the city has.

                            It's not a public safety law, it's

                 an eviction law providing for different

                 methods to evict premises in which there has

                 been criminal activity.  It's not a part of

                 the criminal law, it is a part of the

                 landlord/tenant law.

                            Why would that not be prohibited

                 under this?

                            SENATOR BONACIC:    No.  The way I

                 read this section, the city still retains its

                 emergency powers, as well as powers over

                 public health and safety.  That does not

                 change.  Whatever powers the city had before,

                 they continue to have.  They're not diluted,

                 they're not enhanced.  It's exactly the same.

                            That's the intent of the

                 legislation.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 I know some of the my colleagues have

                 questions on that.

                            I'd like to move to the provision

                 on page 4, line 34, which has been referred to



                                                        5247



                 as the preferential rent provision.

                            There are two separate portions of

                 this new language.  I understand that -- let's

                 start with the second part, which starts at

                 line 40:  "Where subsequent to vacancy such

                 legal regulated rent is adjusted by the most

                 recent applicable guidelines, increases, and

                 any other increases authorized by law is

                 $2,000 or more per month, such housing

                 accommodation shall be excluded from the

                 provisions of this act pursuant to paragraph

                 13 of subdivision A of Section 5 of this act."

                            Doesn't that provision take out the

                 current requirements in law that there are

                 income requirements for a tenant as well as a

                 $2,000 rent requirement before a unit will be

                 decontrolled?

                            SENATOR BONACIC:    Okay.  As I

                 explained before, the rules that exist now are

                 still the same.  If a tenant earns $200,000

                 per year for two consecutive years and the

                 rent reaches $2,000 a month, it becomes

                 deregulated.  That doesn't change.  Where the

                 unit is vacant and it hits $2,000 a month,

                 it's deregulated.  It doesn't change.



                                                        5248



                            The preferential rent and the

                 discussions under this bill apply where the

                 landlord elects to lower the rent, because

                 that's what the market value is, in order to

                 fill the unit.

                            We don't -- we're sending a message

                 or -- and we're clarifying, we're not changing

                 the implementation that he can charge the

                 lower rent but when there's a renewal, he can

                 go back up to the $2,000 a month rental.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Through you, Madam President, if

                 the sponsor would continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, do you continue to yield?

                            SENATOR BONACIC:    I do.

                            ACTING PRESIDENT McGEE:    The

                 Senator continues to yield.

                            SENATOR BONACIC:    And I will

                 continue to yield to all your questions so we

                 can go back and forth.

                            SENATOR SCHNEIDERMAN:    Okay.

                 Thank you very much.  I appreciate the

                 courtesy of the respondent, if not the

                 sponsor.



                                                        5249



                            The sentence before that, which is

                 what you were referring to, I believe,

                 starting at line 34 of page 4, states that

                 "Where the amount of rent charged is less than

                 the legal regulated rent for the housing

                 accommodation, the amount of rent for such

                 accommodation which may be charged upon

                 renewal or upon vacancy may, at the option of

                 the owner, be based upon such previously

                 established legal regulated rent as adjusted."

                            The statement that the rent upon

                 vacancy may, at the option of the owner, be --

                 go back to the legally regulated ceiling

                 preexisting, does that not indicate that the

                 owner has the option to charge more?  It

                 simply states that at the option of the owner,

                 he can charge the preexisting legally

                 regulated rent, but he has the option not to.

                            Where is the language that

                 indicates in any way that the owner can only

                 opt for the legal limit or less?  Where is the

                 language that indicates that the option

                 provided here does not mean that the owner can

                 charge more?

                            SENATOR BONACIC:    Okay.  I want



                                                        5250



                 to make sure I understand your question.  And

                 let's do it by an example so we can relate to

                 it.

                            It's a deregulated unit at $2,000 a

                 month.  The landlord charges a preferential

                 rate of $1,500 a month.  Okay?  The legal rate

                 is $2,000.  Now, are you saying that when the

                 lease has to be renewed why can't the landlord

                 charge 2,200 or 1,800?  Is that your question?

                            SENATOR SCHNEIDERMAN:    Well --

                            SENATOR BONACIC:    In the example

                 that I gave.

                            SENATOR SCHNEIDERMAN:    No, not

                 really.  Because -- and this may be

                 inadvertent, but when the rent is $2,000, we

                 know from the next sentence that that unit

                 would be out of the system anyway.  If the

                 landlord --

                            SENATOR BONACIC:    If it's out of

                 the system, he could do what he wants with it.

                            SENATOR SCHNEIDERMAN:    So the

                 example I'm thinking of is where the legal

                 limit is $700.  The landlord is charging $600.

                 What this sentence says is that on renewal or

                 vacancy of this apartment, upon renewal or



                                                        5251



                 vacancy thereof, the rent may, at the option

                 of the owner, be based upon such previously

                 established legal regulated rent as adjusted

                 by the most recent applicable guidelines,

                 increases, and other increases authorized by

                 law.

                            My question is this.  The rent was

                 $600, the landlord was allowed to go up to

                 $700.  This gives the landlord the option,

                 upon renewal or vacancy, to go back to the

                 previously established rent.  What language

                 indicates that that option would not enable

                 the landlord to go higher?

                            It says that the landlord now has

                 an option to go to the legally established

                 rent preexisting the vacancy or renewal.

                 Where's the language saying he can't go

                 higher?

                            SENATOR BONACIC:    Is your

                 question dealing with a regulated or

                 deregulated unit?

                            SENATOR SCHNEIDERMAN:    Regulated.

                            This sentence has no -- this has no

                 language in it about any particular amount of

                 money.  This is about regulated units.



                                                        5252



                 There's no language that I see here, and I'm

                 trying to find out if it's somewhere else in

                 the bill, that says that the option -- that

                 we're giving the landlord in this provision an

                 option which has never existed before in this

                 state, is limited to the option to go to the

                 legal limit preexisting or lower.

                            I don't see any language here which

                 say this option does not mean that the

                 landlord can opt out.  He's got an option, he

                 can go to the legally regulated rent or not.

                 Where's the provision that stops him from

                 going higher?  Where's the provision that

                 stops him from going to $800 or $900?  If the

                 language is here, I just don't find it.

                            SENATOR BONACIC:    Okay.  Let's go

                 over the language together.  We're on page 4,

                 and you're talking of line 34 through 45.  Am

                 I correct?

                            SENATOR SCHNEIDERMAN:    That's

                 correct.  We're actually just talking about

                 the first sentence, 34 through 40, because the

                 other part relates to the $2,000 apartments

                 which we discussed earlier.  I'm just focusing

                 on the one sentence between lines 34 and 40.



                                                        5253



                            SENATOR BONACIC:    Okay.  It says

                 that where the amount of rent charged -- paid

                 by the tenant is less than the legal regulated

                 rent.  In your example, 700 is the legal rate;

                 the preferential rate is 600.  Correct so far,

                 in your example?

                            SENATOR SCHNEIDERMAN:    That's

                 fine.

                            SENATOR BONACIC:    Okay.  The

                 amount of rent for such housing accommodation,

                 which may be charged upon renewal -- now the

                 lease is coming up -- or upon vacancy, at the

                 option of the owner, be adjusted upon the

                 previously established legal rate.  That's the

                 $700, right so far?

                            SENATOR SCHNEIDERMAN:    At the

                 option of the owner, gotcha.

                            SENATOR BONACIC:    He can charge

                 the $700, as adjusted by the most recent

                 applicable guidelines, increases, or other

                 increases authorized by law.

                            Now, there, I believe, he would --

                 you're saying if he wanted to go to $750 or

                 $650?  Is that what you're raising?

                            SENATOR SCHNEIDERMAN:    What I'm



                                                        5254



                 raising is this says that it is the option of

                 the landlord whether or not he wants to go

                 back to the previously established legal rent.

                 It's an option.  Where's the language that

                 says he can't go higher?

                            SENATOR BONACIC:    The ceiling is

                 always the legal rate of $700.  But he could

                 go to $675.

                            SENATOR SCHNEIDERMAN:    Where does

                 it say that?

                            Through you, Madam President.  I'm

                 sorry to be excluding you.  Senator Bonacic is

                 being extremely courteous.

                            Where does it say he can't go to

                 $800?  It gives him an option to use the

                 previously established guideline.  It doesn't

                 say his other option is lower.  Where's the

                 language in the bill that says, that

                 guarantees for tenants that under this

                 provision the landlord couldn't come back at

                 $800 or $900 or $1,000?

                            SENATOR BONACIC:    There's nothing

                 in this language that you referred to that

                 gives the landlord the authority to go over

                 the previous legal rent rate.  In our example,



                                                        5255



                 he can only go as high as $700.

                            SENATOR SCHNEIDERMAN:    But

                 where -- I'm sorry, please point me to some

                 words that say that, that say this -- it says

                 an option, the landlord has an option.  It

                 doesn't say that his only option is the

                 legally established rent or lower.  Where does

                 it say that?

                            SENATOR BONACIC:    I think the

                 confusion is in your use of "an option."  And

                 we're saying that the option, in our example,

                 the landlord has the option of going somewhere

                 between 600 and the legal rate.

                            It can only be lower than the legal

                 rate or the legal rate.  That's the option as

                 provided by law.  That's what the law is now.

                 I mean, that's what the code is now.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Once again, can you please point me

                 to the provision anywhere in this statute that

                 supersedes this provision?  Because this

                 provision is a freestanding provision

                 conveying a new option to landlords, providing

                 a new option to landlords not hitherto

                 existing in the law.



                                                        5256



                            Where else in the law does it say

                 that this provision is superseded and that the

                 legal limit is the maximum?  I'm sorry, I just

                 can't find it anywhere in this law -- in this

                 section or any other section.

                            SENATOR BONACIC:    And I will

                 answer you that it's our intent that the

                 language that I'm going to read to you is the

                 ceiling of which the landlord is bound by and

                 can never go higher than the legal rate.

                 Okay?

                            I'm going to read the part.  And it

                 will be up to lawyers to say -- you want it

                 more clear, you want another provision that

                 says in no event can the landlord go above the

                 legal rate.  But we think we've covered it

                 here.  And I'm going to read it to you.

                            "Upon renewal" -- again, I'm on

                 page 37 -- "upon renewal or upon vacancy may,

                 at the option of the owner, be based upon such

                 previously established legal regulated rent."

                 Period.  He can't go higher, because it says

                 that's the highest he can go.  All right?

                 That's how we read it.  That's how it was

                 prepared.  That's the intent.



                                                        5257



                            Nowhere does it say the landlord

                 has the option to go above the previous legal

                 rent.

                            ACTING PRESIDENT McGEE:

                 Gentlemen, there's been some leniency here.  I

                 wish you would work through the chair.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 Thank you, Madam President.  I appreciate

                 Senator Bonacic's courtesy.

                            I don't -- unfortunately, I think

                 that the concession that this would be up to

                 lawyers to decide is precisely what we're

                 worried about.  There is nothing here that

                 states in any way, shape, or form that this

                 option -- the option -- it's upon renewal or

                 vacancy at the option of the owner, the rent

                 may be based on the previously established

                 regulated rent.

                            It doesn't say "or it has to be

                 lower."  There's no other provision that

                 supersedes this and imposes that requirement.

                 I'm afraid this is something that is a time

                 bomb for a tremendous number of tenants.

                            But let me ask another question.

                 The current provision, the code provision on



                                                        5258



                 preferential rents, only provides that upon

                 vacancy of the tenant who pays a preferential

                 rate the legal regulated rent shall be the

                 legally regulated rent previously established.

                            Now, in that code section it

                 doesn't say the landlord has an option to use

                 the previously established rent.  It states

                 "upon vacancy of the tenant who pays a

                 preferential rent, the legal regulated rent

                 shall be the legal regulated rent previously

                 established by record within four years prior

                 thereto," plus all intervening guidelines.

                            So if I were a lawyer representing

                 a landlord going into court, I would say:

                 Your Honor, this language is not -- repeat,

                 reiterate -- the statement that the rent shall

                 be the legal regulated rent, it says the

                 landlord has an option to base the rent on

                 such previously established legal regulated

                 rent.

                            Could the sponsor or respondent or

                 guy who's being put out here please try and

                 help me clarify that issue?  Because there's a

                 dramatic difference between the current

                 language and the language in this section.



                                                        5259



                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic.

                            SENATOR BONACIC:    Thank you,

                 Madam President.

                            The option is always the legal rate

                 or lower.  It's never higher.

                            And we jumped to the next question.

                 But when I read that section to you, it says

                 "authorized by law."  The landlords cannot now

                 in New York City charge above the legal rate.

                 And the only way they can go higher is when

                 they go through the Rent Stabilization Board

                 and get increases.  That's what the law is now

                 in the city.

                            So that is your protection of why

                 the landlord can't charge higher than the

                 legal rate when we use the word "option."

                            SENATOR SCHNEIDERMAN:    I'm sorry,

                 what line was that on?

                            SENATOR BONACIC:    That was

                 page -- again, I'm on page 4 and I'm on lines

                 39 and 40, continuing --

                            SENATOR SCHNEIDERMAN:    Where it

                 says that upon renewal or upon -- through you

                 Madam President, if I may continue.



                                                        5260



                            ACTING PRESIDENT McGEE:    Thank

                 you.  Thank you, Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    "Upon

                 renewal or upon vacancy the rent may, at the

                 option of the owner, be based upon such

                 previously established legal regulated rent as

                 adjusted by the most recent applicable

                 guidelines, increases, and other increases

                 authorized by law."  Is that what we're

                 referring to?

                            SENATOR BONACIC:    Well, what I'm

                 saying is the units that are authorized by

                 law, you can't go above the legal rate.  Isn't

                 there a process in place?  You have to go

                 through the Rent Stabilization Board, make

                 your expenditures known, to justify a rate

                 increase, to bump up the legal rate.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman, yes.

                            SENATOR SCHNEIDERMAN:    Why, if

                 that is true --

                            ACTING PRESIDENT McGEE:    Are you

                 asking Senator Bonacic to yield again?



                                                        5261



                            SENATOR SCHNEIDERMAN:    Yes, if he

                 would continue to yield.

                            SENATOR BONACIC:    And I do.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, do you yield?

                            SENATOR BONACIC:    I do.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            I'm not going to spend much more

                 time on this.  But the question really is why,

                 if that is the intent, are we putting in the

                 language of this critical law for millions of

                 people for the first time ever a concept that

                 it is at the option of the owner to go back to

                 the previously established legal rent, when

                 the existing statute states "upon vacancy of

                 the tenant, the legal regulated rent shall be

                 the legal regulated rent?"  No language of

                 option.

                            Why are we putting in the language

                 of the option?

                            SENATOR BONACIC:    I can see

                 obviously you're troubled by the word

                 "option."

                            And I'm suggesting to you -- and

                 I'm not only suggesting to you, I pointed to



                                                        5262



                 the language -- the word "option" only refers

                 to lowering the rate below the legal rent rate

                 at owner's option.  He can charge the 600, the

                 625, the 650, or, upon renewal, he can go back

                 the 700.  He can never go above the 700, the

                 legal rate.

                            That's the way it's applied now

                 under the code, and we're just putting it in

                 statute.  You're struggling -- you know, we've

                 been on the floor almost 15 hours, and we're

                 struggling with language.  But what I'm

                 suggesting to you, the way we drafted the

                 language, it's our intent that the landlord

                 never has the right to go above the legal

                 rate.  That's what the language says.  That's

                 what we intended it to say.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  If the sponsor will yield

                 for one more question from me.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, do you yield for one more question?

                            SENATOR BONACIC:    I do.

                            ACTING PRESIDENT McGEE:    The



                                                        5263



                 Senator yields.

                            SENATOR SCHNEIDERMAN:    Does this

                 provision not also provide another change?  In

                 the current code, it states "upon vacancy of

                 the tenant."  This states upon --

                            SENATOR BONACIC:    What line are

                 you reading from?

                            SENATOR SCHNEIDERMAN:    I am now

                 going back to line 38 on page 4.  Or line 37,

                 excuse me.

                            This says "the amount of rent for

                 housing accommodation which may be charged

                 upon renewal or upon vacancy."  The current

                 code only allows for this sort of preferential

                 rent provision upon vacancy.  Is that not a

                 significant change entitling landlords to

                 modify the rent upon renewal and not just

                 simply upon vacancy?

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic.

                            SENATOR BONACIC:    Ready, okay.

                            Right now, under the DHCR code, the

                 landlord can raise the rent when there's a

                 vacancy.  I believe that they are presently

                 amending their code to make it upon vacancy or



                                                        5264



                 lease renewal.

                            And what triggered that was the

                 case that I referred to of the Missionary

                 Sisters vs. DHCR.  That's the reason for that

                 language.

                            And again, I say it again, the

                 landlord can only use it to lower the rent

                 below the legal rate.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    Several

                 things.  First of all, I happen to have the

                 Missionary Sisters case here.  And it's pretty

                 clear from the holding of that case that it

                 was based in large part on the fact that the

                 lease at issue very explicitly provided for

                 the modification upon renewal and not simply

                 vacancy.

                            Second of all, here in the New York

                 State Legislature, I don't think we should

                 base our actions on something where we suspect

                 there may be an amendment to the code with

                 which legislation we are proposing a little



                                                        5265



                 after midnight on the last day -- or I guess

                 it's the beginning of the real last day of

                 session -- that we are trying to anticipate a

                 proposal for modification of the code.

                            Finally, and most critically, I

                 appreciate all of the efforts of my

                 distinguished colleague to deal with this

                 issue.  But there simply is no language in

                 this bill that is before us now that indicates

                 in any way, shape, or form that the option

                 unprecedented in all law in this area, the

                 option we are giving to the landlord -- the

                 owner, as it states -- to base their rent

                 after renewal or vacancy upon the previously

                 established legally regulated rent is limited

                 to the option to use that standard or to be

                 lower than that standard.  It's just not here.

                            You know, we're going to be here

                 for a while.  I think that if we want to draft

                 a bill that follows the intent indicated by

                 the good Senator, we can draft such a bill.

                 This is not such a bill.

                            And combining that provision for

                 the term "option" without any guidelines as to

                 whether it's any limitation on that option



                                                        5266



                 with the contrast, dramatic contrast of this

                 language to the current code, I think that

                 there will be some very, very well paid

                 landlord's lawyers in court quite quickly to

                 deal with this issue.

                            I think this is a bomb hidden in a

                 bill.  Whatever people's intentions are, I

                 don't think there's really much confusion as

                 to what this provides for.

                            The extra tightening of the Urstadt

                 Law I think speaks for itself, because

                 conveniently enough, the paragraph that is the

                 current Urstadt Law precedes the paragraph on

                 page 3 that is the newly imposed restrictions.

                 It is clearly more restrictive than the

                 current law.

                            And I will leave it to some of my

                 other colleagues to discuss the question of

                 the eight-year renewal.

                            This bill is a declaration of

                 nuclear war on rent regulated tenants in

                 New York.  We should not pass this bill.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Liz Krueger.



                                                        5267



                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  If, through you, the sponsor

                 would yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, will you yield?

                            SENATOR BONACIC:    Of course.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator Bonacic, you've been

                 referencing one lawsuit several times in

                 relationship to reiterating the Urstadt Law.

                 But isn't it true that there are many lawsuits

                 still outstanding against DHCR in relationship

                 to the changes that were made in the '97 law

                 but never actually turned into regulations by

                 DHCR until, I think, 2000?

                            SENATOR BONACIC:    Yes.  I don't

                 think DHCR has ever lost a case, but the

                 answer is yes.

                            SENATOR LIZ KRUEGER:    Thank you.

                            So, Madam President, if, through

                 you, the sponsor would continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, do you continue to yield?



                                                        5268



                            SENATOR BONACIC:    I do.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            So by making these changes,

                 potentially we are choosing to moot out the

                 possibility of those lawsuit decisions, by the

                 way this is written in this bill tonight,

                 without our having a chance as a Legislature

                 to look at what the arguments are in a variety

                 of different lawsuits beyond that one that you

                 and Senator Schneiderman were just discussing,

                 and that there are perhaps further legitimate

                 challenges to whether DHCR overstepped their

                 boundaries as an agency in interpreting the

                 '97 law?

                            SENATOR BONACIC:    I disagree with

                 you there.

                            I think that what we are doing --

                 and we do it frequently -- is we give

                 statutory intent of our jurisdiction, in this

                 case over housing and rent.  The state is

                 going to be preeminent on housing and rent

                 issues all over the state of New York,

                 including New York City.  And that's the



                                                        5269



                 purpose of putting it in statute today.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor will

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic continues to yield.

                            SENATOR BONACIC:    I do.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I appreciate the answer.  I agree,

                 it's to clarify statutory intent.

                            My concern is based on having moved

                 a law through in '97 without enough evaluation

                 or dialogue or discussion and debate, still,

                 in the year 2003, the courts are trying to

                 interpret what the intention of the

                 Legislature was in '97.

                            And why would we want to not only

                 repeat that mistake but, in fact, perhaps make

                 worse the mistakes that we did in '97 but by

                 rushing through an attempt not to clarify but

                 to do away with some of the questions in the

                 courts today because of our previous action?

                            SENATOR BONACIC:    See, there is a

                 great body of collective wisdom that says what

                 we did in '97 was good and it's working.  It



                                                        5270



                 does provide affordable housing to people in

                 the city.  And we're continuing it just the

                 way it is.

                            And the fact that we've gone six

                 years through a court process is nothing out

                 of the ordinary.  We have court cases that go

                 on for a decade or more trying to decide what

                 the Legislature intended on other subjects.

                            So I don't really think that that

                 argument has validity in what we're doing

                 tonight, and that is expressing a legislative

                 intent to put into statute that we are going

                 to control housing in the State of New York

                 and we're going to control the issues of rent,

                 just like we control other statewide issues.

                 Whether it's laws on crime, on the

                 environment, on social services, we're not

                 going to have two-tier approaches on things

                 that affect all of the people in the state of

                 New York.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor would

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, do you continue to yield?



                                                        5271



                            SENATOR BONACIC:    I do.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I appreciate that answer because I

                 think it does get to a point in front of us.

                 Some people think that what we did in 1997 has

                 worked fine, as you said, for the last six

                 years.  Many of us think that it has not

                 worked fine at all.

                            And I would argue if you were to

                 speak to tenants living in rent-regulated

                 apartments throughout the state, they would

                 tend to side with my position that it hasn't

                 been working very well for six years.

                            But to get to a question, you

                 talked about, in your opening statement, how

                 this bill will allow for the continuation and

                 stability of the rent-regulated housing

                 universe.  Well, we know from six years of

                 history that there hasn't actually been

                 stability, that we have lost many, many units

                 to rent regulation until the pool of

                 affordable housing, the estimates vary from

                 90,000 up to 120,000.



                                                        5272



                            We know that as the years tick by

                 the number of units that come out because of

                 the $2,000 cap that you and Senator

                 Schneiderman were discussing at length -- that

                 as the years go by, the number of units that

                 come out at 2,000 continues to grow and will

                 continue to grow.  One, because costs go up,

                 price of rent goes up, and over time it is a

                 natural phenomenon that people leave

                 apartments, they become vacant and they become

                 decontrolled.

                            So you talk about stability and

                 that this bill offers stability.  But under

                 this bill, in the year 2011, the ending date

                 for your legislation -- that would be 14 years

                 since we implemented the 1997 law with a

                 $2,000 cap -- it would still be $2,000 in the

                 year 2011.

                            My math may not be perfect, but if

                 we just did a 3 percent increase per year in

                 the cost of rent over that 14-year period,

                 that $2,000 would have become $3,000.  And if

                 it was a 5 percent increase per year in rent,

                 that $2,000 would have doubled to $4,000.

                            So I don't know how you could say



                                                        5273



                 there would be stability in the system with

                 14 years of a cap at $2,000, the cost of

                 housing going up through the rent guidelines

                 borne in New York City between 3 and 5 percent

                 on average each year, years and years of

                 turnover through natural occurrences.

                            I would argue that at the end of

                 this legislation in 2011 your, quote,

                 stability to the rent regulation/rent

                 stabilization world in the city of New York

                 would be, in fact, statistically an enormous

                 plummeting of units that participated in this

                 program.

                            So I was wondering whether you

                 agree with my analysis and think that it's

                 okay and we're just disagreeing about the

                 outcome, or whether you disagree with the

                 analysis.

                            SENATOR BONACIC:    First of all, I

                 think your analysis is correct to the extent

                 that there will be less rent-controlled units

                 and stabilized units in 2011 than we have

                 today.

                            And according to our statistics,

                 from '97 to today there's been about 40,000



                                                        5274



                 taken out of the system.  And there's not an

                 accurate recordkeeping.  So, you know, you

                 hear numbers going back and forth.  But from

                 the people that work with this, our housing

                 people in state government talking to the city

                 tells us it's about 40,000.

                            You have about a million

                 apartments, roughly, units that come under

                 rent control or stabilized apartments.  We are

                 the largest city in the United States that

                 even has stabilized rent control and rent

                 control itself.  There is a body of economists

                 and entrepreneurs that say if we did away with

                 rent control that it would lead to more

                 affordable housing, it would lead to more

                 economic vitality for the City of New York.

                            Now, this is a political problem

                 for those that represent the City of New York.

                 Because there's a lot more tenants than there

                 are landlords, and they vote.  And this issue

                 is very important to them, as it should be.

                            But when I talk of stability, if we

                 did not do rent control today, those million

                 units might evaporate shortly.  So that was

                 the tenor of my remarks when I said it allows



                                                        5275



                 a slow erosion of the present system of

                 government subsiding housing in New York City.

                            SENATOR KUHL:    Madam President,

                 if, through you, the sponsor would continue to

                 yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, do you continue to yield?

                            SENATOR BONACIC:    Of course, yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    You're

                 right, there are a body of economists and

                 writers out there who say that we shouldn't

                 have regulation of housing at all.  There's

                 bodies of writers and economists who also said

                 that deregulating the airlines would lead to

                 great success for the airline industry, which

                 we continue to bail out; that we should

                 deregulate energy, that we should deregulate

                 electricity.

                            Personally, I don't think the

                 deregulation model has been working

                 particularly well in a variety of areas of our

                 economy.  But nonetheless, going back to

                 housing and the stability of housing, you



                                                        5276



                 brought up just then that the stability

                 question is either we pass this bill tonight

                 or we lose rent regulation completely.

                 Because many of us assume whatever day this

                 is, Thursday or Friday on that clock, that

                 this was the last day of session.

                            Is this an agreed-upon bill with

                 the Assembly?

                            SENATOR BONACIC:    I indicated in

                 my preliminary remarks that the Assembly has

                 passed a bill for a four-year extension.

                            SENATOR LIZ KRUEGER:    So in fact

                 passing this bill does nothing to assure the

                 future of rent regulation beyond tomorrow,

                 because it's a one-house bill.

                            SENATOR BONACIC:    Well, I think

                 that -- and I don't speak for the Assembly,

                 but to get eight years of no disturbance under

                 the existing rules should give some comfort to

                 tenants knowing that -- because I remember in

                 '97 when I was here, you know, they had a fear

                 they were going to lose their homes.

                            Here, we're continuing with the

                 system for eight more years.  That's twice as

                 long as the Assembly's bill.



                                                        5277



                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor would

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, do you continue to yield?

                            SENATOR BONACIC:    Yeah, I do.

                 But I just want to make one other point.  You

                 feel strongly that it should be in perpetuity,

                 I assume, in tenant protection.  But -- and I

                 don't criticize you from where you live and

                 who you represent.  But we live in a world of

                 democracy.

                            And you have elected officials from

                 the city or the metropolitan area that have

                 rent control or stabilized, you know,

                 apartments and you're here to lobby for them.

                 And everyone in this chamber is listening.

                 And we have democracy at the state level.  And

                 we're going to vote on whether, you know, we

                 should do more, do less, or stay the same.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor would

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic continues to yield.



                                                        5278



                            SENATOR BONACIC:    I do.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I suppose first I should answer

                 your question.  No, I don't think I've ever

                 been on record that I think that the existing

                 rent regulation laws should exist in

                 perpetuity.  I'd argue there are many

                 weaknesses and flaws in our system and that if

                 we had addressed the real issue, affordable

                 housing for the people of New York State over

                 the last fifty years appropriately, none of us

                 would be in this chamber tonight arguing this

                 one way or the other.

                            But you also talked about

                 democracy.  And this bill, in the reiteration

                 of the Urstadt section and the continuation of

                 the recognition of the Urstadt Law in New York

                 State, actually does take away democracy from

                 the people who live under rent regulation, the

                 people of New York City.

                            Because, as I have argued here at

                 least three nights in a row in my amendments

                 to previous one-day extenders, New York City

                 elected officials should be making

                 determinations about New York City housing



                                                        5279



                 policy, not, with all due respect, elected

                 officials from other parts of the state that

                 neither have rent-regulated or rent-controlled

                 tenants in their districts nor in fact, I

                 think by their own declaration, have any real

                 understanding of what it means to be in a

                 tenant housing crisis because it is not a

                 reality in their district.

                            So that as you know, Senator, I

                 continue to argue that in this Legislature,

                 the Senate and the Assembly, whether I'm

                 elected from New York City or from Ulster

                 County, we shouldn't be making these

                 decisions.  These should be decided by local

                 authorities who represent the tenants of

                 New York City directly.

                            But to go back to a question rather

                 than just a response, since this bill is not a

                 same-as bill with the Assembly, besides the

                 eight years versus four years, what else is

                 different?  Are the other things that we've

                 been discussing -- the Urstadt sections, the

                 sections on pages 4, starting at lines 35,

                 page 5, all of the underlines, are those all

                 same-as with the Assembly, or is just the



                                                        5280



                 years different?

                            SENATOR BONACIC:    No, there are

                 three technical amendments, as we've

                 discussed.  And they are not in the Assembly's

                 bill.

                            SENATOR LIZ KRUEGER:    Okay, thank

                 you.

                            Madam President, if the sponsor,

                 through you, would yield to one additional

                 question.

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, will you answer one additional

                 question?

                            SENATOR BONACIC:    I do.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            With great hesitation to revisit

                 the territory that you and Senator

                 Schneiderman went through in such detail, it

                 does talk about applicable guideline increases

                 and other increases authorized by law.

                            So my concern with that, because I

                 frankly think I agreed with your analysis in

                 most of that debate of those lines, it's my



                                                        5281



                 understanding that under today's DHCR

                 regulations if a landlord illegally

                 overcharges me rent under rent regulation --

                            SENATOR BONACIC:    Illegally?

                            SENATOR LIZ KRUEGER:    An illegal

                 overcharge.

                            SENATOR BONACIC:    Yes.

                            SENATOR LIZ KRUEGER:    -- I, the

                 tenant, only have 90 days to discover that and

                 challenge that.  Otherwise, that becomes the

                 legal rent.

                            So to some degree it's a statute of

                 limitations.  Either I, the tenant, figure it

                 out within the first 90 days of tenancy, or

                 whatever the illegal overcharge was became the

                 actual rent.

                            Is that your understanding?  And

                 would that be factored into the flexibility

                 the landlord would have here?

                            SENATOR BONACIC:    Neither house

                 is addressing that issue, in their legislation

                 or our legislation.  Whatever practice is

                 going on now, as you've described it, is not

                 part of our legislation.

                            ACTING PRESIDENT McGEE:    Senator



                                                        5282



                 Bruno.

                            SENATOR BRUNO:    If you'll excuse

                 the interruption, I would just like to ask for

                 an immediate meeting of the Rules Committee in

                 Room 332.  Thank you.

                            ACTING PRESIDENT McGEE:

                 Immediate meeting of the Rules Committee in

                 the Majority Conference Room.

                            Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  That was my last question

                 for the Senator.

                            I was going to speak on the bill,

                 but perhaps I would be given leave to go to

                 the Rules Committee, and I will just explain

                 my vote at some point.

                            I can't speak?  Oh, excuse me.  I

                 will speak on the bill briefly.  Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    This house

                 is very clear where I stand on this issue.

                 This is not a bill that I could possibly

                 support or imagine encouraging anyone else to

                 support.  Eight years from now, if this bill



                                                        5283



                 becomes law, there won't be enough tenants

                 left in rent-regulated or rent-controlled

                 units for us to discuss a future law around

                 rent regulation and rent stabilization.

                            I do believe that there are many

                 gray areas that we are not necessarily

                 understanding in these three technical changes

                 to the bill.  And the fact is we are given so

                 little time to evaluate this, and there is so

                 much gray area in the law as is from the '97

                 law, that I have to say I am sure that there

                 is much territory we didn't cover tonight and

                 won't understand or fully appreciate until a

                 few hours of sleep and more time to evaluate.

                            So I urge my colleagues to vote no

                 on this legislation, and we will see what else

                 we can do before we leave this chamber today

                 or tomorrow.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Thank

                 you, Senator Krueger.

                            Read the last section.

                            THE SECRETARY:    Section 13.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the



                                                        5284



                 roll.

                            (The Secretary called the roll.)

                            SENATOR PATERSON:    Party vote in

                 the negative.

                            SENATOR BRUNO:    Party vote in the

                 affirmative.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            THE SECRETARY:    Ayes, 38.  Nays,

                 23.  Party vote.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Bonacic.

                            SENATOR BONACIC:    I would just

                 like to explain my vote very quickly.

                            This legislation simply gives

                 tenants protections for a period of time

                 longer than they've ever had.  I know from

                 speaking to tenants when they come up and

                 lobby us, they're always concerned with the

                 sunset.  Is it going to continue, are they

                 going to have to leave?

                            And what we have done here on this

                 legislation is simply reaffirm Urstadt and



                                                        5285



                 give the tenants, as I said, eight years'

                 protection under the existing system, which

                 they have lived with for the past six years.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we take up the Supplemental Active List

                 Number 4, the noncontroversial reading.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read the Supplemental List

                 Number 4.

                            THE SECRETARY:    Calendar Number

                 464, by the Assembly Committee on Rules,

                 Assembly Print Number 8362, an act to amend

                 the Agriculture and Markets Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill



                                                        5286



                 is passed.

                            THE SECRETARY:    Calendar Number

                 876, substituted earlier today by Member of

                 the Assembly Galef, Assembly Print Number

                 6422A, an act to amend the Vehicle and Traffic

                 Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 878, by Senator Leibell, Senate Print 2170, an

                 act to amend the Vehicle and Traffic Law.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the



                                                        5287



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we take up Supplemental Active List Number

                 5, the noncontroversial calendar.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read the Supplemental List

                 Number 5.

                            THE SECRETARY:    Calendar Number

                 357, by the Assembly Committee on Rules,

                 Assembly Print Number 8017, an act to amend

                 the Labor Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill



                                                        5288



                 is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we call up Calendar Number 1655, by

                 Senator Morahan.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read Calendar Number 1655.

                            THE SECRETARY:    Calendar Number

                 1655, by Senator Morahan, Senate Print 5686,

                 an act to amend the Election Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan, an explanation has been requested.

                            SENATOR MORAHAN:    Thank you,

                 Madam President.

                            This bill is part of a series of

                 HAVA bills, the Help American Voter Act, that

                 we're trying to enact.  This bill, number one,

                 would repeal punch-card voting in the state of

                 New York.  Because we still have --

                 unbelievably or not, we still have punch-card

                 ballots in New York State.  And that would



                                                        5289



                 occur before January 1, 2004.

                            We could also get a waiver, if we

                 had to, to 2006, depending on the filing by

                 the Board of Elections with the federal

                 people.

                            It also establishes an

                 administrative complaint procedure that is

                 dictated by HAVA.  That would be enacted

                 immediately.  It would create statewide voter

                 registration base and an election results

                 reporting system required by HAVA.  And it

                 would also create a HAVA implementation fund

                 immediately, which is really establishing a

                 bank account without money, but it would be

                 for the use to start to implement the HAVA

                 process.

                            That's what the bill does.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Yes, Madam

                 President.  Will the sponsor yield for a

                 question.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan, will you yield for a question?



                                                        5290



                            SENATOR MORAHAN:    Yes.

                            SENATOR SCHNEIDERMAN:    Does this

                 bill, as drafted, cover all of the provisions

                 that the state is required to under HAVA?

                            It does not identify an official

                 voting machine, require competitive bidding,

                 or address the issue of handicapped

                 accessibility.  So there's a question as to

                 whether or not this actually meets the

                 requirements under the law.

                            SENATOR MORAHAN:    This meets

                 partial -- partially meets the requirements.

                 As we go forward with the report from the task

                 force -- I'm sorry, as we go forward, we'll be

                 doing more HAVA bills regarding the machines

                 once there's some decision on what we're doing

                 to do.  We're trying to work three-way

                 agreements, but we're not there yet.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Through you, Madam President, if

                 the sponsor would continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan, will you continue to yield?

                            SENATOR MORAHAN:    Yes.

                            ACTING PRESIDENT McGEE:    The



                                                        5291



                 Senator yields.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 Is the deadline for implementing HAVA for the

                 states not September of 2003?

                            SENATOR MORAHAN:    No, I believe

                 that's when the State Board of Elections will

                 have to make a report on their public hearings

                 and what we did as a task force.  That report

                 is in draft form now and must be forwarded to

                 the federal people by September this year.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    I think

                 that this legislation doesn't go very far at

                 all towards meeting the requirements

                 contemplated by HAVA.  And it fails to address

                 the most critical issues to many of us in

                 connection with this very, very important area

                 of law that is critical to our democratic form

                 of government.

                            This bill has no provision for

                 voter education programs, poll training

                 programs, is silent on the issue of voter



                                                        5292



                 identification at polls, which is a critical

                 issue and the subject of a lot of controversy.

                            I don't think this meets the

                 requirements of HAVA.  I don't know when we're

                 planning before September to do anything else.

                 And given its deficiencies, I am going to vote

                 no and encourage everyone else to vote no.

                            ACTING PRESIDENT McGEE:    Senator

                 Connor.

                            SENATOR CONNOR:    Thank you, Madam

                 President.

                            I have some familiarity with

                 elections in New York State.  And I'm going to

                 vote against this, and I'm going to tell you

                 why.  It epitomizes -- and with all due

                 respect to the sponsor, who I know is trying

                 to get something out there that at least seems

                 to minimally comply with HAVA.

                            But the fact of the matter is once

                 upon a time in New York State, until eight or

                 nine years ago, we generally approached

                 election matters in a thoroughly bipartisan

                 manner.  Now, there were those who said, Oh,

                 it's the club in operation.  But the reality

                 was the professionals in both political



                                                        5293



                 parties understood the responsibility to the

                 public to deal with election situations in a

                 way that was bipartisan.

                            In 1986 I served on a temporary

                 state commission on voting technology, voting

                 machines.  And a lot of the existing statute

                 in fact were things that came out of that task

                 force.  That was a thoroughly bipartisan

                 effort.  I don't remember, in any of the

                 deliberations, any differences or friction

                 that I could have read as having any basis in

                 partisan differences or someone looking for an

                 edge.

                            In fact, one of the things that

                 Senator Morahan's bill here today, or this

                 bill does is ban punch-card ballots, for

                 example.  Now, to my knowledge -- and I may be

                 wrong by a number -- I think there's only

                 about seven counties in New York State that

                 use them, only for absentee or in some cases

                 affidavit, the so-called paper ballots.

                            The reason it's that limited is one

                 of the things we did in 1986.  1986, not 2000,

                 14 years before Florida, we had testimony, we

                 had hearings, and we had people tell how



                                                        5294



                 unreliable punch-card ballots were.  1986.  We

                 also had vendors trying to sell us punch-card

                 systems as cheap, the best way to getting the

                 technology, you get quick results election

                 night.  Yes, quick but not accurate.

                            We banned them.  Our existing

                 statute bans punch-card ballots for anything

                 but absentee ballots, because there were some

                 counties then who were already using punch

                 cards for absentee ballots and they didn't

                 want to change, and we wrote it that way.

                            But the approach was bipartisan.

                 And I know the Governor appointed a task force

                 to deal with HAVA.  It is not down the middle

                 bipartisan, nonpartisan.  I think its approach

                 unfortunately, because there are a lot of

                 resources involved here, potentially has in my

                 opinion been overly partisan.  And it

                 shouldn't be.

                            Let's talk about what's not out

                 here yet.  Once upon a time, when it came to

                 the national politics -- delegate selection,

                 timing of primaries, methods of getting on the

                 ballot -- the rule was we'll pass what the

                 Republicans need according to their rules and



                                                        5295



                 their system of doing it and we'll

                 automatically pass what the Democrats need for

                 their national convention, their system, their

                 delegate selection process.  One year, going

                 back, it was for the Democrats' caucuses

                 rather than delegates on the ballot.

                            But the rule was what you need

                 under your national rules, we want to

                 accommodate that.  And there's no price.

                 There's no trade.  The only trade was that

                 reciprocity, that bipartisan reciprocity that

                 we will accord to you what your rules compel.

                            Unless I missed it earlier today, I

                 don't think we've done those bills even yet.

                 And I know for Democrats a mandated part of

                 the delegate selection process starts later

                 this summer, with the first outreach brochures

                 and whatever.

                            So I think what we've done here,

                 Madam President, is we've gotten a little

                 partisan and rough about these things, and we

                 ought to go back to the drawing boards.  There

                 is a lot at stake here.  What is at stake is

                 not just lots of federal money, it's not just,

                 oh, a new voting technology.  In 1986, we



                                                        5296



                 dealt with that.  We passed rules for testing,

                 so on and so forth.

                            But we have issues we have to

                 confront, tough issues -- full face ballot,

                 style of ballot.  Are we going to keep party

                 columns for all our parties?  Are we going to

                 have a Massachusetts-style ballot?

                            And I think people need to sit down

                 from both parties and work this out in a way

                 that the public is served best.  I don't think

                 anybody should be looking for an edge as we do

                 any of these election reforms.  And sad to

                 say, I think with HAVA we're playing with fire

                 on a whole lot of money if we don't address

                 more than just the bare minimum here.

                            We have to tackle some of the more

                 controversial requirements of HAVA, and we

                 have to do it, I think, in a bipartisan way

                 where no one's looking for an edge politically

                 to come out of it.  It's the only way the

                 people will be served.

                            I'm voting no on this, Madam

                 President, for the reasons I've stated.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.



                                                        5297



                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            SENATOR MORAHAN:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan.

                            SENATOR MORAHAN:    On the bill.

                            I don't want anyone to walk away

                 from this chamber tonight thinking that this

                 is HAVA and this is the complete work.  It's a

                 work in progress.  There's much that we have

                 to do and will continue to do over the next

                 few months to see what we have to do to be in

                 complete conformity.

                            But I think it's important that

                 this Legislature work on this process as

                 opposed to the administration at the Board of

                 Elections trying to implement all of HAVA

                 without any input from those who represent the

                 people.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.



                                                        5298



                            Senator Sabini, I'm sorry.

                            SENATOR SABINI:    Madam President,

                 on the bill.

                            Just to respond to the sponsor's

                 last point, sometimes a partially completed

                 house isn't very pretty.  And I don't know

                 that this sends any message to anyone, really,

                 that we're doing the right thing on what is a

                 very important implementation of a federal

                 law.  In fact, there's going to be a lot of

                 money involved, coming from someone else

                 paying for something for once, with the

                 federal government picking up the tab.

                            So while I respect the

                 chairman's -- our Election Law chair's desire

                 to have something move, this is such a

                 collection of scraps that I don't know what

                 it's ever going to look like.  And I'd rather

                 have a better idea of what it's going to look

                 like before we move on it.

                            And I intend to vote in the

                 negative.  Thank you.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This



                                                        5299



                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1655 are

                 Senators Andrews, Breslin, Connor, Dilan,

                 Duane, Gonzalez, Hassell-Thompson, L. Krueger,

                 Montgomery, Oppenheimer, Parker, Paterson,

                 Sabini, M. Smith, and Stavisky.  Ayes, 46.

                 Nays, 15.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            SENATOR PADAVAN:    Madam

                 President, may I have unanimous consent to be

                 recorded in the negative on Senate Bill 5693,

                 please.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR PADAVAN:    It's Calendar

                 1659.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Golden.

                            SENATOR GOLDEN:    Madam President,



                                                        5300



                 I also request unanimous consent that my vote

                 be recorded in the negative on Calendar Number

                 1659.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR BRUNO:    Madam President,

                 can we at this time call up Calendar Number

                 1656.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1656, by Senator Morahan, Senate Print 5687,

                 an act to appropriate monies.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the same date and in

                 the same manner as a chapter of the Laws of

                 2003.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        5301



                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we at this time return to the reports of

                 standing committees.

                            I believe there's a report from the

                 Rules Committee at the desk.  I would ask that

                 it be read at this time.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 171, by Senator

                 Hoffmann, an act to amend the General

                 Obligations Law;

                            830, by Senator Morahan, an act to

                 amend the Public Health Law;

                            2475, by Senator Breslin, an act in

                 relation;

                            2681A, by Senator Hannon, an act to

                 amend the Public Health Law;

                            2760B, by Senator Libous, an act to

                 amend the Public Health Law;

                            2887A, by Senator Padavan, an act

                 to amend the Public Health Law;



                                                        5302



                            3964, by Senator Golden, an act to

                 amend the Administrative Code of the City of

                 New York;

                            3991, by Senator Robach, an act to

                 amend the Retirement and Social Security Law;

                            4373A, by Senator Leibell, an act

                 to make certain parents;

                            5213, by Senator Padavan, an act to

                 amend the Local Finance Law;

                            5473, by Senator Velella, an act to

                 amend the Public Authorities Law;

                            5479A, by Senator Bonacic, an act

                 to amend the Vehicle and Traffic Law;

                            5583, by Senator Hannon, an act to

                 amend the Public Health Law;

                            5607, by Senator Padavan, an act to

                 amend the Real Property Tax Law;

                            5646, by the Senate Committee on

                 Rules, an act to amend the Public Health Law;

                            5670, by Senator Little, an act to

                 validate;

                            5682, by Senator Padavan, an act to

                 amend the General City Law;

                            5690, by Senator Golden, an act to

                 amend the Penal Law and others;



                                                        5303



                            5691, by Senator Volker, an act to

                 amend the Labor Law;

                            5694, by the Senate Committee on

                 Rules, an act to amend the Environmental

                 Conservation Law;

                            Assembly Print 3764B, by Member of

                 the Assembly Sweeney, an act to authorize the

                 County of Suffolk;

                            And Assembly Print 5582, by Member

                 of the Assembly Gottfried, an act to amend the

                 Social Services Law.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we at this time move to accept the report

                 of the Rules Committee.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the report of the Rules

                 Committee.  All in favor will signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 say nay.



                                                        5304



                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 report of the Rules Committee is accepted.

                            Senator Onorato.

                            SENATOR ONORATO:    Madam

                 President, I would like unanimous consent to

                 be recorded in the negative on Calendar Number

                 1655.

                            ACTING PRESIDENT McGEE:    1655?

                            SENATOR ONORATO:    In the

                 negative.

                            ACTING PRESIDENT McGEE:    Thank

                 you very much, Senator Onorato.  Without

                 objection.

                            SENATOR ONORATO:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Onorato.

                            SENATOR ONORATO:    Madam

                 President, there will be an immediate

                 conference of the Minority in the Minority

                 Conference Room.

                            ACTING PRESIDENT McGEE:

                 Immediate conference of the Minority in the

                 Minority Conference Room.



                                                        5305



                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we recognize Senator Velella.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella.

                            SENATOR VELELLA:    Madam

                 President, on Calendar 1659 I'd ask unanimous

                 consent to be recorded in the negative.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR VELELLA:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.

                            SENATOR BRUNO:    The Senate will

                 stand at ease for approximately 15 minutes.

                            ACTING PRESIDENT McGEE:    The

                 Senate will stand at ease for approximately

                 15 minutes.

                            (Whereupon, the Senate stood at

                 ease at 1:20 a.m.)

                            (Whereupon, the Senate reconvened

                 at 1:55 a.m.)

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Madam President,



                                                        5306



                 at this time if we could take up Senate

                 Supplemental Calendar Number 60F,

                 noncontroversial.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read Supplemental Calendar 60F.

                            THE SECRETARY:    Calendar Number

                 1660, by Senator Hoffmann, Senate Print 171,

                 an act to amend the General Obligations Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1662, by Senator Morahan, Senate Print 830, an

                 act to amend the Public Health Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect January 1, 2004.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.



                                                        5307



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1663, Senator Breslin moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 5421 and substitute it

                 for the identical Senate Bill Number 2475,

                 Third Reading Calendar 1663.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1663, by Member of the Assembly McEneny,

                 Assembly Print Number 5421, an act in relation

                 to permitting.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill



                                                        5308



                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1664, Senator Hannon moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 9007 and substitute it

                 for the identical Senate Bill Number 2681A,

                 Third Reading Calendar 1664.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1664, by the Assembly Committee on Rules.

                 Assembly Print Number 9007, an act to amend

                 the Public Health Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        5309



                 1665 --

                            SENATOR BRUNO:    Lay it aside

                 temporarily, please.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside temporarily.

                            THE SECRETARY:    In relation to

                 Calendar Number 1666, Senator Padavan moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 4789B and substitute it

                 for the identical Senate Bill Number 2887A,

                 Third Reading Calendar 1666.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1666, by Member of the Assembly Lafayette,

                 Assembly Print Number 4789B, an act to amend

                 the Public Health Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        5310



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1667, by Senator Golden, Senate Print 3964, an

                 act to amend the Administrative Code of the

                 City of New York.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1668, by Senator Robach, Senate Print 3991, an

                 act to amend the Retirement and Social

                 Security Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.



                                                        5311



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1669, by Senator Leibell, Senate Print 4373A,

                 an act to make certain parents, widows and

                 children.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1670, Senator Maltese moves to

                 discharge, from the Committee on Rules,

                 assembly Bill Number 8679 and substitute it

                 for the identical Senate Bill Number 4549A,

                 Third Reading Calendar 1670.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.



                                                        5312



                            THE SECRETARY:    Calendar Number

                 1670 --

                            SENATOR BRUNO:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1671, Senator Padavan moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8692 and substitute it

                 for the identical Senate Bill Number 5213,

                 Third Reading Calendar 1671.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1671, by the Assembly Committee on Rules,

                 Assembly Print Number 8692, an act to amend

                 the Local Finance Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        5313



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1672, by Senator Velella, Senate Print 5473 --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1673, by Senator Bonacic, Senate Print 5479A,

                 an act to amend the Vehicle and Traffic Law

                 and the Labor Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        5314



                 1674, by Senator Hannon, Senate Print 5583, an

                 act to amend the Public Health Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1675, Senator Padavan moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 9000 and substitute it

                 for the identical Senate Bill Number 5607,

                 Third Reading Calendar 1675.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1675, by the Assembly Committee on Rules,

                 Assembly Print Number 9000, an act to amend

                 the Real Property Tax Law.



                                                        5315



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1676, by the Senate Committee on Rules, Senate

                 Print Number 5646, an act to amend the Public

                 Health Law, the State Finance Law, and the

                 Insurance Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        5316



                            THE SECRETARY:    Calendar Number

                 1677, by Senator Little, Senate Print 5670, an

                 act to validate, ratify and confirm.

                            SENATOR LIZ KRUEGER:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    There is

                 a message of necessity at the desk.

                            SENATOR BRUNO:    I would ask that

                 the message be accepted.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All those in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed

                 will say nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            The Secretary will read.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            SENATOR HOFFMANN:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number



                                                        5317



                 1678, by Senator Padavan, Senate Print 5682,

                 an act to amend the General City Law and the

                 Administrative Code of the City of New York.

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.

                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    There is

                 a message of necessity at the desk.

                            SENATOR BRUNO:    I would move to

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All those in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed

                 will say nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 35.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.



                                                        5318



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1679, by Senator Golden, Senate Print 5690, an

                 act to amend the Penal Law and others.

                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    There is

                 a message of necessity at the desk.

                            SENATOR BRUNO:    I would move to

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All those in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Those

                 opposed will say nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.



                                                        5319



                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1680, by Senator Volker, Senate Print 5691, an

                 act to amend the Labor Law.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT McGEE:    There is

                 a message at the desk.

                            SENATOR BRUNO:    I would move to

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All those in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 say nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 31.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.



                                                        5320



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1681, by the Senate Committee on Rules, Senate

                 Print Number 5694, an act to amend the

                 Environmental Conservation Law.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT McGEE:    There is

                 a message at the desk.

                            SENATOR BRUNO:    I would move to

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All those in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This



                                                        5321



                 act shall take effect immediately.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1682, by Member of the Assembly Sweeney,

                 Assembly Print Number 3764B, an act to

                 authorize the County of Suffolk.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1683, by Member of the Assembly Gottfried,

                 Assembly Print Number 5582, an act to amend

                 the Social Services Law.

                            ACTING PRESIDENT McGEE:    Read the



                                                        5322



                 last section.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            Senator Duane.

                            SENATOR DUANE:    Thank you, Madam

                 President.  If I could have unanimous consent

                 to be recorded in the negative on Calendar

                 Number 1680.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR BRUNO:    Madam President,

                 can we return to messages from the Assembly.

                            I believe there is a message from

                 the Assembly at the desk.

                            ACTING PRESIDENT McGEE:    Messages

                 from the Assembly.

                            The Secretary will read.

                            THE SECRETARY:    The Assembly

                 sends for concurrence the following bill.  On

                 motion of Mr. Bruno, and by unanimous consent,

                 the rules are suspended in order to a third

                 reading:  Assembly Bill Number 9009.

                            Calendar Number 1661, by the



                                                        5323



                 Assembly Committee on Rules, Assembly Print

                 Number 9009, an act to amend Chapter 266 of

                 the Laws of 1986.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            Senator Bruno, that completes the

                 noncontroversial reading of Supplemental

                 Calendar 60F.

                            SENATOR BRUNO:    Can we at this

                 time take up the controversial reading of the

                 calendar.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1660, by Senator Hoffmann, Senate Print 171,

                 an act to amend the General Obligations Law.

                            ACTING PRESIDENT McGEE:    Senator

                 Hoffmann.

                            Senator Schneiderman.



                                                        5324



                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    Many of us

                 have voted against this legislation, similar

                 legislation, because, while we believe that

                 there are some worthy provisions in it, it

                 contains, in line 47 of page 3, a limitation

                 of liability which essentially exempts

                 sponsors of equine activities from liability

                 for an injury to or the death of a participant

                 resulting from the inherent risks of equine

                 activities.

                            And this is an extraordinary

                 exemption.  I think there were 22 no votes on

                 this the last time, and that provision really

                 was the reason.

                            I'm going to vote no, and I

                 encourage everyone to do so.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Hoffmann.

                            SENATOR HOFFMANN:    Madam

                 President, this particular piece of



                                                        5325



                 legislation is long overdue in New York.  And

                 it is a detriment right now to our booming

                 equine industry that we do not have it in

                 place already.

                            It is referred to as inherent risk.

                 It requires the posting of a sign which

                 indicates that anybody who engages in equine

                 activities understands that there is of course

                 a fairly obvious risk.

                            The very nature of horses means

                 that they may react suddenly if they're

                 startled or if they should have their footing

                 on unsecure ground.  This is just the very

                 nature of this activity, and anybody who

                 engages in it must surely be aware of a

                 reasonable amount of risk.

                            Injuries are minimal, happen very

                 seldom, and the rare occurrence cited by

                 Senator Schneiderman should in no way

                 discourage us from passing this important

                 legislation.

                            I would urge all of my colleagues

                 to consider that the great success we've had

                 in the equine world over the last few months

                 with Funny Cide indicates this great



                                                        5326



                 opportunity we have to help move forth this

                 part of our agricultural industry.  This

                 measure really deserves passage in this house

                 tonight.

                            ACTING PRESIDENT McGEE:    Senator

                 Duane.

                            SENATOR DUANE:    Thank you, Madam

                 President.  On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Duane, on the bill.

                            SENATOR DUANE:    And we had that

                 wonderful success without this bill.  I urge

                 my colleagues to vote no.  We don't need it.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1660 are

                 Senators Andrews, Brown, Connor, DeFrancisco,

                 Duane, Hassell-Thompson, L. Krueger, Onorato,



                                                        5327



                 Parker, Paterson, Sabini, Sampson,

                 Schneiderman, M. Smith, and Stavisky.  Ayes,

                 46.  Nays, 15.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1665, Senator Libous moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 1722B and substitute it

                 for the identical Senate Bill Number 2760B,

                 Third Reading Calendar 1665.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1665, by Member of the Assembly Wright,

                 Assembly Print Number 1722B, an act to amend

                 the Public Health Law and the Education Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        5328



                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator LaValle recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1667, Senator Golden moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 7171 and substitute it

                 for the identical Senate Bill Number 3964,

                 Third Reading Calendar 1667.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1667, by Member of the Assembly Abbate,

                 Assembly Print Number 7171, an act to amend

                 the Administrative Code of the City of

                 New York.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        5329



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1670, substituted earlier by the Assembly

                 Committee on Rules, Assembly Print Number

                 8679, an act to amend the Agriculture and

                 Markets Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT McGEE:    Senator

                 Larkin.

                            SENATOR LARKIN:    Would the

                 sponsor yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Maltese?

                            SENATOR MALTESE:    Yes, certainly

                 I would, Madam President.

                            SENATOR LARKIN:    Serph, I've read

                 this four times, and I'm totally confused.

                 How are we going to build shade for dogs?

                            SENATOR MALTESE:    Madam

                 President, if that's the only troubling aspect



                                                        5330



                 of this bill, I guess it's just how we would

                 build shade for human beings.

                            I don't think it's a requirement in

                 this bill that we build new structures.  I

                 think it's a requirement in this bill that we

                 prevent exposure and terrible occurrences that

                 happened just this past year where we read in

                 our daily papers about dogs being found frozen

                 to the ground because of uncaring owners.

                            This bill received unanimous

                 consent from a bipartisan, compassionate

                 Assembly.  I'm hopeful that the Senate would

                 treat it the same way.

                            SENATOR LARKIN:    Well, I'm very

                 compassionate to dogs.  I have a cat.  I

                 wonder if we're going to now take up a bill

                 next session to do it for cats.

                            But let's be realistic here.  It

                 says here the minimum standards will be

                 artificial means to protect a dog from direct

                 sunlight at all times when exposed to sunlight

                 is likely to threaten the health.

                            For dogs that are left outside,

                 they will have to have -- the shelter must

                 have a waterproof roof, be structurally sound



                                                        5331



                 with insulation appropriate to local climate

                 conditions and sufficient to protect the dog

                 from inclement weather.

                            The construction will be such that

                 there will be freedom for the dog to walk

                 around, turn around, lie down, and effect the

                 removal of excretion and other waste.

                            My question is, this is a mandate.

                 This is a mandate on local government.  And

                 who's going to do this?

                            SENATOR MALTESE:    Madam

                 President, I don't think it's a mandate on

                 local government.  I think it's a mandate on

                 unfeeling, uncaring people that are content to

                 leave dogs, man's best friend, out in the cold

                 to die frozen to the ground or to die from

                 heat prostration.

                            This refers to dogs that are left

                 outside without means to avail themselves of a

                 nearby structure.  The structures do not have

                 to be a specially built, custom doghouse, as

                 seems to be requested there, as spoken about.

                 They can be any structure adjacent to where

                 the dog is confined.

                            This bill is a preventive bill.



                                                        5332



                 It's a bill that seeks to make people realize

                 their obligation to their own pets, their

                 companion pets.  And what it seeks to do is

                 protect dogs that are unable to protect

                 themselves because unfeeling owners or

                 custodians leave them leashed or unable to

                 reach either warmth or shade.

                            I think it's a good piece of

                 legislation, Madam President, and I urge all

                 my colleagues to support it.

                            ACTING PRESIDENT McGEE:    Senator

                 Larkin.

                            SENATOR LARKIN:    On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Larkin, on the bill.

                            SENATOR LARKIN:    I think it's

                 very appropriate that we do.  We read in the

                 paper about dogs being left out and all that.

                            But the question that comes to my

                 mind is, how do we start to say who's going to

                 go around the yard and see that there's a dog

                 on a leash and in there?  We talk about the

                 fines in here, what will the fines be used --

                 who will regulate this, the Department of

                 Agriculture?  I don't see that in here.



                                                        5333



                            I commend Senator Maltese for his

                 conscientious effort on the part of dogs, and

                 I'm sure that PETA will be very proud of you,

                 but I still wonder if we're not putting the

                 cart before the horse.

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.

                            SENATOR BRUNO:    Just -- the hour

                 is late, and I know that there are a lot of

                 issues that come before us that we'd rather

                 not see before us.

                            This piece of legislation happens

                 to be one that we all ought to relate to in

                 some positive way.  And I understand Senator

                 Larkin's concerns.

                            And I want to assure you, Bill, by

                 the way, that these are not rent-controlled

                 units.

                            (Laughter.)

                            SENATOR BRUNO:    But on a serious

                 note, on a very serious note, neighbors will

                 call and report that people have tied a dog

                 outside behind their house, 20 degrees below

                 zero, two and three nights in a row.

                            Two dogs, within two miles from



                                                        5334



                 where I live, were found frozen to death in

                 the backyard, where neighbors had complained

                 that the people were leaving those dogs

                 unattended.  Now, does anybody in this chamber

                 feel that that's appropriate?

                            And another dog was practically

                 fried in the sun with not one bit of shade,

                 not one bit of cover, not having a thick coat,

                 practically cooked in the sun.  Does anybody

                 here think that's appropriate?  And when

                 people call the authorities, the authorities

                 act as if there's not a thing they can do

                 about it.

                            Now, you don't have to plant trees

                 for shade.  You can put up a canopy.  You

                 don't have to have a furnace or a stove heated

                 in a doghouse.  But it's appropriate that an

                 animal, a dog, have protection.  Just like

                 Senator Larkin likes protection from the

                 elements, like I like protection, like all of

                 the people that we've been talking about like

                 protection.

                            So I would urge my colleagues to

                 have compassion for those poor dogs that are

                 out there defenseless, now howling, whining



                                                        5335



                 and barking, looking for support from us.

                            Thank you very much.

                            ACTING PRESIDENT McGEE:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    I agree with

                 Senator Bruno.

                            (Laughter.)

                            ACTING PRESIDENT McGEE:    Senator

                 Bonacic, did you wish to speak on the bill?

                            SENATOR BONACIC:    Absolutely not.

                            (Laughter.)

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1670 are

                 Senators Bonacic, Libous, Nozzolio, and

                 Seward.  Ayes, 57.  Nays, 4.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        5336



                 1672, by Senator Velella, Senate Print 5473,

                 an act to amend the Public Authorities Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, an explanation has been requested by

                 Senator Schneiderman.

                            SENATOR VELELLA:    Yes, Madam

                 President.

                            This bill creates the New York City

                 Transit Authority Safety Advisory Panel, with

                 seven members to be appointed, two by the

                 Governor at the recommendation of the Senate,

                 two by the Assembly, and the balance to be

                 appointed by the Governor.

                            Members will be selected from law

                 enforcement, emergency response management

                 teams, worker and rider safety.  And the panel

                 shall be empowered to study and evaluate the

                 range of strategies available to ensure public

                 safety including ingress and egress from

                 stations by all means of deterring terrorist

                 attacks and criminal mischief.



                                                        5337



                            And this bill, in its second part,

                 will also place a moratorium on the closing of

                 token booths.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  On the bill very briefly.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    My concern

                 with this bill is that even though the vast

                 majority of people in this house who represent

                 those who use the -- the number of people who

                 use the transit authority are on this side of

                 the aisle, this provides for appointments only

                 by the Temporary President of the Senate and

                 the Speaker of the Assembly.

                            And while I note that it does also

                 provide very intelligently to prohibit token

                 booth closings, all of the activity, including

                 litigation, relating to token booths that has

                 prevented the MTA from closing token booths

                 thus far has actually been initiated by

                 Senators on this side of the aisle.

                            So I would hope that we could



                                                        5338



                 provide some way for us to participate in a

                 safety panel responsible for these issues.  I

                 will be voting no.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1672 are

                 Senators Andrews, Gonzalez, L. Krueger,

                 Paterson, and Schneiderman.  Ayes, 46.  Nays,

                 5.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1677, by Senator Little, Senate Print 5670, an

                 act to validate, ratify and confirm.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.



                                                        5339



                            ACTING PRESIDENT McGEE:    Senator

                 Hoffmann.

                            SENATOR HOFFMANN:    To explain my

                 vote, Madam President, just briefly.

                            ACTING PRESIDENT McGEE:    Senator

                 Hoffmann, to explain her vote.

                            SENATOR HOFFMANN:    I understand

                 Senator Little's concern for protecting a

                 compact in existence in her district.

                            There is, however, a compact in

                 existence in the Senate district immediately

                 adjoining mine -- but at the time it was

                 enacted, I did represent that area, and I have

                 represented the surrounding area for many

                 years -- and it was enacted in 1990 with

                 virtually no input either by the Legislature

                 or by local governments.

                            I have heard from many members of

                 local governments who believe that their

                 compact should be the first one to be

                 renegotiated and that they should have input.

                            My vote in opposition to this

                 measure is a protest to this process.  I

                 believe that until the compact negotiated by

                 Mario Cuomo with the Oneida Nation of New York



                                                        5340



                 is reviewed and given a proper revision

                 subject to the approval of this legislative

                 body, I cannot in clear conscience support

                 another compact approval.

                            ACTING PRESIDENT McGEE:    Senator

                 Nozzolio, to explain his vote.

                            SENATOR NOZZOLIO:    Thank you,

                 Madam President and my colleagues.

                            The issues involved with Indian

                 matters are complex and often controversial.

                 I'd like to state that it's clear that the

                 approval here tonight by the Legislature is

                 long overdue, because this Legislature should

                 have the authority to oversee and to ratify

                 those compacts negotiated by the Executive.

                            The New York State Court of Appeals

                 agrees with that statement and has just issued

                 a ruling to that effect.

                            But I'd like to make it also clear

                 that the approval of this Legislature this

                 evening does not guarantee the approval of all

                 agreements with native American tribes.  Other

                 compacts should be looked at individually.

                 And that I believe this Legislature certainly

                 is acting as the interests of the region are



                                                        5341



                 best reviewed by the Senator representing that

                 region.

                            This measure is sponsored by

                 Senator Little, who represents the region most

                 affected, most impacted by the compact in

                 question.  Therefore, Senator Little's

                 guidance and judgment should be the guidance

                 and judgment that this Legislature takes.

                            I think it's also important,

                 though, that the precedent we are establishing

                 here is that the local Senator whose district

                 is most affected is the one that's given the

                 greatest deference and the one who's looked to

                 to whether or not the compact itself should be

                 reviewed.

                            I'm supporting this bill tonight,

                 but I certainly hope that we continue to look

                 to those legislators.  I know for a fact that

                 one day I may be asked to review a compact and

                 would expect the same courtesies from my

                 colleagues and the same precedent that we're

                 establishing here this evening to look to the

                 local Senator.

                            Thank you, Senator Little.  We are

                 certainly listening to your judgment,



                                                        5342



                 listening to your guidance.

                            And that although I reluctantly

                 vote in the affirmative, I do so certainly

                 because this is sponsored by the Senator

                 representing the region most affected by the

                 compact.

                            Madam President, thank you.  I vote

                 aye.

                            ACTING PRESIDENT McGEE:    Senator

                 Padavan, to explain his vote.

                            SENATOR PADAVAN:    Madam

                 President, thank you.

                            In explaining my vote, first, I

                 have a great deal of respect for Senator

                 Little.  And I realize the position she's in

                 with regard to having inherited the situation.

                            However, we are being asked as a

                 group to vote on a compact that I daresay none

                 of us have read.  We don't know anything about

                 what's in there.  It's like signing on to a

                 contract that you've never read.  And that, to

                 me, doesn't make sense.

                            Secondly, if you look at the very

                 opening sentence of the bill, it says:

                 "Notwithstanding any inconsistent provision of



                                                        5343



                 law to the contrary."  Now, that means a lot

                 of things to me -- labor law, child labor law,

                 environmental law.  You could go on and on

                 with that list.

                            And we're saying irrespective of

                 any law that we either had on the books ten

                 years or put on the books over the past ten

                 years, this compact takes precedence.  I think

                 it's a big mistake.  It's a pig in a poke.

                            And as far as the fact that it's in

                 one Senator's district, while I have respect

                 for that fact as well, it does certainly

                 relate to the entire state.

                            One final comment.  I received a

                 phone call earlier this evening -- I should

                 say earlier last night -- from the mayor of

                 Oneida, who has an Indian reservation near

                 him, saying, in effect, we should not do this,

                 because he knows his is next and he doesn't

                 want us to ratify that contract without a lot

                 of significant changes because of the negative

                 result that it has for his city.

                            I vote no.

                            ACTING PRESIDENT McGEE:    Senator

                 Meier.



                                                        5344



                            SENATOR MEIER:    Thank you, Madam

                 President.

                            I have one of these casinos in my

                 district.  In fact, the casino that one of the

                 my colleagues alluded to earlier is in my

                 district.

                            But I respect the prerogatives of

                 the legislators who represent the area where

                 this particular casino is located.  And I

                 respect the local government officials in that

                 area who, by the way, it's my understanding

                 support this piece of legislation.  And I

                 respect the members of the Assembly sitting in

                 the other body who also voted for this.

                            I will vote in favor of it because

                 of that respect that I think those

                 representatives are entitled to.  But I would

                 identify with the comments made by my

                 colleague Senator Nozzolio that these compacts

                 are independent matters, they are to be judged

                 independently, and this vote today in no way

                 establishes a precedent for this Senator in

                 terms of any future compacts -- and I might

                 dare even venture to say for this body as a

                 whole for any future compacts.



                                                        5345



                            Under those circumstances and with

                 that caveat, I vote aye.

                            ACTING PRESIDENT McGEE:    Senator

                 Larkin, to explain his vote.

                            SENATOR LARKIN:    Thank you, Madam

                 President.

                            You know, the Majority Leader is

                 walking out now, but he was part of a project

                 that committed to this state to make six

                 casinos, three in Western New York and three

                 in the Catskills.

                            We have a project in front of us.

                 And I congratulate Senator Little for stepping

                 up and coming out more than once in conference

                 and saying, We have to put this behind us.  We

                 have to move forward.

                            It was talked back in 1993, in a

                 previous administration, that it was the wrong

                 way to go.  The case law was the State of

                 New Mexico, where they turned it over and made

                 the whole compact go back to the legislature.

                            But we can't keep dragging our

                 heels.  My colleagues Senator Nozzolio and

                 Senator Meier said this is just one piece.

                 We're going to have new compacts, and we will



                                                        5346



                 be here, as a legislative body, looking at

                 what the contents of the compact are.

                            But right now we have an issue to

                 correct that's ten years old.  We can stand

                 here today and tomorrow and say, well, we

                 should have done this, we should have done

                 that.  Senator Little wasn't there then when

                 it was done.  A lot of people in this chamber

                 weren't there when it was done.

                            But we're now making the right turn

                 and we're doing the right thing.  And I'd like

                 to compliment Senator Meier when he said --

                 and Senator Nozzolio saying that this is the

                 legislator whose district this facility is in

                 and we ought to all be standing by her and

                 saying we are here to help you.  And as we

                 move forward to the next facility that's being

                 looked at, we will be able to dot the I's and

                 cross the T's more appropriately.

                            I think we ought to move forward,

                 we ought to pass it.  And thank you, Betty,

                 for standing up.

                            ACTING PRESIDENT McGEE:    Senator

                 Liz Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,



                                                        5347



                 Madam President.  Briefly on the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    I find it

                 fascinating to listen to this discussion --

                            ACTING PRESIDENT McGEE:    Senator

                 Krueger, we're on a roll call, so I assume you

                 are explaining your vote.  Is that correct?

                            SENATOR LIZ KRUEGER:    I'm sorry,

                 but the hour is late.  To explain my vote,

                 thank you.

                            It is fascinating to me that I

                 listened to this debate on this floor tonight

                 about individual Senators saying they need to

                 respect the rights of one legislator for an

                 issue that is within their district, when this

                 house refuses to recognize the jurisdiction of

                 elected officials from New York City to deal

                 with New York City housing policy.

                            So I appreciate the comments, and I

                 wish that we were consistent in this house

                 about whose jurisdiction and whose local

                 officials and whose individual legislators

                 should be dealing with issues.

                            I also just want to say that it is



                                                        5348



                 rare when I agree with Senator Hoffmann on a

                 bill.  And I will be voting no.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Connor.

                            SENATOR CONNOR:    Thank you, Madam

                 President.  To explain my vote.

                            I just want to leave the record, at

                 least for me, clear of something that Senator

                 Padavan said.  I've read the Mohawk compact.

                 I read it back in 1993.  I read the Oneida

                 compact back when Governor Cuomo did that a

                 couple of years before that.

                            I had to get it from the Governor's

                 office by a whole lot of pressure, the Oneida

                 compact being the first.  I got it and it was

                 stamped "Secret and Confidential."  And when

                 they gave it to me, they said, "Don't show it

                 to anybody."  I was a Senator, and I was like,

                 you have to be kidding.

                            I believe then the late Assemblyman

                 Tony Genovesi raised it on the floor of the

                 Assembly that the Legislature should have had

                 a purview over this.  IGRA, Indian Gaming

                 Regulatory Act, suggested the Governor could



                                                        5349



                 do it himself.  The courts later made that

                 plain that wasn't so.  The New York courts

                 have now made it plain it wasn't so for

                 New York.

                            That said, as many people here

                 know, I've voted against gambling over the

                 years here.  I certainly led the opposition to

                 the constitutional amendment.  But that said,

                 we have facts on the ground now.  The casino

                 exists on the Mohawk Reservation.  Senator

                 Little represents that area.  And since I have

                 read the compact, I feel quite comfortable

                 voting for her bill.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Any

                 other Senator wishing to speak on the bill?

                            Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1677 are

                 Senators Duane, Hassell-Thompson, Hoffmann,

                 L. Krueger, and Stachowski.  Ayes, 46.  Nays,

                 5.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        5350



                            THE SECRETARY:    Also Senator

                 Padavan.  Ayes, 45.  Nays, 6.

                            Calendar Number 1679, by Senator

                 Golden, Senate Print 5690, an act to amend the

                 Penal Law and others.

                            SENATOR MALCOLM SMITH:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Golden, an explanation has been requested.

                            SENATOR GOLDEN:    Thank you, Madam

                 President.  I'll try to be brief.

                            This Sexual Assault Reform Act was

                 enacted in 2000.  This Legislature set forth

                 in the legislation that certain parts of this

                 reform legislation still needed to be

                 completed.  This bill will complete the

                 reforms begun in 2000 and will additionally

                 provide enhanced protections to victims of sex

                 crimes, and other important benefits.

                            This bill enacts important new

                 benefits to sex assault victims by allowing

                 the provider of sex assault forensic exams to

                 receive direct reimbursement from the Crime

                 Victims Board.  This ensures that victims will

                 not have to make such claims during a time of



                                                        5351



                 crisis, and institutions providing these

                 services are assured of a basic funding source

                 to maintain their services.

                            This important provision also

                 ensures the confidentiality of victims by

                 providing health-care providers from seeking

                 reimbursement for the cost of these exams, and

                 the victim's insurers, unless the victim

                 agrees to use his or her insurance to pay

                 these costs.

                            The bill amends the definition of

                 persistent sexual offenses to broaden the

                 number of crimes which may serve as a

                 predicate for these enhanced penalties.

                            Important reforms also have been

                 made in the Family Court for children,

                 lowering from 12 to 9, so that they can be

                 seen as competent to testify for prosecution.

                            There are other areas within this

                 bill.  The date rape drug GHB, there are three

                 felonies for possession and sale.  Although

                 when this Sexual Assault Reform Act was first

                 enacted, part of the act made the possession

                 of the date drug known as GHB illegal.  Many

                 industries in this state use the chemical



                                                        5352



                 components of this drug to manufacture many

                 commercial products, including such diverse

                 items as golf balls, herbicides, plastics, and

                 roller coaster parts.

                            Possession of these chemical

                 components by manufacturer users is permitted

                 under federal law but could be deemed illegal

                 under the new law if we enact it.  In order to

                 clarify that such possession for manufacturing

                 purposes is also to be permitted under

                 New York law, the Executive, the Senate, and

                 the Assembly have agreed to enact appropriate

                 clarifying legislation.

                            However, because of the amount of

                 time left to finish this session this year,

                 this legislation must enact -- we'll enact

                 this when we meet in the next session.  The

                 Senate is committed to go forward with this

                 legislation.

                            ACTING PRESIDENT McGEE:    Senator

                 Malcolm Smith.

                            SENATOR MALCOLM SMITH:

                 Explanation satisfactory.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.



                                                        5353



                            THE SECRETARY:    Section 72.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1681, by the Senate Committee on Rules, Senate

                 Print Number 5694, an act to amend the

                 everything Environmental Conservation Law.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Marcellino, an explanation has been requested.

                            SENATOR MARCELLINO:    Thank you,

                 Madam President.

                            What seems like an eternity ago,

                 this house passed a brownfields bill that

                 started this process going.  I'm not going

                 reiterate the entire explanation for that

                 bill, because I think most of us know it and

                 most of us are aware of the problem, most of



                                                        5354



                 us are aware of the seriousness of brownfields

                 and the reason why they have to be remediated.

                            The bill that we have before us

                 will enact the brownfield cleanup program and

                 refinance the existing state Superfund program

                 in order to remediate contaminated property

                 across the state, improving public health and

                 turning an environmental and economic drain

                 into an environmental and economic gain.

                            This bill further authorizes the

                 refinancing of the state's inactive hazardous

                 waste program, the state Superfund program.

                 It ensures the continued protection of public

                 health and the environment through the reform

                 and enhancement of the state Superfund

                 program.

                            It will assure the most efficient

                 utilization of public and private funding

                 sources for the investigation and remediation

                 of sites under such programs and will ensure

                 remediation efforts are completed as quickly

                 as possible, will provide the statutory

                 authority and funding to address sites

                 contaminated with hazardous substances not

                 currently authorized under the existing state



                                                        5355



                 Superfund program, and will provide for the

                 cleanup of sites under voluntary agreement

                 with the department and provide the technical

                 assistance grants to community-based

                 organizations and municipalities and state

                 assistance for brownfield opportunity area

                 grants.

                            This is a bill that has been

                 negotiated between the Governor, the Senate,

                 and the Assembly.  We have three-way

                 conceptual agreement on every single part of

                 this bill.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Liz Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  If, through you, the sponsor

                 would yield to a question.

                            ACTING PRESIDENT McGEE:    Senator

                 Marcellino, will you yield for some questions?

                            SENATOR MARCELLINO:    Sure.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you

                 so much.



                                                        5356



                            Senator, thank you so much for the

                 legislation.  And the hour is late, and the

                 bill is very thick.  Just one clarification.

                            I thought you almost answered my

                 one question at the end.  You said

                 conceptually it's been agreed upon by all

                 three parties.  Has the Assembly actually

                 submitted their own same-as bill?

                            SENATOR MARCELLINO:    The bill --

                 no.  The bill is being looked at by the

                 Assembly, and they're going over the language

                 of the bill that we have in our hands at the

                 moment.  And there are some technical issues

                 that they're still cleaning up.

                            But the conceptual agreement is

                 there.  This is the bill that will be voted

                 upon, I am sure.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if the sponsor would yield to an

                 additional question.

                            ACTING PRESIDENT McGEE:    Senator

                 Marcellino, will you yield for an additional

                 question?

                            SENATOR MARCELLINO:    Certainly.

                            ACTING PRESIDENT McGEE:    The



                                                        5357



                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator Marcellino, so it's your

                 belief that we will pass a bill in the

                 Assembly that is a same-as tonight and then

                 deal with chapter amendments at some later

                 date to deal with the technical problems?

                            SENATOR MARCELLINO:    That is my

                 hope.

                            SENATOR LIZ KRUEGER:    That's your

                 hope.

                            SENATOR MARCELLINO:    That is my

                 hope and that is my belief, but that is my

                 hope.

                            The Assembly is not in session at

                 this point in time, so they cannot vote on

                 this bill.  But I am hoping that when they

                 come back today, which for us will be

                 tomorrow, because we're still in yesterday --

                            (Laughter.)

                            SENATOR MARCELLINO:    -- that

                 ultimately this bill will become law.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.

                            I appreciate the explanation of



                                                        5358



                 what day it might be somewhere for us.

                            ACTING PRESIDENT McGEE:    Thank

                 you very much.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1683, by Member of the Assembly Gottfried,

                 Assembly Print Number 5582, an act to amend

                 the Social Services Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill



                                                        5359



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1661, by the Assembly Committee on Rules,

                 Assembly Print Number 9009, an act to amend

                 Chapter 266 of the Laws of 1986.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Breslin.

                            SENATOR BRESLIN:    Madam

                 President, I would request unanimous consent

                 to be recorded in the negative on Calendar

                 1660, Print Number 171.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Meier.

                            SENATOR MEIER:    Madam President,

                 I request unanimous consent to be recorded in



                                                        5360



                 the negative on Calendar 1683.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Saland.

                            SENATOR SALAND:    Madam President,

                 I request unanimous consent to be recorded in

                 the negative on Calendar 1670, Senate 4549A.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR VELELLA:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, that completes the reading of the

                 controversial calendar.

                            SENATOR VELELLA:    There will be

                 an immediate meeting of the Rules Committee in

                 the Majority Conference Room.

                            ACTING PRESIDENT McGEE:    Senator

                 Little.

                            SENATOR LITTLE:    Thank you.

                 Madam President, I wish --

                            ACTING PRESIDENT McGEE:    Please

                 leave quietly.  Thank you.

                            (Laughter.)

                            ACTING PRESIDENT McGEE:    Senator



                                                        5361



                 Little.

                            SENATOR LITTLE:    I request

                 unanimous consent to vote in the negative on

                 Calendar 1670 and 1683.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR LITTLE:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Nozzolio.

                            SENATOR NOZZOLIO:    Madam

                 President, I ask unanimous consent to be

                 recorded in the negative on Calendar Number

                 1683.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Bonacic.

                            SENATOR BONACIC:    Madam

                 President, I'd ask for unanimous consent to be

                 voted in the negative on Calendar Number 1683.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR BONACIC:    Thank you,

                 Madam President.

                            ACTING PRESIDENT McGEE:    You're

                 welcome, Senator.



                                                        5362



                            Senator Morahan.

                            SENATOR MORAHAN:    Madam

                 President, may I be recorded in the negative,

                 without objection, on 819.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Wright.

                            SENATOR WRIGHT:    Madam President,

                 without objection, may I be recorded in the

                 negative on 1670 and 1683.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we return to reports of standing

                 committees.

                            I believe there's a report of Rules

                 Committee at the desk.  I ask that it be read

                 at this time.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 202A, by Senator



                                                        5363



                 Spano, an act to amend the Public Health Law;

                            2831, by Senator DeFrancisco, an

                 act to amend the General Business Law;

                            2889, by Senator Krueger, an act to

                 amend the Alcoholic Beverage Control Law;

                            4791C, by the Senate Committee on

                 Rules, an act authorizing;

                            5091, by Senator Breslin, an act to

                 authorize;

                            5363, by Senator Maltese, an act to

                 amend the Insurance Law and the Tax Law;

                            5411A, by Senator Maltese, an act

                 to amend the Arts and Cultural Affairs Law;

                            5634, by Senator Saland, an act to

                 amend the Domestic Relations Law;

                            5688, by Senator Padavan, an act to

                 amend the Education Law;

                            5695, by the Senate Committee on

                 Rules, an act to amend the Public Authorities

                 Law and the Tax Law;

                            5696, by Senator Flanagan, an act

                 to amend the Legislative Law;

                            5697, by the Senate Committee on

                 Rules, an act to amend the Civil Practice Law

                 and Rules;



                                                        5364



                            5698, by Senator Morahan, an act to

                 provide for the election;

                            Assembly Print 9075, by the

                 Assembly Committee on Rules, an act to amend

                 Chapter 352 of the Laws of 1999;

                            Senate Print 2949A, by Senator

                 Hannon, an act to amend the Public Health Law;

                            And Senate Print 5700, by Senator

                 Seward, an act to amend the Insurance Law.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.

                            SENATOR BRUNO:    Move to accept

                 the report of the Rules Committee.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the report of the Rules

                 Committee.  All in favor will signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed

                 will say nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 Rules report is accepted.



                                                        5365



                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we at this time have the noncontroversial

                 reading of Calendar Number 60G.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read the noncontroversial

                 calendar, Senate Supplemental Calendar Number

                 60G.

                            THE SECRETARY:    In relation to

                 Calendar Number 1684, Senator Spano moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 15A and substitute it for

                 the identical Senate Bill Number 202A, Third

                 Reading Calendar 1684.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1684, by Member of the Assembly John, Assembly

                 Print Number 15A, an act to amend the Public

                 Health Law.

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.



                                                        5366



                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    Yes,

                 there is a message of necessity at the desk.

                            SENATOR BRUNO:    I would move to

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            The bill is laid aside.

                            SENATOR PATERSON:    Lay it aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1685, Senator DeFrancisco

                 moves to discharge, from the Committee on

                 Consumer Protection, Assembly Bill Number 4399

                 and substitute it for the identical Senate

                 Bill Number 2831, Third Reading Calendar 1685.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.



                                                        5367



                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1685, by Member of the Assembly Ortiz,

                 Assembly Print Number 4399, an act to amend

                 the General Business Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1686, Senator Krueger moves to

                 discharge, from the Committee on Rules,

                 Assembly Print Number 3362 and substitute it

                 for the identical Senate Bill Number 2889,

                 Third Reading Calendar 1686.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.



                                                        5368



                            THE SECRETARY:    Calendar Number

                 1686, by Member of the Assembly Gottfried,

                 Assembly Print Number 3362, an act to amend

                 the Alcoholic Beverage Control Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1687, by the Senate Committee on Rules, Senate

                 Print Number 4791C, an act authorizing the

                 City of New York.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act --

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill



                                                        5369



                 is laid aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1688, Senator Breslin moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8466 and substitute it

                 for the identical Senate Bill Number 5091,

                 Third Reading Calendar 1688.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1688, by the Assembly Committee on Rules,

                 Assembly Print Number 8466, an act to

                 authorize the Commissioner of General

                 Services.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        5370



                            THE SECRETARY:    In relation to

                 Calendar Number 1689, Senator Maltese moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8592 and substitute it

                 for the identical Senate Bill Number 5363,

                 Third Reading Calendar 1689.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1689, by the Assembly Committee on Rules,

                 Assembly Print Number 8592, an act to amend

                 the Insurance Law and the Tax Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1690, Senator Maltese moves to



                                                        5371



                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8910A and substitute it

                 for the identical Senate Bill Number 5411A,

                 Third Reading Calendar 1690.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1690, by the Assembly Committee on Rules,

                 Assembly Print Number 8910A, an act to amend

                 the Arts and Cultural Affairs Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1691, Senator Saland moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8716 and substitute it



                                                        5372



                 for the identical Senate Bill Number 5634,

                 Third Reading Calendar 1691.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1691, by the Assembly Committee on Rules,

                 Assembly Print Number 8716, an act to amend

                 the Domestic Relations Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1692, by Senator Padavan, Senate Print 5688,

                 an act to amend the Education Law.

                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?



                                                        5373



                            ACTING PRESIDENT McGEE:    Yes,

                 there's a message at the desk.

                            SENATOR BRUNO:    I would move to

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 say nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1693, by the Senate Committee on Rules, Senate

                 Print Number 5695, an act to amend the Public

                 Authorities Law and the Tax Law.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT McGEE:    There is

                 a message of necessity at the desk.



                                                        5374



                            SENATOR BRUNO:    I would move to

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 9.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1694, by Senator Flanagan, Senate Print 5696,

                 an act to amend the Legislative Law.

                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?



                                                        5375



                            ACTING PRESIDENT McGEE:    There is

                 a message of necessity at the desk.

                            SENATOR BRUNO:    I would move to

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 12 --

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1695, by the Senate Committee on Rules, Senate

                 Print Number 5697, an act to amend the Civil

                 Practice Law and Rules.

                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    There is



                                                        5376



                 a message of necessity at the desk.

                            SENATOR BRUNO:    I would move to

                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1696, by Senator Morahan, Senate Print 5698,

                 an act to provide for the election of

                 delegates.

                            SENATOR CONNOR:    Point of order,

                 Madam President.  May I raise a point of

                 order?

                            ACTING PRESIDENT McGEE:    Senator

                 Connor.



                                                        5377



                            SENATOR CONNOR:    We are in the

                 session of June 19th, and this bill doesn't

                 exist because the copy I have says it's

                 printed on June 20th.  So the bill doesn't

                 exist in the session of June 19th, and I don't

                 think we can do anything on it, I mean, until

                 tomorrow, June 20th.  The bill says June 20th.

                            That's my point of order, Madam

                 President.  The bill doesn't exist on

                 June 19th.

                            ACTING PRESIDENT McGEE:    Senator

                 Connor, I'm informed that the bill was in

                 place on June 19th.

                            SENATOR CONNOR:    But the bill was

                 printed on June 20th, Madam President, so it

                 doesn't exist on June 19th.  I have the bill

                 here.

                            ACTING PRESIDENT McGEE:    The bill

                 was filed in the Senate, I am informed, on

                 June 19th.

                            SENATOR CONNOR:    May I then move

                 that someone correct the date on the printed

                 version of the bill.  Because it says

                 June 20th, 2003, on it, is the date

                 introduction.



                                                        5378



                            Somebody want to change it?

                            (Laughter.)

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.

                            SENATOR CONNOR:    Oh, now it says

                 19th.

                            (Laughter.)

                            SENATOR BRUNO:    Madam President,

                 it's been recognized that Senator Morahan has

                 always been ahead of his time.

                            (Laughter.)

                            SENATOR BRUNO:    Can we lay it

                 aside temporarily, Madam President.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside temporarily.

                            THE SECRETARY:    Calendar Number

                 1698, by the Assembly Committee on Rules,

                 Assembly Print Number 9075, an act to amend

                 Chapter 352 of the Laws of 1999.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.



                                                        5379



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1699, by Senator Hannon, Senate Print 2949A,

                 an act to amend the Public Health Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect --

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1700, by Senator Seward, Senate Print 5700, an

                 act to amend the Insurance Law.

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT McGEE:    There is

                 a message at the desk.

                            SENATOR BRUNO:    I would move to



                                                        5380



                 accept the message.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All those in favor will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            The bill is laid aside.

                            SENATOR SALAND:    Madam President,

                 can you tell me what bill is before the house?

                            ACTING PRESIDENT McGEE:    There's

                 no bills before the house at the present

                 moment.

                            SENATOR SALAND:    Thank you.

                            ACTING PRESIDENT McGEE:    You're

                 welcome.

                            Senator Oppenheimer.

                            SENATOR OPPENHEIMER:    I would

                 like to request unanimous consent to be -- to

                 go home.

                            (Laughter.)

                            SENATOR OPPENHEIMER:    -- to be



                                                        5381



                 recorded in the negative on S2255.  I don't

                 have the Calendar Number.  S2255.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Rath.

                            SENATOR RATH:    Madam President,

                 request unanimous consent to be recorded in

                 the negative on Calendar Number 1683.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator LaValle.

                            SENATOR LaVALLE:    Madam

                 President, may I have unanimous consent to be

                 recorded in the negative on Calendar Number

                 1683.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we now go to the controversial reading of

                 the calendar.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1684, substituted earlier today by Member of



                                                        5382



                 the Assembly John, Assembly Print Number 15A,

                 an act to amend the Public Health Law.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Spano, an explanation -- Senator Hannon, an

                 explanation has been requested.

                            SENATOR HANNON:    Madam President,

                 this bill would ensure the immediate

                 availability of emergency contraception to a

                 sexual assault victim who seeks emergency

                 treatment for rape in a hospital in New York

                 State.

                            It would require hospitals to

                 provide information on emergency contraception

                 and, if requested, the actual emergency

                 contraception to the victims.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  If the sponsor would yield

                 for a few brief questions.

                            ACTING PRESIDENT McGEE:    Senator

                 Hannon --

                            SENATOR HANNON:    Yes.



                                                        5383



                            SENATOR SCHNEIDERMAN:    Or, excuse

                 me, if the chairman.  I know Senator Spano

                 wishes he were here for this, but I appreciate

                 Senator Hannon stepping in.

                            This bill provides -- requires

                 every emergency room to provide emergency

                 contraception to rape survivors.  And on page

                 2 indicates that the only circumstance under

                 which it would not be required of a hospital

                 is unless there's a contraindication.  And it

                 goes on to explicitly provide that no hospital

                 may be required to provide emergency

                 contraception to a rape survivor who is

                 pregnant.

                            Is there any other contraindication

                 of which we're aware that might also excuse

                 the provision of this essential product?

                            SENATOR HANNON:    Not to our

                 knowledge at all.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            And I would -- I think I'll proceed

                 on the bill now.  Thank you very much.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    The hour



                                                        5384



                 is late.  This is -- I'm very happy that we're

                 here passing this piece of legislation.

                            This originally was provoked by a

                 report in December 1999 by New York NARAL,

                 which showed that 54 percent of the hospital

                 emergency rooms in the state of New York did

                 not provide emergency contraception to rape

                 survivors.

                            The legislation came about because

                 a group of us met with the Health

                 Commissioner, and the Governor, frankly,

                 refused to do this by regulation, which he had

                 the power to do.

                            I introduced a bill, and very

                 shortly after that Senator Spano introduced a

                 bill, and, working with Assembly members John

                 and Glick and several others, this has come to

                 fruition.

                            I think that even at this point the

                 Catholic Conference, I'm very pleased to say,

                 has withdrawn its opposition.

                            This is a great bill.  This will

                 provide essential services to many, many women

                 in New York who are in need of them, who

                 deserve them.



                                                        5385



                            I appreciate Senator Bruno's

                 letting this come forward.  And this is a

                 fine, fine piece of legislation to close out

                 whatever day this is, the 19th or the 20th.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Oppenheimer.

                            SENATOR OPPENHEIMER:    Very, very

                 briefly on the bill.

                            The fact is that there are more

                 than a thousand women in New York who are rape

                 victims who have been sent away from hospital

                 emergency rooms and now, with the passage of

                 this bill, they will have the opportunity to

                 prevent a pregnancy through these emergency

                 contraception bills.

                            The fact is that most hospitals in

                 New York State do provide emergency

                 contraception.  It's those that don't that now

                 will be required to counsel and to offer the

                 emergency contraception right at the site at

                 the hospital.

                            And as we know, EC is very

                 time-sensitive.  It's very important that the

                 rape victim get this attention within 24



                                                        5386



                 hours.  It does work up to 72, but not as

                 well.

                            And so I think we should emphasize

                 just one thing -- and then I'll be

                 concluding -- that emergency contraception

                 prevents a pregnancy before it is established.

                 EC does not interrupt, disrupt or harm

                 pregnancies that have been established within

                 the woman.

                            So I think this is a bill that,

                 after a tortuous and lengthy trail which has

                 been outlined by Senator Schneiderman, it

                 seems to have agreement by all parties.  It is

                 a wonderful bill.  And I am so happy to see

                 that we have everybody on board on this bill.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        5387



                            THE SECRETARY:    Calendar Number

                 1687, by the Senate Committee on Rules, Senate

                 Print Number 4791C, an act authorizing the

                 City of New York.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            SENATOR PATERSON:    Explanation.

                            SENATOR MALTESE:    Madam

                 President, this bill authorizes the City of

                 New York to discontinue the use of certain

                 lands as parklands.

                            The purpose of the bill is to

                 provide for the alienation of parkland in

                 Van Cortlandt Park.  Section 1 of the bill

                 provides for the alienation of parkland for

                 the purpose of constructing and operating a

                 water treatment facility capable of treating

                 up to 290 million gallons of water per day

                 from the Croton Watershed.

                            Madam President, this is pursuant

                 to a consent decree entered into by the United

                 States.  Therefore, the City of New York and

                 the Department of Health is under an absolute

                 obligation to filter the water from the Croton



                                                        5388



                 Watershed.  And therefore, this bill, the --

                 also, the City of New York has executed a

                 memorandum of understanding that they will

                 return the parkland to its original state or

                 better subsequent to the construction of the

                 facility.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Madam

                 President, if Senator Maltese would yield for

                 a question.

                            ACTING PRESIDENT McGEE:    Senator

                 Maltese, will you yield for a question?

                            SENATOR MALTESE:    Yes, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR PATERSON:    Senator, many

                 are concerned about the location of this

                 plant.  There is very little available

                 parkland in New York City, the least of which

                 would be in the Bronx.

                            This particular area would actually

                 be twice the size of the old World Trade

                 Center site.  There would be construction that



                                                        5389



                 would exist until the year 2010.  There will

                 be the use of trucks which often pollute the

                 air.  One of the reasons that the asthma rate

                 is considered to be very high in Manhattan

                 Valley, West Harlem, and Washington Heights is

                 because of the trucking that goes up the West

                 Side Highway.

                            New York is 21st out of the 25

                 listed states in terms of least density, and

                 therefore is one of the most dense cities in

                 terms of population.  This site is not more

                 than a few hundred yards from Montefiore

                 Children's Hospital and a very dense

                 residential area.

                            My question is, based on those

                 reasons, how would we want to pick this site

                 for the water filtration plant?

                            SENATOR MALTESE:    Madam

                 President, the selection of the site I do not

                 have information on, that specific site.

                            But the memorandum of understanding

                 that has been entered into by the city does

                 provide for New York City to set aside the

                 fair market value of lands being alienated for

                 acquisition.



                                                        5390



                            In addition, the City of New York,

                 it would identify additional lands for park

                 improvement and acquisition projects.

                            The question of where the water

                 treatment facility is located I assume was

                 entered into at the advice of experts.  The

                 fact of the water filtration -- the necessity

                 for this water filtration camp is indicated by

                 fact that the Croton Watershed is the smallest

                 of the three surface water systems that

                 together supply drinking water not only to the

                 city but to approximately 1 million residents

                 outside of the city.

                            The Croton Watershed provides

                 approximately 10 percent of the city's average

                 daily demand during periods of normal

                 rainfall, and up to 30 percent of the city's

                 average daily demand when rainfall is below

                 normal.

                            Madam President, I have to believe

                 that the City of New York entered into this --

                 has proposed this legislation as a result of

                 study.  The City of New York has no desire to

                 alienate the good graces and the feelings and

                 the neighbors of Van Cortlandt Park or any



                                                        5391



                 other parkland.

                            This seems like an act of

                 necessity, acting under a consent decree

                 entered into by the United States of America.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Madam

                 President, I want to thank Senator Maltese for

                 his answers.

                            He does make the case for the need

                 for the water filtration plant, and he does

                 make the case for a process by which it was

                 determined that the use of this is very

                 important and that it is a necessity.

                            I did not feel that I understood

                 how they came to this decision, other than the

                 fact that he did tell us that experts decided

                 it.  Cynically, I wonder where the experts

                 live.  But the reality is that the siting of

                 these facilities is going to be one that will

                 probably be opposed by whatever community that

                 they adjoin.  And that's why I think it is

                 very important that there be some equity in

                 the site selection process.

                            I guess the necessity inevitably



                                                        5392



                 convinces me that it is important.  But if

                 there is any more information about how these

                 decisions are reached, I'd be interested in

                 hearing it.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Oppenheimer.

                            SENATOR OPPENHEIMER:    Thank you,

                 Madam President.  I think I'll just speak on

                 the bill.

                            I think the cart has been placed in

                 front of the horse in this particular

                 instance.  The New York City DEP has not

                 provided the essential information that has

                 been requested and indeed is required by law

                 to be filed with the State Office of Parks,

                 Recreation and Historic Preservation, and

                 shared that information with the Senate and

                 the Assembly.

                            And that has to be done before a

                 municipality requests state approval for

                 alienation of parkland.  Therefore, I feel

                 we're being asked as legislators to vote in a

                 blindfolded, certainly in a premature manner.

                            This bill would alienate parkland



                                                        5393



                 over the objections of local Assembly members

                 whose constituents are demanding that New York

                 City follow the SEQRA process.  This bill

                 would approve alienation of parkland before

                 the DEP substantiates that it is the best

                 site.

                            And of course I would have to

                 mention here that we think the best site is in

                 Westchester.  And we have a community in

                 Westchester that wants this site -- this built

                 in our county.

                            The fact is, if you do build this

                 in the Bronx, it is south of Westchester.  And

                 that means that the water that we drink --

                 which is largely, almost exclusively, in

                 Westchester County, New York City water --

                 would not have the same filtration and

                 therefore would require, I guess, a second

                 filtration plant to be built in Westchester to

                 take care of that 10 percent of our water

                 which comes from the Croton reservoir system,

                 where 90 percent of it comes from the Delaware

                 and Catskill system.

                            So I think wherever this is built,

                 we are going to offer the jobs to the



                                                        5394



                 laborers, who I know very much want this in

                 the Bronx.  But it would also have to be built

                 in Westchester as well, and those jobs would

                 be available to those laborers.

                            So I'm going to be voting no

                 because I don't know how our water, which is

                 also New York City water, would be filtered if

                 the filtration plant is put below our county.

                            ACTING PRESIDENT McGEE:    Senator

                 Sabini.

                            SENATOR SABINI:    Thank you, Madam

                 President.  On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Sabini, on the bill.

                            SENATOR SABINI:    I'm sorry this

                 comes up so late, because I worked very hard

                 on this project as a member of the New York

                 City Council, and I chaired the committee this

                 passed this back in the late '90s.  And we're

                 back here with this now because of a lawsuit

                 that was filed that required alienation of

                 parkland we honestly didn't believe we needed

                 at the time.

                            We negotiated a $200 million

                 mitigation package, which still stands.  Now



                                                        5395



                 the Senate and Assembly will have some

                 jurisdiction over it.

                            But in answer to some of the

                 questions, I feel the need to tell you, since

                 I spent so much time on this, a couple of

                 things.  Number one, the pipes only go through

                 a certain part of the Bronx and Westchester.

                 So you can only build it in a few different

                 places.  It's like you can't build a railroad

                 station where there are no railroad tracks.

                 The tracks have got to come first.

                            We looked at a number of sites.

                 The most preferable site, despite some of the

                 verbiage in some of the memos I've seen, is

                 the Jerome Park Reservoir, which DEP of the

                 City of New York owns.  And it's used for

                 water.

                            However, the opponents, some of

                 them still opposing this plant, were against

                 Jerome Park because they felt it impacted on

                 the neighborhood and lots of people live there

                 and have waterfront views and they wouldn't

                 have those anymore.

                            So we said fine, we'll look at

                 other alternatives.  We looked at a recreation



                                                        5396



                 area in Van Cortlandt Park, in the Shandler

                 Recreation Area.  And I know there were some

                 objections by members of this body on that

                 site, so we rejected that.

                            And we came to the Mosholu Golf

                 Course, and that's where this proposal is

                 today.

                            Three well-recognized environmental

                 groups agree on the need to have this plant.

                 They don't want to say where, because there is

                 some concern by different people if we put it

                 in one place, people will resent it.  It's got

                 to go somewhere.  It's got to go somewhere.

                            And we don't have any choice but to

                 build it, because the city is under a consent

                 decree from the federal government.  So it's

                 got to be done.  So if it's not there, where?

                 Senator Paterson raised that question.  And I

                 agree with him, if not there, where?

                            But I looked at all the sites, and

                 the City Council looked at all the sites, and

                 that's where they decided to put it because

                 that's the site that had the least opposition

                 from people in the Bronx.  And in fact, we

                 were told by many of the people opposing it



                                                        5397



                 today that they would be a lot happier if we

                 just put it in the Mosholu Golf Course and

                 under Van Cortlandt Park.

                            P.S., for those of you who don't

                 know the New York City water system, there

                 happens to be this huge chamber under Van

                 Cortlandt Park right now, and you'd never know

                 it was there, because it's about twenty

                 stories underground, under the park, in

                 another section of Van Cortlandt Park.  And it

                 exists, no one knows it's there, and the park

                 remains a park.

                            Yes, there will be disruption in

                 the park over the years that this will be

                 built.  Yes, there will be a rejiggering of

                 recreation in Van Cortlandt Park.  But the

                 fact remains, we have to build this.  And if

                 we keep dawdling, if we keep saying not here,

                 not here, not here, we're running out of

                 places.

                            And with respect to my colleague

                 from Westchester, there are lots of people in

                 Westchester said we could build it there until

                 we actually selected a site -- or talked about

                 a site.  And then every time we talked about a



                                                        5398



                 site, they said, Well, not there, and not

                 here.

                            And this has got to be the best

                 site.  I believe it's the best site.  And with

                 regard to filtration of the Westchester water

                 that doesn't get down to this because the

                 pipes run, believe it or not, by gravity, the

                 city would be required, I believe, under our

                 current agreements with the other counties, to

                 build you a small filtration plant at the

                 ratepayers of New York City's expense.

                            Which we do in various parts of

                 everyone's district.  In the watershed in

                 Cat/Del and Croton, we do that now.  And I

                 assume that would be part of the continuing

                 agreement on cooperating with upstate counties

                 on water.

                            So I looked at this for a long

                 time, as did members of the City Council.

                 It's the best answer to a bad problem.  I

                 believe we have to build it, and I believe we

                 have to build it there.  And I honestly don't

                 see another site that's acceptable.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Senator



                                                        5399



                 Connor.

                            SENATOR CONNOR:    Thank you, Madam

                 President.

                            Our colleague Senator Sabini said

                 the magic word for many members.  You know,

                 you read the memos from the environmental

                 groups, and they worry about replacing trees

                 and parkland and so on.  But I say to my

                 colleagues, he said the magic word.  This is a

                 golf course.

                            And I had occasion three or four

                 weeks ago to actually stand where they're

                 going to do this.  My son was playing a high

                 school golf match at the Mosholu course.

                            And by the way, for my colleagues,

                 the Van Cortlandt Golf Course -- which one of

                 the environmental groups points out, oh, it's

                 a public course, you can get to it by

                 subway -- I point out to my colleagues, it is

                 the first and oldest public golf course in

                 America.  It goes back into the 19th century

                 when members of what had been a private club,

                 the Mosholu Golf Course, got the city to found

                 the Van Cortlandt Golf Course.

                            The Mosholu Golf Course, once 18



                                                        5400



                 holes, lost nine of its holes to a play and

                 recreation area in a forested area.  What is

                 there on the nine holes that will be affected?

                 A program called First Tee.  And I observed

                 First Tee firsthand.  It is supported by

                 not-for-profit monies by some very

                 prominent -- the late Mr. Rudin, I think, gave

                 a lot of money toward it.  It is a golf

                 education center for young children.

                            And it's a program where when the

                 children come and they don't have golf clubs,

                 they give them golf clubs, they give them

                 instruction.  They have practice tees.  They

                 have practice greens.  They have great

                 practice facilities for very young kids.

                            And I watched a lot of these kids

                 out there.  And there are a lot of kids in the

                 Bronx, children of color, working-class kids,

                 who, my colleagues, don't have parents who

                 take them to the country club, don't have a

                 chance to play the wonderful sport of golf, a

                 lifetime sport -- because I'm not suggesting

                 they're all going to go on the pro tour.  But

                 who knows?

                            But it's a lifetime sport.  And we



                                                        5401



                 all know it has business and social

                 implications.  And these kids, as a result of

                 that program, are getting to play golf, to

                 learn how to play golf and be exposed to golf.

                            That's what goes on at the Mosholu

                 Golf Course.  It is basically -- high school

                 teams get to play their matches there, but

                 it's for younger kids, even, in a program

                 called First Tee.

                            And my problem with this is -- and

                 I understand the City Council was confronted

                 with a problem and all.  But in New York City,

                 we have a forgotten group, the kids.  The

                 kids.

                            You know, my son plays on a high

                 school football team.  It's the oldest high

                 school football program in America, a hundred

                 years old.  They've never had a field.  They

                 don't have a field to practice on, they don't

                 have a field to play on regularly.  Not in a

                 hundred years they don't.  And that's typical

                 of how we treat our kids in New York City.

                            So here's a place that they put

                 aside, they put aside a nine-hole golf course

                 with practice facilities and all, for kids.



                                                        5402



                 Mostly kids in the Bronx, mostly minority

                 kids.  They get to do something they couldn't

                 get to do in a million years otherwise.

                            And we're going to shut this down.

                 And they'll tell you, the proponents of this

                 will say:  Oh, but in seven or eight years

                 after we build it, we'll restore it.  Right.

                 And that 9-year-old kid will be 16, and the

                 12-year-old kid will be 20.  You don't get

                 those seven years back.

                            And I appreciate all the opponents

                 of this, the environmental concerns they

                 raise.  I also appreciate all the letters I've

                 gotten from all the unions that want the work.

                 But they're going to get the work, because

                 there will be a filtration plant built

                 somewhere.

                            I am just not convinced this is the

                 place to go.  I'm not convinced this is the

                 place to go.  Why disrupt a rare program that

                 our kids get to use, the kids get to use, and

                 put aside that for seven or eight years?

                            Now, the city has said:  Oh, we'll

                 put 243 million or whatever it is, invest it

                 in the Bronx in other parks and so on.  Well,



                                                        5403



                 that's good.  But I don't see anybody talking

                 about youth programs with that money.  Are

                 they talking about -- and there's nothing

                 wrong with green space and growing more trees

                 and fixing up smaller parks and so on.  But I

                 don't know that that money is guaranteed for

                 that.

                            And I don't know -- you know,

                 it's -- and the Court of Appeals, when they

                 decided an earlier version of this, naturally

                 it is parkland.  But it is what for some of us

                 is probably the most wonderful parkland, it's

                 a golf course.  And a golf course that does

                 great things for kids, that literally runs a

                 program, a very expensive program for kids who

                 couldn't afford it.  And it runs it all summer

                 and fall and spring.

                            And nobody said, Well, where are

                 you going to put First Tee for these seven

                 years?  How are you going to replicate that

                 program?  That program in the Bronx, for those

                 kids.  And until somebody answers these

                 questions for me, I'm tired of New York City's

                 great urban needs for space in Lower Manhattan

                 for office buildings and so on and so forth,



                                                        5404



                 always trumping our kids, always trumping a

                 place to play ball, always trumping a place

                 for kids to do these things.

                            And that's the unfortunate reality

                 of that urban area, and those of you who

                 represent it on both sides of the aisle

                 understand that.  Our kids don't have enough

                 places to play.  They just don't.

                            And I'm not ready to vote to tear

                 up the Mosholu Golf Course, put aside this

                 wonderful youth golf program for seven or

                 eight years while they build this plant.

                 There's got to be a better alternative.

                 People have to look for that alternative.

                            ACTING PRESIDENT McGEE:    Senator

                 Diaz.

                            SENATOR DIAZ:    Thank you, Madam

                 President.

                            I am from the Bronx, and I know the

                 politics of the Bronx.  I hate to see -- I

                 hate to see the City of New York get penalized

                 to pay extra fines, to pay extra money to move

                 this project to another place because of

                 personalities, because of two macho men in my

                 borough.  I say, over my dead body.



                                                        5405



                            So the City of New York will get

                 penalized because these two macho men -- what

                 these two macho men from the Bronx have to

                 understand is that this plant has to be built.

                 And the Mayor's office and everyone is saying

                 that this is the best place to build this

                 plant.

                            So let's stop the macho men, and

                 let's stop the politics of who got more power,

                 and let's do what's right for the City of

                 New York.  And what's right for the City of

                 New York?  To stop this kind of nonsense.  And

                 let's build this plant where it was supposed

                 to be built, in the place that has been

                 chosen, in the place that will be cheaper for

                 the city, in the place that will create jobs

                 for the Bronx, in the place where it will be

                 done better, and in the place where that park

                 would be built in better form than it is.

                            So let's stop our nonsense, and

                 let's call things the way they are.  Two macho

                 men from the Bronx trying to stop this.  One

                 saying, Not in my backyard, not in here, not

                 in there, and one saying, Over my dead body.

                            Ladies and gentlemen, I am from the



                                                        5406



                 Bronx, and this plant should be built in the

                 Bronx.  We want this in the Bronx.  And it

                 should be built in the place that has been

                 chosen.

                            Thank you very much.

                            ACTING PRESIDENT McGEE:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you, Madam President.

                            While I may not be from the Bronx,

                 84 percent of my district is in the Bronx.

                 And this community abuts my district.  But for

                 the creative redistricting, this would be in

                 my neighborhood.

                            However, I don't know who the macho

                 men are and all the people who don't want it,

                 but I can tell you about the residents that

                 don't want it.  I can tell you about the

                 children who benefit from the programs that

                 are there.  Not just from the golf courses,

                 but 48 acres of greenland in the Bronx is like

                 taking all the oxygen out of the area.

                            And for those who don't live there,

                 it doesn't matter to you.  But for those of us

                 who do live there and who benefit from this



                                                        5407



                 open space, understand that there have been

                 other options and choices that have been

                 chosen.

                            And it's very interesting that

                 the -- that everybody heard everything except

                 the one thing that my colleague said:  the

                 least resistance.  And the people who live

                 there are always the ones who get dumped on

                 because they have the least representation.

                            Well, I'm here to tell you that I

                 represent them, and we don't want it.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    I concur

                 with what many of my colleagues have already

                 said.  This is a terrible place for a

                 filtration plant.  And I would urge everyone

                 considering this that there is a site that has

                 been identified -- not parkland -- under the

                 Major Degan, all it requires is an engineering

                 study.  There are other options available.



                                                        5408



                            This legislation has been pushed

                 through by a process that has resulted in

                 extraordinary contradictions between the bills

                 and the testimony of those who have been in

                 support of it; notably, the testimony before

                 the Assembly Committee on Cities.

                            This plant is an extremely

                 dangerous plant.  It's going to be across the

                 street from residential housing in a

                 moderate-income community.  The community

                 center serving 20,000 children that serves

                 this community is four blocks from the plant.

                 It is across the street from a center for

                 people with disabilities, it's less than half

                 a mile from the Montefiore Children's

                 Hospital.

                            This is a plant that's going to

                 have 460,000 gallons of chemicals that the EPA

                 has identified as hazardous stored there at

                 all times.  This is, in fact, the type of

                 plant that has been referred to in our

                 discussions on homeland security as a very

                 dangerous potential terrorist target.

                            During the construction process,

                 we're told, there will be trucking 16 hours a



                                                        5409



                 day, six days per week, just to move the waste

                 in and out.

                            Most significantly, though, there

                 really has been a lot of double-talk about

                 what this is going to look like at the end of

                 the day.  We were told that the filtration

                 plant would be 28 acres and that there would

                 be restoration, the park would be rebuilt over

                 the plant.

                            Unfortunately, this bill actually

                 alienates nine parcels that total 42 acres and

                 only provides for 5 acres to be restored.  So

                 we're going to lose, as Senator Connor pointed

                 out, the golf course.  We're going to lose a

                 lot of other valuable space also.  Forty-two

                 acres is an enormous, enormous piece of

                 property.  It is equal to 38 football fields.

                 That is a big chunk of green space in the

                 Bronx that's going to be lost forever.

                            I agree, we need construction jobs,

                 we should have the jobs.  I agree that we will

                 have the jobs if we build in an alternative

                 location.  I'm sorry we're here so late

                 dealing with this issue.  I do think there is

                 another site available, and I do think that



                                                        5410



                 there are people in the community who are very

                 much willing to work with the city to find

                 another site.

                            This is a terrible location for a

                 plant.  There are better alternatives.  I'm

                 going to vote no, and I urge all my colleagues

                 to vote no.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1687 are

                 Senators Andrews, Connor, Gonzalez,

                 Hassell-Thompson, L. Krueger, Oppenheimer,

                 Schneiderman, Stachowski.  Also Senator Duane.

                 Ayes, 52.  Nays, 9.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Maziarz.

                            SENATOR MAZIARZ:    Thank you,

                 Madam President.  I'd like unanimous consent



                                                        5411



                 to be recorded in the negative on Calendar

                 Number 1683.

                            ACTING PRESIDENT McGEE:    With no

                 objections.

                            Senator Montgomery.

                            SENATOR MONTGOMERY:    Madam

                 President, I would like unanimous consent to

                 be recorded in the negative on Calendar

                 Numbers 1679 and 1680.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR MONTGOMERY:    Thank you.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1692, by Senator Padavan, Senate Print 5688,

                 an act to amend the Education Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Padavan, an explanation has been requested.

                            SENATOR PADAVAN:    As most of you

                 will remember, last year we totally revamped



                                                        5412



                 the educational system in the City of

                 New York, giving the mayor significant

                 authority, restructuring many of the

                 components of that large educational complex

                 of over 1 million students.

                            One of the things we did in the

                 process was create a task force to report back

                 to us by the middle of February on what to do

                 about our community school boards.  They did

                 their work, and they did it rather well, the

                 10-member task force appointed by both houses.

                            We took the essence of that study

                 and its recommendations and transposed it into

                 legislation, which is what is before you.

                            We are creating in each community

                 school district in the City of New York a

                 parent council made up of nine parents; two

                 individuals appointed by the borough

                 presidents, with broader expertise and

                 knowledge beyond the particular district,

                 perhaps; and an ex officio member who is a

                 student.

                            In addition to having one of these

                 parent councils in each district, we have a

                 citywide council for those children in what we



                                                        5413



                 normally refer to as District 75, special ed

                 children.  The parents will be on that panel

                 as well and that council as well.  However,

                 the two additional individuals would be

                 appointed by the Public Advocate.

                            The process for selecting the

                 parent members of these councils will be, as

                 required by the legislation, developed by the

                 chancellor.  It is required that this be done

                 by the end of October.  Those councils will

                 then serve for the remainder of a two-year

                 term, and then thereafter they would be

                 reelected or reappointed, I should say, every

                 two years.

                            That's the essence of the bill.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 17.  This

                 act shall take effect --

                            ACTING PRESIDENT McGEE:    Senator

                 Andrews.

                            SENATOR ANDREWS:    Madam

                 President, would the sponsor yield for a

                 question.  Or Senator Padavan.

                            ACTING PRESIDENT McGEE:    Senator



                                                        5414



                 Padavan --

                            SENATOR PADAVAN:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR ANDREWS:    Senator

                 Padavan, I look at this bill and it says that

                 we have these parent advisory councils and

                 they set some rules and charges for them -- to

                 meet regularly, to prepare meeting notices and

                 minutes, and to appoint a secretary to do

                 these functions.

                            Is this secretary one of the

                 members of the parent council, or is this a

                 separate employee that's --

                            SENATOR PADAVAN:    A separate

                 employee.

                            SENATOR ANDREWS:    -- that's going

                 to be paid to --

                            SENATOR PADAVAN:    Paid for by the

                 Board of Education.

                            SENATOR ANDREWS:    Okay.  And as

                 relates to the special education citywide

                 component, that same person, that secretary,

                 will be employed --

                            SENATOR PADAVAN:    Same thing,



                                                        5415



                 yes.

                            SENATOR ANDREWS:    And who picks

                 this person?

                            SENATOR PADAVAN:    The Department

                 of Education would pick that person.  They'd

                 be hired through the same personnel process

                 that any secretary is hired.

                            SENATOR ANDREWS:    Okay.  So under

                 the old process with the school boards, the

                 secretary and the executive assistant to the

                 school boards were hired by the school board

                 members.

                            Now, this person will not be hired

                 by the parent advisory council; right?

                            SENATOR PADAVAN:    That's correct.

                            What we wanted to do is to ensure,

                 number one, that the duties and

                 responsibilities of the parents' council were

                 as comprehensive as we possibly could do it.

                 The task force I think gave us that in

                 abundance, and we've transposed that into the

                 bill.

                            We also wanted to make sure they

                 had the resources to do their jobs, to do what

                 we expect of them.  And one of them is to have



                                                        5416



                 a secretary to handle in its outlines what the

                 functions of that secretary will be in every

                 district for every parent council.

                            SENATOR ANDREWS:    Through you,

                 Madam President, will the sponsor yield to

                 another question.

                            ACTING PRESIDENT McGEE:    Senator

                 Padavan, do you continue to yield?

                            SENATOR PADAVAN:    Yes.

                            SENATOR ANDREWS:    How many

                 children, approximately, are in special

                 education now?

                            SENATOR PADAVAN:    Citywide?

                            SENATOR ANDREWS:    Citywide, yes.

                            SENATOR PADAVAN:    I'm not sure,

                 Senator.  I don't want to really guess.

                            SENATOR ANDREWS:    Through you,

                 Madam President, another question to the

                 Senator Padavan.

                            SENATOR PADAVAN:    Yes, go ahead.

                            SENATOR ANDREWS:    Would it be

                 safe to assume it's over maybe 300,000 or

                 200,000?

                            SENATOR PADAVAN:    No, absolutely

                 not.



                                                        5417



                            SENATOR ANDREWS:    Not that many

                 kids?

                            SENATOR PADAVAN:    We have

                 1.1 million total students in the entire

                 system.  Special ed students would probably be

                 a significantly smaller percentage than what

                 you just suggested.

                            SENATOR ANDREWS:    Would the

                 sponsor yield?

                            SENATOR PADAVAN:    Maybe

                 10 percent at best.

                            SENATOR ANDREWS:    Right now,

                 under this present system, each school

                 district has their own special education, or

                 there's one special education board for the

                 whole --

                            SENATOR PADAVAN:    District 75 is

                 a citywide -- and that's why it's called

                 District 75 -- citywide component that exists

                 that deals with special needs of children that

                 fall in those categories.  And we want them to

                 have the same opportunity for parental

                 involvement, parental oversight, parental

                 interface with those who are responsible for

                 the education of those children.



                                                        5418



                            And that's why we created this

                 council for them.

                            SENATOR ANDREWS:    Thank you.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 17.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1694, by Senator Flanagan, Senate Print 5696,

                 an act to amend the Legislative Law.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan, an explanation has been requested.

                            SENATOR FLANAGAN:    Thank you,

                 Madam President.

                            A couple of different things about

                 this bill.  There are -- this is a lobbying

                 reform bill, and it has a judicial component



                                                        5419



                 as well.  I think there are several basic

                 points that I would like to make.

                            Number one, I would like to thank

                 Senator Bruno.  I've had a number of

                 discussions with him on this subject over the

                 last several months.  And I'm glad to see that

                 we have this bill before the house.  So I

                 think that's an important component.  And I

                 know how seriously he takes this issue because

                 of the number of conversations I've had with

                 him personally on this subject.

                            But in relation to the bill, there

                 are things that everybody should know.

                 There's been a lot of discussion and a lot of

                 talk about procurement.  There's been a lot of

                 discussion and a lot of talk about contingency

                 fees.  This bill changes that.  That's a

                 pretty substantial change in the law.

                            And it not only applies to state

                 agencies and state authorities and the

                 Legislature, it applies to all municipalities

                 throughout the State of New York.  So that is

                 a significant change from present law.

                            We also changed the composition of

                 the Lobby Commission.  The Lobby Commission



                                                        5420



                 goes from six members to eight members.  Right

                 now, the Governor has two appointments on the

                 Lobbying Commission.  This would increase the

                 Governor's two votes, or two members on the

                 commission, to four.  However, the voting

                 status of all the members would remain the

                 same.  There's six total votes; the Governor

                 would have two nonvoting members added to the

                 commission.

                            And we also create a judicial

                 commission with ten members, seven appointed

                 by the Executive, one by the leader of the

                 Senate, one by the leader of the Assembly, and

                 one by the Attorney General.  And the charge

                 of that commission, frankly, is to come back

                 over the course of the next about eight months

                 and report back to this Legislature by

                 February 1st of 2004 on recommendations in a

                 number of key areas.

                            And I think conceptually there are

                 two basic points I would like to make in

                 relation to this subject and, frankly, any

                 piece of legislation that is out there on this

                 subject.

                            I try and talk to my own kids about



                                                        5421



                 government and what's the role of government

                 and how and why we make laws.  And one of the

                 things, you know, when you're talking to kids

                 who are in school, regardless of their age,

                 you try and keep the message as concise and as

                 simple as possible.

                            And one of my points to them is

                 many times we make laws to protect people in

                 the realm of the public good, but there are

                 times when we make laws not to go after the

                 good guys but to go after the bad guys, to

                 avoid potential problems and to correct some

                 problems that may exist.

                            I think what we're trying to do

                 here is take a step forward, advance reform,

                 real reform, true and substantive reform.

                            And because we're here and we work

                 in a governmental and a political and a

                 legislative body, I want one thing to be

                 reminded to everybody who may listen and who

                 may opine on this subject here and sometime

                 tomorrow, that the overwhelming majority of

                 people who work in this institution and in

                 Albany and around Albany do the right thing.

                            People try very hard and are very



                                                        5422



                 dedicated in the work that they do.  Here we

                 are, after 4:00 o'clock in the morning.

                 People are overwhelmingly dedicated and

                 professional and maintain the strictest and

                 highest levels of integrity.

                            But every now and then, there are a

                 couple of people who don't follow that

                 standard, so we have to think hard and long

                 about what we do.  And I believe this bill

                 goes a long way towards addressing some of

                 those problems.

                            ACTING PRESIDENT McGEE:    Senator

                 Liz Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.

                            I guess I'll start with a point of

                 order.  Does this bill have a memo attached to

                 it?  It's my understanding that we would need

                 to have a memo for this to be properly before

                 the Senate, particularly since it's dated the

                 19th, which might be yesterday or might be

                 today, and it's a very complex bill.

                            Is there a memo?

                            ACTING PRESIDENT McGEE:    I'm not

                 sure what you mean.  You mean a message of



                                                        5423



                 necessity?

                            SENATOR LIZ KRUEGER:    No, a bill

                 memo.  Sponsor's memo.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Madam

                 President, do I have a sponsor's memo with my

                 name on it?  No, I do not.

                            But I was asked for an explanation

                 of the bill, and I think I gave a very

                 detailed explanation of the components of the

                 bill.  I'd be happy to answer any questions on

                 the substance of the bill.  But I believe I

                 touched on all the salient points of the bill.

                            SENATOR LIZ KRUEGER:    Just again

                 on a point of order, should there be an actual

                 memo in the sponsor's name for this bill for

                 us to be reviewing it tonight?  I'm being

                 advised that the Senate rules require a

                 sponsor's memo be available.

                            ACTING PRESIDENT McGEE:    It's my

                 understanding that the Senate rules do call

                 for a memo, and it's my understanding that

                 there is a memo as a work in progress on the

                 bill.



                                                        5424



                            SENATOR LIZ KRUEGER:    Madam

                 President, could I recommend that we lay it

                 aside until we get the memo available.

                            SENATOR FLANAGAN:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    I'd like to be

                 heard on the point of order.

                            ACTING PRESIDENT McGEE:    On the

                 point of order.

                            SENATOR FLANAGAN:    It is twenty

                 after 4:00 in the morning, and I think we

                 would all like to move ahead as expeditiously

                 as possible.  I don't think there's any reason

                 to delay.  I think this is a very important

                 subject.  We can engage in a colloquy and

                 discussion right now as to the merits and the

                 substance of the bill, and I think we should

                 move forward.

                            SENATOR CONNOR:    Point of order,

                 Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Connor.

                            SENATOR CONNOR:    A point of order



                                                        5425



                 is not debatable.

                            ACTING PRESIDENT McGEE:    I beg

                 your pardon, sir?

                            SENATOR CONNOR:    A point of order

                 is not debatable.  I'm hearing debate on it.

                            ACTING PRESIDENT McGEE:    Just one

                 moment.

                            SENATOR BRUNO:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside temporarily.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1695, by the Senate Committee on Rules, Senate

                 Print Number 5697, an act to amend the Civil

                 Practice Law and Rules.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 30th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill



                                                        5426



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1696, by Senator Morahan, Senate Print 5698,

                 an act providing for the election of

                 delegates.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno, there is a message of necessity at the

                 desk.

                            SENATOR BRUNO:    I would move to

                 accept the message, Madam President.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All those in favor will say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed

                 will say nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the



                                                        5427



                 roll.

                            SENATOR SABINI:    Explanation.

                            SENATOR CONNOR:    Madam President,

                 just through the miracle of time travel, this

                 bill has now been introduced on June 19th.

                 And I believe the message is in order.

                            So I withdraw my prior objection,

                 and I'm supporting the bill.  And I'm just

                 glad we could travel back through time and

                 solve the problem.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR SABINI:    Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan, an explanation has been requested.

                            SENATOR MORAHAN:    Thank you,

                 Madam President.

                            This act provides for the election

                 of delegates to the national party convention

                 or a national party conference in 2004, in the

                 spring and fall primaries in such year, and it

                 amends the Election Law in relation to

                 electing delegates to a national party

                 convention and providing for the repeal of

                 certain provisions upon the expiration



                                                        5428



                 thereof.

                            ACTING PRESIDENT McGEE:    Senator

                 Sabini.

                            SENATOR SABINI:    Madam President,

                 on the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Sabini, on the bill.

                            SENATOR SABINI:    In the interests

                 of time, I won't go through a lengthy colloquy

                 with Chairman Morahan.

                            I just want to point out to my

                 colleagues that the bill applies not

                 exclusively but suggestively to the Republican

                 Party, which I am not a member of.  But what

                 the bill does do is says that it's a

                 winner-take-all presidential primary.

                            That means you could get 49 percent

                 of the vote, 49.9 percent of the vote in a

                 two-candidate race in New York State and get

                 no delegates, or in a five-candidate race you

                 could get 25 percent and get all the

                 delegates.

                            Now, I don't happen to subscribe to

                 the Republican Party, but in the interests of

                 democracy with a small "d," I think that the



                                                        5429



                 members should know that at least in my party,

                 we don't allow this in any state.  We won't

                 seat delegates from states that have that

                 rule.

                            And if you're interested in

                 pluralism within your party, you'll cast a no

                 vote.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Connor.

                            SENATOR CONNOR:    Yes, Madam

                 President.

                            Just let me say while I think it's

                 an unwise choice the Republican Party makes

                 when it has a winner-take-all primary -- and

                 it's probably why, in the last presidential

                 election, the Democrat got 2 million more

                 votes than the Republican -- but the fact is

                 it is, in my opinion, their business.

                            And if they want to make that

                 unwise choice and in effect discount their own

                 primary voters' votes, then it's -- they will

                 have to answer to those voters.

                            And in the spirit of what I said

                 earlier about each party according the other



                                                        5430



                 its First Amendment rights to organize itself

                 any way it wants, wisely or unwisely, I'll be

                 supporting this bill.

                            ACTING PRESIDENT McGEE:    Any

                 other Senator wishing to speak upon the bill?

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1696 are

                 Senators Duane, Sabini, and Schneiderman.

                 Ayes, 58.  Nays, 3.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1699, by Senator Hannon, Senate Print 2949A,

                 an act to amend the Public Health Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first --

                            SENATOR STACHOWSKI:    Explanation.



                                                        5431



                            ACTING PRESIDENT McGEE:    Senator

                 Hannon, an explanation has been requested.

                            SENATOR HANNON:    This would

                 subject both certified home healthcare

                 agencies and licensed home healthcare agencies

                 to reporting requirements and add caps to the

                 administrative percentages of expenses that

                 are now applicable to certified home health

                 agencies to licensed home health agencies.

                            ACTING PRESIDENT McGEE:    Senator

                 Stachowski.

                            SENATOR STACHOWSKI:    Would the

                 sponsor yield to a couple of questions.

                            ACTING PRESIDENT McGEE:    Senator

                 Hannon, will you yield for some questions?

                            SENATOR HANNON:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 sponsor yields.

                            SENATOR STACHOWSKI:    I have a

                 memo in opposition from the licensed home

                 health-care providers, and they're concerned

                 about the fact that this is another cap on

                 their reimbursement rate already, and that it

                 makes for an unlevel playing field.

                            Do you have any response to that?



                                                        5432



                            SENATOR HANNON:    Is that a memo

                 on the amended bill or on the --

                            SENATOR STACHOWSKI:    It's on

                 2949A.

                            SENATOR HANNON:    Okay.  Well,

                 there is a cap currently on certified home

                 healthcare agencies.  Those are the big

                 agencies.  They contract with licensed home

                 care agencies.  The cap on administrative

                 expenses on the big agencies is on their

                 administrative expenses.

                            There is a thought that there ought

                 to be a cap on the small ones.  Some people

                 say, well, that's two caps, but it's not on

                 the same money.  It's not on the same

                 expenses.  Because the licensed agencies are

                 subcontractors of the larger agency.

                            SENATOR STACHOWSKI:    If the

                 sponsor would continue to yield.

                            SENATOR HANNON:    Yes.

                            SENATOR STACHOWSKI:    Through you,

                 Madam President, one of the complaints they've

                 always had, and this is out my way, is that it

                 always seems that there's a closer scrutiny

                 and a lower rate for the people north of



                                                        5433



                 Westchester that has a detrimental effect on

                 delivery in Western New York and obviously a

                 detrimental effect on what the actual person

                 that goes to the home makes.

                            And they seem to think that this

                 additional charge will only exacerbate that

                 problem when we had just done some adjustment

                 in that area, it seems, just recently.

                            Is that a reasonable complaint?

                            SENATOR HANNON:    I -- there is

                 some paperwork involved.  However, one -- and

                 one of the things in the course of discussions

                 on this legislation is we determined that

                 there is an enormous amount of paperwork

                 already done.  And much of the reporting here

                 can simply be done as an addition.  It really

                 is not great incremental cost.

                            That being said, I can't deny that

                 generally in the western part of the state the

                 rates for both home care, nursing home, and

                 other nonhospital services tend to be lower

                 and place entities there who are delivering

                 services at greater peril of future survival.

                            SENATOR STACHOWSKI:    Thank you.

                            On the bill.



                                                        5434



                            ACTING PRESIDENT McGEE:    Senator

                 Stachowski, on the bill.

                            SENATOR STACHOWSKI:    I think

                 because of the opposition of the agencies

                 basically that are delivering in my area, and

                 their concern that this is going to further

                 make their delivery of service more difficult,

                 I'm going to vote no.

                            I think there are some other

                 reasons that this bill is in.  I know that

                 there's some concern by the operators out my

                 way that this bill is in also to help some

                 other situations out.

                            And for the reasons I mentioned,

                 and the ones I'm not, I'm going to vote no on

                 this bill.

                            ACTING PRESIDENT McGEE:    Any

                 other Senator wishing to speak on the bill?

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    On the

                 bill, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    I think

                 this is a very important piece of legislation.



                                                        5435



                 And I hope that the sponsor's message was

                 clearly understood by all.

                            There are certified home health

                 agencies that receive the overwhelming

                 majority of their funding through Medicaid and

                 Medicare.  These agencies subcontract with the

                 licensed home care agencies, which are the

                 sole subject of this legislation.

                            While the certified home health

                 agencies have to have caps on administrative

                 costs and have reporting requirements as to

                 how they spend our public money, there's a

                 loophole.  The agencies they contract with,

                 the licensed home care service agencies, do

                 not have any such requirements.

                            This bill simply closes that

                 loophole.  It creates a comprehensive

                 monitoring system.  Home care is increasingly

                 important as our population ages.  It is

                 something we want to promote in this state.

                 We want more people staying in their homes and

                 fewer people in institutions.

                            But in order to do that, as it

                 expands, we have to have some system for

                 monitoring this increasingly expensive service



                                                        5436



                 to the public, increasingly utilized service.

                 And this bill simply closes the loop.  There

                 is now this whole category of agencies that

                 don't have to file cost reports.  They don't

                 have to report, as the larger agencies do.

                            So I think this bill actually is a

                 very positive step as we work towards ensuring

                 that our home care services, as they expand at

                 a very rapid rate -- and perhaps not in every

                 part of the state, but certainly in the city

                 of New York and the suburbs, they're expanding

                 at a very rapid rate through these agencies

                 that up until now are outside the scope of

                 legal regulation.

                            I urge support for this bill, I

                 think it's a good bill, and I think it's only

                 going to provide better services for our

                 senior citizens and for us, as we all hope to

                 live long enough to become senior citizens.

                            ACTING PRESIDENT McGEE:    Senator

                 Oppenheimer.

                            SENATOR OPPENHEIMER:    It's

                 happening very rapidly tonight.

                            I think it should be said -- and I

                 don't like to disagree with my colleague --



                                                        5437



                            SENATOR SCHNEIDERMAN:    Oh, go

                 ahead.

                            SENATOR OPPENHEIMER:    -- but it

                 should be said that the licensed home

                 healthcare service agencies bear a

                 disproportionate burden as far as their

                 administrative and general costs are concerned

                 in the delivery of the home care services.

                            Last year when the Health Care

                 Workforce Recruitment and Retention funding

                 was allocated, they were not included in the

                 legislation.  And now, more than six months

                 later, subcontracting licensed home care

                 service agencies are still trying to secure

                 this pass-through funding from their

                 contractors.

                            By imposing these additional cuts

                 on these same agencies, I think this bill

                 would exacerbate the current workforce

                 shortage and access to care.

                            These agencies are the backbone of

                 the home care industry, and I think they are

                 essential to all of us as we age rapidly this

                 evening.

                            Thank you.



                                                        5438



                            ACTING PRESIDENT McGEE:    Senator

                 Hannon.

                            SENATOR HANNON:    I want to just

                 clear up some, you know, misconceptions here.

                            First of all, these people are a

                 very important cog in delivering healthcare --

                 subcontractors to the bigger agencies, but

                 providing it through entities that might be

                 hospitals or nursing homes, adult homes,

                 assisted living, whatever.

                            And what we have to do is have the

                 responsibility for making sure that we're

                 getting a good service delivery for our

                 dollar.

                            So the first part of the bill talks

                 about rounding out the reporting requirements

                 and requires the bigger agencies who have the

                 information to do that.

                            The second part of the bill does

                 impose a limit on the administrative expenses.

                 Well, think of that.  With that limit, the

                 rest of the money goes for healthcare, the

                 whole purpose of the agency.

                            Now, it's hard to argue -- and we

                 love the people who come to us and talk to us.



                                                        5439



                 They're the providers.  But you know what?

                 We're not here to be friends with them.  Our

                 duty is to make sure healthcare is going to

                 the patients.

                            And that's what this is all about,

                 to make sure of an efficient delivery of

                 service to the patients.  So we're trying to

                 get a cap on those costs, make sure that

                 people who are doing the delivery of services

                 are paid a living wage.  We're talking

                 differences between a dollar or two an hour,

                 $6 or $7 an hour.  And what for?  Good

                 healthcare to the people who need it.

                            So I love the people who run these

                 agencies.  They're nice folks.  But you know

                 what?  We're here for a mission for

                 government.  It's our taxpayers' money.  We

                 allocate it, we try to get good service, and

                 that's why this bill is here.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT McGEE:    Call the



                                                        5440



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1699 are

                 Senators Breslin, DeFrancisco, Diaz, Larkin,

                 Leibell, Maziarz, Oppenheimer, Saland, Seward,

                 and Stachowski.  Ayes, 51.  Nays, 10.

                            ACTING PRESIDENT McGEE:    Senator

                 Saland.

                            SENATOR SALAND:    Thank you, Madam

                 President.  I would request unanimous consent

                 to be recorded --

                            ACTING PRESIDENT McGEE:    Just one

                 moment, Senator Saland.

                            The bill is passed.

                            Now, Senator Saland.

                            SENATOR SALAND:    Thank you again,

                 Madam President.  I would request unanimous

                 consent to be recorded in the negative on

                 Calendar Number 1683.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Seward.

                            SENATOR SEWARD:    Likewise, I

                 would ask unanimous consent to be recorded in



                                                        5441



                 the negative on Calendar 1683.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Montgomery.

                            SENATOR MONTGOMERY:    Yes, Madam

                 President.  There are two bills that I would

                 like unanimous consent to be recorded in the

                 negative.  I don't have the calendar numbers.

                 It's Senate Bill S5460 and S2545.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR MONTGOMERY:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I request

                 unanimous consent to be recorded in the

                 negative on 1683, Calendar Number.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Larkin.

                            SENATOR LARKIN:    I request

                 unanimous consent to be recorded in the

                 negative on Calendar 1683.

                            ACTING PRESIDENT McGEE:    Without

                 objection.



                                                        5442



                            Senator Alesi.

                            SENATOR ALESI:    Thank you, Madam

                 President.  I request unanimous consent to be

                 recorded in the negative on Calendar 1699.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1700, by Senator Seward, Senate Print 5700, an

                 act to amend the Insurance Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 13.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we at this time return to Calendar Number

                 1694.

                            ACTING PRESIDENT McGEE:    The



                                                        5443



                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1694, by Senator Flanagan, Senate Print 5696,

                 an act to amend the Legislative Law.

                            ACTING PRESIDENT McGEE:    Senator

                 Liz Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  If the sponsor would yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan, will you yield?

                            SENATOR FLANAGAN:    Yes, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.

                            We've been blessed by two memos now

                 on this bill, at this late hour.  But I still

                 have some questions.

                            ACTING PRESIDENT McGEE:

                 Certainly.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator Flanagan, as you described

                 in your explanation, it would expand from six

                 members of the Lobbying Commission to eight



                                                        5444



                 members of the Lobbying Commission.  Four

                 would be appointed by the Governor, two by the

                 Senate Majority Leader and the -- or, excuse

                 me, one each, Senate Majority Leader, Senate

                 Minority Leader, one each, Assembly Speaker,

                 Assembly Minority Leader.  And no more than

                 two members appointed by the Governor shall be

                 voting members.  So two would be nonvoting and

                 two would be voting.

                            So in a hypothetical situation, we

                 would have two Republicans from the Governor,

                 one Republican from the Senate, one Republican

                 from the Assembly, one Democrat from the

                 Senate, one Democrat from the Assembly.  You

                 would have a weighted advantage of four to

                 two, conceivably, on this commission.

                            Is this any concern about shifting

                 this to be a perhaps more politicized

                 arrangement for the Lobbying Commission by the

                 proposal that the Governor has made where it

                 adds up partisan -- in a partisan sense

                 imbalanced?

                            SENATOR FLANAGAN:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator



                                                        5445



                 Flanagan.

                            SENATOR FLANAGAN:    The simple

                 answer is absolutely not.

                            The present law, there's six voting

                 members on the commission right now.  We're

                 adding two nonvoting members.  It doesn't

                 matter whether the Governor is a Democrat or a

                 Republican, if the Assembly is Democrat or the

                 Senate is Republican.  There is nothing in the

                 bill or the law right now that says that the

                 Governor can't appoint a Conservative or an

                 Independent or Minority Leader Paterson

                 couldn't appoint a Republican.  They're free

                 to choose whomever they deem appropriate to

                 fill these positions.

                            Hypothetically, that could happen.

                 Realistically, it could happen.  But it's not

                 going to change the present composition of the

                 commission.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Madam President, if, through you,

                 the sponsor would continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan, will you continue to yield?

                            SENATOR FLANAGAN:    Yes.



                                                        5446



                            ACTING PRESIDENT McGEE:    The

                 Senator continues to yield.

                            SENATOR LIZ KRUEGER:    Thank you.

                            This bill seems to have a more

                 limited definition than the Assembly bill that

                 I think many of us have been looking at over

                 the past few weeks, Assembly Bill 9062, that

                 also attempted to reform the lobbying laws.

                            And I was wondering if you could

                 just explain a little bit how this bill

                 differs than the Assembly bill in terms of the

                 breadth of scope of what's included for --

                 excuse me, the hour is so late -- under the

                 categories of what's defined as a lobbying

                 activity.

                            SENATOR FLANAGAN:    Well, I would

                 offer a first observation to suggest that

                 while the Senate bill is a little more limited

                 in scope in some areas, it is far more

                 reaching and covers a great deal more

                 substance than the Assembly bill does, by

                 virtue of the fact that we have the judicial

                 commission.  They don't have anything like

                 that in their legislation.

                            One of the differences between the



                                                        5447



                 Assembly and the Senate is that the Assembly

                 bill covers executive orders, implementation

                 of rules and regulations, and they raise the

                 threshold from $2,000 to $7,000 for reportable

                 activities.  And frankly, I think that's a

                 detriment.

                            We keep the threshold to $2,000,

                 which is present law.  We'll get a lot more

                 activity covered that way, and we'll have a

                 lot more reporting than would happen under the

                 Assembly bill.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor would

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan, do you continue to yield?

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator continues to yield.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I appreciated your explanation.

                            Although, since the definition of

                 procurement lobbying is narrower in your

                 Senate bill than it was in the Assembly bill,

                 even though it remains at $2,000, since it may



                                                        5448



                 cover a much move limited scope of activities,

                 dollarwise that may not make the difference.

                 Because, again, you're not covering as many

                 categories of activity in the Senate bill as

                 the Assembly Bill did.

                            Perhaps I'll just jump to an

                 example.  In this bill, in your Senate bill,

                 does it include, as a definition of lobbying,

                 lobbying on executive orders?

                            SENATOR FLANAGAN:    Madam

                 Speaker -- excuse me.  Madam President, I just

                 answered that question.  And the answer is no.

                 I explained that that was the difference

                 between the bills.

                            SENATOR LIZ KRUEGER:    I didn't

                 hear the exact -- Madam President, if, through

                 you, the sponsor would continue to yield.

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Perhaps because I know the context,

                 as many of us do, about some stories in the

                 news recently about different lobbing

                 situations, but I perhaps don't know how to



                                                        5449



                 define them in the context of your bill, would

                 your bill capture a phone call from

                 Senator D'Amato relating to a line of credit

                 for a downtown office as a lobbying activity

                 that this bill would apply to?

                            SENATOR FLANAGAN:    I believe it

                 would, just as it would cover any activities

                 by people who were advocating on contentious

                 issues like Destiny and other things like

                 that.

                            SENATOR LIZ KRUEGER:    Oh.  Thank

                 you.

                            Madam President, if the sponsor

                 would continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan, will you continue to yield?

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator continues to yield.

                            SENATOR LIZ KRUEGER:    Thank you.

                            So this bill would include lobbying

                 related to Destiny USA, since you mentioned,

                 both in the RFP contracting process and in the

                 other activities that they have been involved

                 in through radio and TV and hiring of



                                                        5450



                 lobbyists and coming here?  That would all be

                 covered?

                            SENATOR FLANAGAN:    Madam

                 President, I'm more than happy to answer new

                 questions.  I don't think it's appropriate for

                 me to go back and repeat the same answers.

                 The answer is yes.

                            SENATOR LIZ KRUEGER:    The answer

                 is yes.

                            Thank you, Madam President.  I want

                 to thank the sponsor for his answers.

                            I'm sorry, I have one more question

                 I would like to ask the sponsor.  Through you,

                 Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan, would you like to yield for one more

                 question?

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR FLANAGAN:    My colleagues

                 don't want me to, but I will yield for one

                 more question.

                            SENATOR LIZ KRUEGER:    Thank you.

                            This bill not only covers lobbying;



                                                        5451



                 it covers, as you mentioned, judicial

                 accountability, a whole new topic that I did

                 not delve into.

                            But it also would apply to local

                 governments for lobbying, which I would

                 gather, then, means this would supersede all

                 local laws for New York City, other counties

                 and other localities of the state that may

                 have their own lobbying laws and lobbying

                 commissions.

                            Is that your understanding, this

                 supersedes everyone else's laws in the state?

                            SENATOR FLANAGAN:    Yes.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Liz Krueger on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            The hour is extraordinarily late --

                 or early.  This is -- but this is an

                 extraordinarily complex bill, and I would

                 politely argue it's not the kind of bill we

                 should be looking at without, at 5:00 o'clock

                 in the morning -- as my own colleagues are

                 pointing out, it is broad-based, it deals with



                                                        5452



                 lobbying, it deals with procurement policy, it

                 deals with judicial accountability.

                            I can't imagine that any of this

                 has been discussed with any other locality in

                 the state, since we're attempting to supersede

                 their laws at 5:00 a.m.  And I would argue

                 that we need to do much more review of this

                 bill before we could support it.

                            Although I will say I am very

                 pleased to see bills that address lobbying and

                 judicial accountability coming out of this

                 house, I don't understand how we could explain

                 to the voters of New York that we came up with

                 a brand-new bill that we decided to pass at

                 5:00 a.m. on the day that it was introduced

                 without any further discussion than what we've

                 all lived through right here, with no

                 caucusing with or conferencing with the other

                 house.

                            And the fact is that the Assembly

                 has had a bill on lobbying that I believe has

                 a Senate sponsor for a same-as bill, and that

                 we should have been moving forward with that.

                            It's too complex to absorb, digest,

                 ask the right questions, vote on, and say to



                                                        5453



                 our constituents we knew what we were doing

                 and we passed a good bill on lobbying,

                 judicial accountability, and procurement

                 procedures for the State of New York -- not

                 just the state government of New York, but

                 every local government of New York.

                            So I urge my colleagues to vote no

                 on this bill.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 12.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Madam

                 President, to explain my vote.

                            ACTING PRESIDENT McGEE:    To

                 explain your vote.

                            SENATOR FLANAGAN:    I would like

                 to make sure that one thing is recorded

                 properly.



                                                        5454



                            And that is while I'm a new member

                 to this house, I think I would be remiss if I

                 didn't state for the record that I am, no pun

                 intended, not a Johnny-come-lately to this

                 issue, nor is the Senate Majority.  The Senate

                 Majority passed probably one of the most

                 extensive lobbying reform bills in the last 25

                 years ago just a couple of years ago.

                            And on top of that, I know that my

                 colleague Senator Padavan has carried lobbying

                 legislation throughout the session which has

                 been discussed ad infinitum, both in the halls

                 in this building and outside as well.

                            The Senate Majority has been well

                 poised to discuss this issue, now, six weeks

                 ago, and six weeks from now as we progress.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Announce

                 the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1694 are

                 Senators Andrews, Dilan, Duane,

                 Hassell-Thompson, L. Krueger, Parker, Sabini,

                 Schneiderman, and Stavisky.  Ayes, 52.  Nays,

                 9.



                                                        5455



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            SENATOR BALBONI:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Balboni.

                            SENATOR BALBONI:    I ask unanimous

                 consent to be recorded in the negative on

                 1686.

                            ACTING PRESIDENT McGEE:    1686?

                            SENATOR BALBONI:    Thank you very

                 much.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Skelos.

                            SENATOR SKELOS:    I request

                 unanimous consent to be recorded in the

                 negative on Calendar Number 1686.

                            ACTING PRESIDENT McGEE:    1686.

                 Without objection.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Without

                 objection, I'd like to be counted in the

                 negative on 1686.

                            ACTING PRESIDENT McGEE:    Without



                                                        5456



                 objection.

                            Senator Golden.

                            SENATOR GOLDEN:    I'd like to be

                 recorded unanimously in dissent on 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Johnson.

                            SENATOR JOHNSON:    Madam

                 President, I'd like to be recorded in the

                 negative on Calendar 1686.

                            ACTING PRESIDENT McGEE:    1686.

                 Without objection.

                            Senator Maziarz.

                            SENATOR MAZIARZ:    Madam

                 President, unanimous consent to be recorded in

                 the negative on Calendar Number 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Maltese.

                            SENATOR MALTESE:    Madam

                 President, without objection, I'd like

                 unanimous consent to be recorded in the

                 negative on Calendar Number 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.



                                                        5457



                            Senator Paterson.

                            SENATOR PATERSON:    I object,

                 Madam President.

                            ACTING PRESIDENT McGEE:    I beg

                 your pardon, Senator Paterson.

                            SENATOR PATERSON:    Well, you

                 asked for unanimous consent without objection.

                 And I objected.

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.

                            SENATOR BRUNO:    Madam President,

                 I'd like to request unanimous consent to vote

                 against Calendar Number 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection, Senator Bruno.

                            Senator Nozzolio.

                            SENATOR NOZZOLIO:    Madam

                 President, I request unanimous consent to be

                 recorded in the negative on Calendar Number

                 1686.

                            ACTING PRESIDENT McGEE:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, I request unanimous consent to be

                 recorded in the negative on Calendar Number



                                                        5458



                 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Alesi.

                            SENATOR ALESI:    Thank you, Madam

                 President.  After careful deliberation, I

                 request unanimous consent to vote in the

                 negative on 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Larkin.

                            SENATOR LARKIN:    Madam President,

                 I request unanimous consent to be recorded in

                 the negative on Calendar 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Leibell.

                            SENATOR LEIBELL:    Madam

                 President, I request unanimous consent to be

                 recorded in the negative on Calendar 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Saland.

                            SENATOR SALAND:    Madam President,

                 I request unanimous consent to be recorded in



                                                        5459



                 the negative on Calendar 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Little.

                            SENATOR LITTLE:    Madam President,

                 I request unanimous consent to vote in the

                 negative on Calendar 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Morahan.

                            SENATOR MORAHAN:    Madam

                 President, without objection, I'd like to be

                 record in the negative on Calendar 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Mendez.

                            SENATOR MENDEZ:    Madam President,

                 I request unanimous consent to be recorded in

                 the negative on Calendar 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    I request

                 unanimous consent to be recorded in the

                 negative on 1686.



                                                        5460



                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator LaValle.

                            SENATOR FLANAGAN:    Madam

                 President, I request unanimous consent to be

                 recorded in the negative on Calendars 1683 and

                 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Rath.

                            SENATOR RATH:    Madam President, I

                 request unanimous consent to be recorded in

                 the negative on Calendar 1699.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Bonacic.

                            SENATOR BONACIC:    Thank you,

                 Madam President.  I ask for unanimous consent

                 to vote in the negative on 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Seward.

                            SENATOR SEWARD:    I too would like

                 unanimous consent to be recorded in the

                 negative on Calendar 1686.



                                                        5461



                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator LaValle.

                            SENATOR LaVALLE:    Madam

                 President, I ask for unanimous consent to be

                 recorded in the negative on Calendar Number

                 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Padavan.

                            SENATOR PADAVAN:    May I be

                 allowed to vote in the negative on 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Robach.

                            SENATOR ROBACH:    Madam President,

                 could I also request unanimous consent to be

                 recorded in the negative for 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR ROBACH:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Meier.

                            SENATOR MEIER:    Madam President,

                 I request unanimous consent to be recorded in



                                                        5462



                 the negative on 1686.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we at this time take up Calendar Number

                 1542.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    In relation to

                 Calendar Number 1542, Senator Maltese moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 9003 and substitute it

                 for the identical Senate Bill Number 5651,

                 Third Reading Calendar 1542.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1542, by the Assembly Committee on Rules,

                 Assembly Print Number 9003, an act to amend

                 the Education Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This



                                                        5463



                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            SENATOR BRUNO:    Madam President,

                 is there any housekeeping to be done at the

                 desk?

                            ACTING PRESIDENT McGEE:    Yes,

                 there is some housekeeping.

                            SENATOR BRUNO:    Can we do that at

                 this time.

                            ACTING PRESIDENT McGEE:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, on behalf of Senator Bruno, I wish

                 to call up Senate Print Number 4791C, recalled

                 from the Assembly, which is now at the desk.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1687, by the Senate Committee on Rules, Senate

                 Print 4791C, an act to authorize the City of



                                                        5464



                 New York.

                            ACTING PRESIDENT McGEE:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, I now move to reconsider the vote

                 by which the bill was passed and ask that the

                 bill be restored to the order of third

                 reading.

                            ACTING PRESIDENT McGEE:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is restored.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, I now move to discharge, from the

                 Committee on Rules, Assembly Print Number

                 8069C and substitute it for the identical

                 bill.

                            I now move that the substituted

                 Assembly bill have its third reading at this

                 time and now move for the same vote.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.



                                                        5465



                            The Secretary will read.

                            THE SECRETARY:    Ayes, 51.  Nays,

                 10.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 I would now move to recommit all remaining

                 bills on the Senate Calendar to the Rules

                 Committee.

                            ACTING PRESIDENT McGEE:    So

                 ordered.

                            SENATOR BRUNO:    And there being

                 no further business to come before the Senate,

                 I would move that we stand adjourned.

                            We had talked about being out by

                 6:00, and in daylight, and we are.

                            (Laughter.)

                            SENATOR BRUNO:    Subject to the

                 call of the Majority Leader.

                            Have a great summer.

                            (Applause.)

                            ACTING PRESIDENT McGEE:    The

                 Senate stands adjourned, subject to the call

                 of the Majority Leader.



                                                        5466



                            (Whereupon, at 5:05 a.m., the

                 Senate adjourned.)