Tuesday, June 21, 1994

5255 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 June 21, 1994 10 3:58 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR NICHOLAS A. SPANO, Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 5256 1 ... At 3:12 p.m.... 2 SENATOR PRESENT: There will be 3 an immediate meeting of the Committee on Rules 4 in Room 332. Immediate meeting of the Committee 5 on Rules in Room 332. 6 ...At 3:58 p.m.... 7 ACTING PRESIDENT SPANO: The 8 Senate will come to order. 9 Will all please rise for the 10 Pledge of Allegiance to the Flag. 11 (The assemblage repeated the 12 Pledge of Allegiance to the Flag.) 13 Today we have the Rabbi Robert A. 14 Rothman from the Community Synagogue of Rye for 15 the invocation. Rabbi? 16 RABBI ROBERT A. ROTHMAN: Lord 17 God, the great in wisdom, grant us, we of 18 limited and finite minds, the ability to 19 understand wherever Your children call upon You 20 for strength, guidance and inspiration, Your 21 spirit comes among them to bless them. We 22 beseech Your presence in our midst this day and 23 throughout the life of each one of those 5257 1 gathered in this Senate chamber. May the 2 efforts they expend, the deeds they accomplish, 3 the ideas they teach and reflect, help bring 4 nigh unto You those who look to them for 5 guidance and direction. May the power of 6 principle rather than the principle of power be 7 the measure of their commitment. Teach them 8 neither to be afraid of espousing good causes 9 nor cherishing good convictions. Save them from 10 that life's outlook which consists of slogans 11 that numb the mind, starve the soul and stultify 12 progress. May we all come to learn that prayer 13 without performance is perfidy; faith without 14 function is fanaticism and religion without 15 response is regression. Guide and preserve, we 16 pray, all those who zealously and wisely direct 17 this faithful body and those who contribute to 18 its strengths. May they continue to strive for 19 the beauty of studious reason for the 20 satisfaction of a vibrant and viable society, 21 for the enlargement of feelings true, and for 22 the sweetness of adding joy to humanity's earth 23 ly home by touching our dust with divinity. 5258 1 Blessed are You, O Lord, creator of life and of 2 purpose and of hope and of meaning. Amen. 3 ACTING PRESIDENT SPANO: Reading 4 of the Journal. 5 THE SECRETARY: In Senate, 6 Monday, June 20th. The Senate met pursuant to 7 adjournment, Senator Kuhl in the Chair upon 8 designation of the Temporary President. Prayer 9 by Rabbi Lester Benjamin Bronstein of White 10 Plains. The Journal of Saturday, June 18th, was 11 read and approved. On motion, Senate 12 adjourned. 13 ACTING PRESIDENT SPANO: Hearing 14 no objection, the Journal stands approved as 15 read. 16 Messages from the Assembly. 17 Messages from the Governor. 18 Reports of standing committees. 19 Secretary will read. 20 THE SECRETARY: Senator Marino, 21 from the Committee on Rules, reports the 22 following bills directly for third reading: 23 Senate Bill Number 112-A, by 5259 1 Senator Santiago, city of New York to reconvey a 2 certain parcel of real property; 3 623, by Senator Daly, an act to 4 amend the Public Officers Law; 5 1127, by Senator Present, Public 6 Lands Law; 7 1155, by Senator Skelos, an act 8 to amend the Penal Law; 9 1902-A, by Senator Larkin, an act 10 to amend the Agriculture and Markets Law; 11 2241-A, by Senator Paterson, city 12 of New York to reconvey its interests in certain 13 real property; 14 3790 -- excuse me, 3739-A, by 15 Senator Skelos, Retirement and Social Security 16 Law; 17 4186, by Senator Bruno -- 4186-A 18 by Senator Bruno, Public Authorities Law; 19 5065-B, by Senator Skelos, Real 20 Property Tax Law; 21 5387-A, by Senator Stafford, an 22 act to amend the Education Law; 23 6109-B, by Senator Kuhl, an act 5260 1 to amend the General Business Law and the 2 Executive Law; 3 6516-B, by Senator Skelos, an act 4 to amend the Penal Law; 5 6740, by Senator Present, an act 6 to amend the Real Property Tax Law; 7 7076-A, by Senator Stafford, an 8 act to amend the Tax Law; 9 7130, by Senator Saland, payment 10 of special district payment, the town of 11 Poughkeepsie; 12 7395, by Senator Daly, Education 13 Law; 14 7592-A, by Senator Rath, an act 15 to amend the Executive Law; 16 7755-A, by Senator Kuhl, 17 Agriculture and Markets Law; 18 7768, by Senator Kuhl, an act to 19 amend the Judiciary Law; 20 7906, by Senator Padavan, an act 21 to amend the Executive Law; 22 7907, by Senator Libous, an act 23 to amend the Criminal Procedure Law; 5261 1 7959-A, by Senator Johnson, an 2 act to amend the Executive Law; 3 8009, by Senator Trunzo, town of 4 Islip in the county of Suffolk to discontinue 5 use of park lands; 6 8091, by Senator Holland, an act 7 to amend the General Municipal Law; 8 8210, by Senator Farley, an act 9 to amend the Banking Law; 10 8248-A, by Senator Larkin, Real 11 Property Tax Law; 12 8268, by Senator DeFrancisco, 13 Criminal Procedure Law; 14 8454, by Senator Babbush, state 15 of New York to sell and convey to the city of 16 New York certain public lands; 17 8581, by Senator Lack, Uniform 18 Justice Court Act; 19 8593, by Senator Wright, amends 20 Chapter 165 of the Laws of 1826; 21 8605, by Senator Rath, State 22 Administrative Procedure Act; 23 5606-B, by Senator Tully and 5262 1 others, Public Health Law; 2 8642, by Senator Saland, an act 3 to amend the Family Court Act. 4 All bills reported directly for 5 third reading. 6 ACTING PRESIDENT SPANO: Without 7 objection, third reading. 8 Senator Velella. 9 SENATOR VELELLA: Mr. President, 10 if I may briefly interrupt the proceedings of 11 the Senate this afternoon to introduce a 12 colleague of ours from the state of New 13 Hampshire, State Senator Leo Fraser, who is also 14 the president of the National Conference of 15 Insurance Legislators, which will be having 16 their convention here in New York State in 17 November of this year. Senator Fraser is a 18 distinguished member of the New Hampshire 19 Legislature and, fortunately, is being treated 20 to sit on the Republican side of the house today 21 although in some kind of other life he sits on 22 the Democratic side. I'm sure he's getting a 23 tremendous education in the good process of how 5263 1 good government works sitting with us 2 Republicans today, Senator Gold. 3 ACTING PRESIDENT SPANO: Senator 4 Gold. 5 SENATOR GOLD: No comment. 6 ACTING PRESIDENT SPANO: Senator 7 Fraser, it's our pleasure to welcome you to the 8 chamber. We hope you enjoy your visit to the 9 state and to the Senate chamber today. Thank 10 you. 11 Senator -- motions and 12 resolutions. 13 Senator Rath. 14 SENATOR RATH: Mr. President, I 15 wish to call up bill, my bill, Print Number 7999 16 recalled from the Assembly which is now at the 17 desk. 18 ACTING PRESIDENT SPANO: 19 Secretary will read. 20 THE SECRETARY: By Senator Rath, 21 Senate Bill Number 7999, an act to amend the 22 State Administrative Procedure Act. 23 SENATOR RATH: Mr. President. 5264 1 ACTING PRESIDENT SPANO: Senator 2 Rath. 3 SENATOR RATH: I now move to 4 reconsider the vote by which this bill was 5 passed. 6 ACTING PRESIDENT SPANO: Call the 7 roll on reconsideration. 8 (The Secretary called the roll on 9 reconsideration. 10 THE SECRETARY: Ayes 43. 11 SENATOR RATH: Mr. President, I 12 now offer the following amendments. 13 ACTING PRESIDENT SPANO: Without 14 objection. 15 SENATOR RATH: Mr. President. 16 ACTING PRESIDENT SPANO: Senator 17 Rath. 18 SENATOR RATH: I wish to call up 19 my bill 8002-A recalled from the Assembly which 20 is now at the desk. 21 ACTING PRESIDENT SPANO: 22 Secretary will read. 23 THE SECRETARY: By Senator Rath, 5265 1 Senate Bill 8002-A, an act to amend the State 2 Administrative Procedure Act. 3 ACTING PRESIDENT SPANO: Senator 4 Rath. 5 SENATOR RATH: Mr. President, I 6 now move to reconsider the vote by which this 7 bill was passed. 8 ACTING PRESIDENT SPANO: Call the 9 roll on reconsideration. 10 (The Secretary called the roll on 11 reconsideration.) 12 THE SECRETARY: Ayes 43. 13 SENATOR RATH: Mr. President, I 14 now offer the following amendments. 15 ACTING PRESIDENT SPANO: So 16 ordered. 17 Senator Wright. 18 SENATOR WRIGHT: Mr. President, I 19 wish to call up my bill, Print Number 6861-B 20 recalled from the Assembly which is now at the 21 desk. 22 ACTING PRESIDENT SPANO: 23 Secretary will read. 5266 1 THE SECRETARY: By Senator 2 Wright, Senate Bill Number 6861-B, authorize the 3 city of Ogdensburg to finance a projected 4 accumulated deficit. 5 SENATOR WRIGHT: Mr. President, I 6 now move to reconsider the vote by which this 7 bill was passed. 8 ACTING PRESIDENT SPANO: Call the 9 roll on reconsideration. 10 (The Secretary called the roll on 11 reconsideration. ) 12 THE SECRETARY: Ayes 43. 13 ACTING PRESIDENT SPANO: Bill is 14 before the house. 15 SENATOR WRIGHT: Mr. President, I 16 now offer the following amendments. 17 ACTING PRESIDENT SPANO: So 18 ordered. 19 Senator Seward. 20 SENATOR SEWARD: Yes, Mr. 21 President. 22 On behalf of Senator Goodman, 23 please place a sponsor's star on Calendar Number 5267 1 1240. 2 ACTING PRESIDENT SPANO: Calendar 3 Number 1240 is starred at the request of the 4 sponsor. 5 SENATOR SEWARD: And also, on 6 behalf of Senator Libous, I wish to call up his 7 Bill Number 7189 recalled from the Assembly 8 which is now at the desk. 9 ACTING PRESIDENT SPANO: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Libous, Senate Bill Number 7189, an act to amend 13 the Mental Hygiene Law. 14 SENATOR SEWARD: Mr. President, I 15 now move to reconsider the vote by which this 16 bill was passed. 17 ACTING PRESIDENT SPANO: Call the 18 roll on reconsideration. 19 (The Secretary called the roll on 20 reconsideration. 21 THE SECRETARY: Ayes 43. 22 SENATOR SEWARD: Mr. President, I 23 now offer the following amendments. 5268 1 ACTING PRESIDENT SPANO: So 2 ordered. 3 Senator Daly. 4 SENATOR DALY: Mr. President, on 5 page 24, I offer the following amendments to 6 Calendar Number 993, Senate print 5407-D, and 7 ask that said bill retain its place on the Third 8 Reading Calendar. 9 ACTING PRESIDENT SPANO: So 10 ordered. 11 SENATOR DALY: Mr. President, may 12 I also remove the sponsor's star from Calendar 13 Number -- two bills, Calendar Numbers 298 and 14 708. 15 ACTING PRESIDENT SPANO: 298 and 16 708, remove the star. 17 Excuse me, Senator Daly. What 18 were those two numbers again? 19 SENATOR DALY: The two numbers 20 were 289 and 708. 21 ACTING PRESIDENT SPANO: 289 and 22 708. Thank you. 23 Senator Holland. 5269 1 SENATOR HOLLAND: Please star my 2 bill, Calendar Number 1226, Senate Print Number 3 7073; Calendar 1226. 4 ACTING PRESIDENT SPANO: 1226. 5 SENATOR HOLLAND: Star the bill. 6 ACTING PRESIDENT SPANO: The bill 7 is starred at the request of the sponsor. 8 ACTING PRESIDENT SPANO: Senator 9 Holland. 10 SENATOR HOLLAND: On page 29, I 11 offer the following amendments to my bill, 12 Calendar Number 1210, Senate Print Number 13 1012-F, and ask that said bill retain its place 14 on the Third Reading Calendar. 15 ACTING PRESIDENT SPANO: So 16 ordered. 17 Senator DiCarlo. 18 SENATOR DiCARLO: Mr. President, 19 on page 28, I offer the following amendments to 20 Calendar Number 1165, Senate Print 3463-A, and 21 ask that said bill retain its place on Third 22 Reading Calendar, for Senator Trunzo. 23 ACTING PRESIDENT SPANO: So 5270 1 ordered. 2 SENATOR DiCARLO: For Senator 3 Levy, on page 13, I offer the following 4 amendments to Calendar Number 663, Senate Print 5 Number 325, and ask that said bill retain its 6 place on Third Reading Calendar. 7 ACTING PRESIDENT SPANO: So 8 ordered. 9 SENATOR DiCARLO: Mr. President, 10 on page 41, I offer the following amendments to 11 Calendar Number 846, Senate Print 3410-A, and 12 ask that said bill retain its place on the Third 13 Reading Calendar. 14 ACTING PRESIDENT SPANO: So 15 ordered. 16 SENATOR DiCARLO: Mr. President, 17 I wish to call up Senator Levy's bill, Print 18 5551 recalled from the Assembly which is now at 19 the desk. 20 ACTING PRESIDENT SPANO: 21 Secretary will read. 22 THE SECRETARY: By Senator Levy, 23 Senate Bill Number 5551, an act to amend the 5271 1 Vehicle and Traffic Law. 2 SENATOR DiCARLO: Mr. President, 3 I now move to reconsider the vote by which this 4 bill was passed. 5 ACTING PRESIDENT SPANO: Call the 6 roll on reconsideration. 7 (The Secretary called the roll on 8 reconsideration. ) 9 THE SECRETARY: Ayes 43. 10 SENATOR DiCARLO: Mr. President, 11 I now offer the following amendments. 12 ACTING PRESIDENT SPANO: Without 13 objection. 14 SENATOR DiCARLO: On behalf of 15 Senator Levy, please place a sponsor's star on 16 Calendar Number 607. 17 ACTING PRESIDENT SPANO: 607 is 18 starred at the request of the sponsor. 19 SENATOR DiCARLO: On behalf of 20 Senator Libous, please place a sponsor's star on 21 Calendar 1225. 22 ACTING PRESIDENT SPANO: 1225 is 23 starred at the request of the sponsor. 5272 1 SENATOR DiCARLO: Mr. President, 2 on behalf of Senator Stafford, I wish to call up 3 his bill, Senate Print Number 6321-A recalled 4 from the Assembly which is now at the desk. 5 ACTING PRESIDENT SPANO: 6 Secretary will read. 7 THE SECRETARY: By Senator 8 Stafford, Bill Number 6321-A, in relation to the 9 creation of the Westport Fire District. 10 SENATOR DiCARLO: Mr. President, 11 I now move to reconsider the vote by which this 12 bill was passed. 13 ACTING PRESIDENT SPANO: Call the 14 roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration. ) 17 THE SECRETARY: Ayes 43. 18 SENATOR DiCARLO: I now offer the 19 following amendments. 20 ACTING PRESIDENT SPANO: Without 21 objection. 22 SENATOR DiCARLO: Mr. President, 23 on behalf of Senator Cook, I wish to call up his 5273 1 bill, Print Number 2915-B recalled from the 2 Assembly which is now at the desk. 3 ACTING PRESIDENT SPANO: 4 Secretary will read. 5 THE SECRETARY: By Senator Cook, 6 Senate Bill 2915-B, an act to amend the Social 7 Services Law. 8 SENATOR DiCARLO: Mr. President, 9 I now move to reconsider the vote by which this 10 bill was passed. 11 ACTING PRESIDENT SPANO: Call the 12 roll on reconsideration. 13 (The Secretary called the roll on 14 reconsideration. ) 15 THE SECRETARY: Ayes 44. 16 SENATOR DiCARLO: Mr. President, 17 I now offer the following amendments. 18 ACTING PRESIDENT SPANO: 19 Amendments received and adopted. 20 Senator Padavan. 21 SENATOR PADAVAN: Yes, Mr. 22 President. On behalf of Senator Volker, I move 23 to recommit Senate Print Number 6895, Calendar 5274 1 Number 751, which is on the Third Reading 2 Calendar and commit said bill to the Committee 3 on Health with instructions to strike the 4 enacting clause. 5 ACTING PRESIDENT SPANO: Was that 6 -- what was that bill number again, Senator 7 Padavan? 8 SENATOR PADAVAN: The printed 9 number is 6893. 10 ACTING PRESIDENT SPANO: 6893. 11 So ordered. 12 Senator LaValle. 13 SENATOR LAVALLE: Yes, Mr. 14 President. I'd like to remove the sponsor's 15 star on Calendar Number 539, Senate Print Number 16 6882-A and Calendar Number 1067, which is Senate 17 Print Number 8063-A. 18 ACTING PRESIDENT SPANO: Remove 19 the stars on 539 and 1067. 20 SENATOR LAVALLE: Thank you. 21 ACTING PRESIDENT SPANO: 22 Secretary will read substitutions. 23 THE SECRETARY: On page 11, 5275 1 Senator Levy moves to discharge the Committee on 2 Transportation from Assembly Bill Number 748-C 3 and substitute it for the identical Third 4 Reading 607. 5 On page 30, Senator Waldon moves 6 to discharge the Committee on Cities from 7 Assembly Bill Number 9337 and substitute it for 8 the identical Third Reading 1220. 9 On page 31, Senator Stavisky 10 moves to discharge the Committee on Rules from 11 Assembly Bill Number 9224-B and substitute it 12 for the identical Third Reading 1222. 13 On page 31, Senator LaValle moves 14 to discharge the Committee on Local Government 15 from Assembly Bill Number 10091 and substitute 16 it for the identical Third Reading 1224. 17 On page 31, Senator Libous moves 18 to discharge the Committee on Rules from 19 Assembly Bill Number 10876 and substitute it for 20 the identical Third Reading 1225. 21 On page 32, Senator Velella moves 22 to discharge the Committee on Rules from 23 Assembly Bill Number 10252 and substitute it for 5276 1 the identical Third Reading 1228. 2 On page 32, Senator Lack moves to 3 discharge the Committee on Rules from Assembly 4 Bill Number 11326 and substitute it for the 5 identical Calen... Third Reading 1231. 6 On page 32, Senator Velella moves 7 to discharge the Committee on Rules from 8 Assembly Bill Number 11,465 and substitute it 9 for the identical Third Reading 1234. 10 On page 33, Senator Goodman moves 11 to discharge the Committee on Rules from 12 Assembly Bill Number 8600-B and substitute it 13 for the identical Third Reading 1240. 14 ACTING PRESIDENT SPANO: 15 Substitutions ordered. 16 Any other motions, resolutions? 17 Senator Present. 18 SENATOR PRESENT: Mr. President, 19 I move that we adopt the Resolution Calendar 20 with the exception of 4013. 21 ACTING PRESIDENT SPANO: Question 22 is on the adoption of the resolutions on the 23 Resolution Calendar with the exception of 4013. 5277 1 All those in favor signify by 2 saying aye. 3 (Response of "Aye.") 4 Opposed nay. 5 (There was no response. ) 6 The resolutions are adopted. 7 Senator Present. 8 SENATOR PRESENT: Will you call 9 up that Resolution 4013? 10 ACTING PRESIDENT SPANO: 11 Secretary will read the title of 4013. 12 THE SECRETARY: Legislative Reso 13 lution 4013, by Senator Padavan and others, urg 14 ing the New York State Congressional delegation 15 to support New York State as a pilot state for 16 implementation of a tamper-proof identification 17 system for use by legal aliens in obtaining 18 employment in the United States. 19 ACTING PRESIDENT SPANO: Question 20 is on the resolution. All those in favor 21 signify by saying aye. 22 (Response of "Aye.") 23 Opposed nay. 5278 1 (There was no response. ) 2 The resolution is adopted. 3 Senator Present. 4 SENATOR PRESENT: Mr. President, 5 can we take up the non-controversial calendar. 6 ACTING PRESIDENT SPANO: 7 Secretary will read the non-controversial 8 calendar. 9 THE SECRETARY: On page 4, 10 Calendar Number 212, by Senator Velella, Senate 11 Bill Number 5614-B, an act to amend the 12 Insurance Law. 13 ACTING PRESIDENT SPANO: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT SPANO: Call the 18 roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 53. 21 ACTING PRESIDENT SPANO: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 5279 1 311, by Senator Johnson, Senate Bill Number 2 3934-A, an act to amend the General Business 3 Law. 4 ACTING PRESIDENT SPANO: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SPANO: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 53. 12 ACTING PRESIDENT SPANO: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 393, by Senator DiCarlo, Senate Bill Number 16 6379-A, an act to amend the Penal Law. 17 ACTING PRESIDENT SPANO: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT SPANO: Call the 22 roll. 23 (The Secretary called the roll. ) 5280 1 THE SECRETARY: Ayes 54. 2 ACTING PRESIDENT SPANO: The 3 bill's passed. 4 THE SECRETARY: Calendar Number 5 426, by member of the Assembly Weinstein, 6 Assembly Bill Number 4537-A, an act to amend the 7 Executive Law. 8 ACTING PRESIDENT SPANO: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT SPANO: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes -- ayes 50, 16 nays 4, Senators Cook, DiCarlo, Hannon and 17 Maltese recorded in the negative. 18 ACTING PRESIDENT SPANO: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 429, by Senator Skelos, Senate Bill Number 22 6522-A. 23 SENATOR GOLD: Lay it aside. 5281 1 SENATOR PRESENT: Lay it aside 2 for the day. 3 ACTING PRESIDENT SPANO: Laid 4 aside for the day. 5 THE SECRETARY: Calendar Number 6 434, by Senator Levy. 7 SENATOR PRESENT: Lay it aside 8 for the day. 9 ACTING PRESIDENT SPANO: Laid 10 aside for the day. 11 THE SECRETARY: Calendar Number 12 438, by member of the Assembly O'Neil, Assembly 13 Bill Number 9722-C, an act to amend the Highway 14 Law. 15 ACTING PRESIDENT SPANO: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT SPANO: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes -- ayes 53, 23 nays one, Senator Larkin recorded in the 5282 1 negative. 2 ACTING PRESIDENT SPANO: The 3 bill's passed. 4 THE SECRETARY: Calendar Number 5 600, by Senator Skelos. 6 SENATOR PRESENT: Lay it aside 7 for the day, please. 8 ACTING PRESIDENT SPANO: Laid 9 aside for the day. 10 THE SECRETARY: Calendar Number 11 643, by Senator Stafford, Senate Bill Number 12 4821-B, an act to amend the Penal Law. 13 ACTING PRESIDENT SPANO: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 1st day of 17 November. 18 ACTING PRESIDENT SPANO: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 54. 22 ACTING PRESIDENT SPANO: The bill 23 is passed. 5283 1 THE SECRETARY: Calendar Number 2 741, by the assembly Committee on Rules, 3 Assembly Bill Number 11,679-B, an act to amend 4 the Civil Service Law and the Military Law. 5 ACTING PRESIDENT SPANO: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SPANO: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 54. 13 ACTING PRESIDENT SPANO: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 767, by member of the Assembly Harenberg, 17 Assembly Bill Number 3315-B, Real Property Tax 18 Law. 19 ACTING PRESIDENT SPANO: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT SPANO: Call the 5284 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 54. 4 ACTING PRESIDENT SPANO: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 826, by Senator Larkin, Senate Bill Number 7685, 8 an act to amend the Real Property Tax Law. 9 ACTING PRESIDENT SPANO: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SPANO: Call the 14 roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 53, nays 17 one, Senator Cook recorded in the negative. 18 ACTING PRESIDENT SPANO: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1164, by Senator Kuhl, Senate Bill Number 2068. 22 ACTING PRESIDENT SPANO: Lay 23 aside for the day? Laid aside for the day. 5285 1 THE SECRETARY: Calendar Number 2 1170, by Senator Daly, Senate Bill Number 3 5933-A, relating to the disposition of surplus 4 monies of the East Gates Water District. 5 ACTING PRESIDENT SPANO: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SPANO: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 54. 13 ACTING PRESIDENT SPANO: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1178, by Senator Pataki, Senate Bill Number 17 7128, an act to amend the Town Law. 18 ACTING PRESIDENT SPANO: Home 19 rule message is at the desk. Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT SPANO: Call the 5286 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 54. 4 ACTING PRESIDENT SPANO: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1186, by Senator Libous, Senate Bill Number 8 7975, an act to amend the Tax Law. 9 SENATOR GOLD: Can we have a day 10 on that, please? 11 ACTING PRESIDENT SPANO: Laid 12 aside. Senator Libous, you want to lay that 13 aside for the day? 14 SENATOR LIBOUS: Yes. 15 ACTING PRESIDENT SPANO: Laid 16 aside for the day. 17 THE SECRETARY: Calendar Number 18 1211, by Senator Tully, Senate Bill Number 19 2428-A, an act to amend the General Municipal 20 Law. 21 ACTING PRESIDENT SPANO: Home 22 rule message is at the desk. Read the last 23 section. 5287 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT SPANO: Call the 4 roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 54. 7 ACTING PRESIDENT SPANO: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1212 - 11 ACTING PRESIDENT SPANO: Senator 12 Holland. 13 SENATOR HOLLAND: What happened 14 to 1210? 15 ACTING PRESIDENT SPANO: That 16 bill was amended previously, Senator Holland. 17 THE SECRETARY: Calendar Number 18 1212, by Senator Tully, Senate Bill Number 19 2430-A, an act to amend the Retirement and 20 Social Security Law. 21 ACTING PRESIDENT SPANO: Home 22 rule message is at the desk. Read the last 23 section. 5288 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT SPANO: Call the 4 roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 54. 7 ACTING PRESIDENT SPANO: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1213, by Senator Kuhl, Senate Bill Number 11 4141-A, New York State and Local Employees 12 Retirement System. 13 ACTING PRESIDENT SPANO: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT SPANO: Call the 18 roll. 19 SENATOR GOLD: Lay it aside, 20 please. 21 ACTING PRESIDENT SPANO: Laid 22 aside. 23 THE SECRETARY: Calendar Number 5289 1 1214, by Senator Cook, Senate Bill Number 4966, 2 an act to amend the Education Law. 3 ACTING PRESIDENT SPANO: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT SPANO: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 53, nays 11 one, Senator DeFrancisco recorded in the 12 negative. 13 ACTING PRESIDENT SPANO: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1215, by the Senate Committee on Rules, Senate 17 Bill Number 5701-A, extending certain police 18 disability retirement benefits. 19 ACTING PRESIDENT SPANO: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 SENATOR GOLD: Lay it aside. 5290 1 ACTING PRESIDENT SPANO: Laid 2 aside. 3 THE SECRETARY: Calendar Number 4 1216, by Senator Spano, Senate Bill Number 5 5738-A, an act to amend the Vehicle and Traffic 6 Law. 7 ACTING PRESIDENT SPANO: Home 8 rule message is at the desk. Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT SPANO: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 54. 16 ACTING PRESIDENT SPANO: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1217, by Senator DeFrancisco, Senate Bill Number 20 6394-A, an act to amend the Family Court Act. 21 ACTING PRESIDENT SPANO: Read the 22 last section. 23 THE SECRETARY: Section 2. This 5291 1 act shall take effect immediately. 2 ACTING PRESIDENT SPANO: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 54. 6 ACTING PRESIDENT SPANO: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1218, by Senator Stafford, Senate Bill Number 10 6496-A, Environmental Conservation Law. 11 ACTING PRESIDENT SPANO: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SPANO: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 54. 19 ACTING PRESIDENT SPANO: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1219, by Senator Volker, Senate Bill Number 23 6594, an act to amend the Vehicle and Traffic 5292 1 Law. 2 ACTING PRESIDENT SPANO: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT SPANO: Call the 7 roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 54. 10 ACTING PRESIDENT SPANO: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1220, substituted earlier today, by member of 14 the Assembly Jenkins, Assembly Bill Number 9337, 15 city of New York to reconvey its interest in 16 certain real property. 17 ACTING PRESIDENT SPANO: Home 18 rule message is at the desk. Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT SPANO: Call the 23 roll. 5293 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 55. 3 ACTING PRESIDENT SPANO: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1221, by Senator Gold, Senate Bill Number 6626, 7 an act to amend the Education Law. 8 ACTING PRESIDENT SPANO: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT SPANO: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 55. 16 ACTING PRESIDENT SPANO: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1222, substituted earlier today, by member of 20 the Assembly Lafayette, Assembly Bill Number 90 21 -- 2924-B, New York to convey its interest in 22 certain real property. 23 ACTING PRESIDENT SPANO: Home 5294 1 rule message is at the desk. Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT SPANO: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 55. 9 ACTING PRESIDENT SPANO: The bill 10 the passed. 11 THE SECRETARY: Calendar Number 12 1223, by Senator Nozzolio, Senate Bill Number 13 6855, an act to amend the Civil Service Law. 14 ACTING PRESIDENT SPANO: Home 15 rule message is at the desk. Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT SPANO: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 55. 23 ACTING PRESIDENT SPANO: The bill 5295 1 is passed. 2 THE SECRETARY: Calendar Number 3 1224, substituted earlier today, by member of 4 the Assembly McGee, Assembly Bill Number 10091, 5 Volunteer Firefighters Benefit Law. 6 ACTING PRESIDENT SPANO: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT SPANO: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 55. 14 ACTING PRESIDENT SPANO: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1227, by Senator Holland, Senate Bill Number 18 7136, an act to amend the Tax Law and Chapter 19 491 of the Laws of 1993. 20 ACTING PRESIDENT SPANO: Read the 21 last section. 22 THE SECRETARY: Section - 23 SENATOR GOLD: Lay it aside, 5296 1 please. 2 ACTING PRESIDENT SPANO: Laid 3 aside. 4 THE SECRETARY: Calendar Number 5 1228, substituted earlier today, by member of 6 the Assembly Kaufman, Assembly Bill Number 7 10252, the city of New York to reconvey its 8 interest in certain real property. 9 ACTING PRESIDENT SPANO: Home 10 rule message is at the desk. Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT SPANO: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 55. 18 ACTING PRESIDENT SPANO: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1229, by Senator Wright, Senate Bill Number 22 7531, an act to amend the Mental Hygiene Law. 23 ACTING PRESIDENT SPANO: Read the 5297 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT SPANO: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 55. 8 ACTING PRESIDENT SPANO: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1230, by Senator Cook, Senate Bill Number 7667, 12 in relation - 13 SENATOR GOLD: Lay aside. 14 ACTING PRESIDENT SPANO: Laid 15 aside. 16 THE SECRETARY: Calendar Number 17 1231, substituted earlier today, by the Assembly 18 Committee on Rules, Assembly Bill Number 11326, 19 Real Property Law. 20 ACTING PRESIDENT SPANO: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 5298 1 ACTING PRESIDENT SPANO: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 55. 5 ACTING PRESIDENT SPANO: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1232, by Senator Larkin, Senate Bill Number 9 7894, an act to amend the Navigation Law. 10 SENATOR GOLD: Lay that aside for 11 Senator Paterson, please. 12 ACTING PRESIDENT SPANO: You want 13 to lay that bill aside? Laid aside. 14 THE SECRETARY: Calendar Number 15 1233, by Senator Cook, Senate Bill Number 7912, 16 making certain findings and determinations. 17 ACTING PRESIDENT SPANO: Home 18 rule message is at the desk. Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT SPANO: Call the 23 roll. 5299 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 55. 3 ACTING PRESIDENT SPANO: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1234, substituted earlier today, by the Assembly 7 Committee on Rules, Assembly Bill Number 11465, 8 city of New York to reconvey its interest in 9 certain real property. 10 ACTING PRESIDENT SPANO: Home 11 rule message is at the desk. Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SPANO: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 55. 19 ACTING PRESIDENT SPANO: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1235, by Senator Tully, Senate Bill Number 7928, 23 an act to amend the Social Services Law. 5300 1 ACTING PRESIDENT SPANO: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT SPANO: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 55. 9 ACTING PRESIDENT SPANO: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1237, by Senator Lack, Senate Bill Number 8193, 13 an act to amend the Tax Law. 14 ACTING PRESIDENT SPANO: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT SPANO: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 55. 22 ACTING PRESIDENT SPANO: The bill 23 is passed. 5301 1 THE SECRETARY: Calendar Number 2 1238, by Senator Daly, Senate Bill Number 3 8261-A, an act - 4 SENATOR PRESENT: Lay aside for 5 the day. 6 ACTING PRESIDENT SPANO: Laid 7 aside for the day. 8 THE SECRETARY: Calendar Number 9 1239, by Senator Daly. 10 SENATOR PRESENT: Lay aside for 11 the day. 12 ACTING PRESIDENT SPANO: Laid 13 aside for the day. 14 THE SECRETARY: Calendar Number 15 1241, by Senator Saland, Senate Bill Number 16 8441, an act to amend the Family Court Act. 17 ACTING PRESIDENT SPANO: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT SPANO: Call the 22 roll. 23 (The Secretary called the roll. ) 5302 1 THE SECRETARY: Ayes 55. 2 ACTING PRESIDENT SPANO: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1242, by Senator Skelos, Senate Bill Number 6 8449-A, an act to amend the State Finance Law. 7 ACTING PRESIDENT SPANO: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SPANO: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 55. 15 ACTING PRESIDENT SPANO: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1243, by Senator Kuhl, Senate Bill Number 8460, 19 in relation to the membership in State Police 20 20-year retirement plan. 21 ACTING PRESIDENT SPANO: Read the 22 last section. 23 SENATOR LEICHTER: Lay it aside. 5303 1 ACTING PRESIDENT SPANO: Laid 2 aside. 3 THE SECRETARY: Calendar Number 4 1244, by Senator Marchi, Senate Bill Number 5 8470, an act to amend the Abandoned Property 6 Law. 7 ACTING PRESIDENT SPANO: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SPANO: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 55. 15 ACTING PRESIDENT SPANO: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1245, by Senator - 19 SENATOR GOLD: Lay aside. 20 ACTING PRESIDENT SPANO: Laid 21 aside. 22 THE SECRETARY: Calendar Number 23 1247, by Senator Wright. 5304 1 SENATOR WRIGHT: Lay aside for 2 the day. 3 ACTING PRESIDENT SPANO: Laid 4 aside for the day. 5 THE SECRETARY: Calendar Number 6 1248, by Senator Nozzolio, Senate Bill Number 7 8575, an act to amend the Tax Law. 8 SENATOR GOLD: Lay it aside. 9 ACTING PRESIDENT SPANO: Laid 10 aside. 11 THE SECRETARY: Calendar Number 12 1249, by Senator Daly, Senate Bill Number 8578, 13 authorizing the Commissioner of General Services 14 to convey an easement. 15 ACTING PRESIDENT SPANO: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT SPANO: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 55. 23 ACTING PRESIDENT SPANO: The bill 5305 1 is passed. 2 THE SECRETARY: Calendar Number 3 1250, by Senator Johnson, Senate Bill Number 4 8583, an act to amend the Military Law. 5 ACTING PRESIDENT SPANO: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SPANO: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 55. 13 ACTING PRESIDENT SPANO: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1251, by Senator Kuhl, Senate Bill Number 8586, 17 authorizing the city of Elmira to convey certain 18 lands. 19 ACTING PRESIDENT SPANO: Home 20 rule message is at the desk. Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 5306 1 ACTING PRESIDENT SPANO: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 55. 5 ACTING PRESIDENT SPANO: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1252, by Senator Kuhl. 9 SENATOR PRESENT: Lay it aside 10 for the day, please. 11 ACTING PRESIDENT SPANO: Laid 12 aside for the day. 13 THE SECRETARY: Calendar Number 14 1253, by Senator Farley, Senate Bill Number 15 8588, an act to amend the Public Housing Law. 16 ACTING PRESIDENT SPANO: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT SPANO: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 55. 5307 1 ACTING PRESIDENT SPANO: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1254, by Senator Wright, Senate Bill Number 5 8592, amends Chapter - 6 SENATOR GOLD: Can we have a day 7 on this? 8 SENATOR WRIGHT: Pardon? 9 SENATOR GOLD: May we have one 10 day on this? 11 SENATOR WRIGHT: Yes. 12 ACTING PRESIDENT SPANO: Laid 13 aside for the day. 14 THE SECRETARY: Calendar Number 15 1255, by Senator Rath. 16 SENATOR PRESENT: Lay it aside 17 for the day, please. 18 ACTING PRESIDENT SPANO: Laid 19 aside for the day. 20 THE SECRETARY: Calendar Number 21 1256, by Senator Nozzolio, Senate Bill Number 22 8613, authorizing the county of Cayuga to convey 23 certain easements. 5308 1 ACTING PRESIDENT SPANO: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT SPANO: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 55. 9 ACTING PRESIDENT SPANO: The bill 10 is passed. 11 Senator Leichter. 12 SENATOR LEICHTER: Mr. President, 13 may I have unanimous consent to be recorded in 14 the negative on Calendar Number 1237? 15 ACTING PRESIDENT SPANO: Without 16 objection. 17 Senator Present, that completes 18 the non-controversial calendar. 19 SENATOR PRESENT: Mr. President, 20 can we take up the controversial calendar, 21 please. 22 ACTING PRESIDENT SPANO: 23 Secretary will read the controversial calendar. 5309 1 THE SECRETARY: On page 29, 2 Calendar Number 1213, by Senator Kuhl, Senate 3 Bill Number 4141-A, require New York State and 4 Local Employees Retirement System to accept 5 retirement applications. 6 SENATOR GOLD: Explanation. 7 SENATOR PRESENT: Lay it aside 8 temporarily. 9 ACTING PRESIDENT SPANO: Laid 10 aside. 11 THE SECRETARY: Calendar Number 12 1215, by the Senate Committee on Rules, Senate 13 Bill Number 5701-A, extending certain police 14 disability retirement benefits. 15 SENATOR LEICHTER: Explanation. 16 ACTING PRESIDENT SPANO: Is an 17 explanation asked for? 18 SENATOR PRESENT: There was. 19 ACTING PRESIDENT SPANO: Senator 20 Present. 21 SENATOR PRESENT: Mr. President, 22 in 1979 there were a number of policemen, state, 23 from the Division of Parks and Recreation who 5310 1 were employees of Parks and Recreation who were 2 transferred into the State Police. 3 This establishes their disability 4 benefits as they were when they were members of 5 the Parks and Recreation Commission. 6 ACTING PRESIDENT SPANO: Senator 7 Leichter. 8 SENATOR LEICHTER: Yes. I'm just 9 trying to understand why these particular people 10 who were transferred to the State Police now, as 11 members of the State Police they were entitled 12 certainly to disability for their services as 13 State Police, is that right? 14 SENATOR PRESENT: At a reduced 15 rate from which they were entitled to as members 16 -- as employees of Parks and Recreation. 17 SENATOR LEICHTER: All right. 18 But, Senator, would -- if I understand this, are 19 you now counting salary or acts that occurred 20 prior to the time they were members of the State 21 Police in computing or fixing the eligibility 22 for disability based on their service prior to 23 the time they were in the State Police? 5311 1 SENATOR PRESENT: Is it -- once 2 more. I didn't follow you. 3 SENATOR LEICHTER: Well, are you, 4 by this bill, giving credit either for 5 eligibility or for computation of benefits for 6 services to people prior to the time that they 7 were members of the State Police? 8 SENATOR PRESENT: This -- this 9 bill clarifies the intention of the law we 10 passed in '79 when these people were transferred 11 from Parks and Recreation to the State Police, 12 which enables them to receive the same 13 disability benefits they would have received had 14 they remained in Parks and Recreation. 15 SENATOR LEICHTER: Well, let me 16 see if I understand. Isn't it a fact that, by 17 this bill, you are giving them the benefits of 18 disability which comes from being a member of 19 the State Police; is that right? 20 SENATOR PRESENT: True, but 21 they're less -- they're less than they would 22 have received had they remained as employees of 23 Parks and Recreation. 5312 1 SENATOR LEICHTER: There's a 2 reason -- are you saying the State Police has 3 lesser disability benefits than members of the 4 state park service? 5 SENATOR PRESENT: Because the 6 date of transfer was later. They lost their 7 prior right. 8 SENATOR LEICHTER: As I read this 9 bill, Senator Present, I just ask you whether 10 I'm not correct that isn't what you're doing 11 counting service that was rendered prior to the 12 time they became members of the State Police in 13 either determining eligibility or at least 14 determining the level of benefits when they re 15 tire as members of the State Police and, if 16 that's the case, my question is why? 17 SENATOR PRESENT: The intent of 18 the legislation which transfers these personnel 19 from Parks and Recreation to State Police in 20 1979 was not to diminish any of their rights or 21 disability benefits. This corrects that so that 22 they would receive the same as had they remained 23 in Parks and Recreation. 5313 1 SENATOR LEICHTER: Well, Senator, 2 I don't want to - 3 SENATOR PRESENT: You may. 4 SENATOR LEICHTER: -- question 5 your reading of this bill, but it seems to me 6 that you're saying that members of the state 7 park service have a higher disability benefit 8 than have members of the State Police, which is 9 not my understanding. 10 SENATOR PRESENT: Back in prior 11 to 1979 and before they were transferred, they 12 had a 75 percent disability benefit. When they 13 were transferred into the State Police, it was 14 at 50 percent, so you're wrong. State Police 15 benefits are less. 16 SENATOR LEICHTER: And you're 17 saying that -- I don't know whether it was your 18 intent; I know it wasn't my intent, but when 19 they transferred to the State Police that we 20 were going to keep the retirement disability at 21 75 percent which they would have enjoyed if 22 they'd stayed as members of the state park 23 police. 5314 1 SENATOR PRESENT: At that time 2 the State Police took over jurisdiction of the 3 parkways. 4 SENATOR LEICHTER: Let me ask you 5 this question: As members of the State Police 6 did they receive higher wages? 7 SENATOR PRESENT: I don't believe 8 so. No. 9 SENATOR LEICHTER: I accept - 10 SENATOR GOLD: Mr. President. 11 ACTING PRESIDENT SPANO: Senator 12 Gold. 13 SENATOR GOLD: Yeah. Senator 14 Present, just so I understand it, and I was 15 trying to follow along. What -- were they 16 transferred -- when this transfer occurred, was 17 it a voluntary transfer or was it an involuntary 18 transfer? 19 SENATOR PRESENT: It was 20 voluntary and completed by a chapter in 1979. 21 SENATOR GOLD: And when they made 22 the transfer, did they get any increase in 23 salaries? 5315 1 SENATOR PRESENT: Well, if they 2 did, only as a result of collective bargaining 3 agreements. 4 SENATOR GOLD: Well, if the 5 Senator will yield to a question. This is the 6 part that I don't understand. They were 7 employed by a certain agency. 8 SENATOR PRESENT: Right. 9 SENATOR GOLD: They transferred 10 and you say it was voluntarily to another agency 11 and they may have, in the new job, gotten more 12 respect, more money, I don't know what, and now 13 it seems as if something happened, obviously 14 they did not expect, that something happened and 15 now they want the benefit of a different job 16 which they voluntarily gave up and made a 17 transfer. 18 Now, that's what I'm getting at. 19 If I'm wrong, I certainly would like to 20 understand how I'm wrong, but I guess that's 21 what I'm getting at. 22 SENATOR PRESENT: Well, I guess 23 you say the "voluntarily" probably had an 5316 1 option. You transfer under the terms of this 2 chapter and we guarantee you no diminution of 3 your benefits or your salaries, or you don't 4 want to transfer you'd probably be fired, you'd 5 be out of a job. 6 SENATOR GOLD: Well, I don't 7 understand that, Senator. I mean is that the 8 fact or is it not the fact? I don't understand 9 it at all. 10 SENATOR PRESENT: Well, the 11 intent of the chapter passed in 1979 was to 12 transfer these people to the State Police and 13 not to diminish any of their benefits. 14 SENATOR GOLD: Well, as a last 15 question, Senator, wouldn't it just have been 16 easy to keep them in the same retirement system 17 they were in or to have language which equalized 18 the retirement systems? 19 SENATOR PRESENT: I think that 20 was the intent of the language passed in 1979 21 and there was a technical error in it or 22 omission. 23 Last section. 5317 1 ACTING PRESIDENT SPANO: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT SPANO: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 55, nays 9 one, Senator Leichter recorded in the negative. 10 ACTING PRESIDENT SPANO: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1227, by Senator Holland, Senate Bill Number 14 7136, an act to amend the Tax Law and Chapter 15 491 of the Laws of 1993. 16 ACTING PRESIDENT SPANO: Read the 17 last section. 18 SENATOR GOLD: Explanation. 19 Explanation. 20 ACTING PRESIDENT SPANO: Senator 21 Holland for an explanation. 22 SENATOR HOLLAND: This bill would 23 make permanent provisions of the present law 5318 1 which authorizes until 30 June 1994 the release 2 by the Department of Taxation and Finance of 3 wage information to the Department of Social 4 Services for the purpose of evaluating the 5 effectiveness of employment and training 6 programs. 7 This is a department -- this is a 8 program bill and there will be an Assembly 9 sponsor. 10 ACTING PRESIDENT SPANO: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT SPANO: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 56. 18 ACTING PRESIDENT SPANO: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1230, by Senator Cook, Senate Bill Number 7667, 22 an act in relation to the membership of certain 23 police officers in the town of Fallsburg. 5319 1 SENATOR GOLD: Explanation. 2 ACTING PRESIDENT SPANO: Senator 3 Cook. 4 SENATOR COOK: Mr. President, the 5 town of Fallsburg passed a resolution authoriz 6 ing its police officers to be covered under 7 Section 384 (d) of the Retirement and Social 8 Security Law. The town tells us that it was 9 their fault that, indeed, the application forms 10 for the members were not forwarded to the state 11 and, therefore, they are prepared to accept the 12 -- the costs of having these members become 13 members of the system. 14 SENATOR GOLD: Will Senator Cook 15 yield to a question? 16 SENATOR COOK: Yes, sir. 17 ACTING PRESIDENT SPANO: Senator 18 Cook yields. 19 SENATOR GOLD: Senator Cook, the 20 Rules Committee, in the last few days, is 21 starting to see this new brand of personnel bill 22 and I want to get it out early as to what we're 23 doing or not doing. Do you know why this would 5320 1 not be covered by the Trunzo bill that we passed 2 last year? 3 SENATOR COOK: Senator, I asked 4 the same question, and I'm led to believe that 5 it has to do with a section of law that is being 6 dealt with that, for some reason, the Trunzo 7 bill -- and Senator Trunzo isn't here, but I'm 8 led to believe that it wasn't included in the 9 original Trunzo bill that was passed, and I 10 think that probably it would be appropriate that 11 that law be amended to have this section in 12 there, but we're told by the Retirement System 13 that it isn't covered by that law. 14 SENATOR GOLD: Well, will the 15 Senator yield to a question? 16 SENATOR COOK: Yes. 17 ACTING PRESIDENT SPANO: Senator 18 continues to yield. 19 SENATOR GOLD: Senator, I think 20 that it's not telling any tales out of school 21 that we will be around for a few days. Why 22 don't we lay this aside and have a bill put in 23 under your name which makes the general change 5321 1 in the Trunzo law from last year, so that it 2 affects all of these people instead of us 3 starting now with a new tirade. 4 Now, it took -- it took about 5 five years to get the Trunzo law where we 6 started with about 10 or 15 of these bills and 7 then it grew to hundreds of bills before we 8 finally passed the law. If we find that there 9 are people such as this who should have been 10 covered by the Trunzo bill and weren't, why 11 don't we just hold your bill for a day or two 12 and see if we can get the general law changed 13 and take care of everybody? 14 SENATOR COOK: I guess, Senator, 15 the answer is, I don't really think these people 16 want to wait for five years. 17 SENATOR GOLD: Five days. 18 SENATOR COOK: Well, as you 19 indicated, last time it took five years and 20 that's the way, unfortunately, it sometimes 21 happens around here. I -- I would certainly 22 agree with you in principle that the entire law 23 should be changed and, in fact, I'll be glad to 5322 1 ask Senator Trunzo to -- to proceed on that, but 2 I will also tell you that we have been working 3 with the sponsors in the Assembly on these 4 bills, that I'm not prepared, frankly, to -- to 5 submarine them at this point since all the work 6 has been done on them, in order to let that 7 other process move forward. We don't have any 8 assurance, for example, that the Governor would 9 even sign a general bill. Indeed we may be 10 around here for some days yet, but I'm not - 11 I'm not sure that this is the sort of thing that 12 will get the top -- to the top of the agenda in 13 that period of time and, in that interim, I 14 think that the individual bill is -- I'd like to 15 move forward with the individual bills. 16 SENATOR GOLD: Well, Mr. 17 President. 18 ACTING PRESIDENT SPANO: Senator 19 Gold. 20 SENATOR GOLD: I think with the 21 support of Senator Leichter, it took a lot of 22 "no" votes and a lot of pointing out before we 23 got to the point where we made the proper 5323 1 amendments. 2 I'm going to suggest to Senator 3 Cook that if he wants to talk to Senator Trunzo, 4 and I will, there can be a Trunzo-Cook-Leichter 5 bill or whatever, that adds this in, and I don't 6 believe the Governor wouldn't sign it, but I 7 think that we're starting out in the same old 8 nonsense where people put in private bills to 9 get a benefit that the average citizen does not 10 get unless the average citizen knows a legislat 11 or, and it's a terrible way to do this, and - 12 and I'm going to urge that Senator Leichter and 13 I and anybody else wants to join vote no on 14 these bills, and maybe that will encourage some 15 general legislation. 16 SENATOR COOK: Mr. President. 17 ACTING PRESIDENT SPANO: Senator 18 Cook. 19 SENATOR COOK: I'd simply like to 20 indicate, Senator, that when you say that the 21 average citizen doesn't get the benefit, these 22 bills were requested by the municipalities that 23 are involved. It's not a matter that some 5324 1 person from out in left field came in to us and 2 says, "Can't you do me a special favor?" The 3 municipality calls us, tells us, "We obviously 4 somewhere in the process messed up and we'd like 5 to have the means of correcting it." 6 SENATOR GOLD: Mr. President, on 7 the bill. 8 ACTING PRESIDENT SPANO: Senator 9 Gold, on the bill. 10 SENATOR GOLD: Mr. President, 11 when it comes to honesty, Senator Cook doesn't 12 need my affirmation but, if you want it, you got 13 it. That's not the issue. I mean the issue is 14 that, when it comes to little towns and little 15 villages and municipalities throughout this 16 state, all you need is -- is Joe or Harry or Tom 17 about to retire and somebody says, Oh, my God, 18 you know, if you were under this system or that 19 system, the next thing you know one guy is 20 lying, everybody is swearing to it and what the 21 hell, and the municipality is going along with 22 it, because it's run by this political party or 23 that political party and this one knows that and 5325 1 that's exactly what shouldn't happen. At least 2 we shouldn't be the ones making the judgment. 3 Now, I don't know these people, 4 and I don't want to suggest in any way that 5 there was any shenanigans with this bill. But 6 as I've said so many times before, if we get to 7 a point where we were before, Senator Cook, 8 where we're dealing with 150, 200 bills, you 9 know there's a crook in there some place. I 10 don't know which one, but you're asking me and 11 other members of this Legislature to be the 12 judges in cases where we don't have the facts 13 and we don't know what's goin' on. 14 So to refresh everybody's 15 recollection, we passed the Trunzo bill which 16 set up an administrative procedure and then 17 people didn't have to come to the Legislature. 18 They could just make the filings, the town could 19 show the proof, the adjustments could be made 20 and we were out of it, but the concept of us 21 being in it when we don't know any of the facts 22 involved is ludicrous, and it has nothing to do 23 with this particular situation, Senator Cook, 5326 1 because I know you wouldn't touch something with 2 a ten-foot pole unless you knew it was honest. 3 But the point is, we really don't know any more 4 than we hear from the municipalities and it's a 5 dangerous precedent. 6 ACTING PRESIDENT SPANO: Home 7 rule message is at the desk. Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SPANO: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 53, nays 4, 15 Senators Dollinger, Gold, Leichter and 16 Montgomery recorded in the negative. 17 ACTING PRESIDENT SPANO: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1232, by Senator Larkin, Senate Bill Number 21 7894, an act to amend the Navigation Law. 22 SENATOR GOLD: Explanation, 23 please. 5327 1 ACTING PRESIDENT SPANO: Senator 2 Larkin. 3 SENATOR LARKIN: This bill 4 exempts volunteer fire fighting companies and 5 districts and protection districts or 6 departments from strict liability for any 7 pollution discharge of the petroleum products if 8 the discharge occurs during the performance of 9 the fire fighting duties. However, the 10 individuals or companies would still be liable 11 for any negligent actions. This is as a result 12 of a court case. 13 ACTING PRESIDENT SPANO: Senator 14 Gold. 15 SENATOR LARKIN: It was put in as 16 a result of a court case. 17 SENATOR GOLD: Yes, I just want 18 to inform the body that this is, in fact, a 19 result of a court case, and the New York State 20 Trial Lawyers is in opposition to it and they 21 are concerned about the blanket immunity of a 22 class of potential tortfeasors. 23 ACTING PRESIDENT SPANO: Read the 5328 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT SPANO: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 57. 8 ACTING PRESIDENT SPANO: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1243, by Senator Kuhl, Senate Bill Number 8460, 12 an act in relation to membership in State Police 13 20-year retirement plan. 14 SENATOR GOLD: Explanation. 15 SENATOR PRESENT: Lay it aside 16 temporarily. 17 ACTING PRESIDENT SPANO: Lay it 18 aside temporarily. 19 THE SECRETARY: Calendar Number 20 1245, by Senator Cook, Senate Bill Number 8514, 21 in relation to eligibility for the optional 22 20-year retirement plan. 23 SENATOR GOLD: Explanation. 5329 1 ACTING PRESIDENT SPANO: Senator 2 Cook. 3 SENATOR COOK: Mr. President, 4 this bill is practically like the other one 5 except that in this case, the town says that the 6 forms were, in fact, entered; Retirement System 7 denies that they were received. There's nobody 8 who is able to ascertain exactly what did happen 9 on either side of the aisle at this point. 10 The point, however, is that 11 there's no more costs involved than there would 12 have been had the forms, indeed, been received 13 on -- in a timely manner and it's -- it's really 14 another -- the same section of the law, the same 15 general set of circumstances. 16 ACTING PRESIDENT SPANO: Senator 17 Leichter. 18 SENATOR LEICHTER: Mr. President, 19 I think that Senator Gold, in our previous 20 debate on a Senator Cook bill, I think, gave the 21 reason why at least some of us feel that it's 22 unwise to once again get into the process of 23 trying to pass on these pension applications, 5330 1 but one thing which sort of triggers my interest 2 is that we've got 61 members of the Legislature 3 here. I notice last year that apparently people 4 who are represented by Democrats seemed to be 5 more careful in making their pension 6 applications because we see almost no bills from 7 this side of the aisle. 8 But now, I'm able to make another 9 observation, that of those people represented by 10 Republicans, that those in Ulster County repre 11 sented by Senator Cook seem to be much less 12 careful than other people represented by 13 Republican Senators. 14 I never, you know, see these 15 bills come out in any other part of the state, 16 or rarely. So, Senator Cook, maybe you ought to 17 give some -- in your news letter, maybe have a 18 little note in there how to make out pension 19 applications, or what good -- a good post office 20 to mail it, but I think it's unfortunate that 21 once we thought we had laid this whole process 22 to rest, to find out that we didn't, and I think 23 that Senator Gold made a good suggestion that we 5331 1 ought to amend that Trunzo bill and cover this 2 particular provision of the law. I can't 3 understand why it wasn't covered, but if you say 4 it wasn't, I assume it isn't, but I think that 5 we really ought to, you know, avoid getting 6 caught into this whole process again. 7 ACTING PRESIDENT SPANO: Senator 8 Cook. 9 SENATOR COOK: Mr. President, 10 Senator Leichter, I'll be glad in the next news 11 letter we'll list you as a consultant on all 12 retirement matters. Anyone can contact you and 13 have this resolved. 14 ACTING PRESIDENT SPANO: Home 15 rule message is at the desk. 16 SENATOR DOLLINGER: Mr. 17 President. 18 ACTING PRESIDENT SPANO: I'm 19 sorry. Senator Dollinger. 20 SENATOR DOLLINGER: Will the 21 sponsor yield to a question? 22 ACTING PRESIDENT SPANO: Senator 23 Cook? Senator Cook yields. 5332 1 SENATOR DOLLINGER: Senator, I'm 2 just interested in the finite question of the 3 fiscal implications of this. It says "the 4 remaining costs of $315,000 will be socialized 5 by all remaining members of the system." Can 6 you tell me what that means? 7 SENATOR COOK: It means, Senator, 8 that the people in this case as opposed to the 9 other case where the town clearly said it's 10 their responsibility, that in this case the town 11 is saying, We mailed it, we don't know why the 12 system didn't get it, but we think it should be 13 deemed that it was -- that it was filed in a 14 timely manner, because we sent them in and it 15 isn't really the town who is going to suffer if 16 we don't do this, it's going to be the 17 individual police officers. 18 SENATOR DOLLINGER: Just, again, 19 through you, Mr. President, if Senator Cook will 20 again yield. 21 SENATOR COOK: Yes. 22 SENATOR DOLLINGER: Does that 23 mean that $315,000 that would again be available 5333 1 for benefits to people who are currently in the 2 system would go to pay for the benefits for 3 these individuals? 4 SENATOR COOK: Well, what it 5 means, Senator, is that that amount of money 6 which would have been paid had the piece of 7 paper been received last year will nevertheless 8 be paid even though the piece of paper was 9 received this year. 10 SENATOR DOLLINGER: O.K. But 11 again through you, Mr. President, just so I 12 understand, the $315,000, is that paid for by 13 the local communities or is that simply money 14 that comes out of the pension system based on 15 additional contributions from other people? 16 SENATOR COOK: It's the -- it 17 makes the members of the pension system in the 18 same manner as if they had been enrolled at the 19 time that they were -- that they first did, in 20 fact, individually fill out the piece of paper 21 and somebody put them in the mail to get to 22 Albany, and the town is indeed saying it will 23 make its contribution, dated from that date 5334 1 forward, because it considers that to be the 2 service -- the point at which it was liable for 3 contributing, and it's, in effect, simply making 4 these members eligible for the same benefit that 5 they would have been eligible for under any 6 other circumstances. 7 SENATOR DOLLINGER: Again just so 8 I understand it. The $315,000 isn't coming from 9 the town; it's coming out of the pension system, 10 this is what they will be paid out of? 11 SENATOR COOK: It's a pro rated 12 benefit that all other towns in the state are 13 getting, yes. 14 SENATOR DOLLINGER: Just on the 15 bill briefly. 16 ACTING PRESIDENT SPANO: Senator 17 Dollinger on the bill. 18 SENATOR DOLLINGER: I think that 19 my brief colloquy with Senator Cook highlights 20 the point that Senator Gold makes, in that it 21 appears that we're making an adjudication that 22 the town was not responsible and that the 23 officers weren't responsible, so instead the 5335 1 beneficiaries of the pension system are now 2 going to pay the money to cover this. 3 I'd simply point this out because 4 at least in my recollection, the discussion 5 about a supplement and a COLA for the members of 6 the pension system in New York State, one of the 7 things that the Comptroller has said is that 8 there are extra funds available, several hundred 9 million dollars, which are accrued additional 10 benefits beyond those that are required to meet 11 the actuarial assumptions of the pension 12 system. 13 What it seems to me we're doing 14 in this little bill is, we're taking a little 15 tiny piece of that and saying that we're going 16 to give it to these 11 officers and we're making 17 an adjudication today based on what Senator Cook 18 said that it wasn't the officer's fault, it 19 wasn't the town's fault, but yet the mail was 20 never received and I think, much as Senator Gold 21 explained, that that kind of justification needs 22 some kind of case-by-case determination based on 23 evidence. 5336 1 I thought we did all that in the 2 Trunzo bill last year. The reason why we did it 3 is because we said we couldn't be judge and jury 4 over these pension matters. I have great 5 sympathy for the plight of these officers. I 6 have great sympathy for the plight of a town who 7 says, We think we did it and we can't tell you 8 why we're not in, but it seems to me this ought 9 to be adjudicated through the pension system and 10 not resolved in this fashion when we don't have 11 enough information to make an adjudication that 12 holds the pension fund liable for $315,000 in 13 other people's money that we're now about to 14 give to these 11 officers. 15 I understand the Senator's 16 position and his sponsorship, but I just think 17 this is the wrong forum to adjudicate that. 18 ACTING PRESIDENT SPANO: Home 19 rule message is at the desk. Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT SPANO: Call the 5337 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 54, nays 3, 4 Senators Dollinger, Gold and Leichter recorded 5 in the negative. 6 ACTING PRESIDENT SPANO: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1248, by Senator Nozzolio, Senate Bill Number 10 8575, an act to amend the Tax Law. 11 SENATOR GOLD: Hold on. 12 ACTING PRESIDENT SPANO: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT SPANO: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 57. 20 ACTING PRESIDENT SPANO: The bill 21 is passed. 22 Senator Stafford, that's it? 23 Senator Present, that completes 5338 1 our controversial. 2 SENATOR GOLD: On behalf of 3 Senator Smith, I believe there's a resolution at 4 the desk if we could have it read and could move 5 its adoption. 6 ACTING PRESIDENT SPANO: Yes. 7 Secretary will read the title of the resolution. 8 THE SECRETARY: Legislative 9 Resolution, by Senator Smith and also Senator 10 Montgomery, honoring actress/singer Melba Moore 11 in recognition of her dedicated efforts in 12 behalf of women's organizations aiding abused 13 women, upon the occasion of the African Street 14 Festival on July 1st, 1994. 15 ACTING PRESIDENT SPANO: Question 16 is on the resolution. All those in favor 17 signify by saying aye. 18 (Response of "Aye.") 19 Opposed nay. 20 (There was no response. ) 21 The resolution is adopted. 22 Senator Present. 23 SENATOR GOLD: May I inquire, is 5339 1 Calendar 1241 still in the house? 2 ACTING PRESIDENT SPANO: Senator 3 Gold, that bill is not in the house. 4 SENATOR GOLD: All right. Thank 5 you. 6 SENATOR PRESENT: Housekeeping? 7 ACTING PRESIDENT SPANO: Any more 8 housekeeping? 9 (There was no response. ) 10 Senator Present. 11 SENATOR PRESENT: Mr. President, 12 there being no further business, I move that we 13 adjourn until tomorrow at 11:00 a.m. 14 ACTING PRESIDENT SPANO: Senate 15 will stand adjourned until tomorrow at 11:00 16 a.m. 17 (Whereupon at 5:05 p.m., the 18 Senate adjourned.) 19 20 21 22 23