Regular Session - June 22, 2004

    

 
                                                        4701



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                               June 22, 2004

                                10:03 a.m.





                              REGULAR SESSION







            LT. GOVERNOR MARY O. DONOHUE, President

            STEVEN M. BOGGESS, Secretary















                                                        4702



                           P R O C E E D I N G S

                            ACTING PRESIDENT McGEE:    The

                 Senate will come to order.

                            I ask everyone present to please

                 rise and repeat with me the Pledge of

                 Allegiance.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            ACTING PRESIDENT McGEE:    In the

                 absence of clergy, may we bow our heads in a

                 moment of silence.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            ACTING PRESIDENT McGEE:    Reading

                 of the Journal.

                            THE SECRETARY:    In Senate,

                 Monday, June 21, the Senate met pursuant to

                 adjournment.  The Journal of Sunday, June 20,

                 was read and approved.  On motion, Senate

                 adjourned.

                            ACTING PRESIDENT McGEE:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.



                                                        4703



                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 forgive the interruption.

                            We need the Sergeant-at-Arms to

                 ring the bells, call the members' offices and

                 get members here to the chamber.

                            It is four minutes after 10:00, and

                 we're starting the session at 10:00, and we

                 have important work to get done today.  So we

                 would appreciate the members getting here and

                 doing their job.

                            ACTING PRESIDENT McGEE:    The

                 Sergeant-at-Arms will ring the bells and bring

                 the members to the chambers.

                            Motions and resolutions.

                            Senator Bonacic.

                            SENATOR BONACIC:    Thank you,

                 Madam President.

                            I'd like to offer the following.

                 On page number 47, I offer the following



                                                        4704



                 amendments to Calendar Number 1746, Senate

                 Print Number 7399A, and ask that said bill

                 retain its place on the Third Reading

                 Calendar, on behalf of Senator Marcellino.

                            In addition, on behalf of Senator

                 Rath, on page number 48 I offer the following

                 amendments to Calendar Number 1754, Senate

                 Print Number 7523, and ask that said bill

                 retain its place on the Third Reading

                 Calendar.

                            ACTING PRESIDENT McGEE:    The

                 amendments are received and adopted, and the

                 bills will retain their place on the Third

                 Reading Calendar.

                            SENATOR BONACIC:    Thank you,

                 Madam President.

                            ACTING PRESIDENT McGEE:    Thank

                 you, Senator Bonacic.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we at this time have the noncontroversial

                 reading of the calendar.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number



                                                        4705



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

                 act to amend the Energy Law, in relation to

                 enacting.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  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

                 288, by Senator Larkin, Senate Print 1966A, an

                 act to amend the Environmental Conservation

                 Law, in relation to solid-waste landfills.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.



                                                        4706



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 289, by Senator Volker, Senate Print 2326D, an

                 act to amend the Environmental Conservation

                 Law, in relation to allowing.

                            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

                 333, by Senator Marchi, Senate Print 3299B, an

                 act to amend the General Municipal Law, in

                 relation to certain disabilities incurred.

                            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 first of July.



                                                        4707



                            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

                 354, by Member of the Assembly Carrozza,

                 Assembly Print Number 6927, an act to amend

                 the Civil Service Law.

                            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

                 456, by Senator Little, Senate Print 5869B, an

                 act to authorize the County of Washington to

                 discontinue use.

                            ACTING PRESIDENT McGEE:    There is



                                                        4708



                 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, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 529, by the Assembly Committee on Rules,

                 Assembly Print Number 9198C, an act to amend

                 the Tax Law.

                            ACTING PRESIDENT McGEE:    There is

                 a local fiscal impact note at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 30th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        4709



                            THE SECRETARY:    Calendar Number

                 532, by Senator McGee, Senate Print 6162, an

                 act to amend the Tax Law, in relation to

                 authorizing the County of Allegany.

                            ACTING PRESIDENT McGEE:    There is

                 a local fiscal impact note at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 579, by Senator Marcellino, Senate Print

                 6116A, an act to authorize the incorporated

                 Village of Muttontown.

                            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



                                                        4710



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 650, by Senator Larkin, Senate Print 6229A, an

                 act to amend the Real Property Tax Law, in

                 relation to expedited.

                            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

                 675, by the Assembly Committee on Rules,

                 Assembly Print Number 10810A, an act to amend

                 the Private Housing Finance Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.



                                                        4711



                            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

                 677, by Senator Bonacic, Senate Print 6777A,

                 an act to amend the Private Housing Finance

                 Law, in relation to farmworker housing.

                            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, 39.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 782, by Senator Alesi, Senate Print 471A, an

                 act to amend the Executive Law, in relation to



                                                        4712



                 certain notifications.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 39.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 800, by Member of the Assembly P. Rivera,

                 Assembly Print Number 10237, an act to amend

                 the Mental Hygiene 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, 39.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        4713



                            THE SECRETARY:    Calendar Number

                 821, by Senator Meier, Senate Print 6753, an

                 act to amend the Domestic Relations Law and

                 others, in relation to Tax Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 42.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 39.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 908, by Senator Padavan, Senate Print 2564D,

                 an act to amend the Administrative Code of the

                 City of New York, in relation to

                 establishment.

                            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



                                                        4714



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 39.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 913, by Senator Golden, Senate Print 6974, an

                 act to amend the Administrative Code of the

                 City of New York, in relation to eligibility.

                            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, 39.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 918, by Senator Padavan, Senate Print 7163, an

                 act to amend the Retirement and Social

                 Security Law and the Administrative Code of

                 the City of New York.



                                                        4715



                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            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, 39.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 978, by Senator Maltese, Senate Print 5885, an

                 act authorizing the City of New York to

                 reconvey its interest.

                            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, 39.

                            ACTING PRESIDENT McGEE:    The bill



                                                        4716



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1011, by Senator Bonacic, Senate Print 4444,

                 an act to amend the Alcoholic Beverage Control

                 Law, in relation to Class A-I distiller's

                 license.

                            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.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1027, by Senator Rath, Senate Print 6640, an

                 act to amend the Family Court Act, in relation

                 to placement.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT McGEE:    Call the



                                                        4717



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 39.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1029, by Senator Rath, Senate Print 6713, an

                 act to amend the Family Court Act and the

                 Social Services Law --

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1033, by Senator Saland, Senate Print 217A, an

                 act to amend the Town Law, in relation to

                 authorizing fire district boards.

                            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, 39.



                                                        4718



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1059, by Senator Maziarz, Senate Print 510C,

                 an act to amend the Education Law, in relation

                 to prohibiting.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of July.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 39.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1102, by the Assembly Committee on Rules,

                 Assembly Print Number 7854, 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 90th day.

                            ACTING PRESIDENT McGEE:    Call the



                                                        4719



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 39.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1162, by Member of the Assembly Gunther,

                 Assembly Print Number 10165, an act

                 authorizing the Town of Fallsburg to

                 discontinue.

                            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, 39.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1195, by Senator Hannon, Senate Print 6483A,

                 an act to amend the Public Health Law, in

                 relation to conforming schedules.



                                                        4720



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 16.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 39.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1208, by Senator Leibell --

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1216, by the Assembly Committee on Rules,

                 Assembly Print Number 11591, an act to amend

                 the Public Officers Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill



                                                        4721



                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1250, by Senator Spano, Senate Print 7188A, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to local regulation.

                            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

                 1270, by Senator Maltese, Senate Print 2936A,

                 an act to amend the Administrative Code of the

                 City of New York, in relation to crediting.

                            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



                                                        4722



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1279, by Senator Golden, Senate Print 4186B,

                 an act to amend the Administrative Code of the

                 City of New York, in relation to loans.

                            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, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1305, by Senator Rath, Senate Print 7000A, an

                 act to amend the Social Services Law, in

                 relation to establishing.

                            ACTING PRESIDENT McGEE:    Read the



                                                        4723



                 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, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1337, by Senator Breslin, Senate Print 5358,

                 an act authorizing Samaritan Shelters, Inc.,

                 in the County of Albany.

                            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



                                                        4724



                 1344, by Senator Kuhl, Senate Print 6473A, an

                 act authorizing the City of Corning to convey

                 certain parklands.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            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, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1358, by Senator Rath, Senate Print 7013C, an

                 act authorizing the Town of Tonawanda, Erie

                 County.

                            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.



                                                        4725



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1402, by Senator Flanagan, Senate Print 6950,

                 an act to amend the Tax Law, in relation to

                 exempting.

                            ACTING PRESIDENT McGEE:    There is

                 a local fiscal impact note at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of a

                 sales tax quarterly period.

                            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

                 1476, by the Assembly Committee on Rules,

                 Assembly Print Number 10902, an act to amend

                 the County Law.

                            ACTING PRESIDENT McGEE:    There is



                                                        4726



                 a local fiscal impact note 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, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1497, by Senator Marcellino, Senate Print

                 7331A, an act to amend Chapter 329 of the Laws

                 of 1994.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        4727



                            THE SECRETARY:    Calendar Number

                 1556, by the Assembly Committee on Rules,

                 Assembly Print Number 10803B, an act to amend

                 the Criminal Procedure Law.

                            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, 40.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1570, by Senator Hannon, Senate Print 595A, an

                 act to amend the Lien Law, in relation to

                 requiring.

                            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



                                                        4728



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 41.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1583, by Senator Johnson, Senate Print 4422A,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to Class D driver's licenses.

                            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.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1607, by Senator Maltese, Senate Print 7459,

                 an act to amend Chapter 535 of the Laws of

                 1945.

                            ACTING PRESIDENT McGEE:    Read the



                                                        4729



                 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.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1632, by Senator Seward, Senate Print 5618D,

                 an act to amend the Insurance Law, in relation

                 to the use of credit information.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 170th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 41.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1690, by Senator Golden, Senate Print 7500, an



                                                        4730



                 act to amend the Retirement and Social

                 Security Law, in relation to providing.

                            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, 41.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1707, by Senator Wright --

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1710, by Senator Libous, Senate Print 7613, an

                 act to amend the Civil Practice Law and Rules

                 and others, amending the Education Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.



                                                        4731



                            THE SECRETARY:    Section 32.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 41.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1711, by Senator --

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1713, by Senator --

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1771, by the Senate Committee on Rules, Senate

                 Print Number 7577, an act to amend the

                 Executive Law.

                            ACTING PRESIDENT McGEE:    Read the



                                                        4732



                 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 --

                            SENATOR KUHL:    1771?  Can you lay

                 that bill aside, please.

                            ACTING PRESIDENT McGEE:    Withdraw

                 the roll call and lay the bill aside.

                            The bill is laid aside.

                            THE SECRETARY:    Calendar Number

                 1781, by Senator Skelos, Senate Print 7598, an

                 act to amend the Criminal Procedure Law.

                            SENATOR SKELOS:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside temporarily.

                            THE SECRETARY:    Calendar Number

                 1783, by Senator --

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.



                                                        4733



                            THE SECRETARY:    Calendar Number

                 1784, by Senator Saland, Senate Print 7602, an

                 act to amend the Education 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

                 1785, by the Senate Committee on Rules, Senate

                 Print --

                            SENATOR BRUNO:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside temporarily.

                            THE SECRETARY:    Calendar Number

                 1786, by Senator Robach, Senate Print 7611, an

                 act to create a task force to study the

                 feasibility.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 9.  This



                                                        4734



                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 41.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar

                 Number --

                            ACTING PRESIDENT McGEE:    Can we

                 please have some quiet so the Secretary can

                 hear any lay-asides.

                            Thank you very much.

                            THE SECRETARY:    Calendar Number

                 1787, by Senator Marcellino, Senate Print

                 7616, an act to amend the Environmental

                 Conservation Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect January 1, 2005.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 41.



                                                        4735



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1788, by the Senate Committee on Rules, Senate

                 Print 76 --

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1789, by Senator Marcellino, Senate Print

                 7620, an act to amend the Environmental

                 Conservation Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect October 1, 2004.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 41.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1790, by Senator Marcellino, Senate Print



                                                        4736



                 7621, an act to amend the Environmental

                 Conservation 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, 41.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1791, by Senator DeFrancisco, Senate Print

                 7624, an act to amend the General Business

                 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, 43.

                            ACTING PRESIDENT McGEE:    The bill



                                                        4737



                 is passed.

                            Senator Bruno, that completes the

                 noncontroversial reading of the calendar.

                            SENATOR BRUNO:    Madam President,

                 can we at this time return to motions and

                 resolutions.

                            And I believe that there is a

                 privileged resolution at the desk by Senator

                 Larkin.  I would ask that it be read in its

                 entirety and move for its immediate adoption.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    By Senator

                 Larkin, Legislative Resolution Number 5767,

                 celebrating the life of Theresa Morahan

                 Simmons and honoring her memory.

                            "WHEREAS, It is the custom of this

                 Legislative Body to mourn the death of

                 cherished citizens of the State of New York;

                 today, we mourn the loss of Theresa Morahan

                 Simmons, who distinguished herself not only in

                 her profession, but as a caring, compassionate

                 woman as well, a woman regarded by all she

                 knew as a very special person; and

                            "WHEREAS, With deep regret, this



                                                        4738



                 Legislative Body records the passing of

                 Theresa Morahan Simmons on May 27, 2004, at

                 age 28, noting the loss, with heartfelt

                 sympathy, of a devoted wife, daughter, sister,

                 aunt and niece, and a deeply dedicated

                 teacher; and

                            "WHEREAS, Theresa Morahan Simmons

                 of Highland Mills and formerly of New City,

                 was born in Suffern, New York, on September 1,

                 1975, the youngest daughter of State Senator

                 Thomas P. Morahan and his wife, Helen.  The

                 seventh daughter, she joined the family when

                 her six sisters ranged in age from 11 to 21

                 and became the light of their lives, her

                 father's joy and her mother's best friend; and

                            "WHEREAS, Theresa Morahan Simmons,

                 the beloved wife of Steven Simmons, is a 1993

                 graduate of Clarkstown South High School.  She

                 earned a Bachelor of Science degree from the

                 State University of New York College at

                 Oneonta, where she met her husband, and a

                 Master of Science degree from the Rockland

                 Teachers' Center Institute of the New York

                 Institute of Technology; and

                            "WHEREAS, As a first-grade teacher,



                                                        4739



                 Theresa Morahan Simmons was devoted to and

                 loved by her students and the faculty at

                 Richard P. Connor Elementary School in

                 Suffern, where she taught for seven years; and

                            "WHEREAS, Theresa Morahan Simmons

                 was known at the school for her dedication,

                 creativity and compassion for the the students

                 she taught, as well as for her leadership and

                 advocacy in the Ramapo Teachers Association;

                 and

                            "WHEREAS, She was always kind and

                 gentle with her students, helping them to

                 never be fearful of trying something new or

                 making a mistake.  She planned interesting

                 things for them, including a trip to a teddy

                 bear hospital, and invited her whole class to

                 come to the church for wedding in June 2001,

                 not quite three years ago; and

                            "WHEREAS, Theresa Morahan Simmons

                 had a special bond with the students she

                 taught and enjoyed producing monthly

                 performances with her children, including a

                 fairy tale show, the Pilgrims' story at

                 Thanksgiving, and her favorite, a Mother's Day

                 show, during which the first-graders sang



                                                        4740



                 songs and each student, and Theresa, gave

                 their mother a flower under the arbor; and

                            "WHEREAS, Theresa Morahan Simmons

                 shared her life and vitality with all those

                 she met.  She loved to laugh and to make

                 others laugh.  Her husband, Steven Simmons,

                 and teaching were her loves, equal only to her

                 family.  She was a very special person and

                 leaves a legacy of inspiration, love and

                 laughter to all those whose lives she touched;

                 and

                            "WHEREAS, Theresa Morahan Simmons

                 is survived by her loving husband, Steven

                 Simmons; her parents, Thomas and Helen Morahan

                 of New City; six sisters and their husbands

                 with whom she was also a favorite, Margaret

                 and James Casola, Helen and William Travers,

                 Maureen and Joseph Pehush, Joan and Joseph

                 Silvestri, Nancy and Michael Shine, and Eileen

                 and Charles Barker; her mother and

                 father-in-law, Thomas and Sandra Simmons;

                 brothers-in-law Mark and Ryan Simmons; and her

                 godfather, Andrew Scarpulla; and

                            "WHEREAS, She is also survived by

                 several nieces and nephews who would come to



                                                        4741



                 her for advice, for stories, or to play:

                 Samantha, Matthew and Allison Scarpulla;

                 Lauren, Emily and Brittany Casola; Katie and

                 Kerri Travers; Ryan and Kristin Pehush;

                 Joseph, Casey and Amanda Silvestri; Kelly,

                 Michael and the late Mary Margaret Shine; and

                 Thomas and Christopher Barker; and

                            "WHEREAS, Theresa Morahan Simmons'

                 life was a portrait of love, commitment and

                 compassion.  She truly made a difference in

                 this world that will long be remembered by

                 those she cherished and her spirit will endure

                 as an inspiration to all who had the honor and

                 privilege of knowing her; now, therefore, be

                 it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to pay tribute

                 to the memory of Theresa Morahan Simmons, to

                 celebrate her life, and to honor her loving

                 accomplishments; and be it further

                            "RESOLVED, That copies of this

                 resolution, suitably engrossed, be transmitted

                 to Theresa Morahan Simmons' husband, Steven

                 Simmons, and to her parents, the Honorable

                 Thomas P. and Helen Morahan, with the deepest



                                                        4742



                 condolences of this Legislative Body."

                            ACTING PRESIDENT McGEE:    Senator

                 Bruno.

                            SENATOR BRUNO:    Thank you, Madam

                 President, colleagues, Senator Morahan, Helen,

                 all the sisters of Theresa that are here,

                 Steve, Theresa's husband, faculty members,

                 students, grandchildren -- 17 of them here.

                 Helen and Tom can be very, very proud that

                 they have a very beautiful family.

                            And today, Madam President, is the

                 closing day, formally, of the Senate, and

                 we're pausing in our deliberations on this

                 very, very important day to honor the memory

                 of a loved one of a Senate family member.

                            And Senator Larkin represents Steve

                 and has represented Theresa and is the sponsor

                 of this resolution, and he will have some

                 words that will follow mine as a

                 representative here of our Majority.  And I

                 know Senator Dave Paterson will have remarks,

                 as he represents the Minority here in this

                 chamber.  And then we'll hear from Senator

                 Morahan, Theresa's dad.

                            It's hard to express in words.  We



                                                        4743



                 heard the resolution which described a young

                 life, 28 years on this earth, the youngest of

                 seven ladies, six of them here.  And Theresa

                 was taken suddenly, tragically, just

                 unexpectedly.  And it's hard to comprehend the

                 trauma and the hurt of the family.  Words

                 don't create comfort, not for Tom, not for

                 Helen, not for her siblings, not for anyone

                 that knew Theresa.

                            But you have to take comfort in her

                 28 years, in that, as we heard, teacher,

                 highly respected by the young lives -- think

                 about the hundreds, thousands of young lives

                 that she touched where she was able to provide

                 an inspiration; the faculty members that were

                 her friends, that carry on her good work; her

                 sisters; her mom; her husband, Steve; Tom --

                 Tom, you can only just remember how proud

                 Theresa was that you're her dad, leader in the

                 Legislature, leader in your community, leader

                 in the Senate, how proud she was of you, her

                 mom, her family, her husband, all of the good

                 things that she did.

                            So while you mourn -- and you can't

                 help but mourn such a tragic loss, such a



                                                        4744



                 young, vivacious, dynamic life -- life goes

                 on, and Theresa has left a legacy.  She has a

                 legacy that goes on.

                            And when you think about all of

                 those happy moments growing up, and you think

                 about all of the good things that will be

                 represented by the people who go on with their

                 lives whose lives she touched, with her

                 parents, sisters, young people whose lives she

                 touched, her friends -- she'll live on.  Her

                 spirit lives on.  She lives on as an

                 inspiration.  And that's something that you'll

                 always remember, always, that she made a

                 contribution.

                            And I believe at the service

                 something was said that life is not -- and I

                 translate very loosely -- measured by the

                 numbers of breaths that we take but by the

                 moments that take your breath away.

                            Theresa had a lot of moments that

                 were inspirational, that made a difference in

                 people's lives.  And those are the times that

                 I know you and Helen and the family and

                 friends and students will always remember.

                            So we express our condolences to



                                                        4745



                 you, and we honor Theresa's memory here today.

                            ACTING PRESIDENT McGEE:    Senator

                 Larkin.

                            SENATOR LARKIN:    Thank you, Madam

                 President.

                            Tom, Helen, Theresa's sisters,

                 Steve, the young ones -- the young ones are

                 here to look and say, this was a special,

                 special person.  This was a person that they

                 looked to.  This was a person that energized

                 them.

                            When I first heard about Theresa's

                 passing, I was in Highland Mills and I talked

                 to neighbors and they said:  It can't be, it's

                 impossible.

                            She was someone that people went

                 to.  Whether it was the community, whether it

                 was seniors and the youngsters, they wanted to

                 grab her time, because they knew she possessed

                 that special quality.

                            Last week a friend of Tom's and

                 mine said to me, "You know what?  I've been

                 reading the obituaries lately, Lark, and

                 they've been taking men, men, men.  I guess

                 the good Lord looked around and said, I need a



                                                        4746



                 peacemaker, I need someone loving, caring,

                 someone who can extend themselves beyond the

                 normal arguments of the day, and I need

                 Theresa."

                            We weren't ready.  Nobody was when

                 that moment came.  But as the Majority Leader

                 said, when you talk about the moments and the

                 breaths that she had here, you could never

                 deny that she didn't make a positive image on

                 everybody she met.  Very clearly, we had a

                 28-year-old angel in our midst and was gone

                 within a short breadth of time.  We had

                 somebody who related to everybody and wanted

                 to be a partner with them.

                            One of the teachers that lives in

                 Cornwall, where I do, and taught with her said

                 when she used to take the young children and

                 talk about special dates like Thanksgiving and

                 Mother's Day, when she would get the flowers

                 out, she really made an impression.  That's an

                 impression that those children will carry

                 forever.

                            But just think, Tom and Helen, you

                 were the block of granite that raised seven

                 beautiful children.  Unfortunately, one has



                                                        4747



                 gone ahead.  But that one will be looking at

                 us and you every day, asking you "don't forget

                 me."

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    I can't

                 remember feeling greater anxiety or

                 restlessness speaking on this floor than I do

                 right now.  And I was told once that when

                 you're actually feeling that way, the best

                 thing to do is to share it with the audience

                 and maybe they will understand.

                            The only thing I can think of as

                 I'm sitting here is the fact that when I was

                 11 years old, I was told by my parents that my

                 brother had been in a car accident and was in

                 a coma and was not expected to live.

                 Strangely enough, he did live.  And years

                 later, a policeman was given an award for

                 crossing the county line to save his life.

                            And about twenty years later, I was

                 talking about the incident with the rest of

                 the family; no one could remember the

                 policeman's name, no one could remember the

                 year that the incident occurred, nobody could



                                                        4748



                 remember the day of the week that the incident

                 occurred.  I think I did because I thought

                 that my brother had already passed on and that

                 no one wanted to tell me yet.

                            You can forget things when they're

                 near-tragedies, but we're amidst a family

                 today who will never forget the day, the year,

                 the time.  And so to the Morahan family, the

                 family of Theresa Morahan Simmons, to our

                 beloved colleague Senator Tom Morahan, all of

                 us very much feel the restlessness, the pain,

                 the anxiety, the hurt that all of you feel.

                            And the interesting thing is that I

                 never met Theresa Morahan Simmons.  I know her

                 father, and that's the best I can know her,

                 through him.  He has always been a very kind

                 man.  I have an interesting connection with

                 him.  He once worked for my father, who was

                 Secretary of State of New York when the

                 Senator worked there some years ago.

                            When he came here, he always been,

                 although he came here 13 years after me, kind

                 of an inspiration to me, fighting through his

                 own struggles and his own health crises, and

                 has given me some very good advice on many



                                                        4749



                 occasions.

                            And so all I can think of is that

                 famous poem by John Donne, "Death Be Not

                 Proud."  This is a day that although we try to

                 understand what went on, we really can't.  We

                 give in to our heartfelt feelings and

                 emotions.  We can't really explain to

                 ourselves why such a young, wonderful and

                 dynamic person is taken away from us, why a

                 tremendous first-grade teacher's students have

                 to sit here trying to understand why they miss

                 their teacher, who is up in heaven.

                            We try to rationalize life and

                 really can't.  And maybe that's a lesson that

                 life is teaching us, that it really isn't in

                 our purview to know that at this time, that

                 maybe someday we'll understand and maybe

                 someday those who love Theresa so much will be

                 reunited with her and those of us who never

                 met her will get the true spirit of her

                 meaning that we see reflected in her family

                 here today.

                            We take that message with us as we

                 try to go through the rest of the events of

                 today, which seem meaningless and almost inane



                                                        4750



                 after losing so tragically a life that we did.

                 But we go forward in that hope, in many ways,

                 that hope will triumph over this experience,

                 that our dreams will mean more than the

                 reality of this terrible situation, and that

                 our love will be stronger than death.

                            It's in that hope that we remember

                 the terrible attack on our country in 2001 and

                 all the people who lost their lives then, many

                 of them running into a building as it was

                 falling down.  And we wonder why they did it.

                            And it makes me think of an essay

                 written in the 17th century by the great

                 Christian writer Abelard, who said that at

                 times of human crisis we all recognize the

                 oneness of our spirit, how we all really are a

                 family.

                            And in the Christian religion,

                 we're taught to love our neighbors as we would

                 love ourselves.  And yet at those moments that

                 are so tragic and so painful that it's beyond

                 description, we recognize that we're really

                 just one family, that we are here today in

                 heartfelt, mournful, lugubrious feeling over

                 someone that many of us never met.  But



                                                        4751



                 through the people that we see here today,

                 through the people like Senator Morahan we do

                 know, we feel the experience as if it happened

                 to us or a member of our families.

                            And so perhaps we'll take that

                 Christian revelation written by Abelard in the

                 17th century and give it new meaning in a new

                 millennium as we mourn Theresa and know that

                 we should love our neighbors because they are

                 ourselves.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Thank you,

                 Madam President.

                            I rise on behalf of Steven,

                 Theresa's husband; Helen, her mother; her

                 sisters and her nieces and nephews who are

                 here; members of the faculty from the school;

                 her mother-in-law and father-in-law, Tom and

                 Sandy Simmons, to say thank you for taking

                 these few moments to help us grieve in a

                 special way, in a special place.

                            I merely want to thank Senator

                 Bruno for your very compassionate and kind



                                                        4752



                 words; and to Senator Larkin, for introducing

                 this resolution on behalf of Theresa, his

                 constituent; and to Senator Paterson, on

                 behalf of the Minority, for your very

                 insightful and compassionate words.  And they

                 will be memorable.

                            This -- you know, Theresa was a

                 very special child, but she wasn't perfect.

                 In fact, it was just a little while ago she

                 played hooky from school to come up here and

                 be photographed up there with her dad.  And

                 she said, "Dad, you can't show that photograph

                 to anybody."  And I said, "I won't, Theresa.

                 It will be our little secret."

                            But she was proud of me, proud of

                 her sisters . . .

                            Thank you very much.

                            ACTING PRESIDENT McGEE:    The

                 question is on the resolution.  All in favor

                 will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The



                                                        4753



                 resolution is adopted.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 we're going to add everyone's name to that

                 resolution that is here in the Senate.  And

                 thank you.

                            ACTING PRESIDENT McGEE:

                 Everybody's name will be added to the

                 resolution.

                            SENATOR BRUNO:    Can we at this

                 time stand at ease for a few moments.

                            ACTING PRESIDENT McGEE:    The

                 Senate will stand at ease for a few moments.

                            SENATOR BRUNO:    Just a few

                 moments.

                            (Whereupon, the Senate stood at

                 ease at 10:47 a.m.)

                            (Whereupon, the Senate reconvened

                 at 10:55 a.m.)

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Madam President,

                 there will be an immediate meeting of the

                 Judiciary Committee in the Majority Conference

                 Room.



                                                        4754



                            ACTING PRESIDENT McGEE:

                 Immediate meeting of the Judiciary Committee

                 in the Majority Conference Room.

                            Senator Skelos.

                            SENATOR SKELOS:    Thank you, Madam

                 President.

                            If we could return to motions and

                 resolutions, I believe are some motions on the

                 floor to be made at this time.

                            ACTING PRESIDENT McGEE:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Yes, Madam

                 President, thank you.

                            On behalf of Senator Little, on

                 page number 16 I offer the following

                 amendments to Calendar Number 568, Senate

                 Print Number 5533A, and ask that said bill

                 retain its place on Third Reading Calendar.

                            ACTING PRESIDENT McGEE:    The

                 amendments are received and adopted, and the

                 bill will retain its place on Third Reading

                 Calendar.

                            SENATOR FUSCHILLO:    Madam

                 President, on behalf of Senator Kuhl, I wish

                 to call up Senate Print Number 7421, recalled



                                                        4755



                 from the Assembly, which is now at the desk.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1559, by Senator Kuhl, Senate Print 7421, an

                 act to amend the Vehicle and Traffic Law.

                            ACTING PRESIDENT McGEE:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    I now move to

                 reconsider the vote by which the bill was

                 passed.

                            ACTING PRESIDENT McGEE:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            SENATOR FUSCHILLO:    I now offer

                 the following amendments.

                            ACTING PRESIDENT McGEE:    The

                 amendments are received.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, on behalf of Senator Kuhl, I wish

                 to call up Senate Print Number 6329, recalled

                 from the Assembly, which is now at the desk.

                            ACTING PRESIDENT McGEE:    The



                                                        4756



                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1043, by Senator Kuhl, Senate Print 6329, an

                 act to amend the Town Law.

                            SENATOR FUSCHILLO:    I now move to

                 reconsider the vote by which the bill was

                 passed.

                            ACTING PRESIDENT McGEE:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            SENATOR FUSCHILLO:    I now offer

                 the following amendments.

                            ACTING PRESIDENT McGEE:    The

                 amendments are received.

                            Thank you, Senator Fuschillo.

                            SENATOR FUSCHILLO:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could go back to the controversial

                 reading of the calendar.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number



                                                        4757



                 1029, by Senator Rath, Senate Print 6713, an

                 act to amend the Family Court Act and the

                 Social Services Law.

                            SENATOR HASSELL-THOMPSON:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Rath, an explanation has been requested by

                 Senator Hassell-Thompson.

                            SENATOR RATH:    Thank you, Madam

                 President.

                            This bill was introduced at the

                 request of the Office of Children and Family

                 Services.  And what the bill basically does is

                 clarify time frames for filing an Article 10

                 petition where a child has been removed from

                 the home temporarily.

                            And it mandates that a hearing be

                 held within five court days of the removal,

                 for court review of the necessity of removal,

                 in every instance, not just when requested by

                 the parents.  So that if a child is removed, a

                 hearing has to happen almost immediately.

                            And it also amends the law to

                 preclude a court finding that reasonable

                 efforts were not made where a social service



                                                        4758



                 district uses both the planning, concurrent

                 planning in its service provisions to a child

                 and his or her family, with looking for the

                 solution.  If two solutions are going along

                 together, it does not say that that's

                 inappropriate; in other words, a permanent

                 placement or return to their home.

                            So the bill is an effort by

                 New York State to come into compliance with

                 Title 4 requirements of timely resolution of a

                 permanency proceeding.

                            And this was part of a larger bill

                 we had with the Assembly, and the bill was not

                 going through as a larger bill, so both they

                 and we have been splitting it into smaller

                 bills to get some of the important parts

                 through.  And this was important, that a child

                 is not in limbo for any length of time, but

                 the hearing happens immediately and the

                 planning happens immediately.

                            THE PRESIDENT:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Yes,

                 through you, Madam President, I would ask if

                 Senator Rath would entertain a couple of



                                                        4759



                 questions.

                            Senator, let me preface what I'm

                 going to say by saying that I certainly am in

                 support of the bill as I understand it.  And

                 the difficulty sometimes is when we don't have

                 time to really review, there are some

                 lingering questions.

                            SENATOR RATH:    Sure.

                            SENATOR HASSELL-THOMPSON:    So

                 that's just the nature of what I wanted to

                 ask.

                            One of which is certainly we want

                 these determinations to be made expeditiously.

                 But is there any provision in the bill that

                 ensures that the -- that parents will in fact

                 receive any form of legal assistance in

                 helping to make the determination?

                            SENATOR RATH:    Okay, let me

                 double-check with counsel.

                            It's not mandated that they be

                 given assistance.  But if they're eligible,

                 yes, they will be able to get assistance.

                 It's not mandated.

                            SENATOR HASSELL-THOMPSON:    Okay.

                 And that's basically the only question.  Let



                                                        4760



                 me just make a couple of comments on the bill.

                            Madam President, on the bill.

                            THE PRESIDENT:    You may proceed

                 on the bill.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you.

                            Just -- the only concern that I

                 have is that in an attempt to be expeditious,

                 sometimes it does not allow parents to be able

                 to seek and find appropriate legal services to

                 help them with these kinds of cases.  And

                 that's the only nature of the concern.

                            It is beneficial on behalf of the

                 child, and I think that that continues to have

                 to be the overwhelming reason that we use --

                 in order to do this as quickly as possible.

                 One of the worst things that happens to

                 children is to be removed from the home.  And

                 so if we speed up that process, at least some

                 determination can in fact be made in such a

                 manner that it has the least trauma.

                            I just want to be sure, however,

                 that parents are still being given an

                 appropriate amount of time to prepare, in the

                 event that separation becomes the ultimate



                                                        4761



                 determination in these cases.  And that was my

                 only concern.

                            Thank you, Madam President.

                            THE PRESIDENT:    Does any other

                 member wish to be heard on this bill?

                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 11.  This

                 act shall take effect on the 60th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 would you please call up Calendar Number 1771.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 1771, by the Senate Committee on Rules, Senate

                 Print Number 7577, an act to amend the

                 Executive Law.

                            THE PRESIDENT:    Read the last

                 section.



                                                        4762



                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Senator Kuhl.

                            SENATOR KUHL:    Yes, Madam

                 President to explain my vote.

                            THE PRESIDENT:    Call the roll

                 first, please.

                            (The Secretary called the roll.)

                            THE PRESIDENT:    Senator Kuhl, to

                 explain your vote.

                            SENATOR KUHL:    The proposal

                 before us calls for an extension of existing

                 law.  And while I understand that it's a

                 tremendous balancing act as to when certain

                 types of things take effect, I just want to

                 state for the record that I have received

                 communications from every municipality in my

                 Senate district -- the City of Hornell, the

                 City of Corning, and others -- in which the

                 executives of those communities are voicing

                 strong opposition to the adoption of this

                 legislation.

                            So based on their particular input,

                 I feel it necessary to honor their request and

                 oppose this legislation.  So I am going to be



                                                        4763



                 voting no.  Please record me in the negative.

                            THE PRESIDENT:    You will be so

                 recorded as voting in the negative on this

                 bill.

                            The Secretary will announce the

                 results.

                            Senator Hannon, to explain your

                 vote first.

                            SENATOR HANNON:    Yes, Madam

                 President.

                            I would just say that

                 municipalities now have options to do what's

                 contained in this legislation.  For us to

                 mandate this upon them I believe is not the

                 proper course, and therefore I feel

                 constrained to vote in the negative on this

                 bill.

                            Thank you.

                            THE PRESIDENT:    Senator Rath, to

                 explain your vote.

                            SENATOR RATH:    Thank you, Madam

                 President, to explain my vote.

                            I too will be recorded in the

                 negative on this vote.  And I note in other

                 parts of our calendars we're doing what we can



                                                        4764



                 to help historic preservation, and we're

                 adding dollars and incentives -- not only we,

                 but local governments.

                            And when it comes to smaller

                 projects and preservation projects, the

                 mandates that this bill puts on make it very

                 difficult for small projects to happen,

                 whether they be individual homes or whether

                 they be, say, a grouping of small row houses

                 that were held by one person.

                            There needs to be a flexibility

                 there for the type of material that is used,

                 and I think that the flexibility is important.

                 And so I too will be in the negative.

                            THE PRESIDENT:    Both Senator

                 Hannon and Senator Rath will be recorded as

                 voting in the negative on this bill.

                            Would the negatives please raise

                 their hands.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1771 are

                 Senators Balboni, Fuschillo, Hannon, Kuhl,

                 Little, Marcellino, Meier, and Rath.  Also

                 Senator Skelos.  Ayes, 41.  Nays, 9.

                            THE PRESIDENT:    The bill is



                                                        4765



                 passed.

                            THE SECRETARY:    Calendar Number

                 1208, by Senator Leibell, Senate Print 2359A,

                 an act to amend the Real Property Tax Law.

                            SENATOR HASSELL-THOMPSON:

                 Explanation, please.

                            THE PRESIDENT:    Senator Leibell,

                 an explanation has been requested.

                            SENATOR LEIBELL:    Thank you,

                 Madam President.

                            This bill amends Section 532 of the

                 Real Property Tax Law to subject all state

                 lands in Putnam County to local real property

                 taxation exclusive of improvements erected

                 thereon, in the same manner as is currently

                 done in Rockland County.

                            During the last several years, the

                 state has acquired large numbers of acreage in

                 this county for environmental protection,

                 parks, watershed protection.  Currently, each

                 year, there has been in the Executive budget

                 an allotment that has been put in to

                 compensate the County of Putnam.

                            This legislation attempts to

                 permanentize this PILOT into law in the same



                                                        4766



                 manner as lands in neighboring Rockland County

                 are adjusted for state taxation purposes.

                            THE PRESIDENT:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Yes,

                 Madam President.

                            Thank you, Senator Leibell, for the

                 explanation.

                            I just wanted to speak for my

                 colleagues who also have extensive amounts of

                 state parkland in their districts.  And I

                 remember an extensive discussion in Local

                 Government with Senator Bonacic on the amount

                 of state parkland that's in his district as

                 well.  Even though he's not in my district, I

                 still speak for all of my colleagues

                 sometimes.

                            My only question is why only

                 Putnam.  I think that the implications of this

                 bill could benefit more than just Putnam

                 County, and that was what I'd like to just put

                 on the record.

                            Thank you.

                            THE PRESIDENT:    Does any other

                 member wish to be heard on this bill?



                                                        4767



                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect January 1, 2007.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1216, by the Assembly Committee on Rules,

                 Assembly Print Number --

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            THE PRESIDENT:    First, Senator

                 Duane wanted to be heard for a while now.

                            SENATOR DUANE:    Thank you, Madam

                 President.  If I may have unanimous consent to

                 be recorded in the negative on Calendar

                 Numbers 289 and 1011.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative on those bills.

                            Senator Johnson, an explanation has

                 been requested.



                                                        4768



                            SENATOR JOHNSON:    Madam

                 President, this bill would permit a former

                 employee of a state agency to return on a

                 limited basis, contract basis, to render

                 services to this agency which they only are

                 capable of performing or performing at a

                 comparable cost or saving to the state.

                            And the agencies need these people,

                 and this bill has been drawn very tightly to

                 say the Ethics Commission has to approve this

                 rehire and the Comptroller has to approve this

                 before it's done.  Just to help the agencies

                 to make use of the expertise which exists in

                 former employees, and on a limited basis for a

                 limited time.

                            THE PRESIDENT:    Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  If the sponsor would please

                 yield.

                            SENATOR JOHNSON:    Yes, Madam

                 President.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Through you, Madam President.

                            THE PRESIDENT:    You may proceed.

                            SENATOR LIZ KRUEGER:    Is there an



                                                        4769



                 estimate of how many individuals or agencies

                 would be involved in this type of exemption,

                 how large a population of workers who had once

                 worked recently for the State of New York

                 would be participating in this new model?

                            SENATOR JOHNSON:    Well, I don't

                 know if I have a number, but I can tell you

                 the Department of Social Services, the

                 Department of Environmental Conservation, the

                 Power Authority, the Office of Real Property

                 all have been stymied in the past by an

                 inability to bring back someone who is

                 familiar with the topic for a certain period

                 of time.

                            As you know, right now the Attorney

                 General can bring back a lawyer who worked on

                 a certain case and put him back on it because

                 he's already familiar with it and he can do a

                 much more effective job for that office.

                            So, yes, in certain limited cases

                 the lack of this expertise has created

                 problems for agencies.  We want to eliminate

                 that problem by bringing back people who can

                 handle it on -- as I said, for a limited time

                 for a certain purpose, mostly.



                                                        4770



                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor would

                 continue to yield.

                            THE PRESIDENT:    Senator Johnson,

                 do you continue to yield?

                            SENATOR JOHNSON:    Yes, Madam

                 President.

                            THE PRESIDENT:    You may proceed,

                 Senator Krueger, with a question.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.

                            Is there a timeline on this -- in

                 this bill so if I were to get this exemption

                 it would be forever or for a specific project,

                 a specific, explicit project with a timeline

                 attached to that, or open-ended?

                            SENATOR JOHNSON:    Madam President

                 and Senator Krueger, the Ethics Commission is

                 very zealous in pursuing violations of the

                 so-called revolving-door regulation.  They are

                 only going to permit this -- and they are the

                 ones who have to sign off on this and approve

                 this, ultimately -- they are only going to

                 permit it when a case is made very strongly

                 that this is the most efficacious and



                                                        4771



                 effective and perhaps economic way to resolve

                 their shortage of personnel for that certain

                 period or certain occasion.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor would

                 continue to yield.

                            THE PRESIDENT:    Senator Johnson,

                 do you continue to yield for a question?

                            SENATOR JOHNSON:    Yes, Madam

                 President.

                            THE PRESIDENT:    You may proceed,

                 Senator, with a question.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.

                            Could an ex-employee of the State

                 of New York have a job or a consulting job

                 with a company who may or may not do business

                 or be hoping to do business with the State of

                 New York but also, at the same time, through

                 this law, be allowed to come in to consult for

                 a state agency?  Would this exclude that

                 possibility in your law?

                            SENATOR JOHNSON:    I would say

                 that that would have to be revealed.  They

                 would know who he is, where he's working or



                                                        4772



                 whether he's retired or whatever.  And that

                 would all be reviewed prior to engaging this

                 person.

                            So I think if you don't want to

                 credit the Ethics Commission with any ethics,

                 then I think it could happen.  But I think

                 they've got their share of ethics, as everyone

                 else.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Madam President, briefly on the

                 bill.

                            THE PRESIDENT:    You may proceed

                 on the bill, Senator.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I'm very hesitant to change a law

                 that I think is working.  The Ethics in

                 Government Act of 1987 was enacted very

                 specifically for the purpose of limiting

                 opportunities for abuse by state officials and

                 employees, and to restore the public's trust

                 and faith in government at a time when it was

                 made clear that some in government were

                 violating the public's trust.

                            I don't think that the year 2004 is

                 an ideal year for the State of New York to go



                                                        4773



                 back on its commitment, particularly given

                 some of the stories and scandals we're

                 familiar with right now in the news.

                            There's good public policy in

                 ensuring that there is not a revolving-door

                 system in place in New York State, that there

                 is a strict set of rules in our Ethics

                 Commission and in our ethics laws to ensure

                 that we don't open up the risk of people being

                 involved in corruption.  Which in fact was the

                 history, unfortunately, in this state prior to

                 the Ethics in Government Act in 1987.

                            My concern specifically with this

                 bill is it's way too broad.  It doesn't put

                 specific time limits for ex-employees to be

                 able to become consultants to state agencies.

                 It doesn't put explicit rules around for what

                 purposes, at what time, with what agencies.

                 It doesn't say explicitly you can't have one

                 consulting job with a particular company or

                 corporation or lobbying organization but then

                 have a second job as a consultant to the State

                 of New York, perhaps with the agency you

                 recently were employed with.

                            It is too broad and expansive.  And



                                                        4774



                 I find it troubling that we would actually

                 attempt to have this open-ended,

                 non-time-limited opportunity to revisit the

                 risks of revolving-door provisions.

                            I understand the problems of

                 agencies occasionally needing to find a

                 consultant who previously worked for their

                 agency where there may be no one else with the

                 expertise available.  But to be honest, I

                 think it serves the public interest best to

                 make it a little tougher for agencies, to

                 reach further to find the next person in line

                 with the expertise rather than open themselves

                 to the potential conflict of interest of

                 rehiring, on a consultant basis, someone who

                 so recently left government to go to work for

                 the private sector.

                            I find it not too realistic to

                 believe that there are that many situations in

                 the State of New York where there's only one

                 possible person out there who could be hired

                 on a consultant basis for a state agency to

                 get something done or to provide us the

                 information we need.  We all like to imagine

                 that we are unique and invaluable and not



                                                        4775



                 replaceable, but I believe that in real life

                 that is rarely true.

                            And even though I do appreciate

                 that Senator Johnson's effort here is to make

                 it easier for some commissioners in various

                 state agencies to get the information they

                 need in the private sector, I think that the

                 dangers and the risks are greater than the

                 reward if we go down this road.

                            So I will vote against this bill,

                 and I urge my colleagues to consider voting

                 against this bill also.

                            Thank you, Madam President.

                            THE PRESIDENT:    Does any other

                 member wish to be heard on this bill?

                            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:    Those recorded in

                 the negative on Calendar Number 1216 are

                 Senators Duane, Hassell-Thompson, L. Krueger,

                 Onorato, Paterson, Sabini, and Stavisky.



                                                        4776



                 Ayes, 46.  Nays, 7.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1684, by Senator Maziarz, Senate Print 7367A,

                 an act to amend the Parks, Recreation and

                 Historic Preservation Law.

                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 is there a message of necessity at the desk?

                            THE PRESIDENT:    Yes, there is,

                 Senator.

                            SENATOR SKELOS:    Move to accept

                 the message.

                            THE PRESIDENT:    All those in

                 favor of accepting the message of necessity

                 please signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The message of

                 necessity is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 180th day.



                                                        4777



                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1707, by Senator Wright --

                            SENATOR HASSELL-THOMPSON:

                 Explanation.

                            THE PRESIDENT:    Senator Wright,

                 an explanation has been requested.

                            SENATOR WRIGHT:    Thank you, Madam

                 President.

                            The bill before us authorizes the

                 New York State Power Authority to provide

                 low-cost energy and energy efficiency services

                 to military installations across New York

                 State.

                            This is the same bill we debated a

                 week ago, with two modifications.  One, this

                 version specifically identifies the various

                 military installations throughout the state

                 that would be eligible, and, secondly,

                 specifically limits the use of this low-cost

                 energy to United States Department of Defense



                                                        4778



                 activities, as to be distinguished from

                 housing installations at those same

                 facilities.

                            Those were the amendments

                 negotiated with the Assembly.

                            THE PRESIDENT:    Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  If the sponsor would yield,

                 please.

                            THE PRESIDENT:    Senator Wright,

                 will you yield for a question?

                            SENATOR WRIGHT:    I'd be glad to

                 yield.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR LIZ KRUEGER:    Thank you.

                            You answered some of the questions

                 in your presentation of why this bill is

                 different than the one we discussed a week

                 ago.

                            Since we now know the details of

                 what bases and the nature of the energy,

                 reduced-price energy on those bases, do we

                 have an estimate of the cost to the Power

                 Authority of providing this specific



                                                        4779



                 discounted electricity for Defense Department

                 purposes at these 11 bases?

                            SENATOR WRIGHT:    Thank you, Madam

                 President, through you.

                            No, we do not know the cost.  As we

                 articulated last week in debating this same

                 bill, that is dependent upon the utilization,

                 dependent upon the cost of the energy

                 purchased at the particular time that it is

                 purchased, none of which is available to us

                 today.

                            What we do have is identification

                 of the bases only.  Not their utilization, not

                 the demand or any of the cost relative to

                 that, because there has been no granting of

                 low-cost energy at this point in time, merely

                 an authorization to the Power Authority to do

                 so.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  Briefly on the bill.

                            THE PRESIDENT:    You may proceed

                 on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Thank you, Senator Wright, for your

                 explanation.



                                                        4780



                            I still find myself needing to vote

                 no on this bill, as I voted no on the previous

                 version of this bill a week ago.

                            We don't know how much this will

                 cost the ratepayers of New York State.  We do

                 know it will cost the ratepayers, because if

                 the New York State Power Authority is giving a

                 discount to the Defense Department, they have

                 to pick up that cost somewhere else.

                            And in fact, in a final analysis,

                 if we knew the numbers, one might be able to

                 make the argument that the economic

                 development or job retention argument was a

                 valid one.

                            But in the absence of the details,

                 we find ourselves voting for a bill, if we

                 choose to, that we know will potentially

                 increase the rates paid by the other consumers

                 of New York State so that the Department of

                 Defense can have a reduction in their energy

                 bills.  And as I said a week ago and I think

                 is just as true today, the fact of the matter

                 is that the federal government continues to

                 offer short shrift to the State of New York

                 when it comes to fair funding.



                                                        4781



                            I suppose ironically, in

                 relationship to defense, we still find

                 ourselves in a fight over the fact that

                 homeland security and antiterrorism funds are

                 being distributed in a way that if we lived in

                 Wyoming, I believe we would receive $45 per

                 person from the federal government, while if

                 we live in New York City or the rest of the

                 state of New York, we receive from the federal

                 government peanuts for our own homeland

                 security.

                            So with all due respect to the

                 Department of Defense and the important role

                 they play for our country's security and for

                 our state's security, I don't know that the

                 ratepayers of New York should be asked to pick

                 up the tab for the Department of Defense to

                 save some additional dollars when New York

                 State is already subsidizing the federal

                 government at a much higher level than most

                 other states, including when it comes to

                 national security and homeland security.

                            I'll continue to vote no on this

                 bill.  Thank you, Madam President.

                            THE PRESIDENT:    Does any other



                                                        4782



                 member wish to be heard on this bill?

                            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, 52.  Nays,

                 2.  Senators Duane and L. Krueger recorded in

                 the negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1711, by Senator Hannon, Senate --

                            SENATOR HASSELL-THOMPSON:

                 Explanation.

                            THE PRESIDENT:    Senator Hannon,

                 an explanation has been requested.

                            SENATOR HANNON:    Thank you, Madam

                 President.

                            This legislation implements many of

                 the recommendations of the Senate Task Force

                 on Medicaid Reform.  I'll address the

                 specifics of the report and the bill in a

                 second.  But I think it was more important to



                                                        4783



                 note that this implements some fundamental

                 changes in the direction of the program, and

                 it reflects, I think, some success that we had

                 here in the Senate -- and I say here in the

                 Senate collectively, because it was a task

                 force that embraced both the Majority and the

                 Minority.

                            And the success was the fact that

                 as we went around the state during 2003 and

                 2004, we engaged with the health-care

                 providers, the health-care community, the

                 health-care recipients of this state in

                 something that turned out to be far broader

                 than Medicaid, it turned out to be a question

                 of discussing where the health-care system in

                 the state is going, what philosophies should

                 be involved in that progress.

                            And we were so successful that we

                 then engaged, I believe, the Governor of this

                 state, who has formed his own task force.

                            And the one failure we had is we

                 were not able to engage the Assembly, which

                 has been notably silent in regard to changes

                 in regard to trying to bring the state-funded

                 government programs into harmony with the



                                                        4784



                 modern trends of health care in this nation.

                            This bill represents, really,

                 agreement with the Governor on the provisions

                 in here as to the directions we will be

                 taking.  And as such, I think it is an

                 important step.

                            It would be most useful if we had

                 the Assembly along with this, because

                 obviously they're a necessary partner, but

                 we've not been able to get them to agree on

                 substance.  And that has been, I think, one of

                 my unfortunate experiences so far.

                            In regard to the specifics of this,

                 Senator Meier, Senator Rath, Senator Wright,

                 Senator Padavan, Senator Little have all had

                 substantial input in regard to the specific

                 provisions.

                            And at some point I'm going to

                 yield the explanation so I can have Senator

                 Meier, my cochair of the task force,

                 participate in the explanation.

                            But basically what we do is we

                 address the Family Health Plus program, we

                 address the long-term care programs of this

                 state in a number of ways, we address the



                                                        4785



                 nursing home facilities of this state, we

                 address Medicaid managed care, we address the

                 preferred drug lists in Medicaid, we establish

                 disease management programs, and we establish

                 a prescription drug discount program.

                            It was interesting, as I opened my

                 mail yesterday, that I had information from

                 the NCSL in regard to their March publication.

                 It was a reprint, and the title said

                 "Medicaid:  Ten fixes that work."  And I

                 noticed that in each of the top five were

                 things we had addressed:  reforming long-term

                 care, focusing on the people who are the

                 sickest, emphasizing prevention, reducing

                 prescription drug costs.

                            These are the types of things we

                 have tried to address.  Because as we go

                 forward as a state, we're going to face

                 ever-increasing pressures in regard to health

                 care.  And we're going to face ever-increasing

                 pressures on our localities, the counties who

                 have to fund part of the Medicaid system.

                            Instead of trying to say we can

                 cut, because that's not going to work, what we

                 have to do is make our Medicaid system an



                                                        4786



                 efficient delivery system, not just an

                 efficient payment and billing system.

                            And so such things as disease

                 management, where, instead of paying

                 efficiently for a multitude of emergency room

                 visits when someone shows up with asthma, with

                 coronary heart disease, what we need to do is

                 make sure that there are interventions before

                 things become an emergency.  To the extent we

                 heard many times cases -- Coney Island,

                 Schenectady -- where interventions could

                 reduce to almost zero the emergency room

                 visits.

                            It's that type of change in

                 philosophy that we have to introduce

                 throughout the entire system.

                            Senator Meier, I'm going to yield,

                 with the permission of the chair, to explain

                 some more about the bill, especially the

                 provisions in regard to Family Health Plus.

                            THE PRESIDENT:    Senator Meier.

                            Excuse me.  Senator Skelos first.

                            SENATOR SKELOS:    Madam President,

                 if I could just interrupt for a moment, there

                 will be an immediate meeting of the Rules



                                                        4787



                 Committee in the Majority Conference Room.

                            THE PRESIDENT:    There will be an

                 immediate meeting of the Rules Committee in

                 the Majority Conference Room.

                            Senator Meier.

                            SENATOR MEIER:    Thank you, Madam

                 President.

                            And I thank my cochair, Senator

                 Hannon, and the members of the task force.

                 And also Senator Bruno for the opportunity to

                 really address, in depth, this program.

                            Reforming Medicaid is, as Mark

                 Twain used to say about the weather, something

                 that everybody talks about but nobody ever

                 does anything about it.  This year the Senate,

                 both sides of this aisle, I think really

                 resolved that we need to do something about

                 it.

                            Medicaid now stands in our state

                 budget as the second largest line item, just

                 behind education, growing over the last three

                 years at an average rate of 10.5 percent a

                 year, threatening to overtake education, and

                 threatening really, in the process, to sink

                 our ability to adequately fund other things.



                                                        4788



                            And at the local level, the county

                 level, it's growing up at about 13 percent per

                 year, posing the single largest fiscal

                 challenge to the City of New York and to the

                 57 counties outside of it.

                            So we looked in a very systematic

                 way, and this bill reflects some important

                 elements of the report, at ways to reform that

                 system.  And in doing so, we tried to depart

                 from some of the usual questions and answers

                 that we had over and over again that really

                 didn't seem to get us very far.

                            Family Health Plus has been one of

                 the largest growth elements in this program.

                 It has increased, since its full year of

                 implementation, by some 650 percent.  And

                 within this bill before you today, we propose

                 to give the counties and the City of New York

                 real fiscal relief, phasing in, over a period

                 of two years, a complete state takeover of the

                 local share.  That's some $125 million in

                 fiscal relief in the first year, growing to

                 over $250 million in the second year.

                            We propose to restructure Family

                 Health Plus in some ways.  One of the things



                                                        4789



                 that we propose is to take a look at the menu

                 of benefits available under Family Health Plus

                 and to reform them so that they track the menu

                 of benefits available under the Healthy New

                 York program.

                            In addition, we institute an asset

                 test, just as we would with Medicaid, which is

                 not presently part of Family Health Plus.

                 That leaves people with a more than adequate

                 menu of medical benefits available to them,

                 the same menu available under Healthy New

                 York.

                            If you look at the cohort that

                 we're dealing with within Family Health Plus,

                 they tend to be younger people and people in

                 relatively good health.  Their care is

                 provided for by purchasing a privately

                 available insurance product that's done by the

                 counties.  The actuarial assumptions that

                 arise from a complete menu of benefits, which

                 are not used, drive the cost of those premiums

                 significantly and contribute to this cost.

                            So we thought it made more sense to

                 track the Healthy New York menu of benefits

                 for the private insurance product.  And where



                                                        4790



                 catastrophic or other things occur, there are

                 ways within the existing system to make sure

                 those people receive adequate care.

                            Senator Hannon also talked about

                 some other features where we try to assist

                 people to get private capital into financing

                 their own long-term care, through better

                 long-term-care insurance, through tax credits,

                 to encourage that through the development of

                 other financial instruments to get private

                 capital into the long-term-care system, such

                 as the availability of reverse mortgages and

                 other kinds of financial instruments.

                            If you look at this, what we have

                 really tried to do is to look at systemic

                 reforms in the Medicaid system that move two

                 groups of people that have been really ignored

                 in this debate for quite some time:  patients,

                 who many times get care under Medicaid in a

                 very fragmented and kind of ad hoc way -- and

                 that's why we look at things like disease

                 management, for example -- and taxpayers, who

                 really have been very much ignored in Medicaid

                 in this state.

                            There ought to be a way to put some



                                                        4791



                 humane and basic reform into this system that

                 improves the delivery of health care, gives

                 people at the patient end better health care,

                 greater personal satisfaction, and at the same

                 time gives the taxpayers both quality and a

                 reasonable and prudent expenditure of their

                 funds.

                            Either Senator Hannon and I could

                 take whatever questions there are.

                            THE PRESIDENT:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Yes,

                 thank you, Madam President.

                            First, let me start by saying

                 that -- on the bill.

                            THE PRESIDENT:    You may proceed

                 on the bill.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you.

                            Let me first say that it has come

                 to my attention that this is probably the

                 first time that a Minority member has ever

                 been asked to sit on this kind of task force.

                 And so that I want to begin by commending

                 Senator Bruno for his inclusion of Senator



                                                        4792



                 Paterson in this very difficult and very

                 important debate and discussion.

                            And then let me say that Senator

                 Paterson and I are both going to vote for this

                 bill.  And I preface it by saying that Senator

                 Paterson was a participant, so that no one

                 will jump up and say, Well, he was a part of

                 it.

                            Yes, he was a part of it, and in

                 his participation, the concerns that I will

                 address were things that he has addressed all

                 along.  So this is not something that comes

                 after the fact.  And that isn't for the

                 members of the task force, because they know

                 that.  This is for the rest of the audience,

                 who may not be aware.

                            Let me begin by saying that I'll

                 talk about the things in this bill that we are

                 pleased about.  And certainly let me add my

                 codicil by saying to you, Senator Meier, I

                 consider you to be one of the most thorough

                 individuals in these chambers.  And so that

                 there are very few times that I've taken

                 exception to the things that you say, because

                 I -- we've debated.  And in those debates,



                                                        4793



                 it's more than just -- there is passion,

                 there's logic and there's research.  And so I

                 appreciate those.

                            At the same time, however, we need

                 to continue to talk about the way in which

                 this bill cancels the state takeover of Family

                 Health Plus in terms of savings.  There is not

                 the perception of the savings that there

                 appears to be in the bill.  And we would

                 prefer that the state would cap the local

                 share of Medicaid.  That's a concern.  So this

                 is just for the record.

                            The other thing that -- the

                 creation of the disease management

                 demonstration program, which has the potential

                 to both reduce costs associated with chronic

                 and life-threatening medical conditions and

                 improves the health status, obviously, of all

                 the people of New York State, is high on our

                 list of things that we certainly recommend and

                 are very pleased with.

                            Some consumer-friendly protections

                 in the preferred drug program that were

                 suggested by Senator Paterson that have been

                 included, we're pleased with those.  The



                                                        4794



                 Medicaid waiver that will help to keep people

                 at home instead of having to send them to more

                 expensive nursing homes, we're pleased to see

                 that this is also in the bill.

                            The concern, though, is that -- we

                 have some strong opposition to the

                 implementation of copay for Family Health

                 Plus.  One of the things that tends to

                 happen -- and when we look at many of the

                 statistics about the way in which health

                 issues are dealt with in communities,

                 culturally we have those issues to deal with.

                            But when we're talking about how do

                 we get people to come in early for preventive

                 care so that the cost to us is much less

                 expensive, we will be deterring people by

                 increasing the copay.  Copays in and of

                 themselves don't appear, to those of us who

                 have resources, to be a great deal.  But to

                 people who have very limited resources, each

                 time we increase the copay, we are

                 discouraging people from coming in to receive

                 the health benefits that they need.

                            In attending a senior workshop on

                 the Medicaid bill some weeks ago, part of the



                                                        4795



                 concerns that were raised by seniors was the

                 fact that the copay was very, very expensive.

                 Now, I know with the discount cards -- and if

                 we ever get the federal Medicaid regulations

                 straightened out, some of that will be

                 diminished.

                            But I think that we're doing

                 ourselves -- and the people that we're trying

                 to get to come in for early care, the copay is

                 going to have the opposite impact.

                            You talked about the kinds of

                 modifications to the Family Health Plus that

                 you think are good.  We just kind of think we

                 like it the way it is.  And be careful how you

                 tinker with it.  That's just a -- because we

                 know that it has increased by 650 percent.

                 But we believe unless you have statistics that

                 say differently, that that 650 percent

                 increase speaks to the numbers of people in

                 this state would do not have any other health

                 services.

                            And I would venture to believe that

                 if we did a strong outreach and a recruitment,

                 we would almost double that percentage.

                 Because we still have people, families who are



                                                        4796



                 not receiving the kind of health care that

                 they need to because they don't know about the

                 availability of some of these benefits.

                            And we'd like to see -- this one is

                 a little bit more technical -- we'd like to

                 see a specific time frame for those prescribed

                 drugs to be approved when a person gets a

                 prescription that may not be on the preferred

                 list.

                            Lipitor, which seems to be a very,

                 very necessary and popular drug for those of

                 us as we've aged -- all those years of Ben &

                 Jerry's and some other things have risen our

                 cholesterol.  But it's interesting that those

                 are not the drugs that are on the preferred

                 list.  And so while people wait for the

                 approvals, the timeline is too iffy.

                            Those are some of the more

                 prevailing things.  Other sections of the bill

                 require prior approval to be granted in

                 24 hours.  We would recommend that this time

                 frame also be utilized in this instance as

                 well.

                            I know that there will be other

                 members of this conference who will be talking



                                                        4797



                 on this.  But I needed to just share with you

                 some of the ideas and concerns that continue

                 to be relevant to those of us in this

                 conference, and to again thank you, on behalf

                 of Senator Paterson and this conference, for

                 your inclusion of him, not only in the task

                 force, but also his ideas and concepts to make

                 this Medicaid bill better in the state of New

                 York.

                            THE PRESIDENT:    Senator Rath.

                            SENATOR RATH:    Madam President,

                 on the bill.

                            THE PRESIDENT:    You may proceed

                 on the bill, Senator.

                            SENATOR RATH:    I will attempt to

                 be brief.

                            I think a sense of history has

                 pervaded this session different than many

                 other sessions.  Senator Marchi, you were here

                 when -- I'm about to recall something that you

                 will say, yes, you were.  Governor Rockefeller

                 was the governor, Walter Mahoney was the

                 majority leader here in the Senate, and my

                 father-in-law, Ed Rath, was the county

                 executive of Erie County.  He came to Albany



                                                        4798



                 to testify against Medicaid, the passage of

                 Medicaid.  He was opposed to it.  He said, "It

                 is going to bankrupt the counties."  Now, Dad

                 wasn't a wizard in everything, but this one he

                 had right.

                            And today we are taking a historic

                 step in an effort to get it right.  Many of us

                 were in county legislatures through the years.

                 How many resolutions did we pass on welfare

                 and Medicaid reform -- how many?  How long did

                 it take the federal government to figure out

                 that they had to do something about helping us

                 with welfare reform?  No one talks about that

                 anymore.  It's done.  It's manageable.

                            This one is about to become

                 manageable, after 35 years of trying to tinker

                 with it, make it better, and trying to help

                 the counties.  We're talking property tax

                 here, we're talking about serious problems

                 among the counties.  And property taxes are

                 what help -- if they aren't too high, people

                 can stay in their homes.  And we have an aging

                 population.  We've got to take care of that

                 situation.

                            I really applaud my colleagues,



                                                        4799



                 Senator Hannon and Senator Meier, for their

                 aggressive activity.  My role in this was much

                 like the other five of us who were on the task

                 force.

                            My specific area was the

                 long-term-care area; some of the pieces in the

                 bill are reflections -- single point of

                 information.  How confusing is it when people

                 try to find out what they can do, what kind of

                 help there is available for them, who they

                 should call?  Got to take care of it.  It's

                 different everywhere that people check into.

                            Getting some dollars back by

                 reverse mortgages to help pay for

                 long-term-care insurance.  Some of the equity

                 in their life insurance.  Let's get some of

                 those dollars back into people's hands so they

                 can pay for long-term-care insurance.

                            A lot of creative pieces here.  We

                 are going to move through this today.  The

                 Assembly will find a place, I'm sure, in this.

                 The Governor is in accord with this bill.

                 It's a momentous, momentous day.  We're

                 starting to turn and go to a more reasonable

                 way of dealing with the health needs of the



                                                        4800



                 people of the State of New York -- not

                 transferring it to the property tax, which

                 can't afford to pay for it.

                            So thanks to all of you for your

                 support on this vital measure.

                            THE PRESIDENT:    Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  If the sponsor or the

                 cosponsor could yield to a question.  I'm not

                 sure which to direct this to.

                            THE PRESIDENT:    Senator Hannon,

                 will you yield for a question?

                            SENATOR HANNON:    Yes.

                            THE PRESIDENT:    You may proceed,

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.

                            This bill is a comprehensive bill

                 with many different sections.  So I read

                 through it and find myself liking parts of it.

                 I'm attracted to the concept of expansion of

                 long-term-care options, nursing facility

                 transition options.

                            But then, when we get into some of

                 the details specifically around preferred drug



                                                        4801



                 lists, as Senator Hassell-Thompson already

                 addressed, and also in Family Health Plus

                 eligibility, I have concerns.

                            So just for some clarifications for

                 myself, in this bill you're proposing

                 extending the timeline for someone to become

                 eligible for Family Health Plus from when they

                 haven't had coverage for six months to 12

                 months, so they'd have to wait 12 months

                 without eligibility for benefits before they

                 could become eligible for Family Health Plus?

                            SENATOR HANNON:    The idea is to

                 make sure that we're addressing those people

                 who cannot get insurance in any other way.

                 This is the concept used in government

                 insurance programs of "crowd-out."

                            There was strong anecdotal evidence

                 that there were corporations encouraging their

                 entry-level employees, instead of covering

                 them for insurance, that they were saying:  Go

                 to Family Health Plus.

                            So the thought was that you had to

                 do something to try to move the pickup of

                 coverage to the proper and appropriate place;

                 namely, the employer.



                                                        4802



                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  If the sponsor would

                 continue to yield.

                            THE PRESIDENT:    Senator Hannon,

                 do you continue to yield?

                            SENATOR HANNON:    Yes.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Well, that goes into my next

                 question, actually.  Also, on page 19, line 3

                 of this bill, we will do away with eligibility

                 for Family Health Plus if your employer has

                 discontinued coverage for employees.

                            So it seems to me on the one hand

                 you were saying you wanted to encourage people

                 to use employer coverage, if it existed, and

                 discourage employers from directing people to

                 Family Health Plus, and on the other hand

                 you're actually saying if you work --

                            SENATOR HANNON:    What page are

                 you referring to, Senator?

                            SENATOR LIZ KRUEGER:    Page 19,

                 line 3, I believe.  Let me find my page.  Yes,

                 it's -- it was Section 4.  You're crossing out



                                                        4803



                 discontinuation of comprehensive health

                 benefits coverage to all employees of the

                 applicant's employer.

                            So my understanding under existing

                 law is if your employer discontinues health

                 care benefits, then that is a basis for

                 becoming eligible for Family Health Plus under

                 current law.  But under your revised bill,

                 that would no longer be a basis for becoming

                 eligible for Family Health Plus.

                            Do you see that line, sir?

                            SENATOR HANNON:    I think that you

                 have to go to the basic philosophy of what

                 we're trying to do with Family Health Plus.

                 We were trying to expand the number of people

                 in this state who are covered by health

                 insurance.

                            We found, as we went around the

                 state, that there were people dropping their

                 employees from health insurance.  Think of the

                 result.  Companies drop coverage, the state

                 picks it up, there is no net increase in the

                 number of residents who have health insurance.

                            So what we're trying to do is to

                 say to companies:  No, we're not picking up



                                                        4804



                 your insurance, we're not picking up the

                 obligation you now have.

                            In a similar fashion, there's other

                 provisions in here, one of which says that

                 municipal employees, entry-level municipal

                 employees, are not eligible for this program.

                 Because we don't want municipalities

                 transferring costs to the state.

                            Transfer of costs, change of risks,

                 these are all insurance concepts.  These are

                 all things that we feel are necessary to put

                 in place, not just -- this is not saving

                 money.  Because let me address something else

                 that Senator Hassell-Thompson addressed, and

                 she talked about the copays.  This, again, is

                 an art.  It's an art in trying to set the

                 appropriate money.

                            It's an art because, having gone

                 through three or four years of discussion in

                 regard to insurance, we found out that if you

                 just offer something for nothing, it's not

                 taken as a valuable item.  We've seen the

                 studies -- federal studies, other states, just

                 academic studies -- that say when there is a

                 copay of appropriate size, that people value



                                                        4805



                 the service, they value the test, they value

                 the screening, they value the mammogram, and

                 they will participate to a greater percent.

                            So what we're trying to do here is

                 to take Family Health Plus and let it meet its

                 obligations.  This is part of the dual part of

                 the task force, which was -- some of it was

                 saving money; the other part of it was

                 introducing the correct philosophies into

                 these programs.

                            We have a model in this state that

                 we think we've tried to use as a good model,

                 and that's Healthy New York.  It proves that

                 you can have the core health insurance product

                 to be given, you can get people involved, and

                 you can do it in an affordable fashion.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if the sponsor would continue to

                 yield.

                            THE PRESIDENT:    Senator Hannon,

                 do you continue to yield?

                            SENATOR HANNON:    Yes.

                            THE PRESIDENT:    You may proceed,

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.



                                                        4806



                            Well, I find myself in agreement

                 with your philosophy on this issue, but not in

                 agreement with how you have put it in the

                 bill.

                            I agree we should be encouraging

                 employers to have health insurance benefits,

                 discouraging them from going out of programs,

                 from reducing their package of benefits.  And

                 yet, actually, on this floor several times

                 this session we've had debates around exactly

                 that issue, where I found myself disagreeing

                 with Health Committee bills, Insurance

                 Committee bills because they were actually

                 designed such that employers would be likely

                 to choose to lower their package of

                 health-care benefits for employees, or even

                 drop benefits, rather than continue to pay,

                 because they could get all kinds of tax

                 credits and deductions without providing the

                 same level of health insurance they provided

                 in the past.

                            So I think you and I agree that our

                 goal in the state of New York should be to

                 encourage employers to cover health benefits,

                 to cover the best health-care coverage



                                                        4807



                 possible for their employees.  And yet, again,

                 with this bill and with this line, I'm not

                 convinced that making low-income families

                 ineligible for Family Health Plus because

                 their employer decided to drop health-care

                 benefits, that that is going to be a

                 motivation on employers not to drop

                 coverage -- but it will be a penalty on

                 families who will find themselves uninsured

                 and now ineligible to participate in Family

                 Health Plus.

                            I'm not sure that low-wage

                 workers -- who of course, by definition, are

                 the people who are eligible for Family Health

                 Plus -- and their children are powerful enough

                 to convince the employers of this state:

                 Don't cut our coverage, because now we can't

                 come to Family Health Plus.

                            So I agree with the goal, but I

                 don't think that putting the penalty on poor

                 families with children is actually going to

                 motivate the employers of the state of

                 New York to do the right thing.

                            I think the Legislature is in a

                 better position, through the laws that we



                                                        4808



                 pass, the exemptions we provide or don't

                 provide, the standards and mandates we

                 provide, we are in a better position than the

                 poor working families of this state to have

                 power over employers' decisions in health

                 care.

                            But I still want to get to the next

                 question --

                            SENATOR HANNON:    If I may

                 interrupt --

                            SENATOR LIZ KRUEGER:    Certainly.

                            SENATOR HANNON:    As an answer, if

                 I may, Madam President, what I have to do is

                 simply differ with you.

                            What we found out is by such

                 discouraging as this provision, we will have

                 employees continue to have their insurance.

                 No, you're not going to address the state as a

                 whole; you're addressing individual

                 communities one by one by one.  And that's

                 where employers have to consider what is the

                 pool of applicants, what is the pool of

                 potential workers to come to that company.

                 They have to look at each of the rival

                 employers to decide whether or not they can



                                                        4809



                 attract a quality pool to be their employees.

                            The employees are looking for job

                 security, level of income, and benefits.  And

                 those decisions are being made, as we found

                 out, throughout the state.

                            Now, you know why?  Where did I get

                 this paradigm?  I got it from the very fact

                 that health care is not mandated by anybody.

                 It's a major ingrained tradition.  It's become

                 bargained for by unions, but if you're not in

                 a union, you get it as a matter of what the

                 employer feels they have to offer to get

                 employees to their company.  It all started in

                 World War II, but that's the model.

                            Now, there's other people who say

                 we should put mandates on it.  Well, that's a

                 debate for another day and another time.

                            But the model is it's a voluntary

                 system because the employers want to get the

                 good employees.  And that's what's happening,

                 and that's why we put these provisions in.

                            Is this too much detail?  You

                 raised the question.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Madam President, if, through you,



                                                        4810



                 the sponsor would continue to yield.

                            THE PRESIDENT:    Senator Hannon,

                 do you continue to yield?

                            SENATOR HANNON:    Yes.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR LIZ KRUEGER:    Thank you.

                 I so appreciate the sponsor's analysis of this

                 bill.  And he's gotten us into discussions

                 about the employment rate and the unemployment

                 rate in subsectors of the economy and the job

                 market and the competitiveness of the workers

                 of New York State to bargain with employers.

                            And you were right, at a macro

                 level, in some categories of work and in some

                 specific geographic areas, people actually are

                 so desperate for workers that they actually

                 will offer more and more benefits to get them.

                            Unfortunately, again within the

                 subuniverse of low wage workers -- because

                 again, this is not an across the board

                 insurance program, this is an insurance

                 program for low-income, low-wage, low-asset

                 families with children -- statistically in

                 New York State these are the families with the



                                                        4811



                 least flexibility in the labor market.  The

                 unemployment rate for this subuniverse of

                 workers is in fact as high as 15 percent.

                            We're not talking about executives,

                 who of course have the ability to negotiate.

                 We're not talking, as you pointed out, about

                 workers in labor unions, because by and large

                 they've got benefit packages as part of a

                 negotiated contract for themselves.  We're

                 talking about the entry-level workers, the

                 low-wage workers, the low-skill workers, and

                 the workers in areas of high unemployment

                 where their ability to mobilize for

                 alternative jobs is very, very minimal.

                            I wish we lived in a state and a

                 country where that wasn't the case, but to

                 some degree Family Health Plus was designed as

                 insurance of last resort for a population of

                 people who don't have other alternatives.

                            But to jump to my next question,

                 and it relates back to an earlier statement

                 you made, also in this bill, on page 19, we do

                 away with a model that I know has been very

                 effective in New York City to allow agencies

                 to assist people to review their eligibility



                                                        4812



                 for different health insurance and to assist

                 them to enroll.

                            And so in this bill, turning again

                 to page 19, we do -- starting on line 45, we

                 cross out the current law:  "Approved

                 organizations shall be permitted to assist

                 prospective enrollees in completion of

                 enrollment forms at approved health-care

                 providers sites and other approved locations."

                            Now, while I can understand the

                 argument that we don't want people to get

                 Family Health Plus if they have other options

                 that in fact are valid for them but cost the

                 state less or nothing, in fact my experience

                 in the City of New York with this program is

                 again, given the nature of who this population

                 is, not providing information and assistance

                 with complicated application forms results in

                 people who are eligible not being able to

                 participate in these programs.

                            While it would certainly decrease

                 the enrollment, I don't believe it would

                 decrease the enrollment with the outcome that

                 those least in need no longer receive the

                 benefit, but in fact, most likely, those most



                                                        4813



                 in need would find themselves not being able

                 to complete a complex application process.

                            So I would actually suggest an

                 amendment to this section that one could

                 expand the language of this to try to ensure

                 that people are reviewed for their eligibility

                 not just for Family Health Plus, but for the

                 entire package of possible health insurance

                 programs out there, including their rights to

                 employer-driven health insurance, so that the

                 State of New York could be helping people

                 maximize their eligibility for health

                 insurance, maximize their eligibility for the

                 programs that might be the least costly to the

                 State of New York.

                            For example, people who end up on

                 Family Health Plus but were Medicaid-eligible,

                 it's probably less costly in most situations

                 for those young, at least, children to

                 participate in the Medicaid program, not the

                 Family Health Plus program.

                            So rather than do away with

                 enrollment assistance, I'd urge that we

                 explore expanding that model to ensure we're

                 maximizing people's eligibility for the most



                                                        4814



                 valuable match in health insurance at the

                 least cost to the State of New York.

                            I suppose there was a question in

                 there somewhere.  It was a recommendation.

                            SENATOR HANNON:    Well, let me

                 just respond to that, if I may, Madam

                 President.

                            Briefly, there's two things.  One

                 is the facilitated enrollment, the process to

                 which you really refer, was appropriate when

                 this was a start-up program.  It's no longer

                 necessary to do that now that it's up and

                 running.  And there's a number of reasons for

                 that.

                            The second part is simply this.  We

                 found throughout the state that social service

                 departments are overwhelmed, that the

                 facilitated enrollers are delivering a bundle

                 of applications and it takes two, four, five,

                 six months for these things to get approved.

                 Where we need assistance, we feel, is in some

                 way trying to make the social service

                 departments more able to handle this.

                            So I do believe it's an appropriate

                 provision in the bill.  I think there's a good



                                                        4815



                 reason for it.  And I think we have further

                 work to do with social service departments.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor would

                 continue to yield.

                            THE PRESIDENT:    Senator Hannon,

                 will you continue to yield?

                            SENATOR HANNON:    Yes.

                            THE PRESIDENT:    He will continue

                 to yield, Senator Krueger.  You may proceed

                 with a question.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  We're having such a great

                 broad discussion around these issues.

                            I will disagree that because a

                 program's been in effect for a few years we

                 don't need facilitated enrollment or

                 information out there.  Because in fact the

                 universe of people who come in and out of

                 applications for government benefits of course

                 are a transitional population.  It's new

                 people every year.

                            I'll use, for example, the federal

                 food stamp program, which has been in

                 existence since the early 1970s.  We still



                                                        4816



                 have over a million people eligible but not

                 participating in that program in New York

                 State, even though it's a hundred percent paid

                 for by the federal government.  And it would

                 be a win-win for the state and the people of

                 New York if all million people who were

                 eligible and not participating joined.

                            We find ourselves in the same

                 situation with SSI.  We find ourselves in the

                 same situation with Medicaid, where people

                 turn to public hospitals with no health

                 insurance, not knowing they're eligible for

                 Medicaid, when in fact it's an advantage to

                 our hospitals to get reimbursement from the

                 Medicaid program.  I could go on and on about

                 what I think is the value of facilitated

                 assistance.

                            Now, you were right, our social

                 service agencies are finding themselves

                 drowning, in some cases, with applications.  I

                 would argue that if we hadn't continued to cut

                 back on our administrative reimbursement

                 matches to our localities for operating their

                 programs, they might not find themselves so

                 short-staffed in relationship to the demands



                                                        4817



                 being put on them at the front door for health

                 care, social services, food stamps, domestic

                 violence, et cetera.  I certainly know that

                 from my own experience in the City of

                 New York.

                            But my specific question now is, in

                 the bill it says that there will be a state

                 takeover of local Family Health Plus costs,

                 and yet in the back of the bill is a provision

                 that lets the state renege on this takeover of

                 costs if the savings accruing from all other

                 provisions of this bill are insufficient to

                 cover the costs of the local pickup.

                            So this bill is much broader than

                 Family Health Plus.  We've got preferred drug

                 lists.  We've got long-term care.  We've got

                 nursing home transitional.  We've got some

                 models for clinical drug testing.  It's a very

                 omnibus bill.  And yet the deal for commitment

                 by the state to take over the costs for Family

                 Health Plus, it's not clear that that's a real

                 offer or real deal, given the insufficient

                 covers of the costs from the other sections of

                 the bill.

                            Has anybody done the fiscal



                                                        4818



                 analysis of this and what the reality of this

                 might be and where we'd really need to be in

                 the other savings of the other sections of

                 this bill to hold this commitment to the

                 localities if we pass this?

                            SENATOR HANNON:    Let me assure

                 you, Senator, we have more spreadsheets on

                 this than one ever could imagine, and they

                 perform a great tool of putting you to sleep,

                 besides informing.

                            But aside from the spreadsheets,

                 because these are important numbers, you may

                 have remembered in my opening remarks I may

                 have been dealing with a subject that you

                 don't often deal with.  I was very frank to

                 say we don't have an agreement with the

                 Assembly because they've ignored the type of

                 philosophical approaches we've tried to do.

                            Well, part of the provisions at the

                 end of the bill are to make sure that if

                 they're going to deal with it, they're going

                 to probably have to take some things that

                 would be preempted from the budget.

                            So the savings that we want, how

                 it's going to be paid for, et cetera, this is



                                                        4819



                 an organic whole.  And if they want to further

                 negotiate something like that, that's fine.

                 But as it stands, this works.

                            SENATOR LIZ KRUEGER:    Madam

                 President, briefly on the bill.

                            THE PRESIDENT:    You may proceed

                 on the bill, Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I want to thank Senator Hannon for

                 his hard work on this bill, and Senator Meier

                 and the other sponsors.

                            I understand the goals.  I

                 understand the commitments the State of

                 New York needs to balance between assuring

                 that we have access to health care, we have

                 access to health insurance for New Yorkers,

                 with the recognition that the costs continue

                 to grow and we have not been able to get our

                 arms around that rate of growth.

                            There are sections of this bill

                 that I'd be very happy to support.  There are

                 sections of this bill, as Senator

                 Hassell-Thompson said, that are directly

                 parallel to the recommendations that Senator

                 Paterson has made in his own conference



                                                        4820



                 report.

                            And yet there are so many other

                 pieces of this bill that perhaps, as Senator

                 Hannon said, we don't know yet because it's a

                 one-house bill.  But I couldn't be comfortable

                 voting for those changes without knowing where

                 this is ultimately going as an agreed-upon

                 bill.

                            I'm very uncomfortable, to say the

                 least, in requiring higher copayments for

                 low-income families in Family Health Plus.

                 I'm very disturbed that we're attempting to

                 limit eligibility on a program that this house

                 wanted and supported expansion of and creation

                 of just a few years ago.

                            Family Health Plus is a great

                 program.  It has been an important program to

                 expand health insurance for low-income

                 families and their children.  It's a win for

                 the State of New York.  The fact that it costs

                 money, and perhaps more money than anticipated

                 by the Senate and the Assembly when the bill

                 was originally passed a few years ago, is a

                 reality for us to deal with, but it is not a

                 justification to hurry pell-mell into now



                                                        4821



                 shifting our priorities, limiting eligibility,

                 potentially encouraging employers to reduce

                 their health care benefits to workers without

                 any assurance that we will have Family Health

                 Plus there to pick up the people who lose

                 their benefits in the labor market.

                            I am very disturbed that we would

                 be charging copayments of as high as $50 for

                 low-income families to have to turn to

                 hospitals, $25 on an emergency room visit.

                 What does it mean to go to an emergency room

                 and not have the $25 and risk not being cared

                 for?

                            Now, of course, the law is clear:

                 An emergency room can't turn you down in an

                 emergency.  But the failure of the family to

                 be able to pay the $25 means the hospital is

                 picking up the cost.  So let's not kid

                 ourselves, we're transferring costs from

                 ourselves to our hospitals, very likely the

                 same hospitals who come to us to say they

                 don't have the money to continue their

                 programs.

                            The same is true on ambulance

                 services.



                                                        4822



                            So there are so many unknown

                 answers on the financings in this bill and too

                 many concerns for me on how it would impact

                 individuals in various programs to be able to

                 support the bill, even though I appreciate the

                 hard work that was brought that this

                 legislation and the fact that there are

                 specific sections of this bill that I could be

                 very, very excited about if they were

                 freestanding.

                            I will be voting no.

                            Thank you, Madam President.

                            THE PRESIDENT:    Senator Little.

                            SENATOR LITTLE:    Thank you, Madam

                 President.  On the bill.

                            THE PRESIDENT:    You may proceed

                 on the bill, Senator Little.

                            SENATOR LITTLE:    Thank you.

                            As a representative of six counties

                 in northeastern New York, all of whom have

                 experienced high Medicaid increases in their

                 budgets which have resulted in increases to

                 the property tax, I stand here very pleased to

                 see that this bill has come before this

                 chamber and hope that we will pass this and be



                                                        4823



                 able to get support for it from the Assembly

                 as well.

                            If I may, I would just like to

                 highlight two or three points of this bill.

                 Having been a member of the Medicaid task

                 force, we dealt with all of these issues and

                 how we could possibly still provide quality

                 health care in New York State and yet contain

                 the costs of that health care.

                            The takeover of Family Health Plus

                 in a two-year cycle is so logical that I don't

                 know how we could not do it.  The counties

                 have no share of Child Health Plus, they have

                 no share of Healthy New York, they should not

                 have any share of Family Health Plus.

                            Taking this over in the first year

                 would provide approximately $125 million to

                 $145 million to the counties, which would help

                 them reduce their property tax impact to the

                 people of their counties.

                            The containment in having Family

                 Health Plus benefits mirror Healthy New York

                 will help contain the costs of Family Health

                 Plus and still provide good health care to the

                 people who are looking for it.



                                                        4824



                            A second part of it is for the

                 long-term home health care, being able to help

                 people have more care at home and addressing

                 their needs so they do not have to remain in a

                 nursing home, is very important to the quality

                 of life for that person as well as to the

                 cost.

                            And the third and final thing would

                 be the income tax credits for long-term health

                 care insurance.  We've all been supportive of

                 this type of insurance for people who have

                 assets and means so that if they end up in a

                 nursing home, the insurance covers it.

                 However, that insurance has been expensive.

                            So looking at new products and also

                 allowing a 20 percent tax credit for this type

                 of insurance premium is certainly going to be

                 an incentive for more people to get this type

                 of insurance and not end up on Medicaid.

                            Something like 80 to 85 percent of

                 all the people in nursing homes right now are

                 on Medicaid.  We need to look at this

                 long-term insurance so that we can provide

                 that insurance and not have these people have

                 to resort to Medicaid for their final days.



                                                        4825



                            I'm very supportive of the bill.  I

                 certainly will be voting in favor of it, and I

                 would encourage everyone in the chamber to do

                 so as well.

                            Thank you.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 35.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE PRESIDENT:    Senator

                 DeFrancisco, to explain your vote.

                            SENATOR DeFRANCISCO:    Yes.  I

                 vote aye, and I think that this is not only an

                 important bill but an important first step, is

                 what it really is, in order to reform the

                 Medicaid system.

                            I know many counties throughout the

                 state have had to raise their sales tax in

                 order to accommodate -- in order to pay for

                 the costs of a system that's gone awry.  We

                 all want to provide as much as we can for

                 those who cannot.  But on the other hand, it

                 has to be affordable so that each county can



                                                        4826



                 make sure they pay for it in a responsible

                 way.

                            So as I say, I'm very happy that

                 this Medicaid reform bill has gone forward.  I

                 hope the Assembly at some point soon starts

                 addressing the problem.  And, secondly, I hope

                 very much that many of the other

                 recommendations by the Senate task force be

                 adopted soon in another bill to follow this

                 one.

                            Thank you.

                            THE PRESIDENT:    Senator Meier, to

                 explain your vote.

                            SENATOR MEIER:    Very briefly.

                            I'm going to vote aye.  This bill

                 is a responsible bill.  It gives real relief

                 to the counties but incorporates some cost

                 containment.

                            Now, going back to some discussions

                 we had yesterday afternoon, people want to

                 know why things don't happen in this city and

                 why things don't come together.

                            After six months of negotiating

                 with the majority in the other body, they've

                 introduced a bill.  And what it is, they call



                                                        4827



                 it a rolling cap.  And along about the time

                 that the cost of Medicaid will double, in

                 seven or eight years, they will have begun

                 picking up a small percentage of just the

                 growth.  And by the year 2014, they get to the

                 real ultimate effect of their bill.

                            No cost containment, no

                 restructuring of the way that we deliver care

                 to people, no disease management, no

                 addressing the long-term-care system.  After

                 six months of trying to engage these people,

                 they've got a solution that takes effect in

                 the year 2014.  That's why nothing gets done

                 in this town.

                            This body, both sides of the aisle,

                 is acting today.

                            THE PRESIDENT:    Senator

                 DeFrancisco and Senator Meier, you will both

                 be recorded as voting in the affirmative on

                 this bill.

                            Senator Hoffmann.

                            SENATOR HOFFMANN:    Yes, to

                 explain my vote.

                            Madam President, I want to

                 compliment my colleagues who chaired this task



                                                        4828



                 force and did yeoman's service in crafting a

                 remarkable piece of legislation.

                            This is a tough, tough issue.

                 Everybody wants to spend more money all the

                 time.  There are lots of ways that you can

                 feel sympathetic for people who are in need --

                 the elderly, the sick.  People always want to

                 be bighearted.  But there comes a point at

                 which we have to be realistic and find a way

                 to rein in some costs where it's possible and

                 to offer some incentives for cost-containment.

                            This is a very, very pragmatic

                 piece of legislation.  And once again, I have

                 to remark at how proud I am that this house,

                 this body is able to take a tough issue, to

                 wrap its hands around it and collectively say

                 we will find a way to do what's right for the

                 taxpayers of this state.  We understand that

                 it's an unfair burden on local government, and

                 we will do our part to fix it.

                            And it is time for the other

                 chamber to join with us, and not posture and

                 not criticize, but join with us and come up

                 with intelligent solutions that will deal with

                 all of the problems in this state but



                                                        4829



                 particularly, today, with the issue of

                 out-of-control Medicaid costs.

                            Again, I compliment all of my

                 colleagues who have taken the lead on this.

                 I'm proud that we're taking this action today

                 and I hope, I sincerely hope that it will not

                 be a vain action that we will have to come

                 back and revisit over and over and over again

                 while we wait for the Assembly to wake up and

                 get with the program.

                            THE PRESIDENT:    Senator Hoffmann,

                 you will be recorded as voting in the

                 affirmative on this bill.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1711 are

                 Senators L. Krueger and Sabini.  Ayes, 53.

                 Nays, 2.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Saland.

                            SENATOR SALAND:    Madam President,

                 I would request unanimous consent to be

                 recorded in the negative on Calendar 1771,



                                                        4830



                 Senate 7577.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative on that bill.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could return to reports of standing

                 committees, I believe there's a report of the

                 Judiciary Committee at the desk.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Senator

                 DeFrancisco, from the Committee on Judiciary,

                 reports the following nominations.

                            As a justice of the Supreme Court

                 of the Third Judicial District, William E.

                 McCarthy, of Delmar.

                            THE PRESIDENT:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    Madam

                 President, I'm proud to rise to move the

                 nomination of William E. McCarthy, of Delmar,

                 as justice of the Supreme Court of the Third

                 Judicial District.

                            Mr. McCarthy has had -- we've had a



                                                        4831



                 thorough review of his qualifications before

                 the committee meeting.  We met this morning.

                 He was found to be well qualified, and his

                 nomination was unanimously recommended to the

                 full Senate.  And I'm proud to move his

                 nomination.

                            For the purpose of seconding, I

                 would ask the chair to recognize Senator

                 Breslin.

                            THE PRESIDENT:    Senator Breslin.

                            SENATOR BRESLIN:    Thank you very

                 much, Chairman DeFrancisco.

                            I rise to echo the comments of

                 Senator DeFrancisco.

                            Bill McCarthy is a fellow

                 Delmartian, as we say, from the town of

                 Bethlehem, and has had an exemplary career,

                 which has included, among other things, being

                 an attorney for the AFL-CIO, but being a law

                 clerk to both a Democrat and a Republican

                 judge.  And I might add, parenthetically, that

                 the Democrat was very difficult to work with.

                            But he continued on in the

                 Governor's office, and for the past six years

                 has done tremendous service for the Governor



                                                        4832



                 dealing with various state agencies.

                            And in my opinion, Bill McCarthy

                 will make a wonderful Supreme Court judge.

                            THE PRESIDENT:    Senator Saland.

                            SENATOR SALAND:    Thank you, Madam

                 President.

                            Madam President, I had the good

                 fortune a number of years ago to work closely

                 with soon-to-be Judge McCarthy when he was

                 working in my offices when I was a member of

                 the Assembly.  And while I could not have

                 predicted where the future would take him, I

                 did know that the future would take him good

                 places, because he exhibited the kinds of

                 qualities that one would hope to find in

                 anybody who might be interested in public

                 service.

                            The fact of the matter was that he

                 was not only extremely capable and bright, but

                 conscientious and dedicated and never shirked

                 from any type of responsibility.  I didn't

                 know that one day I would have the opportunity

                 to sing his praise here on the floor.

                            We've had the opportunity to work

                 with him, "we" being my office, on one or



                                                        4833



                 another matter in his capacity as one of the

                 counsel to the Governor.  And I can only say

                 that time and again he has consistently

                 demonstrated, whenever my office has had to

                 deal with him, that the view of the young

                 Mr. McCarthy that I saw a number of years ago

                 was very much justified.  And I wish him only

                 continued success.

                            Governor Pataki has once again sent

                 up an extraordinarily capable and fine

                 potential jurist, and I'm sure that he will do

                 credit not only to the people of the State of

                 New York but to the wisdom of the Governor's

                 appointment as well.

                            THE PRESIDENT:    The question is

                 on the confirmation of William E. McCarthy, of

                 Delmar, as justice of the Supreme Court of the

                 Third Judicial District.  All those in favor

                 signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    William E.

                 McCarthy is hereby confirmed.

                            (Applause.)



                                                        4834



                            THE PRESIDENT:    I would be remiss

                 as president of the New York State Senate if I

                 did not add my thankfulness that Judge

                 McCarthy has been confirmed.

                            I have known Bill McCarthy for many

                 years, in my private practice, when I was on

                 the bench, and now as one of the Governor's

                 counsel.  I know of his intelligence, his

                 dedication, and his eminent qualifications for

                 this position.  We're blessed.

                            Congratulations.

                            He is here with his mother, Marilyn

                 W. Soucy, and his aunt, Marie Muller.  Best

                 wishes to all of you.

                            The Secretary will read.

                            THE SECRETARY:    As a justice of

                 the Supreme Court of the Ninth Judicial

                 District, Robert A. Neary, of Pound Ridge.

                            THE PRESIDENT:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I rise to

                 move the nomination of Robert A. Neary as

                 justice of the Supreme Court.

                            As I mentioned before, and I'll say

                 it maybe for the last time to save time in



                                                        4835



                 these proceedings, all of the candidates

                 were -- their backgrounds and qualifications

                 were examined fully, they came before the

                 committee and they were unanimously approved

                 by the Judiciary Committee for confirmation by

                 the full floor of the Senate.

                            And as to each of the nominees, the

                 Governor has really outdone himself this time.

                 They're outstanding, qualified individuals for

                 these various positions.

                            I would ask Madam President to

                 recognize Senator Leibell to second the

                 nomination.

                            THE PRESIDENT:    Senator Leibell.

                            SENATOR LEIBELL:    Thank you,

                 Madam President.

                            And as with many of us, we know

                 some of the nominees who are coming before us

                 today.  I am happy to say that I have known

                 this nominee for, I guess, a few decades now.

                 Goes back to the 1970s.

                            I first met Robert Neary in the

                 Westchester County district attorney's office.

                 We were both a lot younger, assistant DAs

                 then, and very active and enjoyed the work of



                                                        4836



                 serving as prosecutors.

                            While I left and went to Putnam

                 County to serve as their county attorney, Bob

                 continued there in the Westchester DA's office

                 and, over the course of his years there, had

                 the opportunity to prosecute many important

                 cases, to try many cases to a verdict.

                            I'm very pleased that the Governor

                 that submitted the name of Judge Neary,

                 because I know him personally and I know his

                 skills as an attorney, his skills he's

                 exhibited in the past as a judge, his

                 professional knowledge and, so critically

                 important, his integrity.  This is an

                 excellent nomination that has been submitted

                 to us.

                            So I'm very pleased to rise here

                 today and to second this nomination of Robert

                 Neary to the State Supreme Court.

                            Thank you.

                            THE PRESIDENT:    Senator

                 Stachowski.

                            SENATOR STACHOWSKI:    Madam

                 President, I too would like to rise to second

                 the nomination of Robert Neary to the Supreme



                                                        4837



                 Court.

                            Knowing Bob Neary since late in the

                 '60s -- hard for me to believe -- I can attest

                 to his character.  And I've now read his

                 background on his legal work and how he worked

                 on 45 murder cases.  And I just think he'll be

                 a great judge.

                            And on a personal note, I'd like to

                 say that -- and I said some of this previously

                 about him -- he was captain of the football

                 team when I was a sophomore at Holy Cross, and

                 he was the kind of person that taught all the

                 younger players, through his hard work ethic

                 and the extra time he put in and the way he

                 got his job done, on how to do varsity

                 football properly.  And he was a great

                 inspiration to me.

                            And today he brought me a picture

                 which now is proof to the rest of you that we

                 do actually know each other since 1968.  I

                 have a picture of us from a time when we both

                 played together at Holy Cross.

                            And I think that he'll bring that

                 same character and leadership to the Supreme

                 Court.  And I congratulate the Governor and



                                                        4838



                 congratulate Bob Neary on his confirmation.

                            ACTING PRESIDENT MEIER:    The

                 question is on the confirmation of Robert A.

                 Neary as a justice of the Supreme Court of the

                 Ninth Judicial District.  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 confirmed.

                            Judge Neary is with us today in the

                 gallery.  He is accompanied by his wife Keary,

                 by his sons Tim and Mike, and by his sister,

                 Mary Ann Hoffmann.

                            Judge, congratulations and very

                 best wishes to you.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read.

                            THE SECRETARY:    As a judge of the

                 Surrogate's Court for the County of Ulster,

                 Paul L. Gruner, of Stone Ridge.

                            ACTING PRESIDENT MEIER:    Senator



                                                        4839



                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I move the

                 nomination of Paul L. Gruner for judge of the

                 Surrogate's Court for the County of Ulster,

                 and I would request that the chair recognize

                 Senator Bonacic for a second.

                            ACTING PRESIDENT MEIER:    Senator

                 Bonacic.

                            SENATOR BONACIC:    Thank you, Mr.

                 President.

                            First of all, I would like to

                 congratulate the Governor for his outstanding

                 appointment for Paul L. Gruner for

                 confirmation to the Surrogate's Court of

                 Ulster County.

                            This is a gentleman that's worked

                 all his life in the trenches of practicing

                 law, all sorts of litigation, with a varied

                 practice, including estates.  He's been a

                 public advocate in Ulster County for almost

                 24 years.

                            And he finds time to be a wonderful

                 father to three children, two of whom are

                 here -- and I understand that his daughter

                 Alexandra is in Ecuador -- plus the rest of



                                                        4840



                 the family that's here, which I'll acknowledge

                 shortly.

                            But he also gives back to the

                 community.  He's a gentleman that serves on

                 the board of trustees of Ulster County for

                 their county blood bank.  He's engaged with

                 Little League, and also he's on the board of

                 education of the Rondout Valley School

                 District.  A gentleman with family values,

                 someone who we are very proud of.

                            He's joined today by his bride,

                 Cathy; his sons, Max and Peter; his brother

                 Albert and Nan Rios; his nephews Albert and

                 Daniel; his brother and sister-in-law Eugene

                 and Peggy Gruner; his niece Susanna; nephews

                 Benjamin and Christopher; father-in-law

                 Dr. Peter Corsones; his good friend Al Spada,

                 who's our Ulster County clerk, with his

                 partner in crime, Pat Oliveri, and Brenda

                 Trump.

                            I hope I got you all.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    The

                 question is on the confirmation of Paul L.

                 Gruner as judge of the Surrogate's Court for



                                                        4841



                 the County of Ulster.  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 confirmed.

                            Judge, who's left at home, anyway?

                            (Laughter.)

                            ACTING PRESIDENT MEIER:

                 Congratulations, and best wishes on your on

                 your duties.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read.

                            THE SECRETARY:    As a judge of the

                 Court of Claims, Joseph C. Pastoressa of Saint

                 James.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I move the

                 nomination of Joseph C. Pastoressa of Saint

                 James as a judge of the Court of Claims.

                            And I would please ask the chair to



                                                        4842



                 recognize Senator Flanagan to second the

                 nomination.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Thank you, Mr.

                 President.  And thank you to Senator

                 DeFrancisco.

                            Briefly on the nomination, because

                 I know there are several of my colleagues who

                 want to speak.

                            First and most important,

                 congratulations to Joe Pastoressa, a quality

                 individual, quality attorney, and someone who

                 will make an outstanding jurist in the State

                 of New York.

                            Congratulations to the Governor for

                 having the wisdom to appoint him to this

                 position.

                            And we are all fortunate.  I've

                 known Joe for some time.  He's a gentleman, he

                 has outstanding integrity, and he's got an

                 excellent background.  He's worked in the

                 vineyards for a number of years and has had a

                 very diverse experience in the courts and in

                 the legal profession.  I'm proud to stand



                                                        4843



                 before you as his representative in this body

                 and second his nomination.

                            And he is joined by a whole host of

                 people, most importantly his family -- his

                 wife, his three children, his mother -- and a

                 couple of very close, dear personal friends.

                            But it reminds me too that we are

                 all fortunate in that many of us have guardian

                 angels or mentors or people who look out for

                 us in very special ways.  Sometimes those

                 people are here with us physically and other

                 times they're not.  But I know that Joe

                 Pastoressa has a guardian angel out in

                 Copague, in Suffolk County, who's watching

                 today.

                            So Joe, to you in particular,

                 outstanding congratulations to you and your

                 family.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle.

                            SENATOR LaVALLE:    Thank you, Mr.

                 President.

                            As a member of the Judiciary

                 Committee, I wanted to rise to second this



                                                        4844



                 nomination or speak on it, along with Senator

                 Flanagan.

                            While I don't know Judge

                 Pastoressa, I have heard so much about him.

                 And if you looked at his resume, you would

                 see -- having served as chief law secretary to

                 two justices of the Court of Claims, along

                 with other legal experience, you will see that

                 he is well qualified.

                            He has helped write several key

                 decisions, and I'm sure that now, having

                 served as the law secretary, he will have

                 great fun in being the principal author of his

                 own decisions.

                            Good luck, Judge Pastoressa.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson.

                            SENATOR JOHNSON:    I'd like to

                 commend the Governor for putting forward this

                 nomination.

                            I've known Mr.  Pastoressa for a

                 number of years.  I see he was a graduate cum

                 laude of Brooklyn Law School, and his career

                 has shown that intelligence and that legal

                 ability over the years.



                                                        4845



                            Working as law secretary to several

                 lawyers, he drafted many decisions.  He

                 drafted landmark decisions, made new law.

                 He's a real legal scholar and the kind of a

                 person we need in this position.

                            I'd like to congratulate his wife,

                 who is probably his inspiration, and his

                 family who are with him, and even some friends

                 of mine, Tracey Curcio and Catherine

                 Cicchelli.

                            I'm glad to see that they're here

                 supporting you.  We all recognize your great

                 abilities, and we're very proud to second or

                 third that nomination.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard?

                            The question, then, is on the

                 confirmation of Joseph C. Pastoressa as a

                 judge of the Court of Claims.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Opposed,

                 nay.

                            (No response.)



                                                        4846



                            ACTING PRESIDENT MEIER:    The

                 nominee is confirmed.

                            Judge Pastoressa is with us today

                 in the gallery.  He's accompanied by his wife,

                 Marianne; his daughter, Christina; his sons,

                 Joseph and Michael; his mother, Nancy

                 Pastoressa; brother, Nicholas; and friends

                 Tracey Curcio and Catherine Cicchelli.

                            Judge, congratulations and best

                 wishes with your important duties.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read.

                            THE SECRETARY:    As a judge of the

                 Court of Claims, James J. Lack, of East

                 Northport.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I move the

                 nomination of James J. Lack for reappointment

                 to the Court of Claims.

                            I was going to stand up and say

                 something humorous, but I think this is a very

                 serious event, and I think it's more important

                 to really speak about Jim the way I really



                                                        4847



                 feel about him.

                            Having served with him in the

                 Senate for at least ten years, you get to know

                 a person very well.  And there are certain

                 people that you rely on for opinions.  And Jim

                 was always one I relied on for an opinion,

                 because he always thought things out

                 thoroughly and explained exactly the way he

                 felt, whether you would agree with the

                 decision or not.

                            And that's the type of individual

                 that I rely on, people that don't tell you

                 what you want to hear but give you their

                 honest appraisal of the situation.  And it

                 helped me, over the years, get through some

                 issues that I was having difficulty with.

                            Secondly, when you want a judge to

                 preside over a case, whether it's you or a

                 case for someone else, you want someone who is

                 going to be fair and listen to all the facts

                 and call them the way that he sees them.  And

                 Jim is that type of individual.

                            So I'm very, very pleased to rise

                 to move the nomination of Jim Lack for

                 reappointment and I would request that you,



                                                        4848



                 Mr. President, recognize Senator Flanagan to

                 second the nomination.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    Thank you, Mr.

                 President.

                            Two in one day.  This is a good

                 day.

                            Last time Senator Lack was up for

                 appointment to the Court of Claims, I was

                 watching and was not a member of this body.

                 So I actually get a chance to get up and make

                 a few comments today.

                            I know Jim is joined by his son,

                 Jeremy.  And Jeremy and Kara are a testament

                 to Jim and Therese and what they've been able

                 to do and achieve as parents, because they

                 have really wonderful children.  And it's

                 great to see Jeremy here today.

                            And to Senator Lack,

                 congratulations.  Obviously, best wishes.

                            And the only thing I really

                 wanted -- well, two things.  Jim Lack has

                 extraordinary institutional knowledge about

                 the Senate and has a tremendous sense of



                                                        4849



                 history.  And I would agree with Senator

                 DeFrancisco:  very intelligent, very

                 articulate, and someone who has been an

                 outstanding resource on a wide variety of

                 issues, including just the history of what

                 we've done here in this Legislature.  And he's

                 actually someone who can tell us many of the

                 good things that we've done, despite what we

                 may hear to the contrary on the outside.

                            But finally, the only three people

                 that could be happier -- Kara, Jeremy and

                 Therese, for Jim on his reappointment.  But I

                 never got a chance to say it, the only one

                 that follows right after them is me.  Because

                 I would not have a chance to stand here but

                 for his ascension to the bench.

                            So Senator Lack, Judge Lack,

                 congratulations again.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson.

                            SENATOR JOHNSON:    Again, I'd like

                 to commend the Governor on this nomination and

                 say that Jim Lack and I have been friends for

                 several decades.

                            Caesar Trunzo and I served a



                                                        4850



                 sentence with him between us for almost that

                 full period of time, and we put up with a lot

                 of stuff from Jim Lack.  And we know the good

                 things about him, and we don't know many bad

                 things about him.  But we know we're happy for

                 him today, getting a position which he really

                 likes.

                            And I'm getting my ten-year term

                 next time.

                            (Laughter.)

                            SENATOR JOHNSON:    Kidding.

                            But anyhow, congratulations.  And

                 he does have a beautiful wife and family, and

                 I commend all of you.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Yes, Mr.

                 President, I rise too, with pleasure, to

                 congratulate my former colleague and friend

                 Jim Lack on his nomination to the Court of

                 Claims.

                            The Governor is to be congratulated

                 to initially put Jim up there and to maintain

                 his position on the court.



                                                        4851



                            He is a brilliant man, there's no

                 other way of putting it.  He knows the

                 business.  He knew the business of the Senate,

                 and I'm sure he's doing the same and doing one

                 hell of a job in the courts.

                            If ever I have the misfortune of

                 having to go before a court, I would like him

                 there, because I know then I would get the

                 absolute fairest treatment that could be done.

                            The man is a good man, he'll do a

                 good job, and we wish him well.

                            ACTING PRESIDENT MEIER:    Senator

                 Saland.

                            SENATOR SALAND:    Thank you, Mr.

                 President.

                            It's truly a pleasure, a distinct

                 pleasure, to rise to second the nomination of

                 my very, very dear friend.

                            I had the good fortune of serving

                 in this institution with him, and it was

                 through this institution that I really came to

                 know Jim and his family, Therese, Jeremy, and

                 Kara.  And through the course of the years

                 that have followed, we have had the

                 opportunity to share many wonderful moments



                                                        4852



                 together.  We've known joyous occasions, and

                 we've known sorrowful occasions, and we've

                 shared them as friends and virtual family

                 would.

                            I must say that of all the people

                 I've had the good fortune of knowing, I don't

                 think I've ever met an individual who really

                 was more globally bright, more capable than

                 Judge Lack.

                            I know how proud he is to be here

                 today, not merely because he's being

                 reconfirmed, reappointed, but because he's

                 here with his son, Jeremy.  Jeremy

                 unfortunately was unable to be here when Jim

                 was initially appointed, so this turns out to

                 be a double blessing for Jim.

                            We've heard numerous kudos applied

                 to Jim, both in committee and here on the

                 floor.  I can honestly say that there's

                 nothing that I've heard that isn't most

                 deserved.  He not only served this institution

                 admirably, but as a legislator he really

                 served many admirably, due to his involvement

                 with and ultimately becoming president of the

                 National Conference of State Legislatures.



                                                        4853



                            And he is somebody who has been, as

                 I said, a friend -- more than a friend,

                 family, if not like a brother.  But the bottom

                 line is at times he's been a mentor and truly

                 a source of counsel.  Were my wife Linda here

                 today, she would probably say even more

                 glorious things about him, perhaps making me

                 look rather understated.

                            But I wish him continued success.

                 My love to the family, and I'm sure the people

                 of the State of New York will continue to be

                 extremely fortunate, thanks to the Governor's

                 sending Judge Lack to us for reappointment, to

                 have his continued services on the bench.

                 He's been an exceptional public servant, and

                 this will certainly add to that stature.

                            God bless you.

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle.

                            SENATOR LaVALLE:    Thank you, Mr.

                 President.

                            It's a pleasure to rise to support

                 Judge Lack's renomination.  And it's great

                 that the judge will have a full term.

                            Senator Johnson said something that



                                                        4854



                 brought to mind -- and sometimes we forget the

                 amount of time and the number of years that we

                 spend together.  And Jim and I have seen our

                 children grow up.  Jim's two children, Kara

                 and Jeremy, have become most accomplished in

                 their respective fields.  And I know that Jim

                 and Therese are very, very proud of their

                 accomplishments.

                            We've seen parents pass away, we've

                 seen our own careers move forward.

                            And I think this is a great

                 appointment, once again, by the Governor.  And

                 as so many people said, the judge has a keen

                 intellect, but he will use and has used that

                 intellect within the legal system to come up

                 with fair and wise decisions.

                            So many of us in our conference

                 know that many times there would be

                 legislation before us and the judge would

                 always talk about case law and other kinds of

                 legal points of view.  And I think we miss

                 that.  Although his very dear friend, Senator

                 Saland, has followed very ably in his shoes in

                 that regard, in being the conference attorney.

                            Judge, I wish you much luck, much



                                                        4855



                 success, not only personally but with your

                 family as you move forward in your career.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker.

                            SENATOR VOLKER:    Mr. President, I

                 want to congratulate the Governor also on a

                 great renomination.

                            I would add to Senator Flanagan's

                 thanks for Jim going to the bench because he

                 became a Senator, I would add that Senator

                 DeFrancisco thanks him also, because now he's

                 chairman of Judiciary.

                            And I thank you, because now I have

                 your old office, which is one of the best

                 offices in all the Capitol.  And he's the one

                 that actually remodelled it and made the

                 office what it is.

                            But in all seriousness, Jim is one

                 of the brightest fellows that I know to come

                 out of the Legislature.  I guess my only

                 debate with -- Senator DeFrancisco said that

                 he always looked to him for advice and

                 agreement.  I looked to him for advice

                 sometimes, but I didn't agree with him

                 sometimes.



                                                        4856



                            But he and I worked together very

                 closely as chairmen of Codes and Judiciary.

                 And as I have found out, I know as Senator

                 DeFrancisco has found out, it's important for

                 those two chairmen to work together.

                            Jim and I pulled off -- I don't

                 want to say pulled off a couple of coups, but

                 we did some things together because we decided

                 that some things had to be done.  And in our

                 world, sometimes it's very difficult to do

                 things because there are people all over the

                 place who come in from every different

                 direction.

                            And Jim and I did the change in the

                 jury system, which I think we are both very

                 proud of, that got rid of all the exemptions,

                 which was just -- it was burdening the system

                 so bad that it was clear something had to be

                 done.  But the problem is we had to act fairly

                 quickly before every group in the history of

                 the world attacked Albany.  And we're pretty

                 proud of that.  I know he is, and so am I.

                            But, Jim, I also want to say that

                 your wife, Therese -- and I don't have to tell

                 you -- was great to my son, who had his



                                                        4857



                 problems many years ago.  And of course

                 Therese is a psychologist.  He's now -- my son

                 is a doctor of psychology at SUNY Buffalo.

                 And her advice was important to him.  And I

                 thank you, I thank your wife for her kindness,

                 and I wish you the very best.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.

                            SENATOR SPANO:    Thank you, Mr.

                 President.

                            There's not much that I can add

                 that has not been said about Judge Lack.  But

                 I would be remiss if I didn't get up and share

                 a few thoughts about someone who has been more

                 than a colleague, has been a good friend --

                 not only to me, but to so many members of this

                 chamber.

                            I spent many years sitting in that

                 back row, alongside of Jim Lack, and received

                 the benefit of his counsel.  Very often when I

                 didn't ask for it.

                            (Laughter.)

                            SENATOR SPANO:    But there are few

                 people that I have met in 26 years in the

                 Legislature who have had more of an



                                                        4858



                 institutional knowledge of the way this body

                 and the Assembly works than Jim Lack.

                            He served us well as chair of the

                 Labor Committee, he served the people of this

                 state well in that capacity, did an

                 outstanding job as the chair of the Judiciary

                 Committee, and is making us proud as a judge

                 in his current capacity.

                            We miss him.  We would have a lot

                 of good fun with Jim Lack.  But as John

                 DeFrancisco said, when we need someone to

                 analyze a problem and give us a straight

                 answer, whether we like the answer or not, and

                 an analysis and the resolution of a problem,

                 it would be Jim Lack that we would go to.

                            And it's that type of person who

                 comes through the halls of this Senate and

                 moves on to become an outstanding judge, but

                 will always be remembered here as someone who

                 was fierce on the floor, was as honest as they

                 come and, as a friend, is as loyal as they

                 come.

                            The Governor deserves credit for

                 your reappointment, Judge.  And to you and to

                 your son, we're glad that Jeremy is here



                                                        4859



                 today.  We're all as proud of your dad as you

                 are this day.

                            Congratulations, Judge Lack.

                            ACTING PRESIDENT MEIER:    Senator

                 Marchi.

                            SENATOR MARCHI:    Mr. President,

                 I'm sure any of the members here that have not

                 spanned the number of years that we've known

                 him, from Day One, when he first walked into

                 this chamber, and with perfect fidelity and

                 reflecting an analysis that jibed with all of

                 us -- and it was evident by the warmth of

                 their remarks that he had elicited a profound

                 respect in his judgment, in the clarity of his

                 views, in the broad range of his knowledge --

                 that we were singularly impressed.

                            I'm very, very happy to see this.

                 And it's evidence of the joy with which this

                 membership is reflecting now in your presence.

                 You hear it, and you have every right to be

                 proud and we have every right to be proud to

                 see you there.

                            So this is indeed a happy day.  I

                 don't know why I stayed long enough in the

                 Senate, but now I found out that there was one



                                                        4860



                 more reason, because I wouldn't want to have

                 missed this occasion.  It was so appropriate,

                 so good in terms of everything that we've

                 desired in good service to the public and a

                 good friendship.

                            So again, I'm very proud that I

                 persisted in my return to this body.  And I

                 knew this day would come, and it has.  And I

                 feel very happy about it.

                            ACTING PRESIDENT MEIER:    Senator

                 Maziarz.

                            SENATOR MAZIARZ:    Thank you very

                 much, Mr. President.

                            I don't think a higher compliment

                 could be paid than the fact that Senator

                 Marchi stuck around here 48 years to vote for

                 your confirmation, Jim.

                            (Laughter.)

                            SENATOR MAZIARZ:    Obviously, the

                 Court of Claims' gain is the Senate's loss, by

                 virtue of all the comments that my colleagues

                 have made.  Just shows you the deep respect,

                 Jim, that we have for you.

                            And we certainly congratulate you

                 and Therese.  And your son is here today, and



                                                        4861



                 that's a great tribute to you.

                            We miss you a lot here, Jim.  As

                 Senator Spano said, we miss your advice, both

                 the solicited and the unsolicited parts.  But

                 congratulations, and we'll see you in

                 November.

                            ACTING PRESIDENT MEIER:    Senator

                 Libous.

                            SENATOR LIBOUS:    Thank you, Mr.

                 President.

                            I was outside meeting with some

                 constituents, and I asked if the judicial

                 appointments were underway, and one of my

                 colleagues says, "Yes, all the lawyers are

                 standing up, speaking."

                            And although I am not a lawyer, I

                 will admit that my son passed the bar a month

                 ago, so I guess I should speak.

                            Jim, I too miss you, as mentioned

                 by your colleagues, not only for your advice

                 and wisdom -- and again, I will repeat, both

                 solicited and unsolicited -- but also for our

                 morning walks.

                            Senator Lack, Senator Maziarz,

                 Senator Spano and I would go on our morning



                                                        4862



                 walks at about 6:15.  And it was a little

                 difficult waking up Senator Spano, but we

                 usually succeeded knocking on the door.

                 Because Jim Lack never does anything

                 passively, always very aggressive, and he

                 would just rap on that door until Senator

                 Spano would come out.

                            And he also moves quite quickly for

                 a short person, he walks rapidly.  And I miss

                 that, Jim.  I miss the conversations we had

                 both about our personal lives and also the

                 conversations about our legislative lives and

                 certainly the work we did here on the Senate

                 floor.

                            Like all of my colleagues, and to

                 see your son Jeremy here to enjoy this very

                 special moment, from the bottom of my heart I

                 wish you the very best, and godspeed.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the

                 nomination?

                            The question, then, is on the

                 confirmation of James Lack as a judge of the

                 Court of Claims.  All those in favor signify

                 by saying aye.



                                                        4863



                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 nominee is unanimously confirmed.

                            Our good friend Jim Lack, welcome

                 home.  And we say, with great affection and

                 respect, congratulations.

                            (Standing ovation.)

                            ACTING PRESIDENT MEIER:    If the

                 chair could be permitted a personal note, I'm

                 having dinner with the machatunem this

                 weekend.

                            (Laughter.)

                            ACTING PRESIDENT MEIER:    Senator

                 Saland will explain to the rest of you what

                 that means.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    As a judge of the

                 Court of Claims, Thomas J. McNamara, of

                 Ballston Spa.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.



                                                        4864



                            SENATOR DeFRANCISCO:    I would

                 move the nomination of Thomas J. McNamara as a

                 judge of the Court of Claims.

                            And would you please recognize

                 Senator Farley for the second.

                            ACTING PRESIDENT MEIER:    Senator

                 Farley.

                            SENATOR FARLEY:    Thank you, Mr.

                 President.  I rise to support the nomination

                 of Tom McNamara.

                            Let me just tell you a little bit

                 about him.  He's a graduate of the State

                 University of New York at Albany, where I

                 taught for many years, and also a graduate of

                 Albany Law School.

                            Tom McNamara has had an extensive

                 background, not only as a practicing attorney

                 but as an assistant district attorney for the

                 County of Saratoga.

                            He lives in Ballston Spa, which I

                 share the village with the Majority Leader,

                 Senator Bruno.  And we were both concerned

                 about whose constituent he is.  Joe wanted to

                 claim him, but he is my constituent.

                            He's been a town attorney for the



                                                        4865



                 Town of Ballston, which I also represent.  Tom

                 McNamara not only has been involved in the

                 community as a good citizen, serving on the

                 board of education, been active in his church.

                 He's been on the Saratoga Hospital board of

                 directors.  He's been an outstanding example

                 of somebody that should serve on the bench.

                            This is an example of Governor

                 Pataki really choosing outstanding lawyers to

                 serve in our judiciary, and certainly on the

                 Court of Claims, for which Tom McNamara is an

                 outstanding, eminently qualified individual.

                            And it is with pleasure that I move

                 his nomination.

                            ACTING PRESIDENT MEIER:    Senator

                 Breslin.

                            SENATOR BRESLIN:    Thank you, Mr.

                 President.

                            I think we're blessed today to have

                 a number of Capital District judges who also

                 happen to be Irish.

                            But I rise because Tom McNamara and

                 I are close to being the same age, and we go

                 way back to when he was an assistant district

                 attorney and we would enter into plea bargain



                                                        4866



                 negotiations.

                            And I've watched him since that

                 time, as a town attorney and now as really the

                 acting Supreme Court judge for Albany County.

                 And in everything he's done, including his

                 community service, he's been the pride of the

                 Capital District.

                            And I commend the Governor for his

                 renomination.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    The

                 question is on the confirmation of Thomas J.

                 McNamara 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 confirmed.

                            Judge McNamara is with us today in

                 the gallery.  He's accompanied by his wife,

                 Mary Jane, and by his son, Matthew.

                            Judge, we congratulate you and we

                 wish you well.



                                                        4867



                            (Applause.)

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read.

                            THE SECRETARY:    As a judge of the

                 Court of Claims, Richard E. Sise, of

                 Niskayuna.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I would

                 move the nomination of Richard E. Sise, of

                 Niskayuna, for a reappointment to the Court of

                 Claims, and again ask you to recognize Senator

                 Farley for a second.

                            ACTING PRESIDENT MEIER:    Senator

                 Farley.

                            SENATOR FARLEY:    Thank you, Mr.

                 President.

                            It is with enthusiasm that I rise

                 to support Dick Sise, who's a long-time, dear

                 friend, comes from an incredibly remarkable

                 family.  His dad, Chief Judge Bob Sise, long

                 recognized as one of our great jurists in this

                 state, still practicing law vigorously in

                 Amsterdam.

                            Richard Sise is a graduate of Siena



                                                        4868



                 College and of Albany Law School.  I think you

                 went to law school with my daughter Susan.  I

                 think you did.

                            But anyway, I know his wife,

                 Connie, who's a distinguished practicing

                 attorney and a former law professor with me.

                 And his family is truly remarkable.

                            His brother Joe -- who I thought

                 was the baby, but he's number eight of nine

                 boys -- was the youngest Supreme Court justice

                 in the State of New York, and I think may

                 still be.

                            And Dick Sise has really served his

                 community well.  He's been a prosecuting

                 attorney in New York City and has been very

                 active in my hometown, where he still lives,

                 of Niskayuna.

                            And Dick Sise is not only well

                 known to our community in the Capital

                 District, but his brother-in-law is seated

                 here and made sure that his nomination comes

                 through, John Cahill, whose sister is Dick

                 Sise's wife, Connie.

                            So he has a lot of connections, not

                 only with this house but with the State of



                                                        4869



                 New York.

                            It's with great pleasure that I

                 nominate Richard Sise and congratulate the

                 Governor for this outstanding appointment.

                            And as I said in the Judiciary

                 Committee, he is being reappointed for a

                 complete term to the Court of Claims, but you

                 haven't heard the last from Dick Sise.  He's

                 on his way to the stars.

                            He comes from a great background,

                 and of course the reason for that is because

                 of his mother, Theresa, who's here.  And I

                 believe his son Michael is here, who's in the

                 third grade at St. Pius School, and his

                 daughter, Mary, who's in the sixth grade at

                 St. Pius.

                            So we're delighted to have that

                 family here and to move the nomination of

                 Richard Sise.

                            ACTING PRESIDENT MEIER:    Senator

                 Breslin.

                            SENATOR BRESLIN:    Well, there's

                 not much left to be said; Senator Farley has

                 documented the entire Sise family history.

                            Dick has been a friend of mine for



                                                        4870



                 many years.  And I'm proud to be able to

                 practice with his wife Connie and sometimes

                 engage in conversation with Connie's brother

                 John.

                            But Dick and the whole Sise family

                 have really just been the masters of

                 Montgomery County for so long, even though

                 Dick is a resident of Schenectady County.  His

                 father, Bob, who many of us growing up as

                 lawyers benefited from his skills as a judge

                 and his skills in advising us how to become

                 honorable in the practice of law.

                            But this is -- again, I frequently

                 get up and compliment the Governor on his

                 choice of judges.  And Dick is really one of

                 the crowning pieces in that selection process.

                            And I look forward to seeing

                 Dick -- Dick mentioned in Judiciary Committee

                 he would like to serve until such time as he

                 reaches the age of 70.  If he continues to

                 serve to then, we will all be blessed by it.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    The

                 question is on the confirmation of Richard E.

                 Sise as a judge of the Court of Claims.  All



                                                        4871



                 those in favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 nominee is confirmed.

                            Judge Sise is with us in the

                 gallery, and he's accompanied by his family --

                 Senator Breslin, you look poised to jump.

                            Anyway, Judge Sise, congratulations

                 and best wishes with your continued duties.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.

                            SENATOR SPANO:    Can we return to

                 motions and resolutions.

                            ACTING PRESIDENT MEIER:    Motions

                 and resolutions.

                            SENATOR SPANO:    There is a

                 resolution at the desk by Senator Nozzolio.

                 Could we ask that the title be read.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    By Senator



                                                        4872



                 Nozzolio, Legislative Resolution Number 5766,

                 honoring brothers Lieutenant Colonel Dominic

                 Caraccilo and Captain Edward Robert Caraccilo

                 for being decorated with the Bronze Star

                 Medal.

                            ACTING PRESIDENT MEIER:    Senator

                 Nozzolio.

                            SENATOR NOZZOLIO:    Thank you, Mr.

                 President.

                            May I have a little order.

                            ACTING PRESIDENT MEIER:    Can we

                 have some order in the chamber.

                            Members who are exiting, could we

                 have the door closed.

                            Senator Nozzolio.

                            SENATOR NOZZOLIO:    Thank you very

                 much, Mr. President.

                            Mr. President and my colleagues, I

                 rise in support of a resolution that honors

                 two New York native sons that have

                 distinguished themselves in defense of freedom

                 as military officers of the United States of

                 America.

                            It is unusual, if not

                 unprecedented, where two brothers serving in



                                                        4873



                 the United States Army, currently fighting for

                 our interests in far-off places in the globe,

                 have distinguished themselves by being the

                 recipients of the Bronze Star medal.

                            The Bronze Star is the third

                 highest military honor that anyone can receive

                 in this United States.  That the Army has

                 established this medal to provide those who

                 have distinguished themselves by heroic or

                 meritorious achievement, and that this

                 achievement was recognized by the brothers

                 Dominic and Edward Caraccilo of Seneca Falls,

                 New York.

                            Dominic graduated from Mynderse

                 Academy in Seneca Falls, went on to gain his

                 military training at West Point, and served in

                 my office while he was working to get his

                 master's degree -- as an intern with me,

                 working to get his master's degree at Cornell

                 University.

                            His brother Edward is also a native

                 of Seneca Falls who distinguished himself with

                 great honor.

                            Dominic serves as a United States

                 Army lieutenant colonel and has been decorated



                                                        4874



                 with the Bronze Star medal, with the "V"

                 device signifying valor, for supporting the

                 mission of Operation Iraqi Freedom and

                 participating in Operation Northern Delay in

                 Iraq.  He is a member of the 173rd Airborne

                 Brigade and a battalion commander with twenty

                 years of distinguished military service.

                            Edward Caraccilo is a captain in

                 the United States Army, a member of B Company

                 Third Battalion, 187th Infantry Regiment,

                 101st Airborne-Air Assault Division, and

                 serves as company commander.

                            They both received the prestigious

                 Bronze Star medal, as the sons of Marie and

                 Bob Caraccilo -- Bob, a great person, Marie --

                 wonderful contributors to the community of

                 Seneca Falls.  Bob is a barber, has worked

                 very hard through his life and, rightly so, is

                 very proud of his entire family and

                 particularly of the service of his fine sons.

                            All of our communities in the

                 Finger Lakes and all of New York State should

                 be proud of these fine individuals --

                 brothers, brothers in arms, brothers who are

                 serving the highest calling to protect the



                                                        4875



                 most important democracy ever formed on the

                 face of the globe.

                            And as we debate legislation today

                 aggressively, I think it's appropriate that we

                 pause to understand the cost and the price of

                 freedom.  These young men, coming from a small

                 town, serving in a faraway world, a faraway

                 country, serving the interests of their own

                 country, recognized to receive the Bronze

                 Star, the third highest military honor.

                            I pause, thank my colleagues for

                 their concern and support of this resolution,

                 a resolution very well deserved, a resolution

                 that we are extremely grateful to present

                 because of the valor of these fine young men,

                 Dominic and Edward Caraccilo.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    The

                 question is on the resolution.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The



                                                        4876



                 resolution is adopted.

                            Gentlemen, we welcome you today and

                 extend our congratulations and our thanks for

                 your service.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Senator

                 Bruno.

                            SENATOR BRUNO:    Mr. President, I

                 believe I have a privileged resolution at the

                 desk.  I would ask that it be called up at

                 this time, read in its entirety, and move for

                 its immediate adoption.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    By Senator Bruno,

                 Legislative Resolution Number 5695,

                 congratulating the Columbia High School

                 Baseball Team and Coach George Czerno upon the

                 occasion of capturing the 2004 New York State

                 Class AA Championship.

                            "WHEREAS, Excellence and success in

                 competitive sports can be achieved only

                 through strenuous practice, team play and team

                 spirit, nurtured by dedicated coaching and

                 strategic planning; and



                                                        4877



                            "WHEREAS, Athletic competition

                 enhances the moral and physical development of

                 the young people of this state, preparing them

                 for the future by instilling in them the value

                 of teamwork, encouraging a standard of healthy

                 living, imparting a desire for success, and

                 developing a sense of fair play and

                 competition; and

                            "WHEREAS, The Columbia High School

                 Blue Devils Baseball Team are the 2004 New

                 York State Class AA Champions; and

                            "WHEREAS, The Blue Devils defeated

                 the Oceanside Sailors, 6-2, to close their

                 season with a 28-2 record and capture its

                 first New York State Championship in baseball,

                 as well as the first for a team from Section

                 II since 1999; and

                            "WHEREAS, The athletic talent

                 displayed by this team is due in great part to

                 the efforts of Coach George Czerno and his

                 team of outstanding assistant coaches, skilled

                 and inspirational tutors, respected for their

                 ability to develop potential into excellence;

                 and

                            "WHEREAS, The team's overall record



                                                        4878



                 is outstanding, and the team members were

                 loyally and enthusiastically supported by

                 family, fans, friends and the community at

                 large; and

                            "WHEREAS, The hallmarks of the

                 Columbia High School Baseball Team, from the

                 opening game of the season to participation in

                 the New York State Class AA Championship game

                 at NYSEG Stadium in Binghamton, were a

                 brotherhood of athletic ability, of good

                 sportsmanship, of honor and of scholarship,

                 demonstrating that these team players are

                 second to none; and

                            "WHEREAS, Athletically and

                 academically, the team members have proven

                 themselves to be an unbeatable combination of

                 talents, reflecting favorably on their school;

                 and

                            "WHEREAS, Coach George Czerno and

                 his dedicated staff have done a superb job in

                 guiding, molding, and inspiring their team

                 members towards their goals; and

                            "WHEREAS, Sports competition

                 instills the values of teamwork, pride and

                 accomplishment, and Coach George Czerno and



                                                        4879



                 his outstanding athletes have clearly made a

                 contribution to the spirit of excellence which

                 is a tradition at Columbia High School; now,

                 therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to

                 congratulate the Columbia High School Baseball

                 Team, its members -- Mike Hart, Todd Czerno,

                 Mike Ogle, Mike Szoke, Zach Kirsch, Eric

                 Ferguson, Jim Devine, Keith Glasser, Josh

                 Willimott, Matt Smith, Bryan Rose, Ben Barner,

                 Kyle Meyer, Chris Mascolo, and Jon Nicolla --

                 Manager Andrew Brewer, Assistant Coaches John

                 Serbalik, Anthony Servidone, Adam Vooris, Hank

                 Wysocki, Dan Batcher and Jeff Rose, and Coach

                 George Czerno on their outstanding season and

                 overall team record; and be it further

                            "RESOLVED, That copies of this

                 resolution, suitably engrossed, be transmitted

                 to the Columbia High School Baseball Team and

                 to Coach George Czerno."

                            ACTING PRESIDENT MEIER:    Senator

                 Bruno.

                            SENATOR BRUNO:    Thank you, Mr.

                 President and colleagues.



                                                        4880



                            I wanted to add my welcome and my

                 congratulations to my constituents in the 43rd

                 Senatorial District.  Congratulations to the

                 champs.  First time ever.

                            And by the way, team, I wanted to

                 apologize for the empty seats in the chamber.

                 These people, unlike when you're in school,

                 they get elected independently, and they're

                 all out doing things that they feel are

                 important in their constituency, like

                 committee meetings and other things.

                            So they are not truant, they're not

                 tardy, they're working somewhere else --

                 frankly, which can't be as important as being

                 in the chamber listening to me.

                            (Laughter.)

                            SENATOR BRUNO:    But they have to

                 make their own judgments.  And that's the way

                 life goes in elective office.

                            But I really want to acknowledge

                 this team.  This is the first-time Columbia

                 High AA basketball champs.  And you heard

                 their record, 28 to 2.  And George Czerno,

                 their coach, congratulations to you.  Terry

                 Brewer, the superintendent, congratulations to



                                                        4881



                 you.

                            Now, Senator Tom Libous is here,

                 and he represents Binghamton.  And who did

                 they beat for the championship?  Binghamton.

                 You were listening.

                            Sorry about that, Senator Libous.

                 But coming in second to a team from the 43rd

                 is not a bad thing.  In fact, it's a good

                 thing.

                            So I want to congratulate all of

                 you -- your faculty, the coach, the players.

                 And I want to just say this to you.  You're

                 young, you have achieved something exceptional

                 and great.  And when you do that, that doesn't

                 come easily.  That doesn't happen by itself.

                 It doesn't happen with you goofing off,

                 smoking, drinking, carousing.

                            Stuff like that only happens,

                 you're only champs -- you're only champs when

                 you work hard, you're committed, you're

                 dedicated, you're inspired and you do it

                 right.  And you did that.  So congratulations

                 to you.

                            And you know what?  You're out of

                 high school, go on to college, you go on to



                                                        4882



                 work, and you're going to be in a challenging

                 life out there.  Life is challenging.  Life

                 has got crises, and it's got joys and it's got

                 pleasure.  But what you have accomplished will

                 hold you in good stead as you leave and you go

                 on and meet the challenges that are out there,

                 because you know how to work as a team.

                            And you also know how to be

                 individuals.  It's kind of like the Senators

                 here.  You see, they work as individuals, they

                 talk while I'm talking, but when it comes

                 time, they get together as a team and they

                 vote unanimously for this resolution.

                            And this resolution, I'm telling

                 you this, you come back here fifty years from

                 now -- I'll probably still be here --

                            (Laughter.)

                            SENATOR BRUNO:    -- and bring your

                 children, bring your grandchildren.  They will

                 call this resolution up, by number, because

                 this resolution, when passed in the Senate,

                 becomes part of the history of this state.

                 Goes in the archives.  So that's something to

                 be proud of.  It's perpetual, and it's an

                 honor, and this doesn't happen just easily.



                                                        4883



                            So I am privileged and I'm honored

                 that I am your Senator.

                            And for those of you that don't

                 live in the 43rd, move in, because you're of

                 voting age and it gets critically important.

                            But this is our closing day of the

                 formal part of our session.  We're going to go

                 on, probably having to get back here because

                 we have other things to do.  But I want to

                 share with you that we're taking time on this

                 day because you're special, school is special,

                 the team is special -- coach, Terry -- you

                 really make a great contribution as role

                 models to other young people like yourselves

                 as you go on, having done what you have done

                 and go on with your lives.

                            So congratulations to all of you,

                 friends that are here with you, and keep going

                 on being winners in your life as you are now.

                 And that decision and that judgment, no matter

                 what it is that's out there, is up to you.

                            So congratulations, champs.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    On the

                 resolution, all those in favor signify by



                                                        4884



                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 resolution is unanimously adopted.

                            Welcome to the Senate, gentlemen,

                 and congratulations.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time return to the reading of

                 the controversial calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read the

                 controversial calendar, in regular order.

                            THE SECRETARY:    Calendar Number

                 1713, by Senator Flanagan, Senate Print 7628,

                 an act to amend the Legislative Law, in

                 relation to lobbying and --

                            SENATOR BRUNO:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside temporarily.

                            THE SECRETARY:    Calendar Number



                                                        4885



                 1781, by Senator Skelos, Senate Print 7598, an

                 act to amend the Criminal Procedure Law.

                            SENATOR HASSELL-THOMPSON:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside temporarily.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 with the consent of the Minority, can we at

                 this time take up Calendar Number 1781.

                            SENATOR HASSELL-THOMPSON:    Yes.

                            SENATOR BRUNO:    Thank you.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1781.

                            THE SECRETARY:    Calendar Number

                 1781, by Senator Skelos, Senate Print 7598, 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.)

                            THE SECRETARY:    Ayes, 55.  Nays,



                                                        4886



                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1783, by Senator Wright, Senate Print 7601, an

                 act to amend the Public Authorities Law.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Wright, Senator Liz Krueger has requested an

                 explanation.

                            SENATOR WRIGHT:    Thank you, Mr.

                 President.

                            The bill before us this afternoon

                 extends the Power for Jobs program,

                 authorizing the New York Power Authority to

                 make a voluntary contribution of $10 million

                 to the program, establishing a rebate program

                 through the NYSERDA.

                            And you'll note that this is an

                 extension of Phases 4 and 5 of Power for Jobs,

                 which has been the most successful economic

                 development initiative, providing low-cost

                 energy to a number of employers across the

                 state.  This particular bill will affect



                                                        4887



                 roughly 300,000 employees employed by those

                 various positions.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If, through you, the sponsor

                 would yield, please.

                            ACTING PRESIDENT MEIER:    Senator

                 Wright, do you yield for a question?

                            SENATOR WRIGHT:    Yes, I do, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I think the Power for Jobs program

                 is a wonderful program.  And I think it's

                 critical that the state continue it.  But

                 this --

                            SENATOR WRIGHT:    Thank you,

                 Senator.  We look forward to your support too.

                            SENATOR LIZ KRUEGER:    Thank you.

                 But I do have some questions about this bill,

                 Senator.

                            I've been contacted by a number of

                 people, particularly in the not-for-profit



                                                        4888



                 university and hospital areas who are eligible

                 for NYSERDA, who are concerned that under your

                 bill it would become a rebate program for

                 them, which would mean they'd have to pay high

                 out-of-pocket costs and then wait for the

                 rebate afterwards.

                            Why are we going down that road

                 now, sir?

                            SENATOR WRIGHT:    Well, from the

                 very beginning, Power for Jobs was intended to

                 be a means of transitioning from a regulated

                 monopolistic utility system to a restructured

                 delivery of electricity.

                            Over the period of time, we've

                 encountered a number of difficulties, both

                 nationally and internationally, within the

                 energy arena, which has protracted the

                 transition period.  So we've been through

                 several phases of Power for Jobs.

                            This last phase is intended to

                 again move more of the private companies into

                 the private sector, purchasing their power and

                 minimizing the amount of subsidy that we would

                 provide.  In doing this, the rebate is an

                 effective means of doing that, as well as



                                                        4889



                 containing the cost to the state.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if, through you, the sponsor would

                 continue to yield.

                            SENATOR WRIGHT:    I'll continue to

                 yield, Mr. President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.

                            This bill moves responsibility into

                 the Urban Development Corporation, or

                 specifically under control of Charles Gargano.

                 Why would we take a program that hasn't per se

                 been politicized and move a successful program

                 under different authority?

                            SENATOR WRIGHT:    Well, first of

                 all, I don't believe it's politicized simply

                 by moving it to the economic development

                 agency.

                            And secondly, from the very

                 beginning, ESDC has reviewed and recommended

                 on every application for Power for Jobs.  The

                 intent is to identify the economic impact, to

                 ensure that jobs are being created.  And that



                                                        4890



                 is a legitimate and viable role for ESDC.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if, through you, the sponsor would

                 continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Wright, do you yield?

                            SENATOR WRIGHT:    Yes, I will, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            This is a one-year bill, but I

                 think many of us were hoping that we'd see a

                 three-year extender for Power for Jobs, and

                 that we had an expectation that that would

                 happen before we left session, although

                 obviously we're on the last day.

                            Do you know where we are with the

                 potential for a three-year ongoing extender

                 for Power for Jobs?

                            SENATOR WRIGHT:    Well, certainly

                 we will continue negotiations, as we have up

                 to this point.

                            This will extend it through the

                 balance of the fiscal year, which was the



                                                        4891



                 original recommendation as reflected in the

                 budget presented by the Governor.

                            We're certainly willing to look at

                 longer time frames.  However, recognizing the

                 state still faces a deficit, these programs

                 require subsidy.  In turn, the cost is

                 estimated, under the old format, of some

                 $55 million.  So we reduce that significantly

                 in this process.  And it's simply a question

                 of how do we pay for it.

                            The Assembly has advanced the idea

                 of the three-year extender and simply said the

                 Power Authority will pay.  Well, let's face

                 it, that's not realistic nor achievable.

                            So we will continue to negotiate.

                 And in the meantime, we have the commitment of

                 a $10 million commitment from the Power

                 Authority to move ahead.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I wish that we were doing the

                 three-year extender.  I recognize that it's a



                                                        4892



                 cost factor to the Power Authority.

                            And as I raised earlier today with

                 my objections to the bill that gave the

                 Defense Department exemptions from their full

                 cost of power, I'd rather see us expanding and

                 continuing on an ongoing basis the Power for

                 Jobs program as we've had it in place, because

                 it's been a successful, important program, as

                 you pointed out, affecting potentially 300,000

                 workers in businesses that draw down from the

                 Power for Jobs program.

                            So I won't vote against the bill,

                 but I do want to go on record as saying we

                 would be doing a much greater service to the

                 State of New York and the workers who

                 currently are in jobs that are helped through

                 the Power for Jobs program if we were doing a

                 three-year extender and not making these kinds

                 of complicated changes in the program that are

                 potentially going to result in some

                 organizations and businesses no longer perhaps

                 being able to participate, and will also

                 complicate the situation for them since they

                 will have to pay out high costs in the

                 beginning and then anticipate a rebate.



                                                        4893



                            Again, I don't think the Power for

                 Jobs program was broken, so I'm not sure what

                 we gain by this type of fix.  But given my

                 support for Power for Jobs and ensuring we

                 continue a program in the State of New York, I

                 will vote for the bill despite my misgivings.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  On the bill.

                            This is a successful program that

                 businesses rely on.  And businesses, to make

                 investments, need certainty.  The Assembly has

                 just reported a three-year extender of the

                 Power for Jobs program out of Ways and Means.

                 We should see that bill today.  Why we are

                 passing a bill that extends the program for

                 one year and makes substantial changes, some

                 of them quite questionable, in a successful

                 program, I don't know.  I think this only

                 creates uncertainty.

                            And I would respectfully suggest

                 that taking this program -- that actually is



                                                        4894



                 working pretty well -- out of NYSERDA and

                 putting it under the direction of the economic

                 development czar can only make the program

                 more political and less focused on the merits

                 of enterprises.

                            And that would be true in any

                 administration for the person fulfilling that

                 role; I'm not singling anyone out.

                            But this is a program that's

                 successful.  We should send a message to the

                 business community in New York that we are

                 going to renew successful programs, we are

                 going to agree with the Assembly for a

                 three-year extender.

                            I'm confident we'll see that bill

                 before the day is out.  I suggest we vote no

                 on this bill, or just lay it aside.  And let's

                 take this program seriously and pass a

                 three-year extender as the Assembly will do

                 today.

                            I'm going to vote no, Mr.

                 President.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.



                                                        4895



                            THE SECRETARY:    Section 4.  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 1783 are

                 Senators Hassell-Thompson, Onorato, Paterson,

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

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    I request

                 unanimous consent to be recorded in the

                 negative on Calendar Number 1771, Senate Print

                 7577.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator DeFrancisco will be

                 recorded in the negative on Calendar Number

                 1771.

                            THE SECRETARY:    Calendar Number

                 1784, by Senator Saland, Senate Print 7602, an

                 act to amend the Education Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Sabini.



                                                        4896



                            SENATOR SABINI:    Mr. President,

                 on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Sabini, on the bill.

                            SENATOR SABINI:    I just want to

                 compliment the chair of the Education

                 Committee, Senator Saland.  This is an example

                 of how we should do things.

                            We traveled around the state to

                 hear from parents, school administrators,

                 educators on the problem of high-stakes

                 testing.  And what we found was -- as you

                 should in a hearing, we listened and found out

                 some very interesting things, including

                 hearing from the parent of one valedictorian

                 who didn't get a diploma because she didn't

                 take one test properly.

                            We heard the horror stories about

                 the tests that had to be retaken and regiven

                 because of mistakes on the test.

                            And despite what we had -- I had

                 read from some conservative academia about who

                 would want to eliminate high-stakes testing --

                 their contention was it would be students from

                 urban areas -- instead, what we found was that



                                                        4897



                 the most vocal advocates on this issue were

                 from school districts like Scarsdale and

                 Lockport, where parents were very concerned

                 about what these tests did to their children's

                 long-term educational prospects.

                            So I want to thank the chair and

                 say this is really how we should do business.

                 Took an issue, listened to people, went around

                 the state and then made what I think is a good

                 solution.

                            So I'll be voting aye.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect July 1, 2005.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1785, by the Senate Committee on Rules, Senate

                 Print 7608, an act to amend the Tax Law.

                            SENATOR HASSELL-THOMPSON:



                                                        4898



                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco, Senator Hassell-Thompson has

                 requested an explanation.

                            SENATOR DeFRANCISCO:    This is a

                 request from the County of Onondaga and the

                 City of Syracuse to impose a 1 percent

                 additional sales tax.

                            The reason for the request was that

                 we have not reformed Medicaid.  The Medicaid

                 costs to counties are going up astronomically.

                 We passed a bill to help reform Medicaid, to

                 bring the costs in some kind of reasonable

                 control in order to avoid these costs

                 increasing.

                            And the reason for the bill is that

                 the county legislature and the county

                 executive decided that they needed this

                 1 percent sales tax to avoid property tax

                 increases.

                            There was a delay till towards the

                 end of the session in getting this bill

                 because there was a discussion or dispute

                 between the city and the county as to how that

                 money should be distributed.  That was



                                                        4899



                 fortunately resolved late last week, and we

                 are on the floor to provide for the 1 percent

                 sales tax that was requested by the County of

                 Onondaga.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  On the bill.

                            I'd like to thank the sponsor, or

                 Senator Rules' assistant, for the explanation.

                            This legislation really

                 underscores -- and I'm going to vote yes for

                 it.  The local government wants it.  They want

                 to raise their sales tax.  But this

                 underscores the problem that we've been

                 discussing here for the last few weeks.

                            You can't have it both ways.  We

                 cannot continue to expand the size of the

                 state government and give out goodies to

                 everyone we want without paying for it.  And

                 if we're not going to raise state taxes, if

                 we're not going to address the broad-based

                 taxes that bring in the greatest revenue and

                 expand them, we're going to be shoving the

                 costs down to local government.



                                                        4900



                            Our state continues to expand

                 government at a rapid rate.  We continue to

                 avoid dealing with the issues in terms of

                 state taxation and state spending.  And as a

                 result, we're passing more costs to local

                 government, we're making the state more

                 regressive.

                            And I urge all of my colleagues

                 that some approach different than that which

                 we've been taking here since I've been in the

                 Senate is required.  When I first got here,

                 every budget that would come out on the floor

                 would be an expansion of government and

                 locking in huge, backloaded tax cuts that

                 primarily benefited the wealthiest

                 New Yorkers.  We cannot continue to do that.

                            And if we do, these are the

                 consequences the people of Onondaga County are

                 going to suffer, the people of the City of

                 New York are suffering:  property tax

                 increases, even -- net property tax increases,

                 even with this minor rebate that they

                 apparently are trying to somewhat mitigate the

                 problems, and increased sales taxes.

                            So this is the consequence of our



                                                        4901



                 own failures in Albany.  And I realize that

                 there is substantial pressure building out in

                 other parts of the state about this issue.

                 This bill in and of itself, again, we have to

                 do.  We have no choice.  The local government

                 has a gun to its head, as it were.

                            But we are the people with the

                 power to take the guns away from their heads.

                 And I hope that as this session drags on and

                 as we move forward to whatever special session

                 we reconvene for, the Medicaid reform Senator

                 DeFrancisco spoke of will be on the table.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I think the

                 issue here is the fact that we have not

                 reformed Medicaid and we've allowed it to

                 spiral to an uncontrollable rate of increase.

                            And during the debate on our

                 Medicaid bill, which was based on hearings

                 that were held by this house, there were many,

                 many choices of how we can reform it.  And in

                 a bipartisan way, this house did in fact pass

                 a bill, a realistic bill -- some called it an



                                                        4902



                 historic bill during the debate on this bill.

                            But on the other hand is you can't

                 pass a bill into a law unless both houses do

                 it.  And Senator Meier eloquently spoke on the

                 floor when we were talking about the Medicaid

                 bill that the Assembly just put a bill in that

                 goes into effect, I believe, in the year --

                 the real effect of it goes in the year 2014.

                 2014.  What would the cost of doing Medicaid

                 be if we don't have reform for another ten

                 years?

                            So I hesitate in supporting this

                 bill, even though it's requested by our county

                 executive and our mayor.  And the reason I

                 hesitate is there is a better way to do it.

                 And the better way to do it is to get a real

                 bill, a real reform bill, passed by the

                 Assembly so it can be negotiated and we can

                 stop this spiraling cost of a system that's

                 out of control.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the



                                                        4903



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1788, by the Senate Committee on Rules, Senate

                 Print Number 7619, an act to amend the General

                 Municipal --

                            SENATOR SPANO:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside temporarily.

                            Senator Spano.

                            SENATOR SPANO:    Can we take up

                 Calendar 1713, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1713.

                            THE SECRETARY:    Calendar Number

                 1713, by Senator Flanagan, Senate Print

                 7628 --

                            SENATOR HASSELL-THOMPSON:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan, Senator Hassell-Thompson has



                                                        4904



                 requested an explanation.

                            SENATOR FLANAGAN:    Thank you, Mr.

                 President.

                            This is the Senate's version of the

                 lobbying bill.  And there are a number of

                 different provisions in the bill which I'll

                 explain as succinctly and briefly as possible.

                            There are changes starting with

                 raising the threshold on reporting from $2,000

                 to $5,000.  We give extra discretion to the

                 commission in terms of how they deal with

                 penalties.

                            A brief explanation as to why that

                 is.  Sometimes you can have a situation where

                 someone unknowingly can be subject to a fine

                 of upwards of $2,500, and their compensation

                 maybe even less than that, substantially less

                 than that.  So by the time they get notified,

                 they're in a no-win situation.

                            This allows the commission to take

                 a look, use common sense, hopefully all the

                 time, but certainly in this instance to see if

                 the penalty provisions should apply in a

                 different way.

                            We also provide certain latitude



                                                        4905



                 for first-time people who have failed to file.

                 There's a 15-day cure provision.  It's not for

                 somebody who routinely appears or who has been

                 subject to the commission before.  It's sort

                 of a first-time break for someone who may just

                 not be aware of the appropriate guidelines and

                 standards that are in place.

                            The composition of the commission

                 has changed; we go from six members to eight

                 members.  We also create an advisory council

                 on procurement lobbying, define municipal

                 state and procurement lobbying.

                            And we took out a couple of things

                 from our discussion of last year that I think

                 are important to note.  There were some

                 objections to a judicial commission that we

                 had placed in this legislation.  That's out.

                 There were some objections to the language

                 going from "knowing" and "intentional" to

                 "willful," changing some of the verbiage.

                 That's also out.

                            So there are some changes that have

                 been adopted from last year.

                            And that's it, Mr. President.

                            ACTING PRESIDENT MEIER:    Read the



                                                        4906



                 last section.

                            I'm sorry, hold on.  Senator Liz

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Mr. President, if, through you, the

                 sponsor would please yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan, do you yield for a question?

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.

                            I appreciate the explanation from

                 the sponsor.  And in fact, there are some good

                 things in this bill, and it's a significant

                 improvement over last year.  I'm very glad to

                 say that up front.  But it still leaves me a

                 number of questions to ask.

                            Would this bill include lobbying of

                 the Governor or issues that relate to his

                 passing of Executive orders?

                            SENATOR FLANAGAN:    No.

                            SENATOR LIZ KRUEGER:    No, okay.

                 Thank you.



                                                        4907



                            Mr. President, if, through you, the

                 sponsor would continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan, do you continue to yield?

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            As was talked about in your memo to

                 your bill, the critical issue is particularly

                 contracting out of monies by the state for

                 purchase of things, contracts of state money.

                 And a significant percentage of the monies

                 that the state spends are not actually through

                 on-budget agencies but through procurement

                 contracts from public authorities, IDAs and

                 public corporations.

                            Does this bill include procurement

                 through those off-budget agencies?

                            SENATOR FLANAGAN:    Yes, we

                 reference "state agency."  And if you look in

                 the Legislative Law under the definition of

                 "state agency," it includes IDAs, public

                 authorities, public benefit corporations.

                            I think everything that you would



                                                        4908



                 have a concern about or anyone would have a

                 concern about is defined in that section of

                 the law.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Mr. President, if the sponsor would

                 continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan, do you yield?

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Glad to see that.

                            Does this bill include coverage of

                 procurement that would involve casinos or

                 gaming activities in the State of New York,

                 particularly since your bill does address land

                 use and land transfer as well as the actual

                 sale or purchase or contracting of items?

                            SENATOR FLANAGAN:    No.

                            SENATOR LIZ KRUEGER:    So it would

                 not affect casinos or gaming.  Thank you.

                            Mr. President, through you, if the

                 sponsor would continue to yield.

                            ACTING PRESIDENT MEIER:    Senator



                                                        4909



                 Flanagan, do you yield?

                            SENATOR FLANAGAN:    Yes, sir.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            In the language of your bill it

                 excludes from the definition of officers or

                 employees of actual or prospective vendors

                 "contractors or subcontractors who communicate

                 with state or local contracting officers in

                 the regular course of procurement activities."

                            My concern is that the same people

                 who serve as lobbyists for said companies

                 might also have an equivalent co-job

                 description to be the same person or entity

                 communicating with the contracting officers.

                            How do we deal with the fact that

                 if you say you're communicating as a regular

                 course of procurement activities, that you

                 also may be the lobbyist or working for the

                 same firm?  How do you separate out those two

                 in your bill?

                            SENATOR FLANAGAN:    Well, first of

                 all, I would say the language references

                 officers and employees.  I don't think a



                                                        4910



                 lobbyist is an employee of a company.  I would

                 say they're in the realm of an independent

                 contractor, at best.

                            And if you're asking in terms of

                 legislative intent, I would make it very clear

                 that we don't think -- there would be a

                 distinction in that case.

                            SENATOR LIZ KRUEGER:    Okay.

                 Thank you.

                            Mr. President, if, through you, the

                 sponsor would continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan, do you yield?

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Then, about

                 three paragraphs down in the same bill, in the

                 same section, it talks about excluding from

                 this definition their "technical and

                 professional advisors who are charged with the

                 performance of functions relating to

                 contracts."

                            Let's pose the same question.  How

                 would we separate out those technical and



                                                        4911



                 professional advisors from people who again

                 might be the same people or work for the same

                 firms although they're lobbyists?  Because in

                 that case it's not an employee of the

                 contractor, it's a professional or a technical

                 advisor to the agency contracting with the

                 state.

                            SENATOR FLANAGAN:    Correct.

                            SENATOR LIZ KRUEGER:    I'm sorry,

                 Mr. President, if, through you, the sponsor

                 would continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan, do you yield?

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            So in your bill, if I was serving

                 as the technical or professional advisor to a

                 company contracting with the state, but I also

                 might be the lobbyist for that company or an

                 affiliate in the same group of lobbyists, that

                 would be recognized as an excluded category in

                 your bill?

                            SENATOR FLANAGAN:    I want to make



                                                        4912



                 a basic, fundamental point.  If you're

                 lobbying, you're lobbying on behalf of a

                 company, we want you covered.

                            I don't think there's any attempt

                 to exclude someone who is actively lobbying,

                 someone who files with the Lobbying

                 Commission, someone who's actively engaged in

                 work on behalf of a particular company.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Mr. President, if, through you, the

                 sponsor would continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan, do you yield?

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            It excludes from the definition of

                 people who would have to report as lobbyists

                 in this bill those who have no ability or

                 authority to influence the awarding of

                 contracts.

                            How do you know who has the ability

                 to influence the awarding of a contract in the

                 action of a definition therein?



                                                        4913



                            SENATOR FLANAGAN:    Well, two

                 things in particular.  This language is

                 modeled after the -- I think it's the New York

                 City Administrative Code.  So it's virtually

                 identical, if not identical, to language that

                 affects the City of New York right now.

                            I'm not sure -- I would think it

                 would be pretty clear in terms of an agency as

                 to who is responsible for the awarding of

                 contracts.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if, through you, the sponsor would

                 yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan, do you yield?

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    I don't

                 think the debate is within the who has the

                 authority to award contracts.  The debate I

                 have is with the question of who has the

                 ability to influence the awarding of

                 contracts.

                            So if I might, as an example --



                                                        4914



                 well, it's a touchy one in this house --

                 Senator Velella was -- recently pled guilty on

                 a number of examples where he was influencing

                 the contracts given by state agencies to

                 various firms.

                            Technically, those contracts were

                 not going through the legislative process, and

                 one might argue that no one in the Legislature

                 had a clear, official role in influencing the

                 decisions of those agencies to award those

                 contracts.  And yet, as the story unfolded,

                 that is exactly what happened, that someone

                 who would not perhaps clearly be in a position

                 to influence the awarding of contracts did

                 influence the awarding of contracts.

                            And while, in fact, in the end

                 analysis that was found to be illegal activity

                 because of the payments transferred, it raises

                 the red flag for me of how we define who

                 actually can be influencing the awarding of a

                 contract.

                            And it concerns me that we don't

                 have a more explicit definition or that we

                 allow that to be exempt from the definition of

                 procurement lobbying in your bill.



                                                        4915



                            SENATOR FLANAGAN:    Well, I would

                 offer a couple of observations.

                            Number one, again, I would repeat

                 that this is consistent with provisions that

                 exist in the City of New York.  And to the

                 best of my knowledge, they seem to be working.

                            Number two, what we're aiming at

                 here is procurement lobbying.  We have a very

                 clear definition right in the beginning of the

                 bill that talks about what we want to cover.

                            And I don't think your standards

                 are any different from my standards or any

                 other member of this house.  We all want to

                 make sure that there are rules of fair play,

                 disclosure.  And in the unlikely instance or

                 in the unusual instance where someone does

                 abrogate the rules, they should be held

                 accountable.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if the sponsor will continue to

                 yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan, do you yield?

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT MEIER:    The



                                                        4916



                 sponsor yields.

                            SENATOR LIZ KRUEGER:    I do agree,

                 I think we have the same goals here.  I just

                 think I have concerns about the language in

                 the bill.

                            Last year when we had this debate

                 on your earlier bill, I asked you whether your

                 bill would cover the type of situation where

                 Senator Al D'Amato was paid $500,000 for a

                 phone call to the MTA in relationship to a

                 land acquisition or a land transfer.

                            Is it your understanding that in

                 this bill, that type of lobbying activity

                 would be covered as procurement lobbying and

                 that that would have to be reported now?

                            SENATOR FLANAGAN:    Absolutely.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Senator.

                            Briefly on the bill, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Liz Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    I

                 apologize, I had one additional question, if

                 the sponsor would kindly yield.

                            ACTING PRESIDENT MEIER:    Senator



                                                        4917



                 Flanagan, do you continue to yield?

                            SENATOR FLANAGAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor very patiently yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Thank you, Senator.

                            The Assembly has already passed

                 their A9062, the lobbying bill that was passed

                 last year and has been passed again this year.

                 Is it your understanding that they might be

                 taking up a same-as bill with your S7628 this

                 session?

                            SENATOR FLANAGAN:    Hopes springs

                 eternal, Senator Krueger.  I would love to be

                 able to prevail upon Assemblyman Grannis to

                 see the wisdom and the merits of this piece of

                 legislation.

                            So, in all sincerity, I've had

                 discussions with him over the course of the

                 last couple of days.  My fervent hope, I think

                 along with many other people in this chamber,

                 is that we can effectuate some type of

                 compromise.

                            I think the people of this state

                 would be well served by passing this bill as



                                                        4918



                 is and having a chapter.  But if there are

                 those who feel differently and something needs

                 to be negotiated to effectuate a compromise, I

                 think we stand ready to do that.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Mr. President, on the bill.

                            I have to say I'm encouraged that

                 we have this bill.  It's been significantly

                 changed from last year.

                            I have concerns, as I've raised.  I

                 think there are still several unanswered

                 questions in the bill and in some of the new

                 changes in the bill, including I wish we had

                 more clarification of who's defined as being

                 in a position of influence, who may or may not

                 be playing a specific role in relationship to

                 the contracts with the agencies, given what

                 their titles may or may not be in their

                 corporations.

                            I'm concerned that we still find

                 ourselves in a situation where we might not

                 clearly be able to understand who is

                 intervening in a procurement decision and

                 whether or not that's considered appropriate

                 with or without reporting to the Lobbying



                                                        4919



                 Commission.

                            I agree with Senator Flanagan on

                 expanding the 15-day cure and to recognize

                 that some people will just get it wrong, at

                 least initially, and we want to give them an

                 opportunity to clarify the situation.

                            But I'm also concerned that unless

                 we have a bill in both houses that is the same

                 bill, we're not moving forward, we're just

                 talking about lobbying reform.  And as I had

                 called on us to have a conference committee

                 between the two houses on lobbying reform

                 months and months ago, I'm disappointed that

                 on officially the last day of the session we

                 have not had a conference committee between

                 the two houses.  We still have two different

                 bills.

                            Last year we believed up until the

                 very last minute of the very last night of

                 session that we had a three-way agreement on

                 the bill that the Assembly continues to carry

                 and pass.

                            And so I am still hesitant about

                 whether to support or not support this bill,

                 because of my desire for us to move forward on



                                                        4920



                 lobbying reform and my frustration that I

                 don't think this is the ideal bill.

                            So I'm going to withhold my

                 decision pending a few other questions from my

                 colleagues.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  On the bill.

                            I do have some questions, but I'm

                 not going to address them to the sponsor

                 because, in all honesty, I think he's answered

                 as sincerely as he can.  I don't think he can

                 answer the questions.

                            The question is when you have an

                 effort to reform the status quo in this town,

                 there are a lot of people who do not want that

                 reform to go through.  And when you have an

                 effort to do something as essential as

                 limiting the power of lobbyists, restricting

                 the access of lobbyists to legislators and to

                 the members of government agencies that make

                 so many decisions about the billions of

                 dollars that are entrusted to our care by the



                                                        4921



                 taxpayers, there are a lot of people who don't

                 want to see such reforms go through.

                            And based on my understanding of

                 the position of the Assembly now, I'm afraid

                 that what we're doing today is what we did

                 last year.  The Assembly has passed a lobbying

                 reform bill.  They are not going to pass this

                 bill in its present form.  It is the last day

                 of session.  By passing a bill different than

                 the Assembly's, we are now killing lobbying

                 reform for another year.

                            Now, as fate would have it, this

                 year we're in a session that doesn't appear to

                 really be about to end.  So Senator Flanagan's

                 hope, which is now only a hope, may yet be

                 fulfilled.  But it's only going to be

                 fulfilled if we stop this process of

                 pretending we're for lobbying reform and

                 passing one-house bills.

                            There are people who have influence

                 in the Assembly who do not want lobbying

                 reform.  There are people who have influence

                 in this house who do not want lobbying reform.

                 We all understand that this is about changing

                 the way business is done in Albany, and the



                                                        4922



                 people who are profiting from the way business

                 is done in Albany don't want change.

                            So, my colleagues, I would urge

                 you -- I'm actually going to vote no, although

                 this bill is substantially improved, is a

                 substantial improvement over what was passed

                 by this house last year.  But I'm going to

                 vote no because this is the last day of

                 session.  We've had since February, when the

                 Assembly made its bill clear, to work

                 something out.  As Senator Krueger said, we

                 could have had a conference committee.

                            And I'm afraid that with all the

                 other issues that we're going to attempt to

                 resolve when we come back and do a special

                 session, the easiest issue to be left by the

                 side of the road is the one that the most

                 people in this town do not want to see come to

                 the floor, which is lobbying reform.

                            So unfortunately -- and I commend

                 Senator Flanagan for his hope.  You know, if

                 you don't have hope, you can never get

                 anything done.  But for this year, my hope of

                 actual lobbying reform and procurement reform

                 and the reforms that are so vitally needed



                                                        4923



                 here is very, very dim.

                            I think what we're doing today is

                 what we did last year.  I'm glad we're doing

                 it in daylight and not in the middle of the

                 night, as we did last year.  But we're passing

                 two one-house bills, and we're leaving Albany

                 one more year with no lobbying reform.

                            So I'm going to vote no.  I hope

                 that soon, someday, perhaps a special session

                 this year, we will have the opportunity to

                 vote on a bill that Senator Flanagan and his

                 counterparts in the Assembly have agreed on.

                 But in the absence of that, I cannot in good

                 conscience endorse one more year of bills that

                 pass each other in the night so we can go home

                 saying we passed lobbying reform, the Assembly

                 can go home and say they passed lobbying

                 reform, and the truth of the matter is we know

                 we haven't done it at all.

                            I'm going to vote no, Mr.

                 President.  Thank you.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 14.  This

                 act shall take effect immediately.



                                                        4924



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1713 are

                 Senators Hassell-Thompson, L. Krueger,

                 Onorato, Sabini, and Schneiderman.  Ayes, 52.

                 Nays, 5.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan.

                            SENATOR FLANAGAN:    To explain my

                 vote, please.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan, to explain his vote.

                            SENATOR FLANAGAN:    Mr. President,

                 just briefly.

                            I certainly pay close attention to

                 the comments of my colleagues, particularly

                 those of Senator Schneiderman, in relation to

                 this legislation.

                            I can only tell you what I know

                 personally.  I'm not going to speak for

                 others.  And I do know this.  In the course of

                 my first term here in the Senate, I have

                 always believed that Senator Bruno, in



                                                        4925



                 particular, has been an ardent advocate for

                 some type of reform.

                            Do I wish we could get it done in

                 April, do I wish we could get it done in

                 January and have a chapter?  Absolutely.  Do I

                 think we've made substantial progress since

                 last year?  I do think we have.  I am having

                 ongoing discussions.

                            And on a personal level, I really

                 would like to see this happen.  I would like

                 to see some effective change and reform in the

                 way the state does business.  Because it

                 affects all of us, it affects our

                 constituents, it affects our credibility as

                 legislators and as representatives of the

                 people.

                            So certainly as a member of the

                 Majority in this house, and working with

                 Senator Bruno, I firmly believe that he is

                 fully on board with achieving reform, and I do

                 believe that before year's end we can get that

                 reform chaptered and signed into law.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Flanagan will be recorded in the affirmative.



                                                        4926



                            The bill is passed.

                            Senator Spano.

                            SENATOR SPANO:    Can we return to

                 motions and resolutions.  I understand there's

                 some housekeeping at the desk.

                            ACTING PRESIDENT MEIER:    Motions

                 and resolutions.

                            Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    On behalf

                 of Senator Padavan, I move to amend Senate

                 Bill 5931B by striking out the amendments made

                 on 6/16 and restoring it to its previous print

                 number, 5931A.

                            ACTING PRESIDENT MEIER:    So

                 ordered.

                            SENATOR DeFRANCISCO:    I wish to

                 call up Senate Print Number 7599, recalled

                 from the Assembly, which is now at the desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1782, by Senator Padavan, Senate Print 7599,

                 an act to amend the Vehicle and Traffic Law.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.



                                                        4927



                            Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    Mr.

                 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 MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT MEIER:    The bill

                 is before the house.

                            Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    I now move

                 that the Senate bill have its third reading at

                 this time.

                            ACTING PRESIDENT MEIER:    The bill

                 will have its third reading, and the Secretary

                 will record the same vote as when the bill was

                 previously voted upon.

                            THE SECRETARY:    Calendar Number

                 1782, by Senator Padavan, Senate Print 7599,

                 an act to amend the Vehicle and Traffic Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.



                                                        4928



                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Stavisky.

                            SENATOR STAVISKY:    Mr. President,

                 with unanimous consent, I wish to be recorded

                 in the negative on Calendar 1713.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Stavisky will be recorded

                 in the negative on Calendar 1713.

                            Senator Spano.

                            SENATOR SPANO:    Mr. President,

                 are there any substitutions at the desk?

                            ACTING PRESIDENT MEIER:    Yes,

                 there are, Senator.

                            SENATOR SPANO:    I ask that they

                 be made at this time.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the substitutions.



                                                        4929



                            THE SECRETARY:    On page 39,

                 Senator Kuhl moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 10323

                 and substitute it for the identical Senate

                 Bill Number 2504, Third Reading Calendar 1330.

                            On page 42, Senator Saland moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 10496A and substitute it

                 for the identical Senate Bill Number 6674A,

                 Third Reading Calendar 1397.

                            On page 43, Senator Padavan moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 11070A and substitute it

                 for the identical Senate Bill Number 2731A

                 Third Reading Calendar 1478.

                            On page 48, Senator Bruno moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11075A and substitute it

                 for the identical Senate Bill Number 7530A,

                 Third Reading Calendar 1756.

                            On page 48, Senator Little moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11368 and substitute it

                 for the identical Senate Bill Number 7558,

                 Third Reading Calendar 1765.



                                                        4930



                            And on page 48, Senator Little

                 moves to discharge, from the Committee on

                 Rules, Assembly Bill Number 11369 and

                 substitute it for the identical Senate Bill

                 Number 7560, Third Reading Calendar 1767.

                            ACTING PRESIDENT MEIER:

                 Substitutions ordered.

                            Senator Spano.

                            SENATOR SPANO:    Reports of

                 standing 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 4975B, by Senator

                 Marcellino, an act to amend the Environmental

                 Conservation Law;

                            5681B, by Senator Golden, an act to

                 amend the Education Law;

                            6820, by Senator Farley, an act to



                                                        4931



                 amend the Uniform City Court Act;

                            7327, by Senator LaValle, an act to

                 amend the Tax Law;

                            7340A, by Senator Alesi, an act

                 relating to the establishment;

                            7407B, by Senator Morahan, an act

                 authorizing;

                            7513A, by Senator Spano, an act to

                 amend the Executive Law;

                            7572, by Senator Parker, an act to

                 authorize;

                            7575, by Senator Seward, an act to

                 amend the Insurance Law;

                            7582, by Senator Spano, an act to

                 amend the Public Health Law;

                            7585, by the Senate Committee on

                 Rules, an act to amend the Public Authorities

                 Law;

                            And Senate Print 7623, by Senator

                 Mendez, an act to authorize the City of

                 New York.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.



                                                        4932



                            SENATOR SPANO:    Move to accept

                 the Rules Committee report.

                            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 Spano.

                            SENATOR SPANO:    Mr. President,

                 can we have the noncontroversial reading of

                 Supplemental Calendar 59A.

                            ACTING PRESIDENT MEIER:    First

                 let me recognize Senator Andrews.

                            SENATOR ANDREWS:    Yes, Mr.

                 President.  I'd like to request unanimous

                 consent to be recorded in the negative on

                 Calendars 1216 and 1713.

                            ACTING PRESIDENT MEIER:    Without

                 objection Senator Andrews will be recorded in

                 the negative on Calendars 1216 and 1713.

                            Senator Spano.



                                                        4933



                            SENATOR SPANO:    Can we have the

                 noncontroversial reading of Supplemental

                 Calendar 59A.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will conduct the noncontroversial

                 reading of Supplemental Calendar 59A.

                            THE SECRETARY:    Calendar Number

                 1792, by Senator Marcellino, Senate Print

                 4975B, an act to amend the Environmental

                 Conservation 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:    Those recorded in

                 the negative on Calendar Number 1792 are

                 Senators DeFrancisco, Meier, and Nozzolio.

                 Also Senator McGee.  Ayes, 53.  Nays, 4.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Spano.

                            SENATOR SPANO:    Can we have an



                                                        4934



                 immediate meeting of the Finance Committee in

                 the Majority Conference Room.

                            ACTING PRESIDENT MEIER:

                 Immediate meeting of the Finance Committee in

                 the Majority Conference Room.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 1793, by Senator Golden, Senate Print 5681B,

                 an act to amend the Education 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, 57.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1794, by Senator Farley, Senate Print 6820, an

                 act to amend the Uniform City Court Act.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.



                                                        4935



                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1795, by Senator LaValle, Senate Print 7327,

                 an act to amend the Tax Law.

                            ACTING PRESIDENT MEIER:    There is

                 a local fiscal impact note at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1796, by Senator Alesi, Senate Print 7340A, an

                 act relating to the establishment.



                                                        4936



                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 9.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1797, by Senator Morahan, Senate Print 7407B,

                 an act authorizing the Town of Clarkstown.

                            ACTING PRESIDENT MEIER:    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 MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.



                                                        4937



                            THE SECRETARY:    Calendar Number

                 1798, by Senator Spano, Senate Print 7513A, an

                 act to amend the Executive Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect June 30, 2005.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1800, by Senator Seward, Senate Print 7575, an

                 act to amend the Insurance Law, in relation to

                 the definition.

                            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, 57.



                                                        4938



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1801, Senator Spano moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 793A and substitute it

                 for the identical Senate Bill Number 7582,

                 Third Reading Calendar 1801.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1801, by Member of the Assembly Pretlow,

                 Assembly Print Number 793A, 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 80th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.



                                                        4939



                            THE SECRETARY:    Calendar Number

                 1802, by the Senate Committee on Rules, Senate

                 Print Number 7585, an act to amend the Public

                 Authorities Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1803, by Senator Mendez, Senate Print 7623, an

                 act to authorize the City of New York.

                            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.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        4940



                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Spano, that completes

                 Supplemental Calendar 59A.

                            Senator Spano.

                            SENATOR SPANO:    Can we return to

                 Calendar 1788, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1788.

                            THE SECRETARY:    Calendar Number

                 1788, by the Senate Committee on Rules, Senate

                 Print Number 7619, an act to amend the

                 General --

                            SENATOR HASSELL-THOMPSON:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos, Senator Hassell-Thompson has requested

                 an explanation.

                            SENATOR SKELOS:    Thank you, Mr.

                 President.

                            This bill will extend the Empire

                 Zone program for one year, to July 31, 2005.

                 During that time, the Legislature will be able

                 to review the entire system to see what



                                                        4941



                 reforms are needed.

                            The bill will improve

                 accountability, including subjecting the local

                 zone administrative boards to the Public

                 Officers Law, requiring them to adopt bylaws,

                 and require the business certificates to be

                 approved by the full board rather than just

                 one administrator.

                            It would require businesses to file

                 a one-time report specifying their real

                 property tax credits claim for 2001, 2002, and

                 2003, and employment numbers, and would apply

                 the employment test for new businesses to

                 electric generating utilities.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  On the bill.

                            This program, which is modestly

                 reformed by the bill before us, essentially

                 would be extended into -- with most of its

                 provisions still intact.  The bill does bury

                 the tax credits.  It closes some loopholes.

                 It has some additional requirements for the

                 local boards.



                                                        4942



                            But I respectfully submit that more

                 reform is required.  The Empire Zone program

                 is a program that has lost its moorings.

                            In August 2003, Good Jobs First, a

                 Washington-based public policy organization,

                 issued a report surveying Empire Zone programs

                 and their counterparts all over the country,

                 and was highly critical of New York's zone

                 program for designating zones "in areas with

                 low unemployment rates" and for "losing its

                 ability to provide targeted economic relief to

                 distressed areas."

                            The problem we've got is that the

                 Empire Zone program is not any longer getting

                 into poor neighborhoods, targeting tax relief

                 to create jobs where they are most needed.  We

                 have lost the principles of contiguity.

                 Empire Zones can now be spread out over

                 various areas; they don't even have to be

                 geographically contiguous.  They are not in

                 the areas of highest unemployment in the

                 state, and particularly in the City of

                 New York, which has a significantly much

                 higher unemployment rate than the state as a

                 whole.



                                                        4943



                            I would urge my colleagues that for

                 us to extend a program without addressing

                 these issues, we're endorsing a policy by

                 which, out of the 72 zones in the state, there

                 are only 10 in the City of New York.  And

                 since September 11th, when the city suffered

                 its worst crisis in history, we have created

                 no new zones in the City of New York, not even

                 in Lower Manhattan.

                            There is a need to reform this

                 program.  The Comptroller of the State of

                 New York in April issued an extensive report

                 providing in exquisite detail reforms to

                 ensure that these programs work, that they

                 actually create jobs and that businesses are

                 not getting credit disproportionate to the

                 jobs they create.

                            I note that -- and the

                 Comptroller's report documents all of this --

                 in one zone a real estate holding company

                 reported creating one job that paid $10,000.

                 They made no capital investments, and they

                 received a real property tax credit of

                 $137,000.

                            In another zone in Central



                                                        4944



                 New York, a real estate development company

                 created one job that paid $26,000, and they

                 received a property tax credit of $250,000 and

                 a tax reduction credit of $13,700.

                            We have to reform a program like

                 this.  This is becoming similar to the

                 Pentagon's purchasing of $400 wrenches.

                            It's not easy to get things done at

                 this point in the session, I understand, and

                 agreement with the Assembly is difficult at

                 this point.  I know that Senator Bruno has

                 stated that we're going to work even when

                 we're not in session to try and resolve a lot

                 of issues before we come back to pass a budget

                 and do other things.

                            But I would urge my colleagues that

                 this bill falls far short of the reform that

                 is required for the Empire Zone program, that

                 this program should not be renewed without

                 these reforms, and that particularly for any

                 of my colleagues in the City of New York, the

                 abuse of the city by those that administer the

                 Empire Zone program and by the designation

                 process for the program must end.

                            So I'm going to vote no.  I hope



                                                        4945



                 that we're going to come up with something

                 better than this when we come back for

                 whenever the next one of our floating sessions

                 is.  But this legislation falls far short of

                 the reforms that are required.

                            Let's not have a program that is

                 ranked among the worst in the country by a

                 national survey.  Let's have a program worthy

                 of the term "Empire."  Let's pass a better

                 reform bill.

                            I'm going to vote no, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator

                 McGee.

                            SENATOR McGEE:    Mr. President,

                 will the sponsor yield for a question.

                            SENATOR SKELOS:    Yes.

                            SENATOR McGEE:    Thank you.

                            Senator Skelos, can you tell me --

                 I know that some of the contact or some of the

                 talk has been that there's a specific number

                 of jobs that have to be created.  I think in

                 one print there was a --

                            SENATOR SKELOS:    No, there are no

                 specific amount of jobs that have to be



                                                        4946



                 created.

                            SENATOR McGEE:    Good.

                            And how about -- I guess I want to

                 know, is there expansion of the zones?  In

                 other words, in a rural area we need to be

                 able to have the flexibility to be able to

                 expand, to not necessarily be contiguous,

                 et cetera, et cetera.  Is that still in here?

                            SENATOR SKELOS:    This bill holds

                 the program in place.

                            As you know, Senator McGee, it's

                 been Senator Bruno and the Majority's position

                 that there should be at least on Empire Zone

                 in every county, and that we are -- remember,

                 with the Next Gen task force we talked about

                 more flexibility throughout the state in

                 designating Empire Zones.  But this is really

                 just an extension of the program.

                            SENATOR McGEE:    That's good.

                 Thank you very much.

                            I do agree that there has to be an

                 accountability of Empire Zones, but I do know

                 that Empire Zones in a rural area are

                 extremely important to us.  And in an Empire

                 Zone, one size does not necessarily fit all in



                                                        4947



                 every county that we have in the State of

                 New York.

                            And I would encourage this

                 Legislature to move forward to make sure that

                 every county in the State of New York has an

                 Empire Zone and puts us all on an equal

                 footing.  Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Liz Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  Briefly on the bill.  Thank

                 you, with your permission.

                            I can't believe that we want to

                 extend this program for another year.  It's a

                 public embarrassment to the State of New York.

                            I've participated in hearings

                 around the questions around the Empire Zones.

                 Senator Schneiderman mentioned just a few of

                 the disturbing findings.

                            To sum it up, the State of New York

                 may or may not be spending $400 million a year

                 on the Empire Zone program.  I say "may be"

                 because what we've learned is under the

                 program as it stands now, the agency

                 overseeing the Empire Zones, the Economic



                                                        4948



                 Development Corporation -- ESDC, Empire State

                 Development Corporation, excuse me, doesn't

                 even keep track of the tax deductions and

                 credits going out because that's handled by a

                 separate state agency, Tax and Finance.  And

                 they don't even have a database that compares

                 notes with each other on this program.

                            We know we're desperate for funds,

                 we talk about it all the time.  We propose

                 cuts to other vital services.  We don't expand

                 money for critical programs in the State of

                 New York.  We can't resolve education funding

                 or health care funding.  And yet we're

                 prepared to continue for another year a

                 program that may be in fact wasting up to

                 $400 million of the taxpayers' money by

                 continuing this program.

                            I have a bill called "Corporate

                 Accountability."  It has not been taken up on

                 the floor of the Senate, but even absent

                 Empire Zone specific reforms, it would ensure

                 that any time a company in the State of

                 New York got any kind of tax credit, tax

                 exemption, contract, or deal with the State of

                 New York, it would have to record that



                                                        4949



                 information in a formal specific way, everyone

                 would have to follow the same rules, the data

                 would be collected as part of the budget

                 process.  There would be transparency, the

                 public would know who was getting our money or

                 who were getting tax exemptions, we would know

                 and be able to hold accountable those

                 corporations who made deals with the people of

                 the State of New York but then apparently

                 failed to follow through.

                            It's a simple proposal that could

                 dramatically improve accountability and

                 transparency in job creation, job retention,

                 and economic development models throughout the

                 State of New York, not just Empire Zones.

                            Even if we couldn't come to

                 agreement on all the various proposals for

                 changes in the Empire Zone program, I would

                 argue we could have moved that bill forward,

                 which would help protect us all in the absence

                 of satisfactory resolution to the Empire Zone

                 program.

                            While I rarely would argue we're

                 better off letting a program sunset when we

                 can't agree between the two houses, I would



                                                        4950



                 argue that the State of New York would be

                 better off letting this program sunset than

                 continue under this proposal, which does not

                 reform the program.

                            I'll be voting no.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Volker.

                            SENATOR VOLKER:    Madam President,

                 I hesitate to get into what I truly believe to

                 be political debates.  But I think I have to

                 say something, because the Empire Zone issue

                 is a fascinating issue.

                            It's saved thousands and thousands

                 of jobs.  But it's a classic example -- a

                 Democrat Assemblyman from downstate, this is a

                 friend of mine, has been running around the

                 state telling everybody about how terrible

                 this program is, it hasn't saved any money, it

                 hasn't saved any jobs.  And he repeats about

                 the fact that many of these companies haven't

                 reached their level of jobs that they promised

                 to approve.

                            Fails to mention a couple of small

                 problems -- like 9/11, like a recession, the



                                                        4951



                 fact that companies -- and I can cite you a

                 bunch of companies in my district, and we're

                 now looking at them.  And they're asking for

                 more money, and they're not being given it

                 because of the fact they haven't reached the

                 number of jobs.

                            But the reason you never heard this

                 before is because they did before.  But then

                 came 9/11, the greatest hit on New York's

                 economy in the history of the country.  We are

                 still reeling from it -- we're much better;

                 we're coming back -- and the recession that

                 followed, because the initial recession was

                 nothing compared to what happened after 9/11.

                            You know that we had $5 billion

                 surplus the day 9/11 occurred?  $5 billion.

                 Within six months we were at ground zero, and

                 with another six months we had a $10 billion

                 deficit.

                            Now, the problem here is I want to

                 challenge anyone to tell me -- several

                 companies in my district are now being

                 challenged about their money.  But I have

                 asked several of the unions in my area, and

                 I'm very close to many of the unions, Do you



                                                        4952



                 want us to pull that money back and have them

                 leave the state?  Is that what you want?  Oh,

                 no, no, no, we don't want to do that.

                            Well, that's what some of them are

                 saying; if we pull back on our commitments,

                 they'll leave the state.  Of course we're

                 telling them, You're not getting any more

                 money, that's for sure.  And if you don't come

                 up in the next year or so with some additional

                 jobs -- which most of them are now, because

                 the economy is really coming back.

                            My region, by the way, is doing

                 much better than most of the regions of the

                 state -- doing better, in many ways, than

                 New York City.  And the reason has to do with

                 the stories in the paper saying New York City

                 is producing more jobs than -- well, they have

                 to.  They were down way below everybody else.

                 New York City had a 10 percent unemployment

                 rate for a considerable period of time.  We've

                 never had that in Western New York during this

                 last three or four years, even though 9/11 hit

                 us also.

                            I think the problem here is -- and

                 I understand most of these Empire Zones are in



                                                        4953



                 Republican districts upstate.  So the politics

                 of it is you say this is a terrible program,

                 it's awful.

                            Of course, you go back a few years

                 before 9/11, you'll find out the Empire Zones

                 were doing extremely well.  But since the

                 recession -- national.  It isn't local, it's

                 national companies that are having the

                 problems.

                            And by the way, it's not taxes and

                 all that stuff.  It's -- many of the companies

                 in Western New York, I've gone to them and

                 said:  What's the problem?  They said:  Wages.

                 The problem is that New York's wages are

                 higher than many areas -- certainly in the

                 world -- in the country.

                            And then they say we've got to

                 reduce workers' comp rates.  Is that because

                 workers' comp rates are so outrageous?  Well,

                 they are outrageous when the wages are high.

                            The point I'm trying to make is I

                 understand it's good politics to attack Empire

                 Zones.  It's especially good politics when you

                 don't have to deal with it in an individual

                 basis.  But the truth is that Empire Zones



                                                        4954



                 have saved thousands of jobs across the state.

                            And there is an accountability

                 issue since the recession, and we're trying to

                 deal with it.  I've got one company in my

                 district that brought on 350 jobs instead of

                 500, and they've been challenged to give the

                 money back.  Of course they say if they give

                 the money back, then they may pull out.  And

                 we're saying, well, at least you got to give

                 some of it back.

                            So there are a lot of incidents

                 going on right now where companies are being

                 looked at in terms of what they wanted to

                 produce or said they were going to produce

                 versus what they have produced.

                            The problem that my good friend

                 from downstate didn't do, he looked at it from

                 way back.  He hasn't paid any attention since

                 then.  Because things have changed in many

                 places.  The truth is the Empire Zones are now

                 doing better.

                            And some of these companies we are

                 hoping against hope can produce the numbers

                 that they said.  But if they don't, then

                 something has got to be done.  And we know



                                                        4955



                 that.

                            But let me just say the difficulty

                 is you want to bring this state into big

                 trouble?  Get rid of the Empire Zone program.

                 Get rid of it.  And that will cripple upstate

                 New York.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 15.  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 1788 are

                 Senators Dilan, Duane, L. Krueger, Onorato,

                 Paterson, Sabini, Schneiderman, A. Smith, and

                 Stavisky.  Ayes, 48.  Nays, 9.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Seward.

                            SENATOR SEWARD:    Yes, Madam

                 President.  I would ask for unanimous consent

                 to be recorded in the negative on 1771 that

                 passed earlier today.



                                                        4956



                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Dilan.

                            SENATOR DILAN:    Yes, Madam

                 President, I request unanimous consent to vote

                 in the negative on 1713, Senate Print S7628.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Spano.

                            SENATOR SPANO:    Madam President,

                 can we return to reports of standing

                 committees.

                            I understand there's a report of

                 the Finance Committee at the desk.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Johnson,

                 from the Committee on Finance, reports the

                 following nominations:

                            As a member of the Metropolitan

                 Transportation Authority, James L. Sedore,

                 Jr., of Fishkill.

                            As a member of the New York State

                 Bridge Authority, James P. Sproat, of

                 LaGrangeville.



                                                        4957



                            As members of the Rochester-Genesee

                 Regional Transportation Authority, Allen S.

                 Bernstein, of Rochester, and James H. Redmond,

                 of Rochester.

                            As a member of the Port of Oswego

                 Authority, Steven W. Thomas, of Oswego.

                            As a member of the Board of

                 Trustees of the City University of New York,

                 Joseph J. Lhota, of Brooklyn.

                            As members of the Board of Trustees

                 of Cornell University, Jerold R. Ruderman,

                 Esquire, of Scarsdale, and Richard J.

                 Schwartz, of New York City.

                            As a public member of the State

                 Banking Board, Jeffrey Hwang, of New York

                 City.

                            As a member and chairperson of the

                 Freshwater Appeals Board, Rhonda K. Amoroso,

                 Esquire, of Garden City.

                            As a member of the Long Island

                 State Park, Recreation and Historic

                 Preservation Commission, Herbert M. Balin,

                 Esquire, of Bay Shore.

                            As members of the Mental Health

                 Services Council, Edwin Ginsburg, D.M.D., of



                                                        4958



                 Great Neck, and Richard Nelson Rosenthal,

                 M.D., of New York City.

                            As members of the State Hospital

                 Review and Planning Council, Richard Nelson

                 Rosenthal, M.D., of New York City, and Ingrid

                 Jimenez, of Flushing.

                            As a member of the Board of

                 Visitors of the Agricultural and Industrial

                 School At Industry, Karla F. Boyce, of

                 Pittsford.

                            As a member of the Board of

                 Visitors of the Capital District Psychiatric

                 Center, Richard Jackson, Jr., of Averill Park.

                            As a member of the Board of

                 Visitors of the Richard H. Hutchings

                 Psychiatric Center, Myrlene M. Jones, of

                 Syracuse.

                            And as a member of the Board of

                 Visitors of the New York State Home for

                 Veterans and their Dependents at Oxford, Wilma

                 T. Champlin, of Downsville.

                            ACTING PRESIDENT McGEE:    The

                 question is on the confirmation of the names

                 and officers as read by the Secretary.  All

                 those in favor signify by saying aye.



                                                        4959



                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    Those

                 mentioned by the Secretary are hereby

                 confirmed in their respective offices.

                            Senator Spano.

                            SENATOR SPANO:    Can we stand at

                 ease, Madam President.

                            ACTING PRESIDENT McGEE:    The

                 Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 2:25 p.m.)

                            ACTING PRESIDENT McGEE:    Senator

                 Maziarz.

                            SENATOR MAZIARZ:    Yes, Madam

                 President.  Would you please recognize Senator

                 Seward.

                            ACTING PRESIDENT McGEE:    Senator

                 Seward.

                            SENATOR SEWARD:    Thank you, Madam

                 President.

                            I would request unanimous consent

                 to be recorded in the negative on Calendar



                                                        4960



                 Number 1792, that passed earlier today when I

                 was unavoidably out of the chamber.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR SEWARD:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Robach.

                            SENATOR ROBACH:    Madam President,

                 would you recognize Senator Malcolm Smith,

                 please.

                            ACTING PRESIDENT McGEE:    Senator

                 Malcolm Smith.

                            SENATOR MALCOLM SMITH:    Thank

                 you, Madam President.  I request unanimous

                 consent to be recorded in the negative on

                 Calendar Number 1713, S7628.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR MALCOLM SMITH:    Thank

                 you.

                            ACTING PRESIDENT McGEE:    Senator

                 Robach.

                            SENATOR ROBACH:    Madam President,

                 for the information of the members, we will be

                 taking up a supplemental active list in about



                                                        4961



                 five minutes.

                            ACTING PRESIDENT McGEE:    The

                 Senate will continue to stand at ease for

                 about five minutes.

                            Thank you.

                            (Whereupon, the Senate reconvened

                 at 3:03 p.m.)

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could take up the supplemental active

                 list at this time, noncontroversial.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read the supplemental active

                 list, noncontroversial.

                            THE SECRETARY:    Calendar Number

                 427, by the Assembly Committee on Rules,

                 Assembly Print Number 11167, an act to amend

                 the Eminent Domain Procedure Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.



                                                        4962



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 633, by Senator Kuhl, Senate Print 6073A, an

                 act to amend the Penal 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.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 660, by Member of the Assembly Gantt, Assembly

                 Print Number 3545, an act to amend the

                 Judiciary Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This



                                                        4963



                 act shall take effect on the first of January.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 922, by Member of the Assembly Canestrari,

                 Assembly Print Number 7143A, 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, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 979, by Senator Padavan, Senate Print 5931A,

                 an act authorizing the City of New York.

                            ACTING PRESIDENT McGEE:    There is



                                                        4964



                 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, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1233, by Member of the Assembly McLaughlin,

                 Assembly Print Number 2645B, an act to amend

                 the Executive Law and others.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect January 1, 2005.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        4965



                 1235, by Senator McGee, Senate Print 7116, 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.)

                            THE SECRETARY:    Ayes, 56.  Nays,

                 1.  Senator Spano recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1239, by Member of the Assembly McEneny,

                 Assembly Print Number 996A, 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 on the 180th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.



                                                        4966



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1262, by the Assembly Committee on Rules,

                 Assembly Print Number 10814A, an act to adjust

                 certain state aid payments.

                            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, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1359, by Senator Fuschillo, Senate Print

                 7108A, an act to authorize the Neighborhood

                 Assembly of God of Nassau.

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Madam President,

                 is there a message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    Yes,



                                                        4967



                 there is a message of necessity at the desk.

                            SENATOR SKELOS:    Move to accept.

                            ACTING PRESIDENT McGEE:    All in

                 favor of accepting the message of necessity

                 please 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 immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.  Nays,

                 1.  Senator Bonacic recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1397, by Member of the Assembly Manning,

                 Assembly Print Number 10496A, an act to amend

                 the Tax Law.



                                                        4968



                            ACTING PRESIDENT McGEE:    There is

                 a local fiscal impact note at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1478, by the Assembly Committee on Rules,

                 Assembly Print Number 11070A, 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, 57.

                            ACTING PRESIDENT McGEE:    The bill



                                                        4969



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1566, by the Senate Committee on Rules, Senate

                 Print Number 7466, an act to amend the

                 Administrative Code of the City of New York.

                            ACTING PRESIDENT McGEE:    There is

                 a home-rule message at the desk.

                            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, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1567, by the Senate Committee on Rules, Senate

                 Print Number 7467, an act to amend the

                 Administrative Code of 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 shall take effect July 1, 2004.



                                                        4970



                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1653, by Senator Larkin, Senate Print 7398, an

                 act to amend the Racing, Pari-Mutuel Wagering

                 and Breeding 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, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1658, by the Senate Committee on Rules, Senate

                 Print Number 7461, an act authorizing the City

                 of New York.

                            ACTING PRESIDENT McGEE:    There is



                                                        4971



                 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, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1765, substituted earlier today by the

                 Assembly Committee on Rules, Assembly Print

                 Number 11368, 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.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.



                                                        4972



                            THE SECRETARY:    Calendar Number

                 1766, by Senator Little, Senate Print 7559, an

                 act to amend the Public Officers Law.

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Madam President,

                 is there a message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    There

                 is.

                            SENATOR SKELOS:    Move to accept.

                            ACTING PRESIDENT McGEE:    All in

                 favor of accepting the message of necessity

                 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 immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        4973



                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1767, substituted earlier today by the

                 Assembly Committee on Rules, Assembly Print

                 Number 11369, an act to amend the Town 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, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1773, by Senator Nozzolio, Senate Print 7584,

                 an act to reopen Plan 384D of the New York

                 State and Local.

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Madam President,

                 is there a message at the desk?



                                                        4974



                            ACTING PRESIDENT McGEE:    Yes,

                 there is a message.

                            SENATOR SKELOS:    Move to accept

                 the message of necessity.

                            ACTING PRESIDENT McGEE:    All in

                 favor of accepting the message of necessity

                 will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            There is a home-rule message at the

                 desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Skelos, that completes the



                                                        4975



                 reading of the supplemental active list.

                            SENATOR SKELOS:    Thank you, Madam

                 President.

                            There's going to be a Rules

                 Committee meeting at 3:20, and at this time

                 the Senate will stand at ease.

                            ACTING PRESIDENT McGEE:    Rules

                 Committee meeting at 3:20 in the Majority

                 Conference Room.

                            At this time the Senate will stand

                 at ease.

                            Oh, I'm sorry.  Senator Spano.

                            SENATOR SPANO:    Please recognize

                 Senator Duane.

                            ACTING PRESIDENT McGEE:    Senator

                 Duane.

                            SENATOR DUANE:    Thank you, Madam

                 President.

                            If I may have unanimous consent to

                 be recorded in the negative on Calendar

                 Numbers 1653 and 1766.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Wright.

                            SENATOR WRIGHT:    Thank you, Madam



                                                        4976



                 President.

                            I request unanimous consent to be

                 recorded in the negative on Calendar Number

                 1790, Senate Print Number 7621.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Spano.

                            SENATOR SPANO:    The Senate will

                 stand at ease.

                            ACTING PRESIDENT McGEE:    The

                 Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 3:14 p.m.)

                            (Whereupon, the Senate reconvened

                 at 3:38 p.m.)

                            ACTING PRESIDENT BONACIC:

                 Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could please call up Senate Print 1746.

                            ACTING PRESIDENT BONACIC:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1746, by Senator Marcellino, Senate Print

                 7399B, an act to amend the Environmental

                 Conservation Law and the State Finance Law.



                                                        4977



                            SENATOR SKELOS:    Mr. President.

                            ACTING PRESIDENT BONACIC:    Senat

                 or Skelos.

                            SENATOR SKELOS:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT BONACIC:    There

                 is.

                            SENATOR SKELOS:    Move to accept.

                            ACTING PRESIDENT BONACIC:    All in

                 favor of accepting the message of necessity

                 will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT BONACIC:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT BONACIC:    The

                 message is accepted.

                            The Secretary will read.

                            And thank you, Senator Skelos.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT BONACIC:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.



                                                        4978



                            ACTING PRESIDENT BONACIC:    The

                 bill is passed.

                            Senator Marcellino, why do you

                 rise?

                            SENATOR MARCELLINO:    To explain

                 my vote.

                            ACTING PRESIDENT BONACIC:

                 Senator Marcellino, to explain his vote.

                            SENATOR MARCELLINO:    Mr.

                 President, this bill -- mercury is a

                 persistent and toxic pollutant, as we all

                 know, and this bill will help take it out of

                 the mainstream and help take it out of the

                 waste stream.  And that's a good thing.

                            This bill contains specific

                 provisions that would require the DEC to

                 accept labels on mercury-containing products

                 that have been approved by other states with

                 mercury labeling statutes.

                            This provision extends to those

                 states that have approved alternative labels

                 if the label meets the requirements of this

                 bill.  A very important point that I wanted to

                 make sure that we got on the record so that we

                 are clarified on the intent of this particular



                                                        4979



                 piece of legislation.

                            Thank you, Mr. President.

                            ACTING PRESIDENT BONACIC:    Thank

                 you, Senator Marcellino.

                            Senator Marcellino in the

                 affirmative.

                            The bill is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could return to reports of standing

                 committees, I believe there's a report of the

                 Rules Committee at the desk.

                            I ask that it be read at this time.

                            ACTING PRESIDENT BONACIC:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 1309, by Senator

                 Brown, an act to amend the Vehicle and Traffic

                 Law;

                            1831A, by Senator Maltese, an act

                 to amend the General Municipal Law;

                            2755B, by Senator Spano, an act to

                 amend the Social Services Law;



                                                        4980



                            2899, by Senator Maltese, an act to

                 amend the Administrative Code of the City of

                 New York;

                            3208A, by Senator Robach, an act to

                 amend the Civil Service Law;

                            4980C, by Senator DeFrancisco, an

                 act to amend the Family Court Act;

                            5361C, by Senator LaValle, an act

                 to amend the Education Law;

                            5385A, by Senator Spano, an act

                 authorizing;

                            5757A, by Senator Golden, an act to

                 amend the Agriculture and Markets Law;

                            5874, by Senator Maltese, an act to

                 amend the Administrative Code of the City of

                 New York;

                            6324, by Senator Maltese, an act to

                 amend the Workers' Compensation Law;

                            6450A, by Senator Volker, an act to

                 amend the General Municipal Law;

                            6479A, by Senator Spano, an act to

                 amend the Executive Law;

                            6519, by Senator Spano, an act to

                 amend the Criminal Procedure Law;

                            6700, by Senator Golden, an act to



                                                        4981



                 amend the Private Housing Finance Law;

                            7053, by Senator Hannon, an act

                 authorizing;

                            7154, by the Senate Committee on

                 Rules, an act to amend the Civil Service Law;

                            7184A, by Senator Padavan, an act

                 to amend the Local Finance Law;

                            7230, by Senator Maziarz, an act to

                 amend the Environmental Conservation Law;

                            7239, by Senator Mendez, an act to

                 amend the Private Housing Finance Law;

                            7309, by Senator Nozzolio, an act

                 to amend the Highway Law;

                            7384, by Senator Spano, an act to

                 provide;

                            7432, by Senator Golden, an act to

                 authorize;

                            7457, by Senator Golden, an act to

                 amend the Retirement and Social Security Law;

                            7517, by Senator Volker, an act to

                 amend Chapter 605 of the Laws of 2000;

                            7548, by Senator Leibell, an act to

                 amend the Correction Law;

                            7566, by the Senate Committee on

                 Rules, an act to amend the Village Law;



                                                        4982



                            7594, by the Senate Committee on

                 Rules, an act to amend a chapter of the Laws

                 of 2004;

                            7615, by the Senate Committee on

                 Rules, an act to amend the State Finance Law;

                            7626, by Senator Golden, an act in

                 relation to enacting;

                            7631A, by Senator Golden, an act to

                 amend the Agriculture and Markets Law;

                            7637A, by Senator Johnson, an act

                 to amend the Environmental Conservation Law;

                            7639, by Senator Volker, an act to

                 amend the General Obligations Law;

                            7640, by Senator Little, an act to

                 amend the Town Law;

                            7641, by Senator Volker, an act to

                 amend the Executive Law;

                            And Senate Print 7642, by Senator

                 Rath, an act to amend the Family Court Act and

                 others.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT BONACIC:

                 Senator Skelos.

                            SENATOR SKELOS:    Move to accept



                                                        4983



                 the report of the Rules Committee.

                            ACTING PRESIDENT BONACIC:    All in

                 favor of accepting the report of the Rules

                 Committee will signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT BONACIC:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT BONACIC:    The

                 report is accepted.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could now stand at ease once again.

                            ACTING PRESIDENT BONACIC:    The

                 Senate will stand at ease.

                            Thank you.

                            (Whereupon, the Senate stood at

                 ease at 3:45 p.m.)

                            ACTING PRESIDENT BONACIC:

                 Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could return to motions and resolutions,

                 I believe there's a resolution at the desk by

                 Senator Larkin.

                            If we could have the title read and



                                                        4984



                 move for its immediate adoption.

                            ACTING PRESIDENT BONACIC:    The

                 Secretary will read.

                            THE SECRETARY:    By Senator

                 Larkin, Legislative Resolution Number 5802,

                 honoring Boy Scouts of America Troop 118 of

                 Cornwall, New York, upon the occasion of its

                 25th anniversary.

                            ACTING PRESIDENT BONACIC:    All in

                 favor of the resolution please say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT BONACIC:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT BONACIC:    The

                 resolution is adopted.

                            The Senate will continue to stand

                 at ease.

                            (Whereupon, the Senate reconvened

                 at 4:13 p.m.)

                            ACTING PRESIDENT McGEE:    Senator

                 Robach.

                            SENATOR ROBACH:    Madam President,

                 at this time may we please adopt the

                 Resolution Calendar in its entirety.



                                                        4985



                            ACTING PRESIDENT McGEE:    All in

                 favor of adopting the Resolution Calendar will

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 Resolution Calendar is adopted.

                            Senator Robach.

                            SENATOR ROBACH:    Yes, Madam

                 President.  May we please have the

                 noncontroversial reading of Calendar 59B.

                            ACTING PRESIDENT McGEE:    Senator

                 Robach, we have one substitution to make,

                 please, and then we will go on with your

                 instructions.  Thank you.

                            The Secretary will read.

                            THE SECRETARY:    On page 5,

                 Senator Maltese moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 5550

                 and substitute it for the identical Senate

                 Bill Number 67, Third Reading Calendar 131.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.



                                                        4986



                            The Secretary will read Senate

                 Supplemental Calendar Number 59B.

                            THE SECRETARY:    Calendar Number

                 1804, 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, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1806, by Senator Spano, Senate Print 2755B, an

                 act to amend the Social Services Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.



                                                        4987



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1807, Senator Maltese moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 3087 and substitute it

                 for the identical Senate Bill Number 2899,

                 Third Reading Calendar 1807.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1807, by Member of the Assembly Seminerio,

                 Assembly Print Number 3087, an act to amend

                 the Administrative Code of the City of

                 New York.

                            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.



                                                        4988



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1808, by Senator Robach, Senate Print 3208A,

                 an act to amend the Civil Service 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, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1809, Senator DeFrancisco

                 moves to discharge, from the Committee on

                 Rules, Assembly Bill Number 7511A and

                 substitute it for the identical Senate Bill

                 Number 4980C, Third Reading Calendar 1809.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.



                                                        4989



                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1809, by Member of the Assembly Weinstein,

                 Assembly Print Number 7511A, an act to amend

                 the Family Court Act.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1810, by Senator LaValle, Senate Print 5361C,

                 an act to amend the Education Law, in relation

                 to the practice of interior design.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 9.  This

                 act shall take effect one year after the date

                 on which it shall have become a law.

                            ACTING PRESIDENT McGEE:    Call the



                                                        4990



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1811, Senator Spano moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11235A and substitute it

                 for the identical Senate Bill Number 5385A,

                 Third Reading Calendar 1811.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1811, by the Assembly Committee on Rules,

                 Assembly Print Number 11235A, an act

                 authorizing the County of Westchester.

                            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.



                                                        4991



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1812, Senator Golden moves to

                 discharge, from the Committee on Consumer

                 Protection, Assembly Bill Number 9041A and

                 substitute it for the identical Senate Bill

                 Number 5757A, Third Reading Calendar 1812.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1812, by the Assembly Committee on Rules,

                 Assembly Print Number 9041A, 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, 59.



                                                        4992



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1814, by Senator Maltese, Senate Print 6324,

                 an act to amend the Workers' Compensation 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.)

                            ACTING PRESIDENT McGEE:    Senator

                 Duane.

                            SENATOR DUANE:    Madam

                 President --

                            ACTING PRESIDENT McGEE:    Do you

                 wish to speak on the bill, Senator Duane?

                            SENATOR DUANE:    Yes, Madam

                 President.  Actually, to explain my vote.

                            ACTING PRESIDENT McGEE:    Senator

                 Duane, to explain his vote.

                            SENATOR DUANE:    Presently police

                 officers, firefighters, EMS workers,

                 correctional officers all have an HIV



                                                        4993



                 presumption, which means that they do not even

                 have to fill out an accident report in order

                 for it to be presumed that, if they are

                 infected with HIV, that they got it on the

                 job.

                            Much of that happened before I got

                 here.  Some of it happened when I got here.

                 All of it is absurd.

                            Better language was inserted into

                 the bills -- into a bill that would cover the

                 city correction officers, which at least said

                 that if there was an incident, it would have

                 to be reported before it would be assumed that

                 a correction officer became infected with HIV

                 because of something that happened on the job.

                 Which I don't think is ever going to happen,

                 because that's not how HIV is spread.  And

                 I've discussed that in this chamber numerous

                 times.

                            Now, court reporters and court

                 interpreters are going to be included, which

                 again is never, ever going to happen, because

                 no one will ever get infected by HIV in such a

                 casual manner.

                            However, because there has to be a



                                                        4994



                 report of some kind of incident, I think that

                 that will make it so that it will be shown

                 that no one will get HIV as a result of this

                 kind of incident.  So I'm going to vote for

                 the bill, because it does include the

                 improved, at least logical language on how HIV

                 can be transmitted, and which will also prove

                 that HIV will never be transmitted in such a

                 casual way.

                            So I'm going to vote yes, Madam

                 President, and perhaps we can focus on the

                 real issues of how HIV is transmitted and

                 focus on how to prevent that from happening.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Announce

                 the results.

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Oh, I'm sorry, Senator

                 Hassell-Thompson.

                            THE SECRETARY:    In relation to

                 Calendar Number 1814, ayes, 58.  Nays, 1.

                 Senator Hassell-Thompson recorded in the

                 negative.



                                                        4995



                            ACTING PRESIDENT McGEE:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Yes,

                 Madam President, to explain my vote.

                            There are very few times that

                 Senator Duane and I are not in total agreement

                 on this issue of transmission.  And while I

                 agree with him that the probability would

                 never be proved that a court officer or a

                 court interpreter would probably in fact be

                 infected in this manner, again, I think that

                 we continue to send inappropriate messages.

                            Part of the education about how a

                 disease is transmitted many times is lost in

                 the desire to cover everybody even when the

                 possibilities of their infection are near the

                 levels of impossible.

                            I will be voting no on this bill.

                 As someone who spent a lot of her life

                 educating people on the appropriate manner of

                 reduced risk and how in fact HIV and AIDS is

                 transmitted, I could not vote -- I could not

                 vote in support of this bill even though there

                 are persons who could be infected as a result

                 of this bill.



                                                        4996



                            But because of the inclusion of

                 court interpreters and court reporters, I

                 think it's inappropriate and it sends an

                 incorrect message to the people of the State

                 of New York.  Thank you.

                            ACTING PRESIDENT McGEE:    Thank

                 you.

                            The bill is passed.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 1815, by Senator Volker, Senate Print 6450A,

                 an act to amend the General Municipal 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 30th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        4997



                 1816, by Senator Spano, Senate Print 6479A, an

                 act to amend the --

                            SENATOR ROBACH:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1817, by Senator Spano, Senate Print 6519, an

                 act to amend the Criminal Procedure Law, in

                 relation to designating.

                            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, 58.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1818, Senator Golden moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11163 and substitute it

                 for the identical Senate Bill Number 6700,



                                                        4998



                 Third Reading Calendar 1818.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1818, by the Assembly Committee on Rules,

                 Assembly Print Number 11163, an act to amend

                 the Private Housing 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.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1819, by Senator Hannon, Senate Print 7053, an

                 act authorizing the waiver of interest and

                 penalties.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This



                                                        4999



                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1820, by the Senate Committee on Rules, Senate

                 Print Number 7154, an act to amend the Civil

                 Service 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 first of January.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1821, Senator Padavan moves to

                 discharge, from the Committee on Rules,



                                                        5000



                 Assembly Bill Number 11370A and substitute it

                 for the identical Senate Bill Number 7184A,

                 Third Reading Calendar 1821.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1821, by the Assembly Committee on Rules,

                 Assembly Print Number 11370A, 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.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1822, by Senator Maziarz, Senate Print 7230,

                 an act to amend the Environmental Conservation

                 Law.

                            ACTING PRESIDENT McGEE:    Read the



                                                        5001



                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT McGEE:    Senator

                 Oppenheimer, why do you rise?

                            SENATOR OPPENHEIMER:    I just want

                 to speak on the bill and say that I commend

                 Senator Maziarz for this bill, that a

                 hazardous waste landfill has very often been

                 placed in singular places where people have

                 the least opportunity to fight it.

                            And this is spreading it

                 geographically fairly across the state, and I

                 appreciate that.

                            Thank you.  I'm voting yes.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1823, by Senator Mendez, Senate Print 7239, an

                 act to amend the Private Housing Finance Law.

                            ACTING PRESIDENT McGEE:    Read the



                                                        5002



                 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, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1824, by Senator Nozzolio, Senate Print 7309,

                 an act to amend the Highway 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, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1825, Senator Spano moves to

                 discharge, from the Committee on Rules,



                                                        5003



                 Assembly Bill Number 11364 and substitute it

                 for the identical Senate Bill Number 7384,

                 Third Reading Calendar 1825.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1825, by the Assembly Committee on Rules,

                 Assembly Print Number 11364, an act to provide

                 for the composition.

                            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:    Those recorded in

                 the negative on Calendar Number 1825 are

                 Senators Marcellino, Rath and Saland.  Ayes,

                 56.  Nays, 3.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        5004



                 1826, by Senator Golden, Senate Print 7432, an

                 act to authorize 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 shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1827, by Senator Golden, Senate Print 7457, 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 16.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        5005



                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1829, Senator Leibell moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11599 and substitute it

                 for the identical Senate Bill Number 7548,

                 Third Reading Calendar 1829.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1829, by the Assembly Committee on Rules,

                 Assembly Print Number 11599, an act to amend

                 the Correction 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, 59.

                            ACTING PRESIDENT McGEE:    The bill



                                                        5006



                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1831, Senator Bruno moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11670 and substitute it

                 for the identical Senate Bill Number 7594,

                 Third Reading Calendar 1831.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1831, by the Assembly Committee on Rules,

                 Assembly Print Number 11670, an act to amend a

                 chapter of the Laws of 2004.

                            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

                 2004.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill



                                                        5007



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1832, by the Senate Committee on Rules, Senate

                 Print Number 7615, an act to amend the State

                 Finance Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 39.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Senator

                 Oppenheimer, to explain her vote.

                            SENATOR OPPENHEIMER:    To explain

                 my vote, please.

                            I'm very happy to see this bill

                 before us, in that it has only limited

                 exemptions from budget cuts.  It is by far the

                 better bill of the two that we were looking

                 at, in that the only exceptions will be public

                 assistance and federal funds.  We know that

                 the forward funding of education will put that

                 partially, at least, into the exemptions from

                 budget cuts.



                                                        5008



                            But certainly this is a very good

                 bill, something that we can be proud of,

                 something that we can say very positively has

                 come from this session.  We do not have too

                 many major achievements, and I think we can

                 look to this bill as being an important and

                 significant step that we have taken this year.

                            And I want to thank Senator Johnson

                 and all the people who were on the conference

                 committee with me.  It was a very good

                 experience and ended up with a very good bill.

                            I vote yes.

                            ACTING PRESIDENT McGEE:    Senator

                 Oppenheimer will be recorded in the

                 affirmative.

                            Announce the results.

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1833, by Senator Golden, Senate Print --

                            SENATOR ROBACH:    Lay it aside

                 temporarily, please.

                            ACTING PRESIDENT McGEE:    The bill

                 has been temporarily laid aside.



                                                        5009



                            THE SECRETARY:    In relation to

                 Calendar Number 1836, Senator Volker moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11677 and substitute it

                 for the identical Senate Bill Number 7639,

                 Third Reading Calendar 1836.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1836, by the Assembly Committee on Rules,

                 Assembly Print Number 11677, an act to amend

                 the General Obligations 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, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Saland.

                            SENATOR SALAND:    Madam President,



                                                        5010



                 I would request unanimous consent to be

                 recorded in the negative on Calendar Number

                 1831, Senate Number 7594.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  I'd like to request

                 unanimous consent to be recorded in the

                 negative on Calendar 1216, Senate 5148A, and

                 Calendar 1711, Senate 7617.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            ACTING PRESIDENT McGEE:    Thank

                 you.

                            Senator Robach, that completes the

                 noncontroversial reading of the calendar.

                            SENATOR ROBACH:    If we can stand

                 at ease momentarily, Madam President.

                            ACTING PRESIDENT McGEE:    The

                 Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 4:36 p.m.)

                            (Whereupon, the Senate reconvened



                                                        5011



                 at 4:39 p.m.)

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Madam President,

                 would you please call up Calendar 1816, by

                 Senator Spano.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1816, by Senator Spano, Senate Print 6479A, an

                 act to amend the Executive Law.

                            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, 59.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 there will be an immediate conference of the

                 Majority in the Majority Conference Room.



                                                        5012



                            ACTING PRESIDENT McGEE:    There

                 will be an immediate conference of the

                 Majority in the Majority Conference Room.

                            Senator LaValle.

                            SENATOR LaVALLE:    Madam

                 President, may I have unanimous consent to be

                 recorded in the negative on Calendar Number

                 1825.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            Immediate conference of the

                 Majority in the Majority Conference Room,

                 please.

                            (Whereupon, the Senate stood at

                 ease at 4:40 p.m.)

                            (Whereupon, the Senate reconvened

                 at 6:24 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.

                            SENATOR SPANO:    Can you please

                 recognize Senator Stachowski.

                            ACTING PRESIDENT MEIER:    Senator

                 Stachowski.

                            SENATOR STACHOWSKI:    Mr.

                 President, I'd like unanimous consent to be



                                                        5013



                 recorded in the negative on Calendars 1825 and

                 1831, please.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Stachowski will be recorded

                 in the negative on Calendar Numbers 1825 and

                 1831.

                            Senator Spano.

                            SENATOR SPANO:    Mr. President,

                 can we return to the original active list and

                 ask the Secretary to call up Calendar 1754.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1754.

                            THE SECRETARY:    Calendar Number

                 1754, by Senator Rath, Senate Print 7523A, an

                 act to authorizing the President of the State

                 University of New York.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.

                            SENATOR SPANO:    Mr. President, is

                 there a message of necessity at the desk?

                            ACTING PRESIDENT MEIER:    There is

                 a message at the desk.

                            SENATOR SPANO:    Move to accept

                 the message.

                            ACTING PRESIDENT MEIER:    All in



                                                        5014



                 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 SPANO:    Lay the bill

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            Senator Spano.

                            SENATOR SPANO:    Mr. President,

                 can we go to Supplemental Calendar 59B and ask

                 the Secretary to read Calendar Number 1830.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1830.

                            THE SECRETARY:    Calendar Number

                 1830, by the Senate Committee on Rules, Senate

                 Print Number 7566, an act to amend the Village

                 Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.



                                                        5015



                            SENATOR SPANO:    Is there a

                 message at the desk, Mr. President?

                            ACTING PRESIDENT MEIER:    Yes,

                 there is.

                            SENATOR SPANO:    Move 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.

                            (Response of "Nay.")

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            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.



                                                        5016



                            Senator Spano.

                            SENATOR SPANO:    Can we now have

                 Calendar 1834.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1834.

                            THE SECRETARY:    Calendar Number

                 1834, by Senator Golden, Senate Print 7631A,

                 an act to amend the Agriculture and Markets

                 Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.

                            SENATOR SPANO:    Is there a

                 message at the desk, Mr. President?

                            ACTING PRESIDENT MEIER:    There is

                 a message at the desk.

                            SENATOR SPANO:    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.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The



                                                        5017



                 message is accepted.

                            The bill is before the house.

                            Read the last section.

                            Senator Lachman.

                            SENATOR LACHMAN:    Yes, I believe

                 this bill is the so-called kosher laws bill.

                            ACTING PRESIDENT MEIER:    Yes, it

                 is, Senator.

                            SENATOR LACHMAN:    I know that we

                 have already adopted a bill that the State

                 Assembly adopted, and the bill that we adopted

                 in the Senate was only two or three hours ago.

                            If that is the case, and the two

                 bills that were adopted by the Senate and the

                 Assembly are identical, why are we even voting

                 on this bill?

                            I don't see Senator Golden in the

                 chamber.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.

                            SENATOR SPANO:    Yes, Mr.

                 President, would Senator Lachman like to ask a

                 question on the bill?  Or do you want to speak

                 on the bill?

                            ACTING PRESIDENT MEIER:    Senator



                                                        5018



                 Lachman.

                            SENATOR LACHMAN:    Mr. President,

                 I'd like to have the sponsor here, and I'd

                 like to speak on the bill and ask him a couple

                 of questions.

                            SENATOR SPANO:    We will lay this

                 bill aside temporarily, Mr. President.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside temporarily.

                            Senator Spano.

                            SENATOR SPANO:    Can we go to

                 1835, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1835.

                            THE SECRETARY:    Calendar Number

                 1835, by Senator Johnson, Senate Print 7637A,

                 an act to amend the Environmental Conservation

                 Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.

                            SENATOR SPANO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT MEIER:    There

                 is.

                            SENATOR SPANO:    I move that we



                                                        5019



                 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.

                            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, 59.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Spano.

                            SENATOR SPANO:    1837, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The



                                                        5020



                 Secretary will read Calendar 1837.

                            THE SECRETARY:    Calendar Number

                 1837, by Senator Little, Senate Print 7640, an

                 act to amend the Town Law and the General

                 Municipal Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.

                            SENATOR SPANO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT MEIER:    There

                 is.

                            SENATOR SPANO:    Move we 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.

                            Read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.



                                                        5021



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Spano.

                            SENATOR SPANO:    Mr. President,

                 can we return to Calendar 1834, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1834.

                            I'm sorry.  Senator LaValle.

                            SENATOR LaVALLE:    Mr. President,

                 may I have unanimous consent to be recorded in

                 the negative on Calendar Number 1835.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator LaValle will be recorded in

                 the negative on Calendar 1835.

                            The Secretary will read Calendar

                 1834.

                            THE SECRETARY:    Calendar Number

                 1834, by Senator Golden, Senate Print 7631A,

                 an act to amend the Agriculture and Markets

                 Law.

                            SENATOR SPANO:    Lay it aside



                                                        5022



                 temporarily.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside temporarily.

                            Senator Spano.

                            SENATOR SPANO:    1839, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1839, by Senator Rath, Senate Print 7642, an

                 act to amend the Family Court Act and others.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.

                            SENATOR SPANO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT MEIER:    There

                 is.

                            SENATOR SPANO:    Move that we

                 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.

                            (Response of "Nay.")



                                                        5023



                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Rath, an explanation has been requested by

                 Senator Krueger of Calendar 1839.

                            SENATOR RATH:    Okay, Senator.

                            Through you, Mr. President, this

                 bill creates a new Article 10A dealing with

                 permanency.

                            Some of the provisions are that

                 there will be continuing legal authority for

                 Article 10 or voluntary placements.  The law

                 guardian assigned to a child would continue to

                 represent the child throughout the time the

                 child is in placement.

                            Similarly, the respondent parent,

                 if eligible, would be provided an assigned

                 attorney throughout the life of the

                 proceedings.



                                                        5024



                            Both the law guardian and the

                 respondent parent's attorneys would receive

                 copies of all notices and motions.  A sworn

                 report will be needed instead of a petition.

                            And the proposal also would revise

                 case planning and reporting requirements to

                 provide earlier delineation and review of the

                 local district's implementation.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                 On the bill, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Well, this bill is a dilemma for

                 me, and I think for many people here it should

                 be.  Because Part A of the bill, which is a

                 relatively short section of the bill, is in

                 fact a requirement for us to become in

                 agreement with the federal rules on

                 expeditious permanency planning for children

                 who are in foster care placements.

                            But then the bill adds a Part B,

                 and Part B is where the dilemmas lie.  It's my



                                                        5025



                 understanding that this won't be a three-way

                 agreement this year because of the concerns

                 with Part B of the bill.

                            But to start to go through some of

                 those issues, Part B expands the lists of

                 aggravated circumstances where many of us

                 believe there's already proper coverage in the

                 state in existing law, even in cases where a

                 child has been placed in foster care for a

                 second time, and that the provision of

                 services to the family may be able to avoid

                 having to terminate parental rights.

                            What this bill is about is in what

                 situations can parental rights be terminated,

                 under what circumstances and on what timeline.

                            And I think all of us agree that we

                 want to ensure the best interests of children,

                 that we want to ensure that children don't

                 stay in foster care longer than necessary.  We

                 want to ensure that those children who can be

                 reunited with their families do so in as

                 expeditious timeline as possible, and those

                 children who can't are actually assured that

                 they can be moved into permanency planning.

                            And I know that Senator Rath feels



                                                        5026



                 that way, because I am on her committee and I

                 know that she is very committed, as I am, to

                 ensuring that we do the best things we can for

                 the children in our state if they find

                 themselves in the foster-care situation.

                            But frankly, the Part B section of

                 the bill, which is a large number of pages and

                 is not the agreed-upon sections with all

                 parties, are the sections that are of greater

                 concern.

                            And what I would hope, in order to

                 resolve this issue, is we might sometime -- I

                 would say before the end of session, although

                 that's a tricky question at a quarter to 7:00

                 on the 22nd -- but some time when we come back

                 in the summer, that perhaps we can come to

                 agreement on Part A of the bill and revisit

                 the issues in Part B that are of great concern

                 to many people who are in the child welfare

                 universe and don't share the position of

                 Senator Rath that this is the best option we

                 could go forward with.

                            So I will be voting no on the bill,

                 although I very appreciate the work you've

                 been doing, and wish that we just could deal



                                                        5027



                 with Part A of the bill and move that through.

                 So thank you.

                            Thank you, Mr. President.

                            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:    Those recorded in

                 the negative on Calendar Number 1839 are

                 Senators Duane, L. Krueger, and Schneiderman.

                 Ayes, 57.  Nays, 3.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Spano.

                            SENATOR SPANO:    Can we go to the

                 supplemental active list and take up the

                 noncontroversial reading of that list.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will conduct the noncontroversial

                 reading of the supplemental active list.

                            THE SECRETARY:    Calendar Number

                 879, by Senator Hoffmann, Senate Print 7150A,



                                                        5028



                 an act authorizing the Village of Dryden.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 905, by the Assembly Committee on Rules,

                 Assembly Print Number 11058A, an act to amend

                 the Town Law and the Public Officers 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



                                                        5029



                 is passed.

                            THE SECRETARY:    Calendar Number

                 915, by the Senate Committee on Rules --

                            ACTING PRESIDENT MEIER:    Senator

                 Spano, we've been informed there's a

                 substitution coming.

                            Lay the bill aside temporarily.

                            Senator Spano, could we return to

                 that one.  The substitution just arrived.

                            Calendar 915.  The Secretary will

                 read.

                            THE SECRETARY:    In relation to

                 Calendar Number 915, Senator Bruno moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11043 and substitute it

                 for the identical Senate Bill Number 7015,

                 Third Reading Calendar 915.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 915, by the Assembly Committee on Rules,

                 Assembly Print Number 11043, an act to amend

                 the General Municipal Law.

                            ACTING PRESIDENT MEIER:    There is



                                                        5030



                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1176, by Senator Seward --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1277, by Member of the Assembly McEneny,

                 Assembly Print Number 990C, an act to amend

                 the Retirement and Social Security Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the



                                                        5031



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1453, by Member of the Assembly Galef,

                 Assembly Print Number 10015A, 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.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Bonacic, to explain his

                 vote.

                            SENATOR BONACIC:    I'm voting in

                 support of Senator Leibell's bill, but I want

                 to not confuse the issue in the 42nd Senate



                                                        5032



                 District, where we're having severe problems

                 with the DEP, police enforcement for the

                 reservoir.

                            And my consent on this bill is in

                 no way a blessing to the expansion of DEP's

                 powers into the watershed areas for other law

                 enforcement measures other than to protect the

                 reservoir.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Bonacic will be recorded in the affirmative.

                            The bill is passed.

                            THE SECRETARY:    Calendar Number

                 1737, by Senator LaValle, Senate Print 7009C,

                 an act in relation to granting John Vitale

                 membership.

                            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.



                                                        5033



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Spano, that completes the

                 noncontroversial reading.

                            SENATOR SPANO:    Stand at ease for

                 a moment.

                            ACTING PRESIDENT MEIER:    The

                 Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 6:40 p.m.)

                            (Whereupon, the Senate reconvened

                 at 6:41 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.

                            SENATOR SPANO:    Mr. President,

                 can we return to motions and resolutions.  I

                 understand we have some housekeeping.

                            ACTING PRESIDENT MEIER:    Motions

                 and resolutions.

                            Senator McGee.

                            SENATOR McGEE:    Mr. President, on

                 behalf of Senator Hannon, on page number 35 I

                 offer the following amendments to Calendar

                 Number 1197, Senate Print Number 6656B, and

                 ask that said bill retain its place on Third



                                                        5034



                 Reading Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted, and the

                 bill will retain its place on the Third

                 Reading Calendar.

                            SENATOR McGEE:    Thank you.

                            Mr. President, on behalf of Senator

                 Balboni, I wish to call up his bill, Print

                 Number 7597, recalled from the Assembly, which

                 is now at the desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1780, by Senator Balboni, Senate Print 7597,

                 an act to amend the Real Property Law.

                            ACTING PRESIDENT MEIER:    Senator

                 McGee.

                            SENATOR McGEE:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed.

                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    Senator



                                                        5035



                 McGee.

                            SENATOR McGEE:    Mr. President, I

                 now offer the following amendments.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted.

                            SENATOR McGEE:    Mr. President, on

                 behalf of Senator DeFrancisco, I wish to call

                 up his bill, Print Number 7360A, recalled from

                 the Assembly, which is now at the desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1534, by Senator DeFrancisco, Senate Print

                 7360A, an act to amend the Executive Law.

                            ACTING PRESIDENT MEIER:    Senator

                 McGee.

                            SENATOR McGEE:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed.

                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    Senator

                 McGee.



                                                        5036



                            SENATOR McGEE:    Mr. President, I

                 now offer the following amendments.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted.

                            SENATOR McGEE:    Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano, we have one substitution.  Can we take

                 that now.

                            SENATOR SPANO:    Yes, we ask that

                 that be read.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the substitution.

                            THE SECRETARY:    On page 41,

                 Senator Libous moves to discharge, from the

                 Committee on Rules, Assembly Bill Number

                 10170A and substitute it for the identical

                 Senate Bill Number 6954, Third Reading

                 Calendar 1379.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            Senator Spano.

                            SENATOR SPANO:    Can we return to

                 Senator Golden's bill, Calendar 1834.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1834.



                                                        5037



                            THE SECRETARY:    Calendar Number

                 1834, by Senator Golden, Senate Print 7631A,

                 an act to amend the Agriculture and Markets

                 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.)

                            ACTING PRESIDENT MEIER:    Senator

                 Lachman, why do you rise?

                            SENATOR LACHMAN:    I rise to ask a

                 question.

                            Through you, Mr. Chairman, I would

                 like to know if Senator Golden is available

                 for a question on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Golden, do you yield for a question?

                            SENATOR GOLDEN:    I do, Mr.

                 President.

                            SENATOR LACHMAN:    Senator Golden,

                 I realize that a kosher bill, which is very

                 important to you and very important to me, was



                                                        5038



                 passed in this chamber about three or four

                 hours ago which is very similar, almost

                 identical to the bill passed in the Assembly.

                 Therefore, we do have a kosher law bill.

                            Now, what is the necessity in

                 having a second bill, which will only be a

                 one-house bill and will not pass the Assembly?

                            SENATOR GOLDEN:    It was a -- both

                 bills, by both the Governor and by the Speaker

                 of the Assembly, are very, very good bills.

                 There are some differences between those two

                 bills.

                            We submitted both bills to this

                 Senate floor for passage, and hopefully both

                 of those bills -- and hopefully the Assembly

                 will look at one or two of these bills and

                 work out a negotiated finish with the

                 Governor, Senator Bruno and the Senate

                 conference, and the Assembly Speaker and his

                 conference.

                            I think there is still room for

                 negotiation, and we put two bills out because

                 there are two good bills.

                            SENATOR LACHMAN:    Will the

                 sponsor continue to yield.



                                                        5039



                            ACTING PRESIDENT MEIER:    Senator

                 Golden, do you yield?

                            SENATOR GOLDEN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LACHMAN:    I preface my

                 remarks by saying that this Governor's bill is

                 different than the previous bill submitted by

                 the Governor.

                            SENATOR GOLDEN:    I do, yes.

                            SENATOR LACHMAN:    And it has many

                 positive features that the previous bill does

                 not have.

                            However, we already have passed

                 legislation in this field.

                            Now, are you saying that you're

                 hoping that even though we have now a

                 kosher-law bill that was passed by both houses

                 of the chamber, that there will be another

                 compromise to be passed by us?

                            SENATOR GOLDEN:    I am just a

                 simple Senator in a simple conference

                 addressing another simple Senator that is

                 doing a marvelous job of trying to get the

                 people's job done here in this great state.



                                                        5040



                            SENATOR LACHMAN:    Okay.  Since we

                 are both simpletons --

                            (Laughter.)

                            SENATOR LACHMAN:    -- and since I

                 did not get an answer to my question, will the

                 Senator continue to yield for another

                 question?

                            SENATOR GOLDEN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 Senator yields.

                            SENATOR LACHMAN:    Senator Golden,

                 am I incorrect in assuming that even though

                 you sponsored the previous bill -- which was

                 sponsored, I believe, by the Speaker in the

                 Assembly -- you're sponsoring this bill in the

                 hope of changing the bill that we have already

                 passed and will become law if the Governor

                 signs it?

                            SENATOR GOLDEN:    I don't

                 understand the problem.  There's a compromise,

                 hopefully.  If not, the Assembly has passed

                 their bill, we have passed our bill that will

                 be sent to the Governor, and hopefully the

                 Governor will sign that bill.

                            And if the Governor doesn't sign



                                                        5041



                 that bill, there's a bill there that can be

                 discussed by the Governor, the Senate, and the

                 Assembly.  I think you know how it works,

                 Senator.

                            SENATOR LACHMAN:    Yes.  Will the

                 Senator continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Golden, do you yield?

                            SENATOR GOLDEN:    I do.

                            ACTING PRESIDENT MEIER:    The

                 Senator yields.

                            SENATOR LACHMAN:    I'm aware, as

                 you know, of all the political ramifications

                 and the various organizations and pressures

                 that the Speaker and the Governor have been

                 subject to regarding this bill.  I think it's

                 a very important bill.  But I'm not sure I

                 would have done it this way.

                            I'm going to support it.  But if we

                 pass a bill which is identical to another

                 bill --

                            SENATOR GOLDEN:    They're not

                 identical, Senator.

                            SENATOR LACHMAN:    No.  The

                 previous bills that we passed were similar



                                                        5042



                 bills, they were the same bills.  We passed

                 it, your name appeared on it.  I believe the

                 Attorney General requested that your name

                 appear on it.  And it's good bill.

                            And now we have, three hours later,

                 another good bill coming to the floor.  I will

                 not oppose it.

                            SENATOR GOLDEN:    Thank you,

                 Senator.

                            SENATOR LACHMAN:    But I think --

                 but I think, at the same time, Senator, that

                 before we present a bill for our support in

                 this chamber, we don't submit a second bill in

                 the hope that the other chamber will change

                 their mind on the first bill and accept a bill

                 closer to the second bill.

                            SENATOR GOLDEN:    I like the

                 Assembly's bill as well, sir.  I'm hoping that

                 Assembly bill goes through.  I'm hoping that

                 the -- they come to a term and they agree upon

                 a bill.

                            But I put a bill forward because

                 they're both good government bills.  They're

                 not political, they're good government bills.

                 They're required.  We need them here in this



                                                        5043



                 great state, and that's why we put them

                 forward.

                            SENATOR LACHMAN:    In conclusion,

                 Mr. President, these are good government bills

                 and they are, in truth, political bills.

                 Because different organizations, as Senator

                 Golden realizes, have lobbied one or the

                 other.  And we're trying to have our cake and

                 our cookies together.

                            I'm not going to oppose the bill,

                 but I'm just opposing the process by which it

                 has come to the surface after a bill has been

                 agreed upon by the same sponsor.

                            So I will not oppose this bill, but

                 I still don't understand what is going on

                 except a political process which the sponsor

                 denies that is taking place.

                            Thank you.

                            SENATOR GOLDEN:    Not to keep the

                 conversation going, sir, but the Governor is

                 part of this discussion.  He is the executive

                 of the State of New York, and he has the right

                 to bring forward a good government bill.

                            And I am working with the good

                 Governor and the good Assembly Speaker to have



                                                        5044



                 that good bill for you, sir.

                            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

                 1176, by Senator Seward, Senate Print 5219A,

                 an act to amend the Insurance 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.

                            Senator Spano, that completes the



                                                        5045



                 supplemental active list.

                            Senator Spano.

                            SENATOR SPANO:    There will be a

                 meeting of the Rules Committee in the Majority

                 Conference Room at 7:00 p.m.

                            ACTING PRESIDENT MEIER:    There

                 will be a meeting of the Rules Committee at

                 7:00 p.m. in the Majority Conference Room.

                            Senator Spano.

                            SENATOR SPANO:    The Senate will

                 stand at ease.

                            ACTING PRESIDENT MEIER:    The

                 Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 6:55 p.m.)

                            (Whereupon, the Senate reconvened

                 at 7:03 p.m.)

                            SENATOR SPANO:    Mr. President.

                            ACTING PRESIDENT NOZZOLIO:

                 Senator Spano.

                            SENATOR SPANO:    Can you please

                 recognize Senator Oppenheimer.

                            ACTING PRESIDENT NOZZOLIO:

                 Senator Oppenheimer.

                            SENATOR OPPENHEIMER:    Thank you.



                                                        5046



                 I'd like unanimous consent to be recorded in

                 the negative on Calendar 1825.

                            ACTING PRESIDENT NOZZOLIO:

                 Without objection.

                            SENATOR OPPENHEIMER:    Thank you.

                            SENATOR SPANO:    Can we now return

                 to Calendar Number 1833.

                            THE SECRETARY:    Calendar Number

                 1833, by Senator Golden, Senate Print 7626, an

                 act in relation to enacting the Coordinated

                 Construction Act for Lower Manhattan.

                            SENATOR CONNOR:    Explanation.

                            ACTING PRESIDENT NOZZOLIO:

                 Senator Golden, an explanation has been asked

                 for.

                            SENATOR GOLDEN:    Thank you,

                 Acting President.

                            This is a bill that's been

                 requested by the Mayor of the City of New York

                 for this Senate and the Assembly to pass.  It

                 deals with the rebuilding of the areas of

                 downtown Manhattan after the aftermath of

                 9/11.

                            All of us remember that terrible,

                 terrible day and what's followed since.  That



                                                        5047



                 business in that area was $114 billion.  We've

                 lost somewhere in the category of about 60 or

                 $80 billion over the last three years.  That

                 is, 15 percent of our revenue for the city and

                 state of New York comes from Lower Manhattan,

                 from the finance industry.

                            This bill is to expedite the

                 rebuilding of downtown Manhattan by bringing

                 together government, unions, utilities, all

                 those that would be involved in the

                 rebuilding, so that we can cut through

                 difficult bureaucracies and expedite that

                 process.

                            ACTING PRESIDENT NOZZOLIO:

                 Senator Connor.

                            SENATOR CONNOR:    Thank you, Mr.

                 President.  Will the sponsor yield for a

                 question.

                            ACTING PRESIDENT NOZZOLIO:

                 Senator Golden, will you yield?

                            SENATOR GOLDEN:    I do, sir.

                            SENATOR CONNOR:    Thank you.

                            Mr. President, could the sponsor

                 explain to us what the provisions of the bill

                 are with respect to the applicability of



                                                        5048



                 Article 15A, ensuring minority/women business

                 enterprise participation in Lower Manhattan

                 projects?

                            SENATOR GOLDEN:    That the -- they

                 shall be part of the process that will help us

                 to rebuild and restart downtown Manhattan.

                            SENATOR CONNOR:    Thank you.

                            Mr. President, would the sponsor

                 yield for another question.

                            ACTING PRESIDENT NOZZOLIO:

                 Senator Golden, do you wish to continue to

                 yield?

                            SENATOR GOLDEN:    I do.

                            ACTING PRESIDENT NOZZOLIO:

                 Senator Connor.

                            SENATOR CONNOR:    Thank you, Mr.

                 President.  Would the sponsor explain to us

                 the applicability of this legislation to the

                 proposals to rebuild Route 9A?

                            SENATOR GOLDEN:    No, sir.

                            SENATOR CONNOR:    Mr. President,

                 will the sponsor yield for another question.

                            ACTING PRESIDENT NOZZOLIO:

                 Senator Golden, do you yield?

                            SENATOR GOLDEN:    I do.



                                                        5049



                            ACTING PRESIDENT NOZZOLIO:

                 Senator Connor.

                            SENATOR CONNOR:    Mr. President,

                 I'll speak on the bill.

                            ACTING PRESIDENT NOZZOLIO:

                 Senator Connor, on the bill.

                            SENATOR GOLDEN:    Thank you,

                 Senator.

                            SENATOR CONNOR:    Thank you,

                 Senator Golden.

                            I think Senator Golden was quite

                 candid.  I don't think he pretends to know in

                 any degree of detail, compared to my staff and

                 myself, what's going on in Lower Manhattan,

                 what projects are underway in Lower Manhattan

                 and what needs to be done in Lower Manhattan.

                 Because I don't think Senator Golden pretends

                 to represent Lower Manhattan, nor do any of

                 the cosponsors of this bill.

                            Go back a year, last day of session

                 last year.  Senator Golden sponsored a bill

                 dealing with the Brooklyn Bridge.  I spent a

                 few minutes explaining to my colleagues how I

                 represented both sides of the Brooklyn Bridge.

                 The answer I got from the sponsor was:  Well,



                                                        5050



                 the city gave me the bill.

                            And I had words with the city's

                 incompetent -- I said incompetent

                 representatives, Mr. President, at the time.

                 And I was assured by these incompetent

                 representatives of Mayor Bloomberg that this

                 would never happen again.

                            So what do I learn today, but a few

                 hours ago?  That a bill that has been

                 percolating around Lower Manhattan for the

                 last year and a half, about which there were

                 discussions at the community boards in my

                 district, at which there were discussions in

                 many, many different community groups -- Wall

                 Street Rising, the Business Association, many,

                 many others -- to deal with certain problems

                 which I will at some length articulate for my

                 colleagues so you are informed about what

                 exactly the problems and projects are.

                            Lo and behold, the bill gets filed

                 June 19th -- that was last Saturday -- and

                 here it is on the floor.  So as I come over

                 here to debate it, a city representative tries

                 to stop me to brief me on it.

                            Is that a briefing -- would any



                                                        5051



                 member of this body accept a briefing after a

                 bill dealing with only with subjects in your

                 district, no other area -- accept an offer to

                 be briefed after the bill is on the calendar

                 sponsored by a different member?  Would any of

                 you accept that?

                            This is my 27th session here.  I've

                 had an unbending rule, I have never, ever

                 questioned any of my colleagues about a bill

                 that they were sponsoring that dealt with

                 conditions or matters solely in their

                 district.

                            And, Mr. President, sometimes I've

                 been real curious about some of these bills,

                 would have loved to ask a couple of questions.

                 But I dampened my curiosity to give my

                 colleagues the courtesy and appreciation that

                 they know their districts, they know their

                 local governments, they understand the local

                 problem, they were involved in getting the

                 local home rule message and they are fully

                 briefed and cognizant, and I would not presume

                 to question them.

                            Mr. President, after 27 years I'm

                 thinking of changing this policy and deciding,



                                                        5052



                 whenever I am curious about a member's local

                 bill, to ask a whole lot of questions about

                 it.  Now, I know the member will have answers

                 to the five or ten questions.  But we do a lot

                 of local bills here, Mr. President.

                            I'll tell you another thing, Mr.

                 President.  These last two sessions I've been

                 the ranking Minority member on the Local

                 Government Committee.  I voted yes on every

                 single bill that was ever brought before that

                 committee because there were members

                 sponsoring legislation dealing with matters in

                 their district, matters of interest to their

                 constituents.

                            Frankly, Mr. President, what an

                 insult to a member.  I look at the list of

                 supporters for this legislation.  Every one of

                 them is a community group in my district.  I

                 look at the list of the major projects.  Mr.

                 President for the benefit of Senator Golden,

                 Route 9A is the West Side Highway.  And it

                 needs to be rebuilt as it goes by the World

                 Trade Center site.

                            It was actually pre-9/11 there were

                 plans to widen it and so on.  Post-9/11 -- and



                                                        5053



                 to my colleagues who traveled down to the

                 World Trade Center site shortly after 9/11, we

                 were basically -- the rubble we were standing

                 on when we got as close as we could get to

                 Ground Zero, under that was Route 9A.  They

                 eventually built a path through there.  My

                 son's football team was escorted by bus right

                 through that pass through those ruins every

                 day to go to practice.

                            Now there's a highway there, but

                 it's a temporary thing.  As you know, the

                 overpasses were knocked down.  There are

                 temporary overpasses now.

                            Proposals for 9A have caused great,

                 great controversy in the community.  One

                 proposal that some of the state people were

                 proposing had to do with putting it

                 underground, putting a stretch of Route 9A

                 underground right next to the World Trade

                 Center.

                            And the community groups have been

                 opposed to that, because right across from

                 what we hope will be a great, great rebuilt

                 World Trade Center/Liberty complex is Battery

                 Park City.  For my colleagues who aren't from



                                                        5054



                 down there, that's when we stood there and

                 looked back and all those windows were blown

                 out, and that whole area was evacuated.

                            Well, that's back up and thriving.

                 In fact, Battery Park City is now experiencing

                 new construction going on, which -- there's a

                 real community there.  The fear of the

                 underpass is their accessibility across West

                 Street to the rest of Lower Manhattan, as well

                 as a community concern.

                            The Lower Manhattan Community Board

                 is quite fascinating.  They're concerned about

                 how these billions of dollars are going to be

                 spent.  Several projects have been proposed,

                 and the community board has taken the view,

                 that's a waste of money to do that with that

                 money.  We can do better things.

                            So it's not a community that just

                 says, Whoa, we have all these billions in

                 post-9/11 money.  Some of it's even real.

                 Some of it's a Bush promise, but some of it's

                 actually been real, and we've gotten real

                 money.  And the community is concerned with

                 how it's spent.

                            I myself had occasion to weigh in



                                                        5055



                 in terms of the rebuilding of 9A.  And what I

                 did is -- a group called the Coalition to Save

                 West Street wrote to the State Department of

                 Transportation, and they opposed even a short

                 West Street tunnel for Route 9A, which is one

                 of the major projects -- by the way, the

                 rebuilding of Route 9A, and we're talking

                 about just a few miles of roadway, is

                 scheduled to cost $330 million, just that

                 maybe three or four mile stretch.  That's one

                 of the projects that's covered by this bill

                 that's before us, these construction rules,

                 which I will later explain in some detail.

                 Quite some detail.

                            But the Coalition to Save West

                 Street has priced out the cost of a tunnel at

                 between 685 million and 860 million in

                 additional costs.  Just to rebuild 9A there is

                 in the ballpark of 330 million.  So they are

                 concerned.

                            A poll -- and this letter is from

                 June of '04 -- no, I'm sorry, this letter is

                 June of '03.  A poll was done, Blum & Weprin

                 Associates did a poll of Lower Manhattan

                 residents.  It showed that an overwhelming



                                                        5056



                 majority of the residents of Lower Manhattan

                 viewed the short bypass tunnel unfavorably.

                 The tunnel ranked near the bottom of a list of

                 11 redevelopment projects for Lower Manhattan.

                            Only 10 percent of respondents

                 chose the West Street tunnel as a top priority

                 for downtown transportation, whereas

                 30 percent chose direct transit to airports

                 and Long Island, and 39 percent chose improved

                 east-west access for pedestrian and vehicular

                 traffic.

                            Indeed -- a slight digression, but

                 certainly germane -- last Friday I was at a

                 press conference with Mayor Bloomberg and the

                 Speaker about another bill, which I hope we

                 see later, for a $400 million subway station

                 renovation in South Ferry.  Which, by the way,

                 the community opposed.

                            The Speaker and I, after getting

                 some concessions for amenities and mitigation,

                 undertook to sponsor this legislation and get

                 that moving.  And of course the MTA, the MTA

                 must have a better Green Book than Mayor

                 Bloomberg, because the MTA brought the bill to

                 the Senator in whose district the subway



                                                        5057



                 station was.  Sounds familiar to all of my

                 colleagues, I'm sure.

                            The Coalition to Save West Street

                 goes on, by the way, in proposing

                 alternatives, pointing out that they exist to

                 accomplish the objective for this stretch of

                 West Street.  Standard traffic control

                 measures are urged to allow pedestrians to

                 cross, changing the timing of traffic lights

                 to allow more time for pedestrians to cross,

                 adding a Park Avenue-type median in the center

                 for people to rest on the way across, and

                 adding additional pedestrian crossings.

                            So the community clearly, with

                 respect to the 9A state project which is

                 covered by the bill before us, is clearly

                 opposed to doing the underground stretch as a

                 short bypass.  And indeed, at a cost of

                 several hundred million dollars additional, I

                 have come out in agreement with the community

                 on this issue.

                            Lest my colleagues think I'm being

                 unduly parochial, I was appointed by the

                 Governor in early 2002, when he established

                 the Lower Manhattan Development Corporation,



                                                        5058



                 which is -- oh, that's the big -- the big guy

                 in charge.  That's where all these billions of

                 dollars flow.  That's what -- not just for

                 rebuilding the World Trade Center site, but

                 for the other development projects.

                 Transportation, the transportation hub, all

                 the other projects in Lower Manhattan are

                 under the umbrella of that.

                            And there is a general advisory

                 committee of elected officials and some others

                 to advise the LMDC board, which has been, by

                 the way, ably chaired by Mr. Whitehead.  And

                 now Executive Director Rampe is doing a

                 wonderful job, in my opinion.

                            I was appointed by the Governor to

                 serve on that general advisory committee.

                 This also meant that my staff and I

                 participated in the professional firms'

                 advisory council meetings on a regular basis.

                 Which I can't say that I went personally; my

                 staff submitted regular reports every month

                 for attending those meetings.  The development

                 advisory council, we met somewhat regularly,

                 and I did cover those myself on occasion, but

                 always with staff.



                                                        5059



                            The financial firms' advisory

                 council, and I have reports -- I may later, if

                 I have time, read some of these reports, for

                 the enlightenment of my colleagues.  We

                 also -- here's one that was interesting,

                 because you met interesting people at this.

                 And I did go to one of these meetings, as well

                 as sending staff to others:  The Restaurants,

                 Retailers and Small Business Advisory Council.

                 It sounds like fun.

                            In the context of the post-9/11

                 economy in Lower Manhattan, these were

                 interesting people, but they weren't fun

                 meetings.  Many of these people were people

                 who initially were saying they were in danger

                 of going out of business, going belly up.  And

                 unfortunately, some of them proved they

                 weren't just talking, they did go under in the

                 post-9/11 economy.

                            We have now, for example, a draft

                 generic environmental impact statement for the

                 World Trade Center, to which I registered

                 observations in my testimony just this last

                 February 18th.  One of the most significant

                 issues post-9/11 was air quality.  And I



                                                        5060



                 should point out that the bill before us

                 addresses, addresses some of the concerns --

                 some of the concerns -- and I'll get into all

                 the concerns in a minute -- that people in

                 Lower Manhattan have had about air quality.

                            And the way that this bill

                 addresses that is that the bill provides for,

                 you know -- well, I'll go through some of the

                 projects first.  Here's some of the big

                 projects, to give you an idea of what's going

                 on there.

                            I mentioned Route 9A.  Hudson River

                 Park, part of the Hudson River Park project

                 goes down there.  That's slated for

                 $70 million.  And that won't be enough.

                 They're going to need more.  There are city

                 projects, $150 million in ferry stations.  The

                 Fulton corridor, for $48 million.

                            The city, the city is budgeting

                 $900 million, $900 million, in street repairs

                 for Lower Manhattan.  That's not including the

                 $330 million for Route 9A, which is a state

                 route.  All this is just within a few miles'

                 area.

                            Castle Clinton, $56 million for



                                                        5061



                 Castle Clinton.  Ah, what is Castle Clinton,

                 some of you may say.  Well, those of you who

                 had European ancestors who arrived in New York

                 City prior to the 1890s, when Ellis Island was

                 started up -- you know, because I hear people

                 say, Oh, my great-grandfather came to

                 New York, went through Ellis Island in 1860

                 something, 1870.  Wrong.  Your

                 great-grandfather went to Castle Clinton.

                 That was the initial processing point for

                 immigrants to New York.

                            And it remains there, looking for

                 conversion, looking for -- it's really got to

                 be rebuilt, so to speak, and looking for a use

                 which we intend to give it in terms of a

                 historical, culturally -- in a historical and

                 culturally appropriate context.

                            The East River waterfront -- we

                 talked about Hudson River Park.  The East

                 River waterfront projects, $750 million.  They

                 will be covered by this bill.

                            Parks, a paltry $25 million.  I say

                 paltry because I think we should do more.  And

                 if the bill I spoke of -- if the bill I spoke

                 of earlier that was filed Friday afternoon



                                                        5062



                 comes out, you will see that what the Speaker

                 and I did get from the MTA is $15 million more

                 for just that Battery Park where that subway

                 station is.

                            Libraries, museums, and cultural

                 space, $400 million.  The MTA is committed to

                 a $750 million transit center.  Those projects

                 total $3.5 billion.  We've still got a couple

                 billion more dollars to spend in rebuilding

                 Lower Manhattan.

                            Now, why was this bill needed?  Why

                 did we start?  If you go back to the immediate

                 post-9/11 time and for all the wonderful

                 things and holding the city together that was

                 done then, I think we also know in the days

                 after that, it was chaotic.  It wasn't quite

                 clear who was in charge of what always.

                            The city and state, under the

                 direction of the then-mayor and governor, did

                 a wonderful job in coping.  But as anything

                 that massive, there were a lot of -- there was

                 a lot of running around by federal officials,

                 for example, who -- FEMA, people who were

                 well-trained to deal with tornadoes in trailer

                 parks in Oklahoma, not too well prepared to



                                                        5063



                 deal with the enormity of the damage that was

                 inflicted on 9/11.

                            The elected officials, under the

                 leadership of Congressman Nadler, formed a

                 Ground Zero and Elected Officials Task Force.

                 I have a copy of Memo Number 1 on September

                 15th.  We met, at first, every day or two,

                 then certainly, in ensuing months, every

                 month.  We raised -- on September 17th, we

                 first raised with FEMA, and the state and the

                 city, concerns about air quality in Lower

                 Manhattan.

                            As you know, a year later, a year

                 and a half later, basically the EPA admitted

                 they lied.  They had no basis, a week or two

                 after that attack, for the statement that the

                 then-administrator made that the air in Lower

                 Manhattan is safe.  No basis whatsoever.  In

                 fact -- oh, how interesting.  I see we'll have

                 a chapter amendment to debate shortly too, on

                 the same bill -- but absolutely no basis

                 whatsoever for that statement.  There were

                 people who work for the EPA who basically

                 indicated that someone, someone in the White

                 House told them, Tell everybody it's okay, you



                                                        5064



                 can go back to work in Lower Manhattan.

                            Of course the federal government

                 wanted Lower Manhattan to go back to work.

                 Impaired as it was, with broken wings and

                 broken legs, it was nonetheless still the

                 goose that laid golden eggs every day, in the

                 financial district of Lower Manhattan.  And

                 though the eggs may have been smaller, they

                 were nonetheless made of gold.  And the

                 government wanted to keep the eggs in

                 production.

                            Residents of Lower Manhattan,

                 people who lived within a block or two, went

                 back to their apartments.  And if the windows

                 were intact, they found the window ledges and

                 balconies with an inch or two of dust.  People

                 whose windows were smashed in found even more

                 horrible things in their apartment.

                            And if you all read the news then

                 and you saw the TV within those first weeks,

                 you heard the federal government officials

                 saying, We're going to clean up these

                 apartments, we're going to clean up these

                 apartments.

                            My colleagues, do you know that 14



                                                        5065



                 months later there were still people whose

                 apartment buildings were never cleaned, whose

                 roofs were never cleaned of that toxic dust,

                 whose balconies were not cleaned, carpets were

                 not cleaned?

                            My son returned, five weeks after

                 9/11, to school at Stuyvesant High School,

                 with all assurances from the city:  Oh, we

                 spent a million dollars cleaning up the

                 school.  The school had been used for triage

                 and other things in the immediate aftermath.

                            The parents' association, as they

                 experienced sick children every day, with

                 headaches, bronchial conditions, commissioned

                 scientific testing in the school and found

                 heightened levels of lead and other

                 carcinogens, unhealthy things, lots of

                 asbestos.

                            That summer they did another

                 cleanup, after the kids had been back there

                 for a year.  And by the way, right next to the

                 school, literally out the back door, was where

                 the city dredged and all of the rubble was

                 taken off on barges.  So there was constant

                 flumes, as much as they tried to wet them



                                                        5066



                 down, of unhealthy air.

                            But the next summer, the school was

                 told:  Oh, you know what, yeah, when we were

                 cleaning the school, we never cleaned the

                 chairs in the auditorium, the cushions, we

                 never cleaned the carpeting in the auditorium.

                 Oh, yeah, that's testing for huge amounts of

                 lead, asbestos, and whatever.

                            This is after the kids, after 14-

                 and 15- and 16- and 17-year-old kids were sent

                 back into that school for the year.  That's

                 how the federal government delivered on its

                 promise to clean up.

                            They didn't clean up half the

                 apartments.  Two years later, people were

                 still complaining.  I know of a person in a

                 building, tall building with balconies, where

                 no one had used their balcony for literally

                 two years because the federal government never

                 cleaned the balconies and it still had the

                 9/11 dust.

                            Mr. President, it's getting a

                 little noisy in here.  Thank you.

                            Now, this bill before us deals with

                 some of the concerns.  Because air quality is



                                                        5067



                 an ongoing concern for Lower Manhattan, and we

                 are facing all of these projects that are

                 covered by this bill that I articulated one

                 after another.  And they involve digging up

                 roads, laying pipes, digging foundations.

                 They involve trucking and heavy equipment,

                 bringing materials into sites for enormous

                 construction.  And they're all going on

                 roughly the same time.

                            So this bill tries to work out, for

                 the first time in New York City, something

                 that you have in other parts of the state, and

                 that's the ability for joint bidding on road

                 openings.  In other words, right now in

                 New York City, the electricity and the

                 telephone company can't be involved in a joint

                 bidding enterprise to open up the road and do

                 what they've got to do all at once.

                            That's why those of you who are

                 familiar with New York City will observe the

                 craziness of your street being all dug up, and

                 you'll come out and the Con Ed trucks are

                 there, they're doing the electrical stuff,

                 putting whatever they put down -- wires or

                 ducts, whatever.  And they close up your



                                                        5068



                 street after a month of two of inconvenience.

                 You still have bumpy, patched roads.  But

                 finally the city comes along and makes the

                 road outside of your house really nice, and

                 it's really wonderful.

                            And two weeks later, you come out

                 and there's a guy out there going

                 da-da-da-da-da-da-da-da-da, digging up the

                 road again, because he's with the phone

                 company.  And oh, yeah, they're putting the

                 phone lines through the road.  So that

                 wonderful new road just gets all dug up again,

                 not a couple of months after it was just

                 repaired.

                            We see that all the time in

                 New York City.  We cannot allow that to happen

                 in Lower Manhattan with so many of these

                 projects going on and on at the same time.  So

                 this bill will allow the City of New York to

                 have a joint bidding process for those kind of

                 projects.

                            Back to air quality.  The other

                 thing this bill will do is it will permit

                 New York City to -- let me find my note here

                 -- to basically adopt a process for mandating



                                                        5069



                 and making affordable the use of low-sulfur

                 fuels.  That's in this bill.  So that when,

                 hopefully when all of this machinery --

                 construction equipment, cranes, trucks in and

                 out all over the place -- are used, there will

                 be, by the use of the low-sulfur fuels, a

                 mitigation of damage to air quality.

                            Which already -- by the way, air

                 quality still remains, obviously, a big

                 problem in Lower Manhattan.  And this

                 hopefully will ameliorate that.

                            Another thing that this bill does,

                 by the way -- and, Mr. President, I do have to

                 congratulate Senator Golden for embracing this

                 bill and this concept.  And I do that because

                 his predecessor, one of his predecessors, not

                 exactly in the same district -- but if I may

                 make a partisan reference, the last Republican

                 State Senator from Brooklyn prior to my good

                 friend Senator Golden being elected,

                 then-Senator Bob DiCarlo, once stopped the

                 legislation, stopped the legislation that

                 passed the other house, did it two years in a

                 row, to build a sportsplex for Brooklyn.  And

                 indeed, that sportsplex never got built.  And



                                                        5070



                 he stopped because he philosophically objected

                 to the inclusion in the bill of a 15A

                 requirement; i.e., a requirement for a

                 set-aside for minority/women business

                 enterprises.  That's what his predecessor did.

                            But Senator Golden obviously is in

                 favor of that kind of set-aside, which I think

                 is a good thing.  I think it's a wonderful

                 thing.  It's appropriate.  And this bill will

                 apply that state law to New York City's

                 projects.  Which are not covered per se --

                 there are executive orders in New York City,

                 but it will apply that state statute mandating

                 set-asides for minority and women business

                 enterprises as they participate in these

                 billions of dollars of construction.  This

                 bill now will make that applicable to New York

                 City and Lower Manhattan.

                            So, Mr. President, for that I

                 congratulate Senator Golden and I congratulate

                 him for his departure from what had been his

                 predecessor's attitude about that.  I think

                 that's a good thing, that's a very good thing

                 that's in this bill.  Certainly the residents

                 of Lower Manhattan will be happy about that.



                                                        5071



                            So again, my congratulations to

                 Senator Golden -- and his cosponsors.  His

                 cosponsors, the other Republican Senators who

                 are cosponsoring this -- I guess Senator

                 Padavan, Senator Mendez.  Is Senator Maltese

                 on this bill?  Yes, Senator Maltese, Senator

                 Marchi.  I congratulate them.

                            For some of them, it is clearly a

                 turnaround in positions that they've had in

                 the past, and I am delighted that they are

                 cosponsoring this, particularly Senator

                 Maltese.  I am delighted that he's

                 cosponsoring this mandating of Article 15A

                 coverage in Lower Manhattan.  We do need to

                 set aside those tens of millions of dollars in

                 work for minority and women business

                 enterprises.

                            So this again -- I never cease to

                 be amazed, as I serve in this chamber, at how

                 people's views can grow and change over time.

                 And as I say, this is my 27th session here.

                 So I'm delighted.

                            The only thing, frankly, missing in

                 this bill is sponsorship by the Senator who

                 represents the area.  And to me, I've never



                                                        5072



                 quite experienced such discourtesy in those 27

                 sessions.  And believe me, my colleagues, when

                 I arrived in the State Senate, my first

                 session as a freshman, 32-year-old freshman in

                 the Minority, I got 19 chapters.  And they

                 were not local bills, because that's not how

                 we did them.

                            I see Senator LaValle looking at

                 me.  He helped me with his student loan thing

                 for medical students.  He was chair of the

                 committee.

                            I do have colleagues here who once

                 upon a time, as committee chairs, would work

                 with Minority members who had good ideas,

                 would have their counsels work with them, and

                 would -- and it wasn't all the last night.

                 You passed bills -- you know what, it was

                 good.  Kept me out of trouble, kept me busy.

                 Kept me busy legislating, because you could

                 get bills on the calendar all throughout the

                 session, even as a Minority member.  They

                 didn't just deal with your local needs.

                            So I raise this not because I need

                 -- this is a local bill.  Gosh, I could have

                 passed it and I could get a pen certificate.



                                                        5073



                 Back from those days, I have all the walls I

                 can fit pen certificates on.  I've got a whole

                 wall full of the ones -- my older colleagues

                 will know -- where Hugh Carey and Bob

                 Morgado's signatures disappeared.  Because I

                 don't know what kind of ink they used, but

                 over the years, if you go into an older

                 member's office, you see pen certificates on

                 the wall and it's got no governor's signature

                 or no Bob Morgado's, secretary to the

                 governor's signature, because the ink faded.

                            But I got my share of Mario Cuomos

                 and a few George Pataki-signed ones too.  And,

                 frankly, I got several boxes of pen

                 certificates sitting in a closet somewhere

                 because I ran out of room.  So I don't need

                 any more pen certificates.  I don't need the

                 pride that I passed the bill.

                            But, Mr. President, what I don't

                 need is the insult that, oh, it's in your

                 district, but other people are going to

                 sponsor it.  And I don't blame so much my

                 colleagues -- although it did happen last

                 year, with the same sponsor -- as the Mayor's

                 incompetent Office of Legislative Affairs, who



                                                        5074



                 ought to be smart enough to look at a map --

                            ACTING PRESIDENT MARCELLINO:

                 Excuse me, Senator.  Excuse me, Senator.

                            Senator Skelos, why do you rise?

                            SENATOR SKELOS:    Mr. President,

                 would you please lay the bill aside

                 temporarily and return to reports of standing

                 committees.

                            I believe there's a report of the

                 Rules Committee at the desk.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill will be laid aside temporarily.

                            We'll return to 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 7190, by Senator

                 Andrews, an act authorizing the City of

                 New York;

                            7296A, by Senator Libous, an act to

                 amend the Insurance Law;

                            7550, by Senator Marchi, an act to

                 amend the Tax Law;



                                                        5075



                            7612A, by the Senate Committee on

                 Rules, an act to amend the General Municipal

                 Law and others;

                            7643, by Senator Johnson, an act to

                 amend the Vehicle and Traffic Law;

                            And Senate Print 7652, by Senator

                 Golden, an act to amend a chapter of the Laws

                 of 2004.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Skelos.

                            SENATOR SKELOS:    Move to accept

                 the report of Rules Committee.

                            ACTING PRESIDENT MARCELLINO:    The

                 motion is to accept the report of the Rules

                 Committee.  All in favor signify by saying

                 aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MARCELLINO:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MARCELLINO:    The

                 Rules Committee report is accepted.

                            Senator Skelos.



                                                        5076



                            SENATOR SKELOS:    Mr. President,

                 would you please call up Calendar Number 568.

                            ACTING PRESIDENT MARCELLINO:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 568, by Senator Little, Senate Print 5533B, an

                 act to amend the General Business Law.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Skelos.

                            SENATOR SKELOS:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT MARCELLINO:

                 Yes, Senator, there is.

                            SENATOR SKELOS:    Move to accept.

                            ACTING PRESIDENT MARCELLINO:    All

                 in favor of accepting the message of necessity

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MARCELLINO:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MARCELLINO:    The

                 message is accepted.

                            Senator Skelos.

                            SENATOR SKELOS:    Read the last



                                                        5077



                 section, please.

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 30th day.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 at this time if we could have the

                 noncontroversial reading of Supplemental

                 Calendar Number 59C.

                            ACTING PRESIDENT MARCELLINO:    The

                 Secretary will read the Supplemental Calendar

                 59C, noncontroversial.

                            THE SECRETARY:    Calendar Number

                 1840, by Senator Andrews, Senate Print 7190,

                 an act authorizing the City of New York.

                            ACTING PRESIDENT MARCELLINO:

                 There is a home-rule message at the desk.

                            Read the last section.



                                                        5078



                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1841, by Senator Libous, Senate Print 7296A --

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT MARCELLINO:

                 Lay the bill aside.

                            THE SECRETARY:    Calendar Number

                 1843, by the Senate Committee on Rules, Senate

                 Print Number 7612A, an act to amend the

                 General Municipal Law and others.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 is there a message of necessity at the desk?

                            ACTING PRESIDENT MARCELLINO:

                 Yes, there is, Senator.

                            SENATOR SKELOS:    Move to accept.



                                                        5079



                            ACTING PRESIDENT MARCELLINO:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MARCELLINO:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MARCELLINO:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 77.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is laid aside.

                            Senator Skelos, that completes the

                 noncontroversial reading of Supplemental

                 Calendar 59C.

                            SENATOR SKELOS:    Mr. President,

                 will you please take up Calendar Number 1841.

                            ACTING PRESIDENT MARCELLINO:    The

                 Secretary will read Calendar Number 1841.



                                                        5080



                            THE SECRETARY:    Calendar Number

                 1841, by Senator Libous, Senate Print 7296A,

                 an act to amend the Insurance Law.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Libous, an explanation has been

                 requested.

                            SENATOR LIBOUS:    Thank you, Mr.

                 President.

                            I rise tonight in the chamber to

                 first mention that I have completed 12 years

                 as chairman of the Mental Health Committee and

                 am pretty proud of what this body has done

                 over those 12 years in the area of mental

                 health.

                            We continue to fight the stigma for

                 those individuals and do what we've done for

                 people for disabilities, and tonight is no

                 different.  We bring before you a long-awaited

                 piece of legislation that has been talked

                 about, bantered around, and one that addresses

                 the issue of mental health parity.

                            Mental health parity is something

                 that this house has felt very deeply about,



                                                        5081



                 very much concerned, and something that we

                 said that we would address in this session.

                 And, Mr. President, we are going to address it

                 this evening.

                            We bring before you, my colleagues,

                 a piece of legislation that brings, for the

                 first time in this state, parity for those

                 with mental illness, parity for those with

                 serious biological mental illness, parity for

                 children with mental illness, and an

                 opportunity to give them the long deserved and

                 awaited coverage that they have been looking

                 for.

                            ACTING PRESIDENT MARCELLINO:

                 Excuse me, Senator Libous.

                            Ladies and gentlemen, can we have

                 some quiet in the house.  If you have a

                 conversation, please take it outside so that

                 we can hear this legislation.

                            Thank you, Senator Libous.

                            SENATOR LIBOUS:    Thank you, Mr.

                 President.

                            One of the priorities of this house

                 and this committee and myself as chairman has

                 been to take care of the issues of mental



                                                        5082



                 illness, particularly with children.  And I am

                 very pleased that this bill continues that

                 excellent record, Mr. President, and helps to

                 particularly cover a segment of children that

                 have not been covered in the past and that

                 will be covered once this legislation is into

                 effect.

                            It will affect children with

                 attention deficit disorders, disruptive

                 behavior disorders, pervasive development

                 disorders.  And right now those children are

                 not getting the proper attention or health

                 care that they deserve.

                            This bill also goes a long way in

                 protecting the rights of small business.  This

                 bill has an exemption for small business,

                 because this house has always had a concern,

                 at a time when we value every job in this

                 state, whether that job is created by a major

                 corporation like IBM or GE or that job is

                 created by a small company of one or two

                 people, of the hairdresser that is down the

                 block from us or a neighborhood grocery store

                 or a small manufacturing facility that

                 employee employs 20 or 25 people.



                                                        5083



                            And statistics have proven to us

                 and shown us that as health-care costs go up

                 and mandates continue to be imposed on these

                 particular businesses, that they drop their

                 coverage for everyone.

                            Mr. President, this bill does

                 provide an exemption to protect small

                 businesses but yet covers a significant amount

                 of people who need and deserve that coverage.

                 It provides an exemption very similar to what

                 the federal legislation does in Washington.

                 The federal legislation has an exemption for

                 employees and businesses of 50 and under, and

                 so does our bill.

                            We also take on the argument, in

                 protecting business but also providing

                 adequate coverage to those who need it, by

                 putting in a 2 percent premium cap on rate

                 increases.  So that too goes far in protecting

                 small business.

                            But our bill does something unique,

                 something different.  It has a clause in it

                 that would require that this body, once it's

                 passed and enacted into law, that there would

                 be a sunset and that sunset would require



                                                        5084



                 reporting, reporting back to this body on real

                 figures and statistics.

                            Because, Mr. President, one of the

                 things that has amazed me in my efforts, along

                 with the efforts of our committee in trying to

                 put an adequate parity bill on the floor here

                 so that we can protect New Yorkers who need

                 it, is that you can't get accurate statistics

                 from anywhere.  No one seems to have the

                 statistics except for the ones that they want

                 to provide to you.

                            And I would challenge any

                 statistics that may come up this evening, Mr.

                 President, as to their accuracy.  Because I

                 have to tell you, until we can get those

                 statistics and we can make them work, this

                 legislation, once enacted, will allow us to

                 come back and review and to provide us with

                 the actual reporting and information that we

                 will need so that we can continue to move

                 forward.

                            I'm proud to bring this bill before

                 us this evening.  It is quite comparable to

                 the bills of other states.  And, Mr.

                 President, I would ask for its adoption.



                                                        5085



                            ACTING PRESIDENT MARCELLINO:

                 Senator Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  I have an amendment at the desk,

                 and I would like to waive reading and ask to

                 be heard on the amendment.

                            ACTING PRESIDENT MARCELLINO:    The

                 reading of the amendment is waived.  You are

                 free to speak.

                            SENATOR DUANE:    Thank you.

                            The amendment that I've placed at

                 the desk would make it so that a mental health

                 parity in this body would track that in the

                 body across the Capitol.  And let me first,

                 though I listened to and respect the sponsor's

                 work on this issue, discuss what the flaws are

                 in that legislation.

                            First, the exclusions.  And I'm

                 going to focus mostly on perhaps the most

                 onerous and really the exclusion that just

                 makes no sense at all.  And that's the

                 exclusion for coverage for those who have

                 substance abuse or chemical abuse problems.

                            Why, at a time when we are, for

                 instance, struggling to reform the Rockefeller



                                                        5086



                 Drug Laws, when the science has shown and that

                 there's been so much progress in the treatment

                 of substance abuse, why would we exclude

                 substance abuse treatment from this

                 legislation?

                            This body unanimously, or I believe

                 it was unanimously, approved a way to treat

                 eating disorders, which is a tremendous mental

                 health problem.  And good for us, good for us

                 that we're dealing with that issue.

                            But how could we not cover

                 substance abuse and chemical abuse?  It does

                 not make any sense at all.  In fact, if we're

                 looking at cost-effectiveness, I would say

                 that probably the loss-leader in terms of

                 productivity in our workforce stems from the

                 problem of alcohol and drug abuse.

                            In fact, I would encourage everyone

                 to think about people who they've worked with,

                 and I daresay even think about your family.  I

                 believe that probably each and every person in

                 this house has a family member or someone with

                 whom they've worked that has a chemical

                 dependency, an alcohol problem, a substance

                 abuse problem.  And think about the damage



                                                        5087



                 it's done to a family, think about the damage

                 that it's done in the workplace.

                            How can we not cover, how can we

                 not cover help for people with chemical

                 dependency?  How can we not try to save

                 families and workplaces that are so negatively

                 impacted by alcohol and substance abuse?

                            You know, science has come a long

                 way in the treatment of mental health

                 disorders.  But there's still a tremendous

                 amount to be done.  And I think we also know

                 of cases where I would say especially children

                 have been misdiagnosed.  And yet the bill

                 without the amendment would limit the kinds of

                 things that children could be covered for for

                 their mental health issues, and to cover

                 certain behaviors that need to be treated.

                            The bill before us, without the

                 amendment, exempts small employers, those with

                 50 employees or under.  But I would say that a

                 mentally healthy workforce in New York State

                 across the board is going to make New York

                 State a much more attractive place for

                 employers and for businesses.

                            Now, one of the things that the



                                                        5088



                 bill without the amendment calls for also is a

                 study of the impact of parity.  There is no

                 need for a study.  The data is there.  The

                 data exists.  There is no need to continue to

                 study what not having mental health parity in

                 this state is doing to us as a state.

                            Now, the amendment would cover the

                 full range of mental illnesses, and it would

                 also cover treatment for substance abuse,

                 chemical abuse, alcoholism.  Makes sense.  And

                 while the sponsor of the legislation says,

                 well, the federal government carved it out, I

                 would say they are absolutely wrong and it was

                 a horrible, terrible tragedy that they

                 exempted treatment for alcoholism and

                 substance abuse.

                            And again, please, think about your

                 own families, think about people with whom

                 you've worked, think about people who live in

                 your town, on your block, in your apartment

                 building, in your neighborhood.  Are there not

                 people who need chemical and substance abuse

                 treatment?  Do you not think that we would be

                 a healthier society, have a healthier

                 workforce, have healthier families if we



                                                        5089



                 included treatment of alcoholism and chemical

                 and substance abuse?

                            And really, who are we to dictate

                 what should or should not be covered for

                 children under the age of 18?  Is that not

                 something better left to professionals?

                 Aren't psychiatrists and psychologists and

                 social workers much more capable of

                 determining what needs to be treated in

                 children under the age of 18 than we are?  I

                 think so.

                            And everyone in the state needs to

                 be treated the same way no matter who they

                 work for, whether they work for a big

                 corporation or a small company.  That you need

                 mental health services shouldn't be dictated

                 on whether -- on the size of the organization

                 that you work for.  Either you need it or you

                 don't.

                            And I don't think we need a sunset

                 provision at all.  I think we know what we're

                 talking about.  I think we have lots of

                 knowledge on this issue, I think we have lots

                 of data, I think that mental health

                 professionals -- indeed, I would say health



                                                        5090



                 professionals across the board have spoken on

                 this.  We don't need a sunset.  We need just

                 to take action and let people get the

                 treatment they need, let children get the

                 treatment that they need.

                            I don't think 33 states are wrong.

                 Thirty-three states have programs similar to

                 what my amendment would call for in this

                 legislation.

                            But, you know, besides all of that,

                 I really think that we should be ashamed of

                 ourselves.  Right?  The Assembly is going to

                 pass one version, we're going to pass another

                 version.  We're playing a game, the Assembly

                 is playing a game, the Governor is playing a

                 game.  And still we're not going to be

                 providing the mental health services that

                 people need in this state.  Shame on us.

                 Shame on us.

                            You know, this is a life-and-death

                 issue.  It was life and death for Timothy.

                 It's ruined his family.  It's ruined countless

                 families across this state because we're not

                 providing the coverage we should for children

                 and adults who need mental health services.



                                                        5091



                 It's wrong.  We should be embarrassed, we

                 should be ashamed.

                            Look at your family.  Look at your

                 coworkers.  Look at your neighbors.  Can you

                 honestly say that we don't need to pass a bill

                 this session?  Yes, we do.  A real bill with

                 real services that helps real people with real

                 problems.

                            Let's pass a bill that really helps

                 New Yorkers, that really provides the services

                 that New Yorkers need to stay mentally

                 healthy.  Healthy workplaces, healthy

                 families, a healthy community in New York

                 State.  Pass the amendment, pass a real bill.

                 Let's get this job done this session.  Let's

                 get it done now.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Mr.

                 President, I rise to speak in support of the

                 amendment.

                            I think Senator Duane has made a

                 strong case for the amendment.  Let me

                 emphasize only two things.



                                                        5092



                            The first really is what he was

                 saying at the conclusion, that we need to pass

                 a bill -- and I would suggest that beyond

                 that, we need to pass a law this year.  And we

                 know what has passed the Assembly.

                            If we adjourn tonight -- which we

                 are doing because our leader told us we're

                 doing it -- and we pass the bill that is

                 before us, that Senator Libous has put before

                 us, we're ending the session with nothing.  We

                 have two one-house bills.  We have taken no

                 action.

                            This is the last night of session.

                 We don't need a bill; we need a law.  The

                 Assembly has passed a good law.  Senator Duane

                 has laid out many, many provisions of that law

                 that are preferable to the bill before us

                 tonight and that are embodied in his

                 amendment.

                            And I would urge all of you -- and

                 I realize sometimes people don't look at the

                 amendment process as seriously as they should.

                 We should adopt this amendment; we should be

                 passing the Assembly's bill.

                            And I want to mention one



                                                        5093



                 additional provision to those that Senator

                 Duane has enumerated.  And this is in

                 subparagraph B of Section 2 of the bill before

                 us that Senator Duane is seeking to amend.

                 And I think that if we don't take this section

                 out, essentially we're passing a law that I

                 assure you will never cover one person in this

                 state.

                            The subparagraph at issue here

                 states that none of this law, none of this

                 pretense at parity will apply to any employer

                 or any purchaser of a policy if the insurance

                 company issues a certification prepared by an

                 actuary stating that the application of this

                 version of the bill will produce a 2 percent

                 or more premium cost increase.

                            That means any actuary employed by

                 any insurance company can simply say, Hey, I'm

                 an actuary, I'm employed by this insurance

                 company, and I'm telling you premiums will go

                 up 2 percent.  Your $100 premium is now going

                 to be $102.  And as soon as that is issued, no

                 coverage.

                            So unless I'm misreading this --

                 and we'll have a chance to speak about it



                                                        5094



                 later -- I think that we have a serious

                 problem of an exemption that swallows the law.

                            But let me come back to the final

                 point that Senator Duane made and the first

                 point that I made.  If we pass the bill that

                 has been put before us, we are telling the

                 advocates, we are telling the O'Clairs, who

                 are here, we are leaving this year without

                 addressing this issue.

                            If you adopt Senator Duane's

                 amendment, we can tell all of them and hold

                 our heads up and be proud of the fact that we

                 have passed a law, we have dealt with this

                 issue.

                            And Senator Bruno has told us we're

                 leaving in a few hours.  He's a man of his

                 word.  But let's also keep our word to all the

                 people who fought so hard for mental health

                 parity.  Senator Duane's amendment is a far

                 superior version of the bill, and Senator

                 Duane's amendment is the only thing that will

                 result in a law being passed this year that

                 will actually address this problem.

                            I urge everyone to vote in favor of

                 the amendment.



                                                        5095



                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.

                            I rise in support of the amendment.

                 And I will just point out, for those of us on

                 both sides of this chamber who might have

                 forgotten, Senator Duane's amendment is the

                 original Senator Libous Timothy's Law bill

                 that 33 Republican Senators cosponsored with

                 him and 21 Democratic Senators asked, through

                 buck slips, to join as cosponsors with.

                            So in fact, 54 members of this

                 chamber are already on record as supporting

                 the amendment that Senator Duane has brought

                 before us tonight, the Timothy's Law that

                 would ensure that we leave Albany with an

                 actual agreed-upon bill in both houses.

                            Again, 54 members have already, on

                 record, committed to the bill that is now the

                 amendment that Senator Duane brings before us.

                 I urge all of us who supported the original

                 Senator Libous bill, or who asked to be

                 cosponsors of that bill but could not be, to



                                                        5096



                 remember that tonight when they vote on this

                 amendment.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Those

                 Senators in agreement with the amendment

                 please signify by raising your hands.

                            THE SECRETARY:    Those recorded in

                 agreement are Senators Andrews, Breslin,

                 Brown, Connor, Diaz, Duane, Gonzalez,

                 Hassell-Thompson, L. Krueger, Onorato,

                 Oppenheimer, Paterson, Sabini, Sampson,

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

                 and Stavisky.

                            ACTING PRESIDENT MEIER:    The

                 amendment is lost.

                            Read the last section.

                            Senator Paterson.

                            SENATOR PATERSON:    Mr. President,

                 would Senator Libous yield to a question.

                            ACTING PRESIDENT MEIER:    Senator

                 Libous, do you yield for a question from

                 Senator Paterson?

                            SENATOR LIBOUS:    Mr. President,

                 I'd be honored to yield.

                            ACTING PRESIDENT MEIER:    The



                                                        5097



                 sponsor yields.

                            SENATOR PATERSON:    Senator

                 Libous, if the purchaser which we are talking

                 about, which is presumably the employer, is to

                 submit, from the Association of Actuaries, an

                 understanding that there's a 2 percent

                 increase in the premium, if there is a

                 2 percent increase in the premium set by the

                 Department of Insurance anyway, as Senator

                 Schneiderman was referring to, wouldn't that

                 categorically eliminate any chances of anybody

                 receiving this type of treatment based on the

                 increase in the premium?

                            Or are you saying that the

                 2 percent increase in the premium is being

                 caused by the treatment?

                            SENATOR LIBOUS:    Mr. President,

                 let me address this issue.

                            The debate that led up to mental

                 health parity over the years has had a number

                 of interesting twists and turns.  And the

                 advocates who support parity have said that

                 the increase to insurance would be no more

                 than .08 percent.  Many businesses said that

                 the cost, added cost to insurance would be



                                                        5098



                 anywhere from 5 to 7 percent or higher.

                            It was our belief that that

                 increase was probably somewhere in the middle.

                 And this is where I go back to the statement

                 that I made, Mr. President, earlier, that the

                 information is hard to come by.  It just

                 doesn't exist.

                            I'll give a case in point, if I

                 may, Mr. President and Senator Paterson.

                 Pricewaterhouse did a report for the

                 advocates, and they said the cost was a dollar

                 and some change.  The same firm,

                 Pricewaterhouse, did a report for the

                 businesses and did a report that says it would

                 cost $7 and some change.  Pricewaterhouse, I

                 guess it depends on who pays them, they come

                 up with a report that the client likes.

                            Now, in formulating this, Mr.

                 President, I take this very serious.  Because,

                 unlike some of the comments that were made on

                 the amendment, this is no game.  This is no

                 game at all.  This is serious business.  And

                 this bill is intended to provide coverage to

                 the mentally ill.

                            Now, Mr. President and Senator



                                                        5099



                 Paterson, other states -- because we looked at

                 every state.  We examined hours upon hours of

                 other mental health parity bills.  And unlike

                 the amendment and the bill that is in the

                 Assembly, no other state has a bill like that.

                            So it came to our conclusion very

                 quickly, that because no other state has a

                 bill like that, then we should pattern our

                 bill quite similar to what other states have

                 as far as their success.

                            And on this particular issue, it

                 was brought to our attention after extensive

                 study that in the state of Arizona, they have

                 a 1 percent cap.  In the state of Arkansas,

                 they have a 1.5 percent cap.  Indiana has a

                 4 percent cap.  Mississippi has a 1 percent

                 cap.  Nevada -- and I can go on and on and on.

                            And so the cap has been tested, Mr.

                 President.  It has worked and been successful.

                 And it has to be verified by the Department of

                 Insurance.  Just like any other agency that

                 comes before -- or any other company that

                 provides insurance coverage comes before the

                 superintendent and the department, it would

                 have to be verified.



                                                        5100



                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Mr. President,

                 if Senator Libous would continue to yield.

                            ACTING PRESIDENT MEIER:    Does the

                 sponsor continue to yield?

                            SENATOR LIBOUS:    I would, sir.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR PATERSON:    The reason

                 that I'm curious, Senator Libous, and I'm not

                 exactly sure where you come out on this, is

                 that in one of the original drafts of this

                 bill they were actually suggesting that if the

                 group purchaser actually believed that there

                 was a 2 percent increase in the premium, then

                 they would not have to sustain the coverage.

                            Now, there's more of a finite way

                 to find out.  It would be -- the Department of

                 Insurance would be given what the actuaries

                 actually are.

                            And, more simply, my question is

                 that since the agency that measures substance

                 abuse and other mental health services, the

                 substance abuse/mental health services



                                                        5101



                 administration, has actually said that full

                 coverage, which would include even alcohol,

                 substance abuse and chemical dependence, even

                 with all of them in, that they didn't think

                 that the premiums would rise any more than

                 1 percent.

                            So I was wondering why we listed

                 that if the premium exceeded 2 percent, that

                 the group purchaser would not have to provide

                 the coverage.  So I assumed the only way we

                 could get to 2 percent is if the Department of

                 Insurance raised the actual premiums on their

                 own, which they have the power to do, meaning

                 that the Department of Insurance could shut

                 down the coverage if it happened to do that.

                            And I'm not suggesting that it's a

                 game, I'm just saying that it in a sense is a

                 poison pill, that even though the intentions

                 might be there to provide coverage, it would

                 in reality never occur.

                            And that's what I'm asking you, to

                 what extent does the regulation of rates by

                 the Department of Insurance trigger the denial

                 of that coverage?

                            SENATOR LIBOUS:    Mr. President



                                                        5102



                 and Senator Paterson, I did not ever intend to

                 say that you thought this was a game.  I was

                 referring to other comments that were made on

                 the floor before this.

                            But let me say this.  Our intention

                 here is to provide mental health coverage.

                 Our intention is to provide it to as many

                 people as possible.  In looking at the

                 exceptions that have taken place by the

                 percentages in other states and other

                 legislation, in most cases, believe it or not,

                 the advocates have been right and that those

                 costs have not exceeded an exorbitant amount,

                 and in some cases not exceeded 1 percent.

                            And we felt, because if you go back

                 to what I said earlier that there would be a

                 study provision in this bill and there would

                 be a sunset in this bill, that for once and

                 for all we would be able to evaluate costs.

                 Because my intent, Mr. President and Senator

                 Paterson, is that although alcohol and drugs

                 may not be a part of this, that as other

                 states have done, included it down the road.

                            So I see the 2 percent as a

                 positive thing.  I see it as an opportunity to



                                                        5103



                 prove, once and for all, along with the sunset

                 in the study, that those costs are reasonable

                 and that the coverage could be.  But we have

                 to have that empirical data.  It's very

                 important to have that accurate information.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Mr. President,

                 on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson, on the bill.

                            SENATOR PATERSON:    I have to

                 excuse myself for a moment.  I have to go and

                 talk to the leader about something.

                            But before I do, I would just like

                 to first apologize, in a way, to Senator

                 Libous.  Because I didn't mean to suggest and

                 did not want him to have to answer for the

                 fact that I thought he was accusing me of

                 playing a game.  He knows that we both take

                 these issues quite seriously, as we've both

                 been involved in the mental health field.

                            And this just may be one of the

                 disagreements that we've had.  And we have

                 actually worked out our disagreements in the



                                                        5104



                 past.  And I hope we can work them out now,

                 because I find this bill extremely troubling.

                 It is devastating to my hopes when I came in

                 this morning that we'd be able to pass some

                 version of Timothy's Law.

                            I don't think that we could even

                 consider it to be that, because I don't think,

                 tragically, that Timothy would even have been

                 eligible for this particular coverage.  There

                 are just too many triggers that would have

                 stopped it.

                            We have a number of mood disorders

                 that are listed in the bill -- schizophrenia,

                 schizoaffective disorder, major depression,

                 bipolar disease.  Now, in terms of

                 schizoaffective disorder, that was something

                 that in a sense came about because of the fact

                 that in terms of the mood disorders, bipolar

                 disease covers only about 43 percent of the

                 cases.  So we don't even really know what they

                 are.

                            Then as one of the disorders they

                 list paranoia.  But there are actually two

                 subsections of paranoia.  One is paranoia

                 schizophrenia type, which is 295.30 in the



                                                        5105



                 DSM-IV, and the other is paranoia personality

                 type, which is 301.0 in the DSM-IV.

                            And what confuses me about that is

                 that here, the mood disorder is included but

                 the personality disorder is not included.

                 Which I just cannot rationalize, and I really

                 don't know anyone in the field who actually

                 would.

                            Then we list as part of it -- we

                 don't include posttraumatic stress syndrome in

                 children, particularly, where it's

                 well-documented that this influences the young

                 mind in such a way as to cause different types

                 of disorders.  If we want to argue this case

                 with adults, that's one thing.  But with

                 children I think it's pretty much established

                 that early trauma can create extreme brain

                 syndromes or mental disease or disability.

                            And then we have listed in the

                 bill, one of the coverages is for panic

                 disorder.  Well, that's an anxiety disorder,

                 but we don't cover all of them.  So it's just

                 very confusing.

                            And also, the diagnoses are not as

                 strict and coherent to the actual mental



                                                        5106



                 illnesses.  They're really -- psychiatrists

                 will tell you they can barely diagnose

                 50 percent of the cases, that they're actually

                 that difficult.  It's hard to put a label on a

                 mental disease or mental disability.

                            So that being the case, I can't

                 understand this bill from the application of

                 who is going to be eligible and who isn't.

                            Now, when it comes to children, it

                 says that it's a diagnosis plus conduct.

                 Well, often the conduct of a young person

                 leads to the diagnosis.  But anybody in the

                 psychiatric field will tell you that the

                 conduct is often intermittent.

                            So you can have a diagnosis, the

                 conduct is not accompanying it right away,

                 it's latent, and by the time the conduct shows

                 up, you're actually in a situation where

                 you're at the end of the treatment, where the

                 patient is in serious -- seriously suffers

                 from the possibility that they may have some

                 major trauma or even, God forbid, an action

                 they take against their own lives, whether it

                 be successful or unsuccessful.

                            So here's another area where this



                                                        5107



                 bill is just woefully incomplete.

                            Now, when you factor in the fact

                 that there's a sunset provision and a study,

                 it sounds almost as if we don't really believe

                 that people with mental health illness are as

                 eligible as people with physical illness to

                 receive treatment.  We're saying that

                 companies that have 50 employees or less may

                 not have to provide the treatment.

                            We have moved toward Project

                 Healthy New York to have that opportunity for

                 those who have physical ailments, and here we

                 are taking another giant step backward by not

                 providing that to those who have a mental

                 hygiene disorder.

                            And these are just, you know, a

                 cursory explanation of the myriad problems

                 that I have with this legislation.  And it's

                 certainly not for the lack of effort on the

                 sponsor.  But this is one time I'm entirely

                 disappointed by this bill.  I can't think of

                 too much more anxiety I would feel from this

                 source.

                            We are not providing to people who

                 have these illnesses -- it's almost as if



                                                        5108



                 we're going back thirty years, where we're

                 sort of questioning whether or not mental

                 illness exists at all, where we're thinking

                 that people who suffer from major depression

                 are just lazy.

                            These are chronicled.  There are

                 four editions of psychiatric manuals that

                 document that this is real, it exists,

                 families suffer from it.

                            I thought we were at a point at

                 this time where no one had to apologize for --

                 no one has to apologize if they fall down and

                 hurt themselves and they can't walk anymore.

                 What about someone that suffers some sort of

                 trauma in early childhood and it affects their

                 ability to compute, to reason, to rationalize,

                 to in many ways form a reality that is

                 basically commensurate with what we would call

                 normal behavior?

                            And I think that in many ways we're

                 almost, through this piece of legislation,

                 blaming the victims, blaming them for the fact

                 that they have these problems, and not

                 providing them treatment in some respects

                 until maybe it's too late.  I don't want to



                                                        5109



                 lose another Timothy or anybody else that

                 could have gotten treatment that could have

                 helped them.

                            This is not to even in any way

                 imply that the legislation itself doesn't

                 manifest sincere caring or concern for the

                 victims.  I'm just saying that it is not in

                 any way -- it's almost anachronistic with what

                 modern psychiatric study and statistics

                 actually reveal.

                            I implore those who have worked on

                 this legislation to take it back somewhere,

                 take another look at it and let us present

                 witnesses, doctors, and the statistics that

                 will bear out the fact that we're going to

                 have to provide this service, number one, to

                 more people, that we're going to have to do it

                 with premiums that are fair and equitable, and

                 that we are going to have to make sure

                 particularly that it is understood that

                 children who suffer from trauma, whether it's

                 physical, sexual or emotional, that they are

                 given the opportunity to receive help while

                 perhaps it can reverse many of their

                 attributes and their conduct and they can



                                                        5110



                 become active citizens in our society.

                            I'm planning on voting no, Mr.

                 President.  And I'm just certainly hoping that

                 since we haven't been able to -- our offices

                 have not been able to finish business tonight,

                 that we'll be back here shortly and perhaps

                 look at another piece of legislation.

                            ACTING PRESIDENT MEIER:    Senator

                 Bruno.

                            SENATOR BRUNO:    Yes, thank you,

                 Mr. President.

                            You know, I've been listening with

                 great interest, between phone calls with the

                 Governor and Mayor Bloomberg and some of the

                 others that have an interest in what we're

                 doing here tonight and what we're not doing.

                 And this is one of the most serious pieces of

                 legislation.

                            And I have the greatest respect for

                 Senator Paterson and for some of the others

                 that have been speaking about their feelings

                 about this legislation.

                            Senator Libous has provided

                 leadership in moving this forward as it gets

                 to the floor.



                                                        5111



                            And I really just want to share

                 with my colleagues, this is not political.

                 This is not grandstanding in any way to do

                 something for everybody in the universe that

                 is a good thing.  That's not what this is

                 about.  This is about taking a giant step

                 forward to create parity for those who have a

                 mental illness of any type.  That's what this

                 is all about.  This is for real.

                            And I'm very cognizant, as you are,

                 and I remind you, as may have been stated,

                 that for every 1 percent of increase in

                 insurance rates in this state, another 30,000

                 people join the 3 million uninsured with no

                 insurance here in this state.  And 2 million

                 of those people end up in the charity pools,

                 because health care is a mandate.

                            So, do we do a public service if we

                 inadvertently drive the insurance rates up by

                 trying to deal with a universe that's out

                 there that we're not certain of what that

                 means?

                            So this bill, in a very, very real

                 way, helps maybe 75 percent, 80 percent of the

                 population that's out there.  And it gives us



                                                        5112



                 an opportunity to look at what the

                 ramifications are and hopefully, in a very

                 short period of time, move forward to cover

                 whatever else it is that we haven't covered.

                            So I am hearing what you have to

                 say.  And the Assembly has a bill that they

                 passed last year that covered a universe.  In

                 the most conservative estimates, that it could

                 very well drive 60,000 people more to the

                 uninsured.  That is not a public service in

                 any way.

                            To the Assembly's credit, they

                 negotiated and they came up with a credit,

                 saying that with small business, that we will

                 give them the credit.  And that's been

                 discussed.

                            Well, the estimates are that that

                 is a budget hit of about $50 million to

                 $125 million.  And when you're looking at a

                 $4 to $5 billion deficit, it doesn't work.  It

                 also establishes a precedent, potentially,

                 that will be a problem for all of us as we

                 face it.

                            So we cannot mandate to small

                 businesses additional costs of insurance,



                                                        5113



                 $6,000 or $7,000 a year per individual.

                 Employers with six employees, 10 employees,

                 20 employees, they can't manage that, many of

                 them, and stay in business.

                            So what we are trying to do is not

                 be clever, not be cute, not be political, not

                 be argumentative, not be confrontational, but

                 to try and very sincerely help a large

                 population that is waiting for help.

                            And I see the O'Clair family is

                 here in the chamber.  And they have been

                 diligent in helping us recognize the necessity

                 of helping the tens of thousands of people

                 that truly need help.  And we're indebted to

                 them for that.

                            So we want -- and I say this to

                 Senator Paterson, in all respect to those that

                 have different opinions, I'm sharing with you

                 tonight that we are not going to be doing a

                 bill that has a tax credit in it.  We're not

                 going to do it.  Not in three weeks, not in

                 three months, not next year, we're not going

                 to do it.  And I don't say that in a

                 confrontational way.  It is not going to

                 happen.  And if it landed, by some miracle, on



                                                        5114



                 the Governor's desk, it would be vetoed.

                            So if you want to be helpful, and

                 if you don't want to just politicize this

                 issue, then I would appeal to you, in all

                 sincerity, to help the people out there who

                 are waiting for us to help them.  And that's a

                 large segment of the population.

                            So, Mr. President and colleagues,

                 what we're trying to do here is real and

                 meaningful.  And I sincerely believe that if

                 we get some help in the entire chamber, that

                 the Assembly will have to look at this, they

                 will have to recognize that there's a large

                 population out there looking for us in the

                 Legislature to help them.  We want to help

                 them, and we want to help all of the others

                 that are out there get mental parity, because

                 it's way overdue here in this state.

                            Senator Libous, thanks again for

                 your leadership.

                            And I really, I appeal to you to

                 take this huge step forward in helping a

                 population that is waiting for us, their

                 elected representatives, to help them.

                            Thank you, Mr. President.



                                                        5115



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco, to explain his vote.

                            SENATOR DeFRANCISCO:    Thank you,

                 Mr. President.

                            I think Senator Bruno basically

                 said it all.  I was going to bring out several

                 points, and that is there is no perfect bill

                 that is ever going to be generated out of

                 either house.

                            The fact of the matter is in all

                 legislation we balance the various factors in

                 coming up with something that will work.  It

                 would be foolhardy to provide for benefits

                 that will result in more people becoming

                 uninsured.  That just would be irresponsible.

                 We'd be helping a few and taking others off of

                 the rolls of all types of insurance.

                            So whether this bill is perfect or



                                                        5116



                 not, it certainly moves the issue much further

                 than it's ever been before.  And it puts many,

                 many more people with health insurance that

                 will cover mental health issues.

                            And rather than being questioned

                 and being critical about the bill proposed

                 here by Senator Libous, we should congratulate

                 him for bringing this debate this far and for

                 working so hard for so many years on this

                 issue.

                            And I'm going to vote yes on this

                 bill with hopes that we get a real bill by

                 both houses this year.  We have to do that.  I

                 vote aye.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco will be recorded in the

                 affirmative.

                            Senator Farley.

                            SENATOR FARLEY:    Thank you, Mr.

                 President.

                            Let me start off by offering my

                 deep sympathy to the O'Clairs, who are with us

                 tonight, for the loss of their son.  Timothy

                 was my constituent.  And this tragedy that

                 happened in this Capital District is a tragedy



                                                        5117



                 of great proportions.

                            But let me just say something to

                 everybody in this chamber and those of you in

                 the gallery.  I have to pay my respects to Tom

                 Libous, Senator Libous, for the effort that he

                 has put in on this.  He is totally committed

                 to helping and to trying to solve this

                 terrible problem.

                            Timothy O'Clair would have been

                 covered under this bill.  I think that is

                 significant.  The perfect bill has never been

                 written in this house, probably will never be

                 written in this house, but this is a good

                 start.  This is one that will cover a great

                 number of people.

                            And I think it's something that is

                 truly a tribute to the sponsor here.  And I am

                 a sponsor of this bill.  Because Senator

                 Libous -- I know of no one that I have ever

                 served with in 28 years has been more

                 committed to his committee and to trying to

                 help people who are disabled.  And I can't say

                 enough on how hard he has worked on this.

                            And it's very, very difficult to

                 come up with a bill that's going to satisfy



                                                        5118



                 everybody, but this does satisfy an awful lot

                 of people in the industry -- in the area,

                 rather.  And I certainly congratulate you,

                 Senator Libous, and I'm going to vote aye.

                            And again, as I leave this, I wish

                 to say to the O'Clairs, who have worked so

                 hard on behalf of the memory of their son,

                 this is a good start and it's one that would

                 have covered Timothy.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Farley will be recorded in the affirmative.

                            Senator Bonacic, to explain his

                 vote.

                            SENATOR BONACIC:    Thank you, Mr.

                 President.

                            I think a very significant

                 accomplishment has taken place tonight.  And I

                 know probably the parents of Timothy are

                 disappointed.  But, but for their efforts, I

                 don't think this first step would have been

                 taken.

                            I think the thing that strikes me

                 about what we're doing tonight is that we are

                 helping a substantial amount of people who



                                                        5119



                 have mental illness that never would have had

                 coverage before.  And we, when we try to

                 tackle health insurance and we talk about

                 rising premiums and balanced approach, until

                 this country makes a decision on national

                 health insurance for all Americans, we are

                 always going to proceed in a patchwork frame,

                 only going piecemeal as to what we can afford.

                            And I've listened to my colleagues

                 on the other side of the aisle.  The things

                 they say in helping others are meritorious.

                 The problem is we are not in a position today

                 in New York to have the fiscal means to

                 balance, to try to keep business alive, not to

                 drive people to the uninsured.

                            So I vote in the affirmative.  I

                 thank Senator Libous and all those that worked

                 on this.  I thank Timothy's parents.  It's not

                 over yet.  And I know in the future it will

                 get better in improving this fight.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Bonacic will be recorded in the affirmative.

                            Senator Duane, to explain his vote.

                            SENATOR DUANE:    Thank you, Mr.



                                                        5120



                 President.

                            I really always get saddened when I

                 hear our great state compared to Arkansas and

                 Mississippi.  We can do a lot better than

                 that.

                            You know, we're encouraging New

                 Yorkers to spend money on VLTs.  And maybe

                 leadership would call for us to have New York

                 spend a couple of dollars per person on

                 providing mental health coverage.

                            You know, I'm not apologizing.  And

                 I do not anyone to apologize for me.  Yeah,

                 it's not a game.  This is a sick, shameful

                 typical New York government nightmare failure.

                 There's plenty of blame to go around, all

                 around this Capitol.  Not just here, all over

                 the Capitol, plenty of blame to go around.

                            But the proof is that we're not

                 leaving here with a law tonight.  And tomorrow

                 we're going to have to look at our family

                 members and our coworkers and our neighbors --

                 and, you know, no guarantee of blanket

                 comprehensive coverage for children, no

                 coverage for substance abuse?  Forget about

                 it.  I'm voting no.



                                                        5121



                            ACTING PRESIDENT MEIER:    Senator

                 Duane will be recorded in the negative.

                            Senator LaValle, to explain his

                 vote.

                            SENATOR LaVALLE:    Thank you, Mr.

                 President.

                            I rise to support this legislation,

                 to commend Senator Libous for the many, many

                 hours and meetings and trying to meet

                 somewhere in the middle to find a solution,

                 that we would have a bill on this very, very

                 day.

                            But I wanted to remind everyone of

                 a bill that I carried some years ago on

                 infertility.  And we came to the floor several

                 times before we ended with a resolution.  I

                 want to just reinforce something that is very

                 important that Senator Bruno talked about.  We

                 talked about this in the debate on the

                 infertility bill.

                            When we're adding a new service and

                 we try to be responsive to the stakeholders,

                 the constituency that is making this request,

                 we do so in which we have to thread a needle.

                 And that needle is to provide important



                                                        5122



                 services but not increase the premiums and

                 thereby drive a greater number of people to be

                 uninsured.

                            And so we need to move forward.

                 Mental health services are critical.  They're

                 very important.  And we're going to get there.

                 And it may take a little longer during this

                 year.  But we cannot increase the number of

                 uninsured as we try and resolve the issue on

                 the other side, and that is to provide

                 important services.

                            I vote in the affirmative, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle will be recorded in the affirmative.

                            Senator Liz Krueger, to explain her

                 vote.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  I rise to explain my vote.  I

                 voted no on this bill.

                            And I heard Senator Bruno, and I

                 have to challenge some of the statements he

                 made.  This won't serve 75 percent of the

                 population out there, and we know that.

                 Because in fact, at least 40 percent of the



                                                        5123



                 workers in this state are exempt already

                 because they're in the type of employment that

                 would not be covered by any insurance decision

                 we made tonight.

                            And if we exempt people with

                 companies below 50, we're exempting another

                 universe of people who need this insurance.

                            And of course if we exempt all the

                 non-diagnosed categories in this bill, we

                 exempt large numbers of people who need our

                 help.  And the fact that this bill doesn't

                 cover substance abuse or alcoholism exempts

                 another universe of people who need this

                 coverage from this bill.

                            So I can't -- Senator Libous said

                 we can't know what all the statistics are, and

                 I agree.  But we know it doesn't cover

                 75 percent of the people who need mental

                 health parity insurance in this state.

                            And he also said no matter how long

                 we wait, we won't see tax credits that are

                 available for mental health parity.  And so I

                 have to ask the question, why, if we can't

                 have them for mental health parity, a week ago

                 this house passed new tax credits for small



                                                        5124



                 businesses to the tune of $665 million as part

                 of the tax package, tax reduction proposals of

                 S7471.

                            And there was no public debate.

                 There were not years of discussion.  There

                 were not hearings.  There were not advocates

                 coming to Albany with their explicit

                 justifications for why this is so important

                 and why it is not a game.

                            And then just yesterday, without

                 any discussion, without any hearings, we

                 passed a bill involving health savings

                 accounts that would cost the State of New York

                 $1.6 billion, an additional $1.6 billion.

                            And one of the statistics thrown

                 out there was in other states that have gone

                 down this road, 30 percent of the people

                 participating didn't have health insurance

                 before, which means 70 percent did.

                            So if we can spend $1.6 billion

                 with no debate and we can pass tax cuts of

                 $665 million, I would argue we need to explore

                 $125 million in tax credits for this bill.

                            I will be voting no.  Thank you,

                 Mr. President.



                                                        5125



                            ACTING PRESIDENT MEIER:    Senator

                 Krueger will be recorded in the negative.

                            Senator Schneiderman, to explain

                 his vote.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  I also will be voting no.

                            And I think that we certainly have

                 everyone's attention here tonight.  Senator

                 Bruno requested that.  The chairman of the

                 Assembly Committee on Mental Health is here.

                 Assemblyman Tonko, the sponsor of this bill,

                 is here.  We have the advocates here, we have

                 the family here.

                            And I think everyone here

                 understands what's going on in this chamber

                 tonight.  We're not coming to agreement on a

                 bill, after many promises and much public

                 discourse about it.  We're leaving here this

                 year without addressing this issue.

                            And I would urge my colleagues that

                 the price that we pay for our failure to cover

                 mental illnesses is much greater than the

                 price that we would pay if we put up a little

                 more money to treat people.  And everyone

                 knows this.



                                                        5126



                            The cost to the state, the cost to

                 our workforce, the cost to our families, the

                 cost to our economy from our failure to

                 provide parity is far greater than any amount

                 that we would commit to this.

                            And I appreciate Senator Bonacic's

                 plea for universal health care.  We have a

                 bill that we can't get to the floor here

                 called New York Health that would provide

                 universal health insurance in the State of

                 New York.  And for reasons that should be

                 obvious after this debate, it would be cheaper

                 for us to give everyone in New York State an

                 insurance card than it would be to go on with

                 this system with many insurance companies,

                 various coverages and deductibles.

                            And finally, I have to say, with

                 regard to some of the statements made by my

                 colleagues on the other side of the aisle, it

                 is clear that we're in an area here where

                 there is a lack of clarity, where insurance

                 companies that have a propensity to deny

                 coverage -- because that's what they do, and

                 you have to fight with them sometimes for even

                 very basic treatment -- could take a bill like



                                                        5127



                 this, that has so many vagaries, so many

                 loopholes, so many definitions, so many

                 additional requirements, and reject pretty

                 much every claim.

                            I would urge you that if we're

                 going to go forward with this, let's take out

                 the most offensive provisions.  Let's take out

                 the requirement that even if a child is

                 diagnosed with a mental disorder, you still

                 have to have this conduct in addition to the

                 diagnosis.  That's outrageous.

                            And I would also urge my

                 colleagues, and particularly Senator Libous,

                 who, with reference to the 2 percent

                 provision, made a reference to actuaries

                 submitting things -- an actuary can submit,

                 there's no requirement that the Department of

                 Insurance sign off on it.  A certification

                 just has to be prepared by an actuary and

                 submitted.

                            Well, you referred to

                 Pricewaterhouse as being, you know, available

                 for payment.  I have here a report by the

                 actuaries at Pricewaterhouse -- that are

                 exactly the people who could be submitting, on



                                                        5128



                 behalf of an insurance company, a

                 certification -- studying the costs and

                 effects of parity for mental health and

                 substance abuse insurance benefits, and noting

                 that they range from 8.7 percent to

                 3.9 percent to 3.2 percent to 4.0 percent to

                 0.4 percent.

                            This bill is not going to cover

                 anyone.  It's not going to cover anyone

                 because of the loopholes and the problems and

                 the conflicts.  And it's not going to cover

                 anyone because it's not going to pass the

                 Assembly.  We're leaving here without taking

                 action on this issue.  Let's not pretend

                 otherwise.

                            I'm sorry, I'm sorry we have not

                 gotten this done this year.  We will do

                 everything we can do to keep the fight up.

                 I'm voting no.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman will be recorded in the negative.

                            Senator Libous, to explain his

                 vote.

                            SENATOR LIBOUS:    Thank you, Mr.

                 President.  I'd like to explain my vote.



                                                        5129



                            Senator Bruno, first of all, I want

                 to thank you for showing your leadership and

                 taking a major, major step here this evening

                 on an issue that needed to be addressed.  And

                 because of your passion and your leadership,

                 that issue is being addressed.

                            And, Mr. President, I respect the

                 passion of my colleagues on the other side of

                 the aisle.  This is a very, very emotional

                 issue.  This is an issue that makes all of us

                 sometimes question how we lead and how we take

                 our place in public service.  And these are

                 issues very similar to -- this is an issue

                 similar to abortion, the death penalty and

                 others.

                            But I have to take exception in

                 saying this, that I see this as a major step

                 this evening, rather than taking a negative

                 outlook and a negative aspect on a bill that I

                 think there's some confusion on.

                            And I would ask you, even if you

                 voted against this, to take the bill and read

                 it, to go back and talk to people in the field

                 and understand that what this does is takes a

                 major step in covering those individuals with



                                                        5130



                 serious biological mental illness.  And it

                 goes extremely far in taking care of those

                 children.

                            The amendment that was on the floor

                 this evening is quite fuzzy in some of those

                 areas, and quite open in trying to really

                 clarify and classify certain types of illness.

                            But I want to leave with this.

                 While I think this bill needs to be passed

                 this evening because it moves us very

                 positively in the right direction, I also

                 would hope that the members of the Assembly

                 that are here, and those that may be

                 listening, would heed what Senator Bruno had

                 said.  That while this bill is passing this

                 house, we are open to discussion, we are open

                 to only one thing, and that is to create

                 legislation that will help the mentally ill.

                            Now, we believe that this is the

                 right way to do it.  We believe that this is a

                 balanced approach.  We believe that you cannot

                 just open the floodgates at any cost, and

                 jeopardizing those people who will then be

                 uninsured because those companies will drop

                 their insurance coverage.  So there's two



                                                        5131



                 edges to this sword.  And you have to be very

                 careful in watching it.

                            And, my colleagues, I would close

                 in saying this.  I too want to thank Tom and

                 Donna O'Clair for their passion.  No one knows

                 how they feel; only they do.  No one knows the

                 frustration that they feel.  And no matter

                 what we say on the floor, no matter what we

                 try to do, it cannot heal and cannot take the

                 place of their loss of their most precious

                 son.

                            I would only hope that they

                 understand that while we may be taking

                 different approaches in how we reach the final

                 goal, that we are as passionate and as

                 committed to make something real happen, and

                 that we feel that this is the best approach,

                 not the other approach that was passed in the

                 other house.

                            ACTING PRESIDENT MEIER:    Senator

                 Libous will be recorded in the affirmative.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT MEIER:    Call the



                                                        5132



                 roll.

                            I'm sorry.  Senator Connor.

                            SENATOR CONNOR:    To explain my

                 vote, Mr. President.

                            I haven't put my hand up yet; I

                 haven't voted.  I'm kind of torn, because I do

                 believe that very often the perfect is the

                 enemy of the good, as we've heard before.  And

                 clearly the bill before us will help some

                 people who otherwise would not be helped if

                 there's no change in the law.

                            But on the other hand, I don't get

                 to vote my preference.  I did that on the

                 amendment.  We rarely, on final bills here in

                 this house, on this side of the aisle, get to

                 vote our preferences.  We get to see if

                 something's good enough or it advances

                 something.

                            And while this bill certainly

                 advances the cause, what I see here is an

                 invitation to negotiate.  I certainly take the

                 good faith of everyone involved.  I know my

                 colleague Senator Libous, on the other side of

                 the aisle my colleagues are serious about

                 trying to do something.  But when I hear



                                                        5133



                 someone say "And we're open to talk," that

                 sounds like negotiations.  And I don't believe

                 in negotiating against myself.

                            So I'm voting no.

                            ACTING PRESIDENT MEIER:    Senator

                 Connor will be recorded in the negative.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1841 are

                 Senators Andrews, Breslin, Connor, Dilan,

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

                 Meier, Parker, Paterson, Sabini, Schneiderman,

                 Seward, A. Smith, M. Smith, and Stavisky.

                 Also Senators Diaz and Gonzalez.  Ayes, 41.

                 Nays, 19.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we ask for an immediate meeting of the

                 Rules Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT MEIER:

                 Immediate meeting of the Rules Committee in



                                                        5134



                 the Majority Conference Room.

                            Senator Bruno.

                            SENATOR BRUNO:    And, Mr.

                 President, can we at this time take up

                 Calendar Number 1844.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1844.

                            THE SECRETARY:    Calendar Number

                 1844, by Senator Johnson, Senate Print 7643,

                 an act to amend the Vehicle and Traffic Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Bruno.

                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT MEIER:    There is

                 a message at the desk.

                            Could members who are exiting try

                 to do so quietly, please.

                            There is a message at the desk,

                 Senator Bruno.

                            SENATOR BRUNO:    I would move that

                 the message be accepted.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.



                                                        5135



                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (Response of "Nay.")

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            Read the last section.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            SENATOR JOHNSON:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson.

                            SENATOR JOHNSON:    There's an

                 economic crisis in this state that's been

                 growing worse year by year, and it has to deal

                 with leased automobiles.  Three years ago,

                 240,000 cars were leased; last year, only

                 140,000; and it's estimated this year about

                 50,000.

                            We are denying consumers the

                 opportunity to lease cars which they want.

                 They cannot afford to buy it, and they are

                 just holding off leasing, buying secondhand

                 cars, whatever they have to do.



                                                        5136



                            The industry is losing out, and the

                 consumers are losing out.  And the reason is

                 an anachronistic law which was passed 80 years

                 ago called "vicarious liability."  This bill

                 is going to deal with the vicarious liability

                 problem.

                            You see, when this bill was passed

                 in 1924, there was no such thing as leased

                 automobiles.  It was to deal with cars which

                 were owned by wealthy -- relatively wealthy

                 people.  There were no requirements for

                 insurance.  That situation does not exist

                 today.  Today, most people have insurance.

                            The reason these leases are

                 declining is because lawyers noticed that this

                 law was on the books and decided when they sue

                 a person who has an accident, they also sue

                 the owner of the leased car, resulting in

                 multi-million-dollar lawsuits and really

                 devastating many leasing companies because

                 they could not purchase or could not afford to

                 get insurance, so they're simply withdrawing

                 from the market.

                            That is an unhealthy economic

                 situation.  Nobody benefits from this



                                                        5137



                 situation.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR JOHNSON:    No, I'm not

                 done yet.  I made a lot of notes, but I wrote

                 them so small --

                            SENATOR SCHNEIDERMAN:    Take your

                 time.

                            SENATOR JOHNSON:    Yeah, we have

                 to wait until the other people get back

                 anyway.

                            SENATOR SCHNEIDERMAN:    Yeah,

                 we've got time.

                            SENATOR JOHNSON:    Anyhow, so the

                 original situation involves owners of cars

                 hiring drivers, essentially, without any

                 insurance or any financial responsibility.

                            Now, this lawsuit, I say, has

                 resulted in 48 leasing companies leaving this

                 state and creating the problem which I summed

                 up before.

                            Now, since I put my last bill in

                 last year and the year before, at that time

                 there were three states in the nation which

                 permitted vicarious liability.  Since then,



                                                        5138



                 Rhode Island and Connecticut have reformed

                 their laws so the problem doesn't exist

                 anymore.

                            We have taken the model of those

                 states and created a bill similar to that

                 which certainly should be acceptable since

                 it's been acceptable to all interests and

                 varied interests in both of the other states.

                            This would provide that the owners,

                 the lessors of the car carry insurance to back

                 up the lessee's insurance, which you know

                 we're all required to carry, leaving a total

                 of almost $700,000 worth of liability

                 insurance protection behind each car.

                            I think it should be satisfactory

                 to everybody involved.  And it's a good bill,

                 it has to be done for the welfare of this

                 state and the industry and the consumers, as I

                 said, and should be adopted at this time.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Mr.

                 President, if the sponsor would yield for a

                 question.

                            SENATOR JOHNSON:    I thought I



                                                        5139



                 answered them all.

                            Just go ahead.  Of course, of

                 course.

                            ACTING PRESIDENT MEIER:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    The

                 sponsor referred to his bill of last year.  Is

                 the bill before us now different in any

                 respect from the bill that was before this

                 house last year?

                            SENATOR JOHNSON:    It's different

                 in just about every respect, yes.  It doesn't

                 do away with vicarious liability, which the

                 other bill intended to do.

                            SENATOR SCHNEIDERMAN:    Sorry, if

                 I could interrupt the dynamic duo here for a

                 moment, I can't hear the responses.

                            SENATOR JOHNSON:    The last bill

                 changed the definition of "owner" and

                 essentially did away with vicarious liability.

                            This leaves that chapter in there,

                 but it says if the lessor and lessee have

                 sufficient insurance coverage, then the

                 previous chapter, which is still on the books,

                 would not apply.  But the protection is there



                                                        5140



                 for the person who is sued and so on.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Mr. President, if the sponsor would

                 continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson, do you continue to yield?

                            SENATOR JOHNSON:    Yes.

                            SENATOR SCHNEIDERMAN:    So if I

                 understand you correctly, then, this would

                 require a certain level of insurance, and if

                 that level of insurance were maintained, then

                 the vicarious liability law would be

                 eliminated.  But if they don't have that much

                 insurance, then you'd still be able to bring

                 an action for vicarious liability.  Is that --

                 that's --

                            SENATOR JOHNSON:    Yes.

                            SENATOR SCHNEIDERMAN:    Okay.

                 Thank you.  Mr. President, on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    I would

                 like to thank the sponsor for his explanation,

                 even better than his explanation of this bill

                 last year.



                                                        5141



                            However, I still have to oppose

                 this legislation, for reasons similar to the

                 ones we discussed last year.  This would

                 eliminate the rights of injured parties to

                 recover in many, many circumstances.

                            And the sponsor referred to the

                 history of vicarious liability law, and I'd

                 like to remind everyone here that the reason

                 we have a law of vicarious liability is that

                 in the common law, in the tort law, we have

                 complicated situations where you try to

                 determine -- and I remember these puzzles from

                 law school -- who should bear the cost.  You

                 have an owner, you have a party who's actually

                 the -- whose conduct is at issue, you have

                 someone who caused the circumstances that led

                 to the conduct.  And under the American system

                 of justice, we have to determine who should

                 fairly bear the burden, who should pay.

                            And I would like to remind all of

                 you of the salutary purpose of the vicarious

                 liability law of the State of New York as

                 expressed by the Court of Appeals in Mowczan 

                 v. Bacon, a 1998 case.

                            "The thrust of the statute" -- I'm



                                                        5142



                 quoting now -- "is designed to give injured

                 persons access to a financially responsible,

                 insured entity that might provide for a more

                 realistic recovery of damages.  The enactments

                 also remove a hardship and imbalance which the

                 common law rule visited upon innocent persons.

                 To wit, owners would not be permitted to evade

                 responsibility by claiming that their vehicles

                 were being used either without authority or

                 not in the course of their business."

                            Vicarious liability is a fine

                 principle of law.  It's a good principle of

                 law.  It is something that has been upheld in

                 every court, in every state, in various

                 circumstances.  And I would urge all of you

                 that it's getting a bad name it doesn't

                 deserve through the propaganda of the

                 so-called tort reform movement.

                            The point of vicarious liability is

                 simply to say if you retain ownership of the

                 vehicle, you have a responsibility.

                            Now, let's look at what we're

                 talking about here.  One of the most basic

                 principles of tort law is when you're trying

                 to determine who's at fault, look at who's



                                                        5143



                 making money.  If somebody's making money out

                 of the transaction, they're profiting from the

                 enterprise by which someone is injured, that's

                 the first place to look for recovery.  That's

                 the first place to look for recovery.

                            And the problem we've got here,

                 simply, is we have an industry that's losing

                 money and they don't want to give up the

                 benefits of ownership of the car, the

                 automobile leasing industry, but they want to

                 give up the responsibility for ownership.

                            I would urge the sponsor that the

                 problem of the reduction in leases that has

                 led to this campaign to repeal vicarious

                 liability laws, or limit them, as in this

                 case -- this problem is a national problem.

                 And it is not because of vicarious liability.

                            A recent study has shown that

                 nationally the number of car leases shrank

                 50 percent in a two-year period.  In the years

                 2001 and 2002, the number of car leases was

                 reduced by 50 percent.  That's in states all

                 across the country, many of them that don't

                 have the vicarious liability provisions which

                 we nobly maintain here in New York.



                                                        5144



                            They shrank because people aren't

                 leasing cars.  They have zero percent

                 financing, the number of car leases is

                 going --

                            ACTING PRESIDENT MEIER:    Excuse

                 me for a moment, Senator Schneiderman.

                            Senator Balboni, why do you rise?

                            SENATOR BALBONI:    Yes, Mr.

                 President, would the gentleman yield for a

                 question, please.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman, do you yield for a question?

                            SENATOR SCHNEIDERMAN:    I will in

                 just one moment, but I'm on this train of

                 thought and I'm afraid that I'll get off at

                 the wrong stop.

                            But I welcome the opportunity,

                 before the dance is done, to have another

                 round with Senator Balboni.

                            The point that I'm making is that

                 this is an industry that retains the benefits

                 of ownership but will give up the

                 responsibility.  Let me urge you, in

                 considering whether or not to vote for this

                 bill, to consider the following fact -- and



                                                        5145



                 then I would be glad to talk with the

                 distinguished Senator from the Gold Coast.

                            Depreciation is a principal benefit

                 of ownership.  Now, automobile companies that

                 lease get to depreciate a car.  They don't

                 want to give up the benefits of ownership or

                 the responsibilities of ownership for that

                 purpose.

                            And, Senator Balboni and Senator

                 Johnson, the federal tax code, Section 168 of

                 the Internal Revenue Code, provides that

                 20 percent of the cost of the vehicle can be

                 depreciated in the first year, 32 percent the

                 second year, and 19.2 percent the third year.

                 Applying these percentages to a $20,000 car --

                 which is low -- the car leasing companies can

                 deduct $4,000 for each of their one-year-old

                 vehicles, $6,400 for a two-year-old vehicle,

                 and another $3,800 for each of the

                 three-year-old vehicles.

                            So this is a situation in which an

                 industry is losing money.  They want to keep

                 the benefits of ownership, but they want us to

                 take away a fine principle of law, vicarious

                 liability, and give up the burdens of



                                                        5146



                 ownership for those purposes.

                            I don't think there's any reason

                 for us to say, here in the great state of

                 New York, oh, well, other states have done

                 this, so we should do it.  If I lend my car to

                 someone, I don't get an exemption.  And I'm

                 not making money out of the deal.

                            This is something that actually

                 singles out the group of people who probably

                 are least deserving, under the basic

                 principles of tort law, of being exempted from

                 vicarious liability actions -- those who

                 profit from the transaction -- and cutting a

                 big loophole to help out an industry that's

                 having problems leasing their cars.

                            I am going to vote no for this bill

                 unless something occurs in the ensuing

                 minutes, through the dazzling performance of

                 my distinguished colleague on the other side

                 of the aisle, to change my mind.

                            And in that spirit, I would be

                 happy to yield to a question from Senator

                 Balboni.

                            SENATOR BALBONI:    Mr. President,

                 through you, would the gentleman care to tell



                                                        5147



                 everybody in the chamber how many other states

                 have a vicarious liability exemption as it

                 relates to leased vehicles?

                            SENATOR SCHNEIDERMAN:    Through

                 you, Mr. President, if my distinguished

                 colleague had listened to the brilliant

                 explanation by the sponsor of the bill, he has

                 already addressed that issue.  No states.

                            SENATOR BALBONI:    Thank you.

                 Obviously he's not letting me preface the

                 question.

                            Next question is, out of all those

                 states, can --

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni, are you asking Senator Schneiderman

                 to yield for another question?

                            SENATOR BALBONI:    Mr. President,

                 through you --

                            ACTING PRESIDENT MEIER:    Wait,

                 wait, wait.

                            SENATOR BALBONI:    Mr. President,

                 through you --

                            SENATOR SCHNEIDERMAN:    Hold on, I

                 know you --

                            ACTING PRESIDENT MEIER:    Listen,



                                                        5148



                 guys, as riveting as this little by-play is,

                 let's follow the rules, shall we.

                            SENATOR BALBONI:    Okay.

                            ACTING PRESIDENT MEIER:    Are you

                 asking Senator Schneiderman to yield?

                            SENATOR BALBONI:    Yes.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman, do you yield?

                            SENATOR SCHNEIDERMAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 Senator yields.

                            SENATOR BALBONI:    Mr. President,

                 through you.

                            Senator Schneiderman, can you tell

                 us in how many other states have there been

                 liability verdicts in which the plaintiff has

                 not been able to recover the full amount of

                 recovery as a result of the vicarious

                 liability law enacted in that state?

                            SENATOR SCHNEIDERMAN:    Through

                 you, Mr. President, I don't know the number of

                 states.  I know that there are cases where

                 that has occurred, but I don't have the

                 statistics on a state-by-state basis.

                            However, I would respectfully



                                                        5149



                 submit that when we're seeking to pass a law

                 that could burden victims, that could result

                 in people who are injured being unable to

                 recover -- which is certainly a possibility

                 that must be acknowledged under this law,

                 under the bill that's presented to us -- the

                 burden really should be on the sponsors to

                 show us situations in which, you know, this

                 crisis, so-called crisis is being created.

                            I don't know state by state how

                 many times people have not been able to

                 recover.  But it's clear that if you're

                 seriously injured, if you're crippled, if you

                 suffer brain damage and the owner of the

                 car -- the owner of the car, the company that

                 depreciates the asset, that benefits in every

                 other respect from ownership -- is not

                 responsible, then you're left with whatever

                 insurance is required by that state, through

                 the state law, of the driver, of the person

                 leasing the car.

                            And I would submit that we've never

                 seen statistics showing a large number of

                 actions having resulted in huge payments that

                 are alleged, but have never been proven, by



                                                        5150



                 auto leasing companies that result in this

                 crisis.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.

                            I would respectfully submit to my

                 colleagues that this bill, appearing as it

                 does on the last night of session, is not

                 going to pass the Assembly, that if there was

                 a serious effort underway to reform the system

                 of vicarious liability in this state for auto

                 leases that we would have seen something

                 earlier in the session.

                            Now, we all -- I think we know,

                 it's no secret, that negotiations have been

                 going on, that representatives of the

                 plaintiffs' bar have been in discussions with

                 the industry, are trying to come up with some

                 sort of a compromise so that we can resolve

                 this issue.

                            This bill, with all due regard to

                 the distinguished sponsor, is a one-house bill

                 being dropped in the last night of session so

                 we can send some sort of message to the



                                                        5151



                 industry or whoever is urging and pushing upon

                 us that we reform this fundamental area of

                 tort law, in order to benefit an industry that

                 likes the benefits of ownership but doesn't

                 want the burdens.

                            If we're serious about this, let's

                 get back to work next year with those

                 negotiations.  I'm happy to do whatever I can

                 do to aid them.  I do think a compromise is

                 possible in this area.  I do think the trial

                 lawyers have shown good faith in attempting to

                 negotiate.  But I am absolutely confident that

                 this last-night one-house bill is not going

                 anywhere, it shouldn't go anywhere, and I'm

                 going to vote no.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Stavisky.

                            SENATOR STAVISKY:    Mr. President,

                 if the sponsor would yield for a question.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson, do you yield for a question?

                            SENATOR JOHNSON:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The



                                                        5152



                 sponsor yields.

                            SENATOR STAVISKY:    Through you,

                 Mr. President, can the sponsor tell us

                 approximately how many cars are leased in

                 New York State each year?

                            SENATOR JOHNSON:    Well, the last

                 figure is about 50,000.  A couple of years

                 ago, it was about a quarter of a million.

                            SENATOR STAVISKY:    I'm sorry,

                 50,000?

                            SENATOR JOHNSON:    Fifty thousand,

                 looks like, this year, and two years ago it

                 was about a quarter of a million.  That means

                 five times as many.

                            SENATOR STAVISKY:    And how many

                 cases of vicarious liability have been

                 initiated based upon those car leases?

                            SENATOR JOHNSON:    I don't think

                 anyone has any statistics on that.

                            I can say that too many lawsuits

                 with too much money has made it impossible for

                 leasing companies to secure insurance, in many

                 cases, or even stay in business because of the

                 cost.  Because they're not competitive

                 anymore.



                                                        5153



                            Leasing is a very economic way to

                 get a vehicle for yourself, but not in present

                 circumstances, due to the vicarious liability

                 law.

                            SENATOR STAVISKY:    Thank you.

                            Mr. President, on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Stavisky, on the bill.

                            SENATOR STAVISKY:    Yeah, I don't

                 want to belabor the points that Senator

                 Schneiderman made.  But the numbers that I

                 have, and admittedly they're a year old, a

                 year and a half old, my statistics show that

                 there were 886,000 new car leases in New York

                 State, and approximately 215 vicarious

                 liability lawsuits for the largest of -- the

                 eight largest leasing companies.

                            I was seeking to verify those

                 statistics from you, from the sponsor of the

                 legislation.

                            However, this is a problem, and

                 it's a problem that's been with us for a long

                 time.  It's obvious that auto leasing has been

                 less profitable.  But it seems to me it's been

                 less profitable because of the economy,



                                                        5154



                 although perhaps the economy is rebounding, as

                 well as the rebates that are being offered by

                 the new car dealers.

                            Vicarious liability has been part

                 of the legal system for many, many years.  And

                 this is an issue I think that ought to be

                 negotiated.  This is a subject that I believe

                 has been negotiated between the leasing

                 companies and the trial lawyers, and I would

                 hope that we can come to a resolution.

                            However, based upon the consumers,

                 since they're the ones who will suffer in the

                 case of a lawsuit, the victims of negligence,

                 I'm urging my colleagues to vote no on this

                 until such time as we have resolved the issue.

                            ACTING PRESIDENT MEIER:    Senator

                 Sampson.

                            SENATOR SAMPSON:    Would the

                 sponsor yield for a question.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson, do you yield?

                            SENATOR JOHNSON:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.



                                                        5155



                            SENATOR SAMPSON:    Through you,

                 Mr. President, how many claims have actually

                 been paid out as a result of the vicarious

                 liability claims?

                            SENATOR JOHNSON:    Senator, I

                 don't have those figures.

                            All I can tell you is, as Senator

                 Schneiderman said, the insurance companies are

                 making money on depreciating their cars, and

                 they're making money on leasing cars in other

                 states, except our state, and they're in

                 business to make money.

                            All I can tell you is if they were

                 not losing money, if they were not under

                 economic pressure, they could not

                 competitively lease because of the situation,

                 they would be leasing a lot more cars.  That's

                 all I can tell you.

                            So the problem is really -- well,

                 your question was exactly what?

                            SENATOR SAMPSON:    Through you,

                 Mr. President --

                            SENATOR JOHNSON:    No, I think I'm

                 answering it obtusively.  I want to answer it

                 more directly.



                                                        5156



                            SENATOR SAMPSON:    My question is

                 actually -- the auto makers claim that they're

                 being sued for hundreds of millions of

                 dollars.  My question is, how much actually

                 have they paid out?

                            SENATOR JOHNSON:    Okay.  Well,

                 the question is answered by the unavailability

                 of insurance completely and the unavailability

                 of insurance because of the cost.  They could

                 not stay in the leasing business and pay all

                 that, so they stopped leasing cars.  That's a

                 fact, and you can determine that anywhere.

                            Almost all our leasing companies

                 have stopped leasing cars in this state

                 because of the problem.  So obviously it's too

                 expensive, they can't afford to continue to

                 this way, so they're trying to sell cars with

                 balloon payments and so on at the end because

                 they can't afford to do leasing.

                            So they're not making a profit at

                 it, and we're taking it an essential service

                 away from the citizens of this state, the

                 availability of a leased car, by not

                 reconciling the situation.

                            I'd like to ask -- do you have



                                                        5157



                 another question, Senator?

                            SENATOR SAMPSON:    No.

                            SENATOR JOHNSON:    I'd like to ask

                 a question to you, just off the wall and

                 nothing personal about anything.

                            Now, if someone has an accident

                 with your car, they are covered to the amount

                 of your insurance whatever it might be; right?

                            Now, if you had a leased car, they

                 would have not only your insurance, but the

                 insurance of the bank or leasing company.

                            SENATOR SAMPSON:    Correct.

                            SENATOR JOHNSON:    So if not

                 everyone can be lucky enough to hit a leased

                 car and have a double pocket of money to dig

                 into, then they're all being disenfranchised

                 in some manner.

                            So either everybody's got to have a

                 godfather with deep pockets to follow up his

                 insurance company or it isn't fair to have

                 only these companies carry it, having the deep

                 pockets, while other people just go with their

                 normal liability insurance.

                            So there's really no need for this

                 law.  It started 80 years ago when the owners



                                                        5158



                 of the car were -- might have had some assets

                 but the driver had no assets and had no

                 insurance.  There was no compulsory insurance.

                 Compulsory insurance started in this state

                 maybe fifty years ago.  Before that, there was

                 no compulsory insurance; everybody got along.

                            But the lawyers have discovered, in

                 their avarice, deep pockets, and so they're

                 going to zero in on leased cars and create an

                 economic crisis for this state.  It's got to

                 be dealt with.  Their only solution is "find

                 another way to give us the money, because we

                 don't want to stop taking money we're not

                 entitled to."  That's about it.

                            SENATOR SAMPSON:    Thank you for

                 your answer, Senator.

                            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.)



                                                        5159



                            ACTING PRESIDENT MEIER:    Senator

                 Balboni, to explain his vote.

                            SENATOR BALBONI:    To explain my

                 vote.

                            This principle of law is nothing

                 more than an anachronism.  It says that if you

                 give a car to somebody, you are liable.  Not

                 through fault, but just through history.  It

                 is one of the things that we hang on in this

                 state that simply drives up the cost of

                 insurance without any sensibilities.

                            And what I would note is that part

                 of the debate we heard about regulations in

                 the tax code and a very well prepared debate

                 with all sorts of information, except the one

                 thing, what are the cases in the 49 other

                 states that have had this law in which the

                 plaintiff has been denied their actions and a

                 recovery.

                            So I think we're missing the

                 footing of this argument.  This should be done

                 away with.  We're the last state to do it in

                 the nation, we're suffering because of it.

                 And it really is a consumer issue.

                            I'm going to vote in favor of this



                                                        5160



                 measure.  Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni will be recorded in the affirmative.

                            Senator Hassell-Thompson, to

                 explain her vote.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you, Mr. President.  I appreciate the

                 opportunity.

                            In this -- I'm requesting

                 permission to abstain.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Hassell-Thompson will be

                 recorded as abstaining from the vote.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1844 are

                 Senators Andrews, Bonacic, Breslin, Brown,

                 Dilan, Duane, L. Krueger, Mendez, Onorato,

                 Parker, Paterson, Sabini, Sampson,

                 Schneiderman, and Stavisky.  Ayes, 44.  Nays,

                 15.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Balboni.



                                                        5161



                            SENATOR BALBONI:    Mr. President,

                 could we please return to reports of standing

                 committees.

                            I believe that there's a report of

                 the Rules Committee at the desk.

                            ACTING PRESIDENT MEIER:    Reports

                 of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 123C, by Senator

                 Alesi, an act to amend the Banking Law;

                            292A, by Senator LaValle, an act to

                 amend the Education Law;

                            1823A, by Senator Meier, an act to

                 amend the Tax Law;

                            2607, by Senator Padavan, an act to

                 amend the Public Health Law;

                            2832, by Senator DeFrancisco, an

                 act to amend the Real Property Tax Law;

                            2926B, by Senator Breslin, an act

                 in relation to allowing;

                            3734A, by Senator Hoffmann, an act

                 to amend the Public Authorities Law;



                                                        5162



                            3773A, by Senator Trunzo, an act to

                 amend the Retirement and Social Security Law;

                            4255B, by Senator Nozzolio, an act

                 to amend the Energy Law;

                            5112B, by Senator Little, an act to

                 amend the Indian Law;

                            5452C, by Senator Volker, an act to

                 amend Chapter 824 of the Laws of 1933;

                            7380, by Senator Marchi, an act to

                 amend the Education Law;

                            7441B, by Senator Golden, an act to

                 amend the Public Authorities Law;

                            7447, by Senator Padavan, an act to

                 amend Chapter 738 of the Laws of 1988;

                            7592, by Senator Spano, an act to

                 amend the Labor Law;

                            7622, by Senator Golden, an act to

                 amend the Tax Law;

                            7634, by Senator Volker, an act to

                 amend Chapter 605 of the Laws of 2000;

                            7646, by Senator Golden, an act to

                 amend the Executive Law;

                            And Senate Print 7647, by Senator

                 Volker, an act to amend the Executive Law.

                            All bills ordered direct to third



                                                        5163



                 reading.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.

                            SENATOR BALBONI:    Yes, Mr.

                 President.  I would move to accept the report

                 of the Rules Committee.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the report of the

                 Rules Committee signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 report of the Rules Committee is accepted.

                            Senator Balboni.

                            SENATOR BALBONI:    Yes, Mr.

                 President.  Could we please return to the

                 motions and resolutions calendar.  I believe

                 that there's some housekeeping we must take

                 care of.

                            ACTING PRESIDENT MEIER:    Motions

                 and resolutions.

                            Senator Farley.

                            SENATOR FARLEY:    As for



                                                        5164



                 housekeeping, Mr. President, I offer the

                 following amendments to Calendar 1857, it's

                 Senate Print 7441B.  And I ask that that bill

                 retain its place on the Third Reading

                 Calendar, and it's on behalf of Senator

                 Golden.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted, and the

                 bill will retain its place on the Third

                 Reading Calendar.

                            Senator Balboni.

                            SENATOR BALBONI:    Mr. President,

                 could we please have the noncontroversial

                 reading of the supplemental calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will conduct the noncontroversial

                 reading of the supplemental active list.

                            Senator Balboni.

                            SENATOR BALBONI:    Mr. President,

                 could we just stand at ease for just a moment,

                 please, while the calendars are distributed to

                 the members.

                            ACTING PRESIDENT MEIER:    The

                 Senate will stand at ease.

                            (Whereupon, the Senate stood at



                                                        5165



                 ease at 9:20 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Bonacic.

                            SENATOR BONACIC:    Thank you, Mr.

                 President.  I'd like unanimous consent to be

                 recorded in the affirmative on Senate Bill

                 7643, by Senator Johnson.

                            ACTING PRESIDENT MEIER:    Senator,

                 you were already recorded in the negative.

                            SENATOR BONACIC:    Yeah, I

                 understand.  Yeah, thank you, Mr. President, I

                 want to go up on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Bonacic, the record will reflect that you are

                 recorded in the affirmative on that bill.

                            (Whereupon, the Senate reconvened

                 at 9:23 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.

                            SENATOR BALBONI:    Yes, could we

                 please have the noncontroversial reading of

                 the supplemental active list.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will conduct the noncontroversial

                 reading of the supplemental active list.



                                                        5166



                            THE SECRETARY:    Calendar Number

                 1106, by Member of the Assembly Tonko,

                 Assembly Print Number 10400A, an act to amend

                 the Public Authorities Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect on the first of April.

                            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

                 1196, by the Assembly Committee on Rules,

                 Assembly Print Number 11306A, 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

                 roll.

                            (The Secretary called the roll.)



                                                        5167



                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1333, by Member of the Assembly Sweeney,

                 Assembly Print Number 2214, 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

                 1377, by Member of the Assembly Brennan,

                 Assembly Print Number 9867A, an act to amend

                 the Mental Hygiene Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 30th day.



                                                        5168



                            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

                 1534, by Senator DeFrancisco, Senate Print

                 7360B, an act to amend the Executive Law.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.

                            SENATOR BALBONI:    Mr. President,

                 is there a message of necessity at the desk?

                            ACTING PRESIDENT MEIER:    Yes,

                 there is, Senator.

                            SENATOR BALBONI:    I would move 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



                                                        5169



                 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 Balboni, that completes the

                 supplemental active list.

                            SENATOR BALBONI:    Mr. President,

                 could we just take a moment and stand at ease

                 while the bills are distributed on the

                 members' desks.

                            ACTING PRESIDENT MEIER:    I'm

                 sorry, may I recognize Senator Parker first.

                            Senator Parker.

                            SENATOR PARKER:    Mr. President, I

                 request unanimous consent to be recorded in

                 the negative on Calendar Numbers 1783 and

                 1788.

                            ACTING PRESIDENT MEIER:    Without



                                                        5170



                 objection, Senator Parker will be recorded in

                 the negative on Calendar Numbers 1783 and

                 1788.

                            And the Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 9:25 p.m.)

                            (Whereupon, the Senate reconvened

                 at 9:27 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.

                            SENATOR BALBONI:    Mr. President,

                 could we please have the noncontroversial

                 reading of the calendar, starting with 1858

                 and proceeding then in regular order.

                            ACTING PRESIDENT MEIER:    You want

                 to start with 1858, Senator?  Okay.

                            With regard to the Supplemental

                 Calendar 59D, then, the Secretary will read

                 Calendar 1858.

                            THE SECRETARY:    In relation to

                 Calendar Number 1858, Senator Padavan moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11471 and substitute it

                 for the identical Senate Bill Number 7447,

                 Third Reading Calendar 1858.



                                                        5171



                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1858, by the Assembly Committee on Rules,

                 Assembly Print Number 11471, an act to amend

                 Chapter 738 of the Laws of 1988.

                            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 Stachowski recorded in the

                 negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 299, by Senator Volker, Senate Print 5452C, an

                 act to amend Chapter 824 of the laws of 1933.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This



                                                        5172



                 act shall take effect on the 120th 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

                 1846, by Senator Alesi, Senate Print 123C, an

                 act to amend the Banking Law and the Insurance

                 Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect January 1, 2005.

                            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

                 1847, by Senator LaValle, Senate Print 292A,

                 an act to amend the Education Law.

                            SENATOR SABINI:    Lay it aside.



                                                        5173



                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1848, by Senator Meier, Senate Print 1823A, an

                 act to amend the Tax Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1849, Senator Padavan moves to

                 discharge, from the Committee on Health,

                 Assembly Bill Number 5458 and substitute it

                 for the identical Senate Bill Number 2607,

                 Third Reading Calendar 1849.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number



                                                        5174



                 1849, by Member of the Assembly Carrozza,

                 Assembly Print Number 5458, 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 same date as a

                 chapter of the Laws of 2003.

                            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

                 1850, by Senator DeFrancisco, Senate Print

                 2832, an act to amend the Real Property Tax

                 Law, in relation 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.)



                                                        5175



                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1851, Senator Breslin moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 6824B and substitute it

                 for the identical Senate Bill Number 2926B,

                 Third Reading Calendar 1851.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1851, by Member of the Assembly Canestrari,

                 Assembly Print Number 6824B, an act in

                 relation to allowing Nancy Jordan.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.



                                                        5176



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1852, by Senator Hoffmann, Senate Print 3734A,

                 an act to amend the Public Authorities Law, in

                 relation to special powers.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 120th 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

                 Calendar Number 1853, Senator Trunzo moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8377A and substitute it

                 for the identical Senate Bill Number 3773A,

                 Third Reading Calendar 1853.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.



                                                        5177



                            THE SECRETARY:    Calendar Number

                 1853, by the Assembly Committee on Rules,

                 Assembly Print Number 8377A, an act to amend

                 the Retirement and Social Security 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

                 1854, by Senator Nozzolio --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1855, by Senator Little, Senate Print 5112B,

                 an act to amend the Indian Law and the

                 Criminal Procedure Law.

                            ACTING PRESIDENT MEIER:    Read the



                                                        5178



                 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

                 1856, by Senator Marchi, Senate Print 7380, an

                 act to amend the Education Law and the

                 Criminal Procedure 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, 59.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to



                                                        5179



                 Calendar Number 1859, Senator Spano moves to

                 discharge, from the Committee on Rules,

                 Assembly Print Number 10979A and substitute it

                 for the identical Senate Print Number 7592,

                 Third Reading Calendar 1859.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1859, by the Assembly Committee on Rules,

                 Assembly Print Number 10979A, an act to amend

                 the Labor 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

                 1860, by Senator Golden, Senate Print 7622, an

                 act to amend the Tax Law.



                                                        5180



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            SENATOR SABINI:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Sabini, to explain his vote.

                            SENATOR SABINI:    Thank you, Mr.

                 President.

                            I want to commend Senator Golden on

                 this bill.  There was an earlier version that

                 would have discriminated against the movie

                 studios and production studios located in

                 Queens County.  This does not.

                            And also, I'm happy to see this was

                 separated out from the earlier tax cut bill

                 that was passed in this house.  And hopefully

                 this will have a life in the Assembly and help

                 the industry in New York City that needs it

                 very badly.  And I vote in the affirmative.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Announce



                                                        5181



                 the results.

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1861, Senator Volker moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11588A and substitute it

                 for the identical Senate Bill Number 7634,

                 Third Reading Calendar 1861.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1861, by the Assembly Committee on Rules,

                 Assembly Print Number 11588A, an act to amend

                 Chapter 605 of the Laws of 2000.

                            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.



                                                        5182



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1863, by Senator Volker, Senate Print --

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Could we

                 get the bill before the house?  We've just got

                 to do the message, then we'll lay it aside.

                            Senator Balboni.

                            SENATOR BALBONI:    Yes, Mr.

                 President, is there a message of necessity at

                 the desk?

                            ACTING PRESIDENT MEIER:    There is

                 a message at the desk.

                            SENATOR BALBONI:    I would 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.

                            (Response of "Nay.")

                            ACTING PRESIDENT MEIER:    The



                                                        5183



                 message is accepted.

                            The bill is before the house.

                            The bill is laid aside.

                            Senator Balboni, that completes the

                 noncontroversial reading of the supplemental

                 calendar.

                            Senator Balboni.

                            SENATOR BALBONI:    Mr. President,

                 could we revisit those bills that were laid

                 aside at this particular point in time.  The

                 controversial reading, in other words.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will conduct the controversial

                 reading of the calendar.

                            THE SECRETARY:    Calendar Number

                 1847, by Senator LaValle, Senate Print 292A,

                 an act to amend the Education 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.



                                                        5184



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1854, by Senator Nozzolio, Senate Print 4255B,

                 an act to amend the Energy Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Are you

                 asking that the roll call be withdrawn?

                            SENATOR LIZ KRUEGER:    Mr.

                 President, I apologize for my delay.  Yes, I

                 was asking for the roll call to be withdrawn.

                            ACTING PRESIDENT MEIER:    Without

                 objection, the roll call is withdrawn.

                            Senator Nozzolio, Senator Liz

                 Krueger has requested an explanation.

                            SENATOR NOZZOLIO:    This measure

                 amends the Energy Law, implementing the Empire



                                                        5185



                 Propane Education and Research Act;

                 establishes, through voluntary fees assessed

                 on companies dealing with the sale of propane,

                 ways to make the distribution, storage, and

                 other actions with the commodity safer.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If the sponsor would please

                 yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Nozzolio, do you yield for a question?

                            SENATOR NOZZOLIO:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.

                            So this council doesn't exist yet,

                 but this law would create this council, which

                 would then be a private entity or a government

                 entity?

                            SENATOR NOZZOLIO:    Mr. President,

                 through you, this is a private entity.

                            SENATOR LIZ KRUEGER:    Thank you.



                                                        5186



                            Mr. President, if the sponsor would

                 continue to yield.

                            SENATOR NOZZOLIO:    I should

                 indicate, there is not any government subsidy

                 of same.

                            ACTING PRESIDENT MEIER:    Do you

                 yield for another question, Senator?

                            SENATOR NOZZOLIO:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            But as I understand your bill,

                 government would mandate that percentage

                 payment to this private council through this

                 bill; is that correct?

                            SENATOR NOZZOLIO:    Under the

                 federal Propane Education Research Act,

                 New York State had received about $40,000 from

                 the federal government for consumer awareness,

                 research and development of propane.  That --

                            ACTING PRESIDENT MEIER:

                 (Gaveling.)

                            Senator Nozzolio.

                            SENATOR NOZZOLIO:    That -- I



                                                        5187



                 forgot the question, Mr. President.

                            (Laughter.)

                            ACTING PRESIDENT MEIER:    I sort

                 of startled myself.

                            (Laughter.)

                            ACTING PRESIDENT MEIER:    Sort of

                 woke us all up, I think.

                            Senator Krueger, you want to

                 restate the question?

                            SENATOR LIZ KRUEGER:    Yes, sir,

                 Mr. President.  Through you, I'll be happy to

                 restate the question.

                            My understanding is while this

                 would be a bill creating a private council,

                 this would be the government authorizing this

                 private council to collect an assessment from

                 people in the industry.  Is that correct?

                            SENATOR NOZZOLIO:    That's

                 correct.  And the assessment is voluntary.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, through you, if the sponsor would

                 continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Nozzolio, do you continue to yield?

                            SENATOR NOZZOLIO:    Yes, Mr.



                                                        5188



                 President.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Is there an estimate of how much

                 this council would be collecting per year,

                 whether it be at a 100 percent rate of the

                 1/10 of 1 cent per gallon assessment or a

                 50 percent rate, since you're saying it's a

                 voluntary assessment?

                            SENATOR NOZZOLIO:    Mr. President,

                 it depends on how many participate.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, through you, if the sponsor would

                 continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Nozzolio, do you continue to yield?

                            SENATOR NOZZOLIO:    Reluctantly,

                 Mr. President, yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            The bill also says that nothing in

                 this bill will be construed to preempt or

                 supersede any other programs relating to

                 propane education and research organized and

                 operated under the laws of the State of



                                                        5189



                 New York.  So apparently we have other,

                 similar entities.

                            Why would this be necessary and not

                 duplicative, since apparently, under the law,

                 we have other models for this?

                            SENATOR NOZZOLIO:    I don't know

                 what you just read.  I couldn't hear you.

                            Mr. President, I could not hear the

                 question.

                            ACTING PRESIDENT MEIER:    Let's

                 get some order in the chamber.  I'm going to

                 ask people who have conversations to take them

                 outside.

                            Staff along the sides of the room,

                 if you have a conversation, take it outside.

                            Members, please, could we keep it

                 down so that we can conduct this debate and

                 get out of here tonight.

                            SENATOR NOZZOLIO:    If I may, Mr.

                 President, let me try to answer what I think

                 the question is by saying that this is a

                 voluntary association.  It would be supported

                 by those who engage in the commerce and

                 distribution of this energy source.  It is no

                 different than other trade associations as



                                                        5190



                 established.

                            And what this does is allow the

                 industry to promote itself, through voluntary

                 contributions, and also look to the safety of

                 propane.

                            I would daresay that this is

                 primarily an upstate fuel that's provided for

                 those areas that do not have natural gas

                 lines; in many respects, rural areas.  I doubt

                 in Senator Krueger's district there are many

                 of these types of product sold.  However, in

                 upstate it is an increasingly needed energy

                 source.

                            This allows those who transport and

                 sell this energy source to gather in an

                 association and better deal with their

                 industry issues.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if, through you, the sponsor would

                 continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Nozzolio, do you continue to yield?

                            SENATOR NOZZOLIO:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The



                                                        5191



                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                 And I'll try to speak loudly.  I apologize if

                 you didn't hear me before.

                            Your last explanation actually was

                 very helpful.  And it will lead me, I guess,

                 to my final question.  We have trade

                 associations and associations of businesses

                 who come together and create their own

                 research councils, their own trade

                 associations, their own coalitions of mutual

                 interest in infinite numbers in the State of

                 New York.  And they choose to charge dues, and

                 organizations or individual businesses choose

                 to voluntarily become members or not, pay

                 their dues or not.

                            Why would we use this one issue, of

                 Empire Propane Education and Research, and

                 create a law to create a private entity for

                 private purposes?

                            SENATOR NOZZOLIO:    One important

                 reason, Mr. President, is that NYSERDA is part

                 of this association.  This law authorizes the

                 New York State Energy Research and Development

                 Authority to participate as a member of this



                                                        5192



                 Association.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  On the bill briefly.

                            I appreciate the sponsor's answers,

                 and I would accept that NYSERDA might play a

                 unique role with this organization.  But I am

                 still left, at this late hour on this night,

                 to wonder whether it's a good precedent for

                 the State of New York to somehow

                 institutionalize in statute and law the

                 creation of what is basically a private

                 council for private business purposes.

                            And while it specifically talks

                 about it's a voluntary contribution or

                 assessment, it has late fees, it has refunds,

                 it has restrictions in pricing, I think that

                 perhaps we're overstepping our role in the

                 Legislature to create legislatively what is

                 basically both a trade association and a

                 research council for an industry.  Although I

                 mean no insult to the value of the propane

                 industry or the important role they play.

                            Thank you, Mr. President.  I'll be

                 voting no.

                            ACTING PRESIDENT MEIER:    Senator



                                                        5193



                 Volker.

                            SENATOR VOLKER:    Mr. President, I

                 just want to say, quickly, I want to thank

                 Senator Nozzolio for this bill.

                            You know, as one of the former

                 chairmen of the Energy Committee, I would just

                 like to inform Senator Krueger that one of the

                 areas we desperately need energy in this

                 state -- and let me remind you that your part

                 of the state has refused power plants and has

                 refused to allow us in upstate New York, who

                 have plenty of power and plenty of fuel, to be

                 able to feel comfortable because the area of

                 downstate New York, and particularly New York

                 City, is so afraid of any new plants or any

                 new energy sources.

                            One of the areas that your area may

                 in the future need -- because the way things

                 are going, you're not going to have enough

                 power in years to come because your area

                 refuses to deal with the energy crisis -- one

                 of the areas is propane.

                            Propane is reasonably inexpensive,

                 it has widely transferable uses -- by the way,

                 the average cost of this to a consumer would



                                                        5194



                 be about $10 to $15, depending on the size of

                 the tank.  But most of the tanks are small

                 enough so it would be comparatively

                 negligible.

                            One of the ways in which we can

                 help all the consumers of this state and save

                 energy dollars and develop a better energy

                 policy is through propane.  This is not just

                 some ordinary trade organization.  This is one

                 of the ways we can help deal with the energy

                 crisis.

                            And in the North Country, in the

                 western part of the state and in a number of

                 parts of the state, propane has become

                 extremely important.

                            And as I say, in your area of the

                 state, where energy in the next ten years is

                 going to become extremely scarce unless we can

                 get the environmentalists off our back, and

                 unless some people downstate are willing to

                 deal with our crisis, you may need propane.

                 And I'll tell you right now, because you're

                 going to have a crisis there of epic

                 proportions within the next ten years unless

                 something changes.



                                                        5195



                            So thank you, Senator Nozzolio.  I

                 think this is a very good bill.  And I think

                 the Assembly is very likely to pass this bill.

                            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,

                 Mr. President, to explain my vote.

                            While I earlier said I would vote

                 no, Senator Volker convinced me, and I will be

                 changing my vote to yes.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger will be recorded in the affirmative.

                            Senator Schneiderman, to explain

                 his vote.

                            SENATOR SCHNEIDERMAN:    Yes, Mr.

                 President.  I also am going to be voting yes

                 on this bill, although I do think that there



                                                        5196



                 are a lot of other ways we can provide energy

                 in all parts of our state.  And I look forward

                 to working with Senator Volker and Senator

                 Nozzolio and others as we explore them.

                            The problem -- and we must -- if

                 we're going to address the problem downstate

                 that Senator Volker referred to, we have to

                 address the problem of transmission lines.

                 That is the critical problem.  And I'm afraid

                 we're leaving this session without having

                 adequately addressed it.

                            So I'm voting yes, but this is a

                 very small part of a very large problem, and I

                 hope that all parts of the state will be able

                 to work together on it.  I'm sorry that we

                 haven't done more about it this session.  But

                 maybe when we return for the July segment of

                 the session, we will.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman will be recorded in the

                 affirmative.

                            Announce the results.

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MEIER:    The bill



                                                        5197



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1863, by Senator Volker, Senate Print 7647, an

                 act to amend the Executive Law.

                            SENATOR VOLKER:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker.

                            SENATOR VOLKER:    I'm going to lay

                 this bill aside, because this bill was a joint

                 agreement between the Governor and the Senate.

                 And we have just, in the last twenty minutes,

                 got a three-way agreement with the Assembly,

                 the Governor and the Senate.

                            So we're hoping before the night's

                 out, Majority Leader Bruno agreeing, that

                 we'll be able to pass the bill tonight.

                            ACTING PRESIDENT MEIER:    The bill

                 is laid aside.

                            Senator Balboni, that completes

                 Senate Supplemental 59D.

                            Senator Balboni.

                            SENATOR BALBONI:    Mr. President,

                 I would ask that we stand at ease for just a

                 moment, please.

                            ACTING PRESIDENT MEIER:    The



                                                        5198



                 Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 9:50 p.m.)

                            ACTING PRESIDENT DeFRANCISCO:

                 Senator Balboni.

                            SENATOR BALBONI:    Yes, Mr.

                 President.  I would like to announce a Rules

                 Committee meeting in the Majority Conference

                 Room.

                            ACTING PRESIDENT DeFRANCISCO:

                 There will be an immediate meeting of the

                 Rules Committee in the Majority Conference

                 Room.

                            Senator Breslin.

                            SENATOR BRESLIN:    Mr. President,

                 I would request unanimous consent to be

                 recorded in the negative on Calendar Number

                 1858, Bill Number 7447.

                            ACTING PRESIDENT DeFRANCISCO:

                 Without objection, your vote will be so

                 recorded.

                            SENATOR BRESLIN:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT DeFRANCISCO:

                 Senator Brown.



                                                        5199



                            SENATOR BROWN:    Thank you, Mr.

                 President.

                            I request unanimous consent to be

                 recorded in the negative on Calendar Number

                 1858.

                            ACTING PRESIDENT DeFRANCISCO:

                 Your vote will be so recorded.

                            Senator Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you, Mr. President.

                            I request unanimous consent to be

                 recorded in the negative on Calendar Number

                 1839.

                            ACTING PRESIDENT DeFRANCISCO:

                 Your vote will be so recorded.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you.

                            ACTING PRESIDENT DeFRANCISCO:

                 The Senate will remain at ease.

                            (Whereupon, the Senate reconvened

                 at 10:06 p.m.)

                            ACTING PRESIDENT DeFRANCISCO:

                 Senator Balboni.

                            SENATOR BALBONI:    Mr. President,

                 can we please return to the main calendar and



                                                        5200



                 take up Calendar Number 878.

                            ACTING PRESIDENT DeFRANCISCO:

                 The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 878, by Senator Hoffmann, Senate Print 7148A,

                 an act authorizing the Town of Cicero.

                            ACTING PRESIDENT DeFRANCISCO:

                 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 DeFRANCISCO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT DeFRANCISCO:

                 The bill is passed.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    Mr.

                 President, I would request unanimous consent

                 to be recorded in the negative on Calendar

                 1855, Senate Print 5112B.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator DeFrancisco will be



                                                        5201



                 recorded in the negative on Calendar 1855.

                            SENATOR DeFRANCISCO:    Thank you.

                            SENATOR BALBONI:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.

                            SENATOR BALBONI:    Yes, I would

                 ask that we take up Calendar Number 1043,

                 which is on the main calendar.  It was a bill

                 that we had previously considered and we need

                 to re-pass.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1043.

                            THE SECRETARY:    Calendar Number

                 1043, by Senator Kuhl, Senate Print 6329A, an

                 act to amend the Town Law and the Public

                 Officers 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 to

                 accept the message of necessity.

                            ACTING PRESIDENT MEIER:    All



                                                        5202



                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (Response of "Nay.")

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            The bill is before the house.

                            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.

                            ACTING PRESIDENT KUHL:    The

                 Senate will come to order.

                            Senator Balboni.

                            SENATOR BALBONI:    Mr.

                 President -- and you look mighty fine up

                 there, I might add -- could we please return

                 to the reports of standing committees.



                                                        5203



                            I believe there's a Rules report at

                 the desk.

                            ACTING PRESIDENT KUHL:    We'll

                 return to the order of reports of standing

                 committees.

                            There is a Rules report at the

                 desk.  We'll ask the Secretary to read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 2365A, by Senator

                 Padavan, an act to amend the Administrative

                 Code of the City of New York;

                            5593C, by Senator Breslin, an act

                 to amend the Public Authorities Law;

                            7656, by the Senate Committee on

                 Rules, an act to amend the Public Authorities

                 Law;

                            7657, by Senator Saland, an act

                 authorizing the City of Poughkeepsie;

                            And Senate Print 7659, by Senator

                 Volker, an act to amend the Executive Law and

                 the Criminal Procedure Law.

                            All bills ordered direct to third

                 reading.



                                                        5204



                            ACTING PRESIDENT KUHL:    Senator

                 Balboni.

                            SENATOR BALBONI:    I move to

                 accept the report of Rules Committee, please.

                            ACTING PRESIDENT KUHL:    The

                 motion is to accept the report of the Rules

                 Committee.  All those in favor signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT KUHL:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT KUHL:    The Rules

                 report is accepted.

                            The bills are ordered directly to

                 third reading.

                            Senator Balboni.

                            SENATOR BALBONI:    Could we please

                 take up that calendar.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will have the noncontroversial

                 reading of the calendar.  That's Supplemental

                 Calendar 59E.

                            THE SECRETARY:    In relation to

                 Calendar Number 1864, Senator Padavan moves to



                                                        5205



                 discharge, from the Committee on Rules,

                 Assembly Bill Number 5175A and substitute it

                 for the identical Senate Bill Number 2365A,

                 Third Reading Calendar 1864.

                            ACTING PRESIDENT KUHL:    The

                 substitution is ordered.

                            The Secretary will read the title.

                            THE SECRETARY:    Calendar Number

                 1864, by Member of the Assembly Abbate,

                 Assembly Print Number 5175A, an act to amend

                 the Administrative Code of the City of

                 New York.

                            ACTING PRESIDENT KUHL:    There is

                 a home-rule message at the desk.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT KUHL:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT KUHL:    Announce

                 the results.

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT KUHL:    The bill



                                                        5206



                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1865, Senator Breslin moves to

                 discharge, from the Committee on Corporations,

                 Authorities and Commissions, Assembly Bill

                 Number 9025C and substitute it for the

                 identical Senate Bill Number 5593C, Third

                 Reading Calendar 1865.

                            ACTING PRESIDENT KUHL:    The

                 substitution is ordered.

                            The Secretary will read the title.

                            THE SECRETARY:    Calendar Number

                 1865, by the Assembly Committee on Rules,

                 Assembly Print Number 9025C, an act to amend

                 the Public Authorities Law.

                            ACTING PRESIDENT KUHL:    There is

                 a home-rule message at the desk.

                            Senator Breslin, why do you rise?

                            SENATOR BRESLIN:    On the bill,

                 Mr. President.

                            ACTING PRESIDENT KUHL:    Senator

                 Breslin, on the bill.

                            SENATOR BRESLIN:    This

                 legislation creates a new authority for

                 downtown Albany which will be the beginnings



                                                        5207



                 of a convention center, a retail complex, a

                 transportation center, commercial stores.  And

                 it's the culmination of several years of work.

                            And I commend the Governor for his

                 participation, Assemblymen McEneny and

                 Canestrari, Mayor Jennings, who's done a

                 wonderful job shepherding this through, County

                 Executive Mike Breslin, and Senator Bruno and

                 his staff, who did an exemplary job in

                 fine-tuning this legislation to make it come

                 to fruition tonight.

                            Thank you, Mr. President.  I vote

                 in the affirmative.

                            ACTING PRESIDENT KUHL:    Any other

                 Senator wishing to speak on the bill?

                            Hearing none, the Secretary will

                 read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT KUHL:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT KUHL:    The bill

                 is passed.



                                                        5208



                            THE SECRETARY:    Calendar Number

                 1868, by Senator Volker, Senate Print 7659, an

                 act to amend the Executive Law and the

                 Criminal Procedure Law.

                            ACTING PRESIDENT KUHL:    Senator

                 Balboni.

                            SENATOR BALBONI:    Mr. President,

                 is there a message of necessity at the desk?

                            ACTING PRESIDENT KUHL:    There is.

                            SENATOR BALBONI:    I would move to

                 accept the message.

                            ACTING PRESIDENT KUHL:    The

                 motion is to accept the message of necessity

                 on Calendar Number 1868.  All those in favor

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT KUHL:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT KUHL:    The

                 message is accepted.

                            The bill is before the house.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 3.  This



                                                        5209



                 act shall take effect immediately.

                            ACTING PRESIDENT KUHL:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT KUHL:    The bill

                 is passed.

                            Senator Balboni.

                            SENATOR BALBONI:    Can we please

                 return to the motions and resolutions calendar

                 for some housekeeping.

                            ACTING PRESIDENT KUHL:    We will

                 return to the order of motions and

                 resolutions.

                            The chair recognizes Senator

                 Libous.

                            SENATOR LIBOUS:    Mr. President,

                 on behalf of Senator Golden, Mr. President, I

                 wish to call up his bill, Print Number 7622,

                 recalled from the Assembly, which is now at

                 the desk.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1860, by Senator Golden, Senate Print 7622, an



                                                        5210



                 act to amend the Tax Law.

                            SENATOR LIBOUS:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed and ask that the bill be

                 restored to the order of third reading.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will call the roll on

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT KUHL:    The bill

                 is restored to the order of third reading.

                            Senator Libous.

                            SENATOR LIBOUS:    Mr. President,

                 let's see.  On behalf of Senator Spano, Mr.

                 President, I wish to call up his bill, Print

                 Number 6479A, recalled from the Assembly,

                 which is now at the desk.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1816, by Senator Spano, Senate Print 6479A, an

                 act to amend the Executive Law.

                            ACTING PRESIDENT KUHL:    Senator

                 Libous.



                                                        5211



                            SENATOR LIBOUS:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed and ask that the bill be

                 restored to the order of third reading.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will call the roll on

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT KUHL:    Senator

                 Libous.

                            SENATOR LIBOUS:    Mr. President, I

                 now move to discharge, from the Committee on

                 Rules, Assembly Print Number 11647 and

                 substitute it for this identical bill.

                            ACTING PRESIDENT KUHL:    The bill

                 is substituted.

                            Senator Libous.

                            SENATOR LIBOUS:    I now move that

                 the substituted Assembly bill have its place

                 on the Third Reading Calendar at this time.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1816, by the Assembly Committee on Rules,



                                                        5212



                 Assembly Print Number 11647, an act to amend

                 the Executive Law.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT KUHL:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT KUHL:    The bill

                 is passed.

                            Senator Saland, why do you rise?

                            SENATOR SALAND:    Just stretching,

                 Mr. President.

                            ACTING PRESIDENT KUHL:    That was

                 a very gracious stretch, thank you.

                            (Laughter.)

                            ACTING PRESIDENT KUHL:    Senator

                 Balboni.

                            SENATOR BALBONI:    Mr. President,

                 are there any substitutions at the desk?

                            ACTING PRESIDENT KUHL:    There are

                 two, Senator Balboni.

                            SENATOR BALBONI:    Please take



                                                        5213



                 them up, please.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will read.

                            THE SECRETARY:    On page 19,

                 Senator Spano moves to discharge, from the

                 Committee on Labor, Assembly Bill Number 8706

                 and substitute it for the identical Senate

                 Bill Number 5573, Third Reading Calendar 706.

                            And on page 42, Senator LaValle

                 moves to discharge, from the Committee on

                 Rules, Assembly Bill Number 10968A and

                 substitute it for the identical Senate Bill

                 Number 6899A, Third Reading Calendar 1393.

                            ACTING PRESIDENT KUHL:    The

                 substitutions are ordered.

                            Senator Oppenheimer, why do you

                 rise?

                            SENATOR OPPENHEIMER:    I'd like

                 unanimous consent to be recorded in the

                 negative on Calendar Number 1831.

                            ACTING PRESIDENT KUHL:    Without

                 objection, hearing no objection, Senator

                 Oppenheimer will be recorded in the negative

                 on Calendar Number 1831.

                            Senator Balboni.



                                                        5214



                            SENATOR BALBONI:    Yes, Mr.

                 President, can we please turn to Calendar

                 Number 1833.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will read the title of Calendar

                 Number 1833.

                            THE SECRETARY:    Calendar Number

                 1833, by Senator Golden, Senate Print 7626, an

                 act in relation to enacting the Coordinated

                 Construction Act for Lower Manhattan.

                            ACTING PRESIDENT KUHL:    Senator

                 Connor, as I recall, you had the floor on this

                 bill when it was laid aside temporarily.

                            So the chair recognizes you to

                 resume debate on Calendar Number 1833.

                            SENATOR CONNOR:    Thank you.

                            The other thing this bill does is

                 it allows the City of New York to use

                 procedures -- for the benefit of the members

                 who weren't in the chamber, I could start all

                 over again.

                            (Laughter.)

                            SENATOR CONNOR:    But for those

                 who were here, I'll spare them that and just

                 start up where I left off.



                                                        5215



                            This allows the City of New York,

                 with respect to Lower Manhattan projects, the

                 ones that I articulated before, plus others,

                 the Route 9A, Hudson River Park, Ferry

                 stations, street construction, Castle Clinton

                 -- Castle Clinton is a favorite of mine -- and

                 East River waterfront parks and so on, the

                 $3.5 billion already on the books to go -- it

                 allows the city to use procedures that the

                 city apparently by law is not ordinarily

                 allowed to use, but which the state and state

                 agencies and authorities like the MTA

                 routinely use.

                            For example, it will allow the city

                 to prequalify bidders who are bidding on

                 portions of work of a million dollars or more,

                 prequalify them, prequalify them based on,

                 one, safety record, which is very, very

                 important, their safety record at doing work.

                            It will also take into

                 consideration whether these contractors

                 have -- participate in apprenticeship

                 programs, something the state does but the

                 city doesn't do.

                            And of course, as I said before, it



                                                        5216



                 will allow the city to apply minority and

                 women business enterprise goals.

                            SENATOR BALBONI:    Mr. President,

                 could I just interrupt?  I apologize, Senator

                 Connor.

                            ACTING PRESIDENT KUHL:    Senator

                 Connor, please excuse the interruption.

                            Senator Balboni.

                            SENATOR BALBONI:    Thank you very

                 much, Mr. President.

                            I'd like to announce that we have a

                 Rules Committee meeting in the Majority

                 Conference Room.

                            ACTING PRESIDENT KUHL:    There

                 will be an immediate meeting of the Rules

                 Committee, immediate meeting of the Rules

                 Committee in the Majority Conference Room,

                 Room 332.

                            Senator Connor, why don't we just

                 wait for the members to exit.

                            Senator Connor, thank you very much

                 for allowing the interruption.  And now let's

                 proceed to debate.

                            SENATOR CONNOR:    Thank you, Mr.

                 President.



                                                        5217



                            Somehow or other, I think I'm

                 serving a greater purpose here, Mr.

                 President --

                            (Laughter.)

                            SENATOR CONNOR:    -- in terms of

                 time and whatever.

                            But it will, as I said, allow the

                 City of New York to establish goals and meet

                 goals for participation by minority- and

                 women-owned business enterprises, something

                 that -- I think it's the courts threw out the

                 city's prior MWBE bidding set-aside practices.

                 So this will allow the city to use it, because

                 they'll use the state's practices.

                            Then the city will be able to, as I

                 said before, do joint bidding with utilities.

                 It will also be able to -- well, actually will

                 mandate -- and I won't get ahead, but we have

                 on the calendar a chapter amendment also

                 dealing only with Lower Manhattan, sponsored

                 by Senator Golden, which sets forth standards

                 for -- the bill talks about using low-sulfur

                 fuels for diesel engines, including stationary

                 diesel engines, the kind of equipment that

                 would be used in construction.



                                                        5218



                            And the chapter amendment, while

                 it's not before us, I think it's relevant that

                 it sets forth the definitions of

                 ultra-low-sulfur diesel fuel.  The bill -- the

                 amendment provides that ultra-low-sulfur

                 diesel fuel means diesel fuel that has a

                 sulphur content of no more than 15 parts per

                 million.

                            A non-road engine means an internal

                 combustion engine, including its fuel system,

                 that is not used in a motor vehicle or vehicle

                 used solely for competition or that is not

                 subject to standards promulgated under Section

                 74.11 or Section 75.21 of Title 42 of the

                 United States Code.

                            Except the term does apply to

                 internal combustion engines used to power

                 generators, compressors, or similar equipment

                 used in any construction program or project.

                 So that that's definitional.

                            And then we actually have a change

                 that will go on, and it basically says that

                 the agency shall -- the bill is written:  The

                 agency shall require contractors and

                 subcontractors to use only ultra-low-sulfur



                                                        5219



                 diesel fuel to power the diesel-powered

                 non-road vehicles with engine horsepower

                 rating of -- it said 60 horsepower, but the

                 chapter amendment will make it 50 horsepower,

                 used on Lower Manhattan redevelopment

                 projects.

                            The other concerns expressed in the

                 bill -- and let me say a wide variety of

                 groups participated in this.  Because really,

                 from shortly after 9/11, it was apparent that

                 a lot was going to be done, a lot was going to

                 be done simultaneously.  And the potential for

                 chaos was enormous, as was the potential for

                 greatly inconveniencing -- and more than

                 inconveniencing residents of Lower Manhattan,

                 but in fact endangering their health, the air

                 quality, their safety, with all the heavy

                 equipment going through.

                            Within two blocks, two or three

                 blocks of the actual what you call Ground

                 Zero, there are six or seven schools, believe

                 it or not, down there in Lower Manhattan.  So

                 you have children down there.  Unfortunately,

                 they have very, very few places to play

                 outdoors, but they do have to travel back and



                                                        5220



                 forth from school.

                            And -- I'm sorry, whenever that

                 door opens, the back noise is considerable.

                            So that safety during all this

                 construction is also important.  Which is why,

                 in prequalifying the bidders under this

                 legislation, the safety and work record of the

                 contractors will be important.

                            Also, in prequalifying the bidders,

                 the record of the prospective bidder with

                 respect to compliance with labor standards,

                 applicable labor standards, and with their

                 whole labor relations record, will be

                 considered.

                            They will also consider the

                 bidder's compliance with Equal Employment

                 Opportunity requirements, antidiscrimination

                 laws, and of course, as I said before, their

                 record with respect to women- and

                 minority-owned business enterprises

                 participation as subcontractors in their work.

                            The legislation is much needed and

                 is supported by a wide-ranging group of

                 organizations:  The Association for a Better

                 New York, the Association of the Bar, the



                                                        5221



                 AFL-CIO, the Alliance for Downtown New York,

                 the American Planning Association-Metro

                 Chapter, the Asian-American Business

                 Development Center, the Building -- I'm sorry,

                 Mr. President, I can't hear.

                            ACTING PRESIDENT KUHL:    Can we

                 have some order in the house, please.

                            SENATOR CONNOR:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT KUHL:    Hang on

                 just a minute, Senator.  Let's quiet it down.

                            We've got a lot of staff in the

                 back.  Let's take the conversations out of the

                 room.  Or sit down and take your positions.

                            Sergeant-at-Arms, please close the

                 door over here in the rear.  Sarge?

                            SENATOR CONNOR:    Thank you, Mr.

                 President.

                            -- the Building and Construction

                 Trades Council, the Building Trade Employers

                 Association, the Caribbean-American Chamber of

                 Commerce and Industry, the Civic Alliance,

                 Community Board 1, Community Board 2, the

                 Jamaica Business Resource Center, the Minority

                 Business Leadership Council, the National



                                                        5222



                 Association of Minority Contractors-New York

                 State Chapter, the National Hispanic Business

                 Group, the New York Building Congress, the

                 New York League of Conservation Voters, the

                 Non-Traditional Employment for Women,

                 100 Black Men of New York, Partnership for New

                 York City, Professional Women in Construction,

                 the Real Estate Board of New York, the

                 Regional Association of Small Contractors, a

                 wonderful, wonderful organization called Wall

                 Street Rising, and the Women's City Club of

                 New York, all support this bill.

                            That is testimony to the good

                 features in this bill.  It's a tribute to the

                 willingness to address concerns that we've had

                 from Day One about coordinating the

                 construction and ensuring its safety, and it's

                 an example of the city's efforts, the mayor's

                 efforts to include such a wide circle of

                 people in being briefed about this bill and

                 supporting this bill.

                            Oh, they forgot one:  they forgot

                 the State Senator who represents the area and

                 who sits in this body.

                            But the fact is, Mr. President,



                                                        5223



                 it's good legislation.  I just come from a

                 different time in this house, Mr. President.

                 I remember city bills being sent over to me by

                 committee chairs who received them and whose

                 staff looked at them and said:  Oh, that's

                 Senator Connor's district, or that's Senator

                 So-and-so's district.  And that's the way the

                 Senate conducted its business.

                            Now, I know earlier tonight,

                 talking so long wasn't real convenient.  I

                 know now these lulls between Rules agendas

                 make it so that I serve a useful purpose in

                 talking and talking and talking, and I'm well

                 aware of that.

                            So I will end this debate at this

                 time.  But I just tell you, Mr. President,

                 this just makes me curiouser and curiouser

                 about other members' local bills, and I just

                 may have a lot of questions about bills that

                 are in somebody else's district.

                            Thank you, Mr. President.

                            ACTING PRESIDENT KUHL:    Any other

                 Senator wishing to speak on this bill?

                            Hearing none, that closes debate.

                            The Secretary will read.



                                                        5224



                            THE SECRETARY:    In relation to

                 Calendar Number 1833, Senator Golden moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11700 and substitute it

                 for the identical Senate Bill Number 7626,

                 Third Reading Calendar 1833.

                            ACTING PRESIDENT KUHL:    The

                 substitution is ordered.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT KUHL:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT KUHL:    The bill

                 is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time take up Calendar Number

                 1845.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will read Calendar Number 1845.

                            THE SECRETARY:    Calendar Number



                                                        5225



                 1845, by Senator Golden, Senate Print 7652, an

                 act to amend a chapter of the Laws of 2004.

                            ACTING PRESIDENT KUHL:    Senator

                 Bruno.

                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT KUHL:    There is.

                            SENATOR BRUNO:    I would move we

                 accept the message.

                            ACTING PRESIDENT KUHL:    The

                 motion is to accept the message of necessity

                 on Calendar Number 1845.  All those in favor

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT KUHL:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT KUHL:    The

                 motion is accepted.

                            The bill is before the house.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT KUHL:    Call the



                                                        5226



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT KUHL:    The bill

                 is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we take up Calendar Number 1866.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1866, by the Senate Committee on Rules, Senate

                 Print 7656, an act to amend the Public

                 Authorities Law.

                            ACTING PRESIDENT KUHL:    Senator

                 Bruno.

                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT KUHL:    There is.

                            SENATOR BRUNO:    I would move we

                 accept the message.

                            ACTING PRESIDENT KUHL:    The

                 motion is to accept the message of necessity

                 on Calendar Number 1866.  All those in favor

                 signify by saying aye.



                                                        5227



                            (Response of "Aye.")

                            ACTING PRESIDENT KUHL:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT KUHL:    The

                 message is accepted.

                            The bill is before the house.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect on the same date and in

                 the same manner as a chapter of the Laws of

                 2004.

                            ACTING PRESIDENT KUHL:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT KUHL:    The bill

                 is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 may we return to the reports of standing

                 committees.

                            I believe there's a report from the

                 Rules Committee.  I would ask that it be read



                                                        5228



                 at this time.

                            ACTING PRESIDENT KUHL:    We will

                 return to the order of reports of standing

                 committees.

                            There is a report of Rules

                 Committee at the desk.  The Secretary will

                 read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 7413A, by Senator A.

                 Smith, an act to authorize retroactive

                 membership;

                            And Senate Print 7660, by the

                 Senate Committee on Rules, an act to amend the

                 Public Authorities Law and the Administrative

                 Code of the City of New York.

                            Both bills ordered direct to third

                 reading.

                            ACTING PRESIDENT KUHL:    Senator

                 Bruno.

                            SENATOR BRUNO:    Move to accept

                 the Rules Committee report.

                            ACTING PRESIDENT KUHL:    The

                 motion is to accept the report of Rules



                                                        5229



                 Committee.  All those in favor signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT KUHL:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT KUHL:    The Rules

                 report is accepted.

                            The bills are ordered directly to

                 third reading.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time take up Calendar Number

                 1869.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will read Calendar Number 1869.

                            THE SECRETARY:    Calendar Number

                 1869, by Senator A. Smith, Senate Print 7413A,

                 an act to authorize retroactive membership.

                            ACTING PRESIDENT KUHL:    Senator

                 Stavisky, do you have a point of information?

                            SENATOR STAVISKY:    We're waiting

                 for copies of the bills.  Got it.

                            ACTING PRESIDENT KUHL:    Senator

                 Smith, would you like to explain the bill to



                                                        5230



                 your colleague?

                            SENATOR ADA SMITH:    I did.

                            (Laughter.)

                            ACTING PRESIDENT KUHL:    There is

                 a home-rule message at the desk.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT KUHL:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT KUHL:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1870, by the Senate Committee on Rules, Senate

                 Print Number 7660, an act to amend the Public

                 Authorities Law and the Administrative Code of

                 the City of New York.

                            ACTING PRESIDENT KUHL:    Senator

                 Bruno.

                            SENATOR BRUNO:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT KUHL:    There is.



                                                        5231



                            SENATOR BRUNO:    I would move that

                 we accept the message.

                            ACTING PRESIDENT KUHL:    The

                 motion is to accept the message of necessity

                 on Calendar Number 1870.  All those in favor

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT KUHL:    Opposed,

                 nay.

                            (Response of "Nay.")

                            ACTING PRESIDENT KUHL:    The

                 message is accepted.

                            The bill is before the house.

                            Senator Schneiderman, why do you

                 rise?

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  On the bill.

                            ACTING PRESIDENT KUHL:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    This is a

                 bill that I'm sorry we're seeing at this

                 point.  It relates to the merger of private

                 bus lines with the MTA.

                            I'm sorry to see it now because

                 this reflects, unfortunately, as we've seen



                                                        5232



                 too many times this session, a breakdown in

                 negotiations.  This is a bill that will not

                 pass the Assembly.  It's a one-house bill that

                 I'm opposed to, the TWU is opposed to it.

                            And I think that there are two

                 things -- only two things I'm going to say,

                 because the hour is late.

                            One is that this bill puts ultimate

                 power in the hands of the MTA -- an authority

                 that needs to be reined in, not cut loose --

                 to wait out any union.  Ultimately, this will

                 force unions into binding arbitration and

                 enable the MTA to have its way.

                            And we've seen repeatedly in the

                 last two years that when the MTA is not under

                 any restraint, when the MTA is not reined in,

                 bad things can happen.

                            The second thing I will say is that

                 the chairman of the MTA has made clear, as

                 early as October 10, 2002, in a press

                 conference, that the merger of the bus lines

                 he views as a way to save money by cutting

                 service.  Costs need to be cut, he said.  And

                 he stated he would not discuss layoffs, but he

                 did not rule them out either.



                                                        5233



                            All of us who have constituents who

                 use these private bus lines are counting on us

                 to prevent service cuts.  This bill opens the

                 door to service cuts.  It is a one-house bill,

                 it's not going to pass the Assembly, but I

                 don't think we should be supporting it here

                 either.

                            I urge everyone to vote no, Mr.

                 President.

                            ACTING PRESIDENT KUHL:    Any other

                 Senator wishing to discuss the bill?

                            Hearing none, the Secretary will

                 read the last section.

                            SENATOR ADA SMITH:    Excuse me.

                            ACTING PRESIDENT KUHL:    Oh, I'm

                 sorry.  Senator Smith, why do you rise?

                            SENATOR ADA SMITH:    I rise to

                 speak on the bill.

                            ACTING PRESIDENT KUHL:    Senator

                 Smith, on the bill.

                            SENATOR ADA SMITH:    Thank you

                 very much, Mr. President.

                            In southeast Queens, in the

                 district that I represent and Senator Malcolm

                 Smith represents, we have more ridership of



                                                        5234



                 the bus lines than in any other part of this

                 city.

                            With this projected bill, our

                 constituents would be put at a disadvantage if

                 it was a two-house bill.  But since it's a

                 one-house bill, I am even more opposed to

                 this, for any of us taking a yes vote.

                            They have -- the MTA has refused to

                 talk to the members of this body and to give

                 us assurances that bus routes will not be cut,

                 that people will have their pensions, and that

                 there will not be layoffs and that there will

                 not be total craziness in Queens when people

                 go out to try to find a bus and there is none.

                            Until the MTA can give us some

                 satisfaction, we should not be entertaining a

                 change.  And I urge everyone to vote no.

                            ACTING PRESIDENT KUHL:    Senator

                 Stavisky, why do you rise?

                            SENATOR STAVISKY:    On the bill,

                 Mr. President, very briefly.

                            I concur with everything that

                 Senator Ada L. Smith has said.

                            Let me also add, one thing we don't

                 need at the MTA is another layer of



                                                        5235



                 bureaucracy.  I have testified at the MTA

                 hearings on the fare increase last fall in

                 Queens, and I was horrified when only one

                 member of the MTA board showed up.  It showed

                 their lack of concern for the people in Queens

                 County.

                            I think this is a dreadful,

                 dreadful bill.  And I raise one question, if

                 the sponsor would answer one question.  Since

                 we are amending the Administrative Code of the

                 City of New York, is there a need for a home

                 rule message?  No?  Then my question is

                 withdrawn.

                            I urge everybody to oppose this

                 bill.

                            ACTING PRESIDENT KUHL:    Senator

                 Padavan.

                            SENATOR PADAVAN:    Mr. President,

                 this is a very involved piece of legislation,

                 and obviously the hour is late.  But there are

                 a couple of things I think we should draw your

                 attention to.

                            First, there is a commitment in

                 this legislation -- it's outlined not only in

                 the bill, but also in memoranda and



                                                        5236



                 communications from the Governor and others --

                 that the existing bus lines that all our

                 riders in Nassau and in Queens currently rely

                 upon will not be altered in any way for at

                 least two years.

                            In addition, this bill does

                 something that many have been asking for, and

                 that is delays the operating authority of the

                 private operation to December of this year.

                 So that's an additional six months, roughly,

                 where the existing operators would still be in

                 existence.

                            There is, within this legislation,

                 a framework for resolving any and all issues

                 that relate to the employees, with whom I have

                 met with and I'm sure many of you have met

                 with.  All contract agreements currently in

                 effect between the private operators and their

                 employees will be honored.

                            Even nonunion employees,

                 supervisory employees, will be guaranteed no

                 changes for at least six months, at which time

                 their supervisory positions will be

                 reevaluated.  Which I think in a way is

                 understandable.



                                                        5237



                            There are mechanisms in the bill

                 that involve both houses of the Legislature,

                 the Governor, the Mayor, the authority, in

                 terms of mediation on issues that will come

                 up.  And I'm sure there will be issues that

                 will come up.

                            Now, there's two bottom lines here.

                 One, will it improve service to commuters.

                 Now, there are a whole score of private bus

                 lines -- some of them with buses that go back

                 18 to 20 years in age, that are falling

                 apart -- that need a massive infusion of new

                 equipment.  And that equipment has been made;

                 450 buses, new buses, will be utilized in this

                 new configuration.

                            So there's no doubt that our

                 constituents on both sides of the city border,

                 in Nassau and in Queens, and in other

                 boroughs, will enjoy an improved level of

                 service.  Their routes, the service itself,

                 will be maintained.  That's in the bill.

                            The other primary concern, I'm sure

                 for all of us, is the employees.

                            Is there anything you want me to --

                 well, I've got to answer these questions if



                                                        5238



                 I'm going to vote for --

                            (Laughter.)

                            SENATOR SCHNEIDERMAN:    No, no

                 questions.  No questions.

                            SENATOR PADAVAN:    Thank you very

                 much.  Thank you very much.

                            (Applause.)

                            ACTING PRESIDENT KUHL:    The

                 Secretary will read the last section.

                            THE SECRETARY:    Section 15.  This

                 act --

                            ACTING PRESIDENT KUHL:    Senator

                 Paterson.

                            SENATOR PATERSON:    We would ask

                 for a party vote in the negative.

                            ACTING PRESIDENT KUHL:    Let me

                 get to that point first.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 15.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT KUHL:    Call the

                 roll.

                            Senator Paterson.

                            SENATOR PATERSON:    Ditto.



                                                        5239



                            ACTING PRESIDENT KUHL:    Record

                 the Minority -- party vote in the negative.

                            SENATOR PATERSON:    Yes.

                            SENATOR BRUNO:    Party vote in the

                 affirmative.

                            ACTING PRESIDENT KUHL:    Party

                 vote in the affirmative.

                            Announce the results.

                            THE SECRETARY:    Ayes, 37.  Nays,

                 23.  Party vote.

                            ACTING PRESIDENT KUHL:    The bill

                 is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time call up Calendar Number

                 1857.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1857, by Senator Golden, Senate Print 7441C,

                 an act to amend the Public Authorities Law.

                            ACTING PRESIDENT KUHL:    Senator

                 Bruno.

                            SENATOR BRUNO:    Is there a

                 message at the desk?



                                                        5240



                            ACTING PRESIDENT KUHL:    There is.

                            SENATOR BRUNO:    I would move that

                 we accept the message.

                            ACTING PRESIDENT KUHL:    The

                 motion is to accept the message on Calendar

                 Number 1857.  All those in favor signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT KUHL:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT KUHL:    The

                 message is accepted.

                            The bill is before the house.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT KUHL:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT KUHL:    The bill

                 is passed.

                            Senator Bruno.



                                                        5241



                            SENATOR BRUNO:    Mr. President,

                 can we at this time take up Calendar Number

                 1867.

                            ACTING PRESIDENT KUHL:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1867, by Senator Saland, Senate Print 7657, an

                 act authorizing the City of Poughkeepsie.

                            ACTING PRESIDENT KUHL:    Senator

                 Bruno.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT KUHL:    There is.

                            SENATOR BRUNO:    I would move that

                 we accept the message.

                            ACTING PRESIDENT KUHL:    The

                 motion is to accept the message of necessity

                 on Calendar Number 1867.  All those in favor

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT KUHL:    Opposed,

                 nay.

                            (Response of "Nay.")

                            ACTING PRESIDENT KUHL:    The

                 message is accepted.



                                                        5242



                            There is a home-rule message at the

                 desk.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT KUHL:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT KUHL:    The bill

                 is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President, at

                 this time I would move to recommit any of the

                 remaining bills on the calendar to Rules.

                            And I would respectfully ask the

                 chair to recognize the leader, Senator

                 Paterson.

                            ACTING PRESIDENT KUHL:    Without

                 objection, the bills are all committed to

                 Rules.

                            Senator Paterson.

                            SENATOR PATERSON:    Mr. President,

                 would Senator Padavan yield for a question?



                                                        5243



                 No, no, forget it.

                            (Laughter.)

                            SENATOR PATERSON:    Let me think

                 that -- I knew that wasn't a good idea, Mr.

                 President.

                            The hour is late.  I'm really too

                 tired to laugh, too old to cry, but too

                 dedicated to leave.  So I just want everybody

                 in this chamber to know that the members of

                 the Minority will be here intermittently.  We

                 are ready to work.  We're ready to try to work

                 things out.  We're ready to try to bring in a

                 budget.  We're ready to try to right the

                 course of this state.

                            And we say that in sincerity,

                 because we really believe that had we stayed

                 here more than just two or three days a week

                 earlier in the session -- anybody can get a

                 low interest-free loan now.  That doesn't

                 work, hasn't worked for ten years.  But had we

                 stayed here -- when a jury doesn't reach a

                 decision, they sequester a jury.  I suggest in

                 the future we sequester ourselves, and maybe

                 we will reach a more seasonable solution.

                            And with that, I want to thank



                                                        5244



                 Senator Bruno and Senator Skelos and all the

                 members of the Majority for their cooperation

                 with us this session to this point, and thank

                 Senator Schneiderman, my deputy on the floor,

                 Senator Breslin, our ranker on Finance, and

                 all of those who symbolically they represent,

                 members, and also staff, who worked so hard so

                 that we could give the best effort.

                            Thank you, Mr. President.

                            ACTING PRESIDENT KUHL:    Senator

                 Bruno.

                            SENATOR BRUNO:    Thank you, Mr.

                 President and colleagues.

                            We're concluding the regular

                 session of the Senate here on June 22nd, at

                 11:15.  We had, in December, agreed with the

                 Assembly and the Governor that we would

                 conclude this legislative session in a formal

                 way on June 22nd.  That was a negotiated date.

                            And we have been here since

                 January.  And we are open to next year, as

                 we're back here, spending five days a week,

                 six days a week, seven days a week, whatever

                 it takes.

                            But what we have to all recognize



                                                        5245



                 is that in this house, this year, for those

                 that feel that we have been here wasting our

                 time, we passed over 1,500 bills.

                            Now, in this Legislature in this

                 state, you need a partner.  You need a

                 partner.  While we did very meaningful things

                 in this chamber, you need the Assembly to

                 partner.

                            The Assembly Speaker announced in

                 January of this year that we would not do a

                 budget and we would not do meaningful

                 legislation until we did the Campaign for

                 Fiscal Equity proposal to the courts due on

                 July 30th.

                            Well, the Speaker did fairly well.

                 We haven't got a budget.  We're ready to do a

                 budget.  The Governor would support a budget

                 that we have prepared to do.  But we don't

                 have a partner in the Assembly.  So the

                 Speaker is true to his word; he would not

                 negotiate a budget for the people of this

                 state, so we don't have one.

                            And while we have passed bills here

                 dealing with a number of critically important

                 issues, they have not passed in the Assembly.



                                                        5246



                 Like Medicaid reform, saving the constituency

                 out there, with some of the task force

                 recommendations, up to $2.5 billion over the

                 next five years.  Property tax relief,

                 Medicaid reform to localities.

                            Budget reform.  We have a budget

                 reform package, and hopefully that will change

                 the process of late budgets once it's ratified

                 by the majority in this state a year from this

                 November.

                            Education, we have proposed a

                 $10 billion package in CFE, and we're ready to

                 do what it takes this year for education in

                 this budget.

                            Economic development, with our

                 Excell program, a billion dollars proposed in

                 tax cuts to stimulate jobs.

                            And none of that passing there.  We

                 have passed countless bills -- create safety,

                 crack down on dangerous drivers, drunk

                 drivers, child sexual predators, murderers.

                 Passed bills to combat auto insurance fraud,

                 reduce the number of uninsured New Yorkers.

                            Again, I'm not going to go through

                 a whole litany, but it's really unfortunate



                                                        5247



                 that we could not get three-way agreement,

                 two-way agreement on the mental health parity

                 bill that we did here today, Rockefeller Drug

                 Law reform, procurement lobbying reform,

                 Empire Zone reform.

                            And again, we've worked closely

                 with the Governor, we've met with the Speaker

                 every week, almost, since January; more than

                 once, many times; met today, met yesterday

                 with him, with the Governor.  And we are where

                 we are.

                            We, I think, can be proud of what

                 we've done in this chamber as we formally

                 close.  We're going to be back.  We're not

                 going on vacation.  We are, all of us, going

                 to continue to work very diligently to try and

                 get some of this meaningful legislation done

                 for the people of this state, and we're going

                 to work diligently to get a budget done for

                 the people of this state.

                            Everyone is going to continue to

                 work after we close the formal part tonight of

                 this session.  No one is going on vacation

                 that I know of.  I canceled my trip to Italy.

                            (Laughter.)



                                                        5248



                            SENATOR BRUNO:    Which I had never

                 scheduled.

                            (Laughter.)

                            SENATOR BRUNO:    But I had a good

                 thought about that.

                            But it is going to be, I have a

                 feeling, a long, hot summer.  And I will

                 implore our colleagues here that we

                 communicate with the Assembly -- and to my

                 knowledge, they're working and going to be

                 back tomorrow -- that we've been here since

                 January and we're prepared to be here next

                 week, the following week, July 3rd, July 4th,

                 if we have meaningful, agreed-on legislation.

                            And to get there, members, chairs,

                 I'm sure you will be participating, trying to

                 close any of these important issues and get a

                 budget done for the people of this state.

                            So I want to thank you for the

                 support that you give us on your side of the

                 aisle, Senator Paterson, and also for the

                 debate when you don't support us and help to

                 just explore some of the possibilities that

                 exist.  Because, as has been stated here, none

                 of what we do is absolutely perfect.  And I



                                                        5249



                 think the debate is, many times, extremely

                 helpful.  So we thank you for that.

                            I want to thank the Majority

                 members here for your participation, for your

                 support, for your being here, for your doing

                 all the great things that you do constantly

                 and continually.  And again, we're going to

                 continue to do all of these kinds of things.

                            We have people here who support us,

                 and many of them are in the chamber and many

                 of them are listening, staffwise, and I want

                 to thank all of them.

                            And we're not going to go on at

                 great length.  Senator Skelos, who has been on

                 the floor here as our deputy, and all the

                 leaders that are here in this chamber, and all

                 of the members, I just say thank you.  Thank

                 you for your support, thank you for all the

                 good things that you do, thank you for your

                 intentions.

                            And, Mr. President, I'm not sure

                 when we'll be back here.  But I'm fairly

                 certain that we will be back here sometime

                 within this next 20 or 30 days, because we

                 have to get a budget done.  And someday I



                                                        5250



                 believe we'll get an agreement with the

                 Assembly if they want to close on a budget.

                            The CFE is not due to the courts

                 until July 30th.  And I share with you that on

                 July 30th, if we have a three-way agreement

                 and we submit that to the courts on July 30th,

                 the courts will not respond back and say

                 that's an improved plan.  So for those that

                 are waiting for CFE to get done, they may wait

                 till September or October.

                            And if people in the Assembly

                 aren't ready to do a budget until then, then

                 that's their prerogative.  Not fair to the

                 people of this state.  It is not fair to the

                 constituency, not fair to the members that are

                 working here diligently in this house.

                            So again, as we conclude the formal

                 session here, I am asking the Assembly to be

                 diligent in some of these major pieces of

                 legislation that we have addressed in trying

                 to get them done.  And to work on the budget,

                 because it is critically important to all of

                 the constituency in this state.  We're ready

                 and we're willing to conclude, but we need a

                 partner.



                                                        5251



                            And so I'm feeling badly that we're

                 here concluding and I am making remarks like

                 this as we conclude.  But life is what it is,

                 we're dealing in reality.  And again, we're

                 prepared, tomorrow, next week, to be here

                 doing whatever it takes.

                            So please, don't leave here,

                 anybody -- and I'm talking to the press, who

                 like to report that we're breaking for

                 vacation, and that is just not true.  So if

                 you write it, if you report it, it is not

                 true.  And rarely have I ever heard or read

                 anything in the press that is not true.

                            (Laughter.)

                            SENATOR BRUNO:    Mr. President, I

                 thank you.

                            And we are adjourning, and I move

                 that we adjourn, subject to the call of the

                 Majority Leader, intervening days to be

                 legislative days.

                            And I wish you all safe passage,

                 God bless you all.  Thank you.

                            (Applause.)

                            ACTING PRESIDENT KUHL:    The

                 Senate stands adjourned, subject to the call



                                                        5252



                 of the Majority Leader, intervening days to be

                 legislative days.

                            (Whereupon, at 11:26 p.m., the

                 Senate adjourned.)