Thursday, May 30, 1996

6131 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 May 30, 1996 11 11:02 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH L. BRUNO, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 6132 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Members will find 4 their places, guests find their places. Ask 5 everybody to rise and join with me in the saying 6 the Pledge of Allegiance to the Flag. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT KUHL: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (A moment of silence was 13 observed. ) 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Wednesday, May 29th. The Senate met pursuant to 17 adjournment, Senator Kuhl in the Chair upon 18 designation of the Temporary President. Prayer 19 by the Reverend Pastor Christian Schoenberg, 20 Trinity Lutheran Church of Hawthorne. The 21 Journal of Tuesday, May 28th, was read and 22 approved. On motion, Senate adjourned. 23 ACTING PRESIDENT KUHL: Hearing 6133 1 no objection, the Journal stands approved as 2 read. 3 Presentation of petitions. 4 Messages from the Assembly. 5 Messages from the Governor. 6 Reports of standing committees. 7 Reports of select committees. 8 Communications and reports from 9 state officers. 10 Motions and resolutions. 11 Senator Marcellino. 12 SENATOR MARCELLINO: Mr. 13 President, on behalf of Senator Farley, on page 14 number 31, I offer the following amendments to 15 Calendar Number 912, Senate Print Number 6221, 16 and ask that said bill retain its place on the 17 Third Reading Calendar. 18 ACTING PRESIDENT KUHL: 19 Amendments to Calendar 912 are received and 20 adopted. The bill will retain its place on the 21 Third Reading Calendar. 22 Senator Marcellino. 23 SENATOR MARCELLINO: Also on 6134 1 behalf of Senator Farley, on page number 31 I 2 offer the following amendments to Calendar 3 Number 913, Senate Print Number 6222, and ask 4 that said bill retain its place on the Third 5 Reading Calendar. 6 ACTING PRESIDENT KUHL: 7 Amendments to Calendar Number 913 are received 8 and adopted. The bill will retain its place on 9 the Third Reading Calendar. 10 Senator Marcellino. 11 SENATOR MARCELLINO: On behalf of 12 Senator Leibell, Mr. President, on page number 13 30, I offer the following amendments to Calendar 14 Number 900, Senate Print Number 5019, and ask 15 that said bill retain its place on the Third 16 Reading Calendar. 17 ACTING PRESIDENT KUHL: 18 Amendments are received and adopted. Bill will 19 retain its place on the Third Reading Calendar. 20 SENATOR MARCELLINO: Thank you. 21 ACTING PRESIDENT KUHL: Senator 22 Tully. 23 SENATOR TULLY: Yes, Mr. 6135 1 President, on page 21, I offer the following 2 amendments to Calendar 739, my bill, Senate 3 Print Number 6839-A, and ask that said bill 4 retain its place on the Third Reading Calendar. 5 ACTING PRESIDENT KUHL: 6 Amendments to Calendar Number 739 are received 7 and adopted. The bill will retain its place on 8 the Third Reading Calendar. 9 Senator Tully. 10 SENATOR TULLY: Mr. President, on 11 page 21, I offer the following amendments to 12 Calendar Number 740, my bill, Senate Print 13 Number 6871-A, and ask that said bill retain its 14 place on the Third Reading Calendar. 15 ACTING PRESIDENT KUHL: 16 Amendments are received and adopted. Bill will 17 retain its place on the Third Reading Calendar. 18 Senator Tully. 19 SENATOR TULLY: Mr. President, on 20 behalf of Senator Hoblock, on page 35, I offer 21 the following amendments to Calendar Number 949, 22 Senate Print Number 5842-A and ask that said 23 bill retain its place on the Third Reading 6136 1 Calendar. 2 ACTING PRESIDENT KUHL: 3 Amendments are received and adopted. Bill will 4 retain its place on the Third Reading Calendar. 5 Senator Tully. 6 SENATOR TULLY: Yes, Mr. 7 President, on behalf of Senator Libous, please 8 place a sponsor's star on Calendar Number 717. 9 ACTING PRESIDENT KUHL: Calendar 10 717 is starred at the request of the sponsor. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 there will be an immediate meeting of the Rules 14 Committee in Room 332 of the Capitol. 15 ACTING PRESIDENT KUHL: Immediate 16 meeting of the Rules Committee in the Majority 17 Conference Room, Room 332. Immediate meeting of 18 the Rules Committee in Room 332, the Majority 19 Conference Room. 20 Senator Skelos. 21 SENATOR SKELOS: On behalf of 22 Senator Bruno, I offer up the following 23 resolution and ask that the title be read and 6137 1 move for its immediate adoption. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the title of the privileged 4 resolution. 5 THE SECRETARY: By Senator Bruno, 6 concurrent resolution of the Senate and 7 Assembly, authorizing the Temporary President of 8 the Senate and the Speaker of the Assembly to 9 file an election to make certain officers and 10 employees of joint legislative employers 11 eligible for the retirement incentives offered 12 by Chapter 30 of the Laws of 1996. 13 ACTING PRESIDENT KUHL: Question 14 is on the resolution. All those in favor 15 signify by saying aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response. ) 19 The resolution is adopted. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, I 22 offer the following resolution and ask that the 23 title be read and move for its immediate 6138 1 adoption. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the title of the privileged 4 resolution. 5 THE SECRETARY: By Senator Bruno, 6 legislative resolution commemorating the 125th 7 Anniversary of the Castleton Fire Company to be 8 celebrated on June 7 and 8, 1996. 9 ACTING PRESIDENT KUHL: Question 10 is on the resolution. All those in favor 11 signify by saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response.) 15 The resolution is adopted. 16 Senator Holland. 17 SENATOR HOLLAND: Mr. President, 18 I believe there's another resolution at the 19 desk. I ask that the title be read and move its 20 adoption. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the title of the privileged 23 resolution. 6139 1 THE SECRETARY: By Senator Bruno, 2 legislative resolution commemorating the 20th 3 season of the New York State Theatre Institute. 4 ACTING PRESIDENT KUHL: Question 5 is on the resolution. All those in favor 6 signify by saying aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response. ) 10 The resolution is adopted. 11 Senator Holland. 12 SENATOR HOLLAND: Mr. President, 13 I believe there's a privileged resolution at the 14 desk by Senator Farley. May we please have the 15 title read and move its immediate adoption. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the title of the privileged resolution 18 by Senator Farley. 19 THE SECRETARY: By Senator Farley, 20 legislative resolution commending the town of 21 Charlton upon the occasion of its 28th Annual 22 Founders Week End. 23 ACTING PRESIDENT KUHL: Question 6140 1 is on the resolution. All those in favor 2 signify by saying aye. 3 (Response of "Aye.") 4 Opposed nay. 5 (There was no response. ) 6 The resolution is adopted. 7 SENATOR HOLLAND: Mr. President. 8 ACTING PRESIDENT KUHL: Senator 9 Holland, that brings us to the calendar. 10 SENATOR HOLLAND: Could we move 11 the non-controversial calendar, please. 12 ACTING PRESIDENT KUHL: Secretary 13 will call the non-controversial calendar. 14 THE SECRETARY: On page 4, 15 Calendar Number 41, by Senator Levy, Senate 16 Print 331-A, an act to amend the Vehicle and 17 Traffic Law, in relation to distinctive plates. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 6141 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 33. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 262, by Senator LaValle, Senate Print 2882-A, an 7 act to amend the Education Law, in relation to 8 the registration of licensed professionals. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 33. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 456, by Senator Maltese, Senate Print 2092-A, an 21 act to amend the Education Law, in relation to a 22 program for graduate student aid. 23 ACTING PRESIDENT KUHL: Secretary 6142 1 will read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 33. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 504, by Senator Marcellino, Senate Print 5773-A, 12 an act to amend the Vehicle and Traffic Law, in 13 relation to certificates of inspection. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 32, nays 22 one, Senator Kuhl recorded in the negative. 23 ACTING PRESIDENT KUHL: The bill 6143 1 is passed. 2 THE SECRETARY: Calendar Number 3 577, by Senator Johnson, Senate Print 3233, an 4 act to amend the General Business Law, in 5 relation to limitations. 6 SENATOR PATERSON: Lay it aside. 7 SENATOR HOLLAND: Lay aside for 8 the day, please. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside for the day. 11 THE SECRETARY: Calendar Number 12 639, by Senator Seward, Senate Print 6505, an 13 acted to amend the Energy Law, in relation to 14 authorizing energy performance contracts. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 34. 23 ACTING PRESIDENT KUHL: The bill 6144 1 is passed. 2 THE SECRETARY: Calendar Number 3 640, by Senator Seward, Senate Print 6537, an 4 act to amend the Public Service Law, the Public 5 Officers Law and the General Construction Law. 6 SENATOR PATERSON: Lay that 7 aside. 8 ACTING PRESIDENT KUHL: Lay the 9 bill aside. 10 THE SECRETARY: Calendar Number 11 659, by Senator Maziarz, Senate Print 6547, an 12 act to legalize, certificate and confirm the 13 acts of Lyndonville Central School District. 14 ACTING PRESIDENT KUHL: There's a 15 local fiscal impact note at the desk. Secretary 16 will read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 36. 23 ACTING PRESIDENT KUHL: The bill 6145 1 is passed. 2 THE SECRETARY: Calendar Number 3 685, by Senator Levy, Senate Print 6876-A, an 4 act to amend the Vehicle and Traffic Law, in 5 relation to the right of way. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 36. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 697, by Senator Hoblock, Senate Print 6257-A, an 18 act to amend the Penal Law, in relation to 19 prohibiting an employer from unlawfully 20 penalizing a victim. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 6146 1 act shall take effect on November 1st. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 37. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 718, by Senator Libous, Senate Print Number 10 6899, an act to amend the Mental Hygiene Law and 11 the Education Law, in relation to providing 12 mandate relief. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last section. 15 THE SECRETARY: Section 10. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 37. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 6147 1 719, by Senator Cook, Senate Print 3220-B, an 2 act to amend the Soil and Water Conservation 3 Districts Law. 4 SENATOR PATERSON: Lay aside, 5 please. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 776, by Senator Saland, Senate Print 1434-B, an 10 act authorizing the Commissioner of General 11 Services. 12 SENATOR PATERSON: Lay aside. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 792, by the Assembly Committee on Rules, 17 Assembly Print 8244-A, an act to amend the 18 Education Law, in relation to mandatory 19 continuing education for dentists. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect January 1st. 6148 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 37. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 844, by Senator Levy, Senate Print 7311-A, an 9 act to amend Chapter 96 of the Laws of 1993, 10 amending the Highway Law and others. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 38. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 846, by Senator Levy, Senate Print 7351-A, an 23 act to amend the Public Authorities Law, in 6149 1 relation to the issuance of variable rate 2 obligations. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 38. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 849, by Senator Levy, Senate Print 7363, an act 15 to amend the Public Authorities Law, in relation 16 to jurisdiction. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 8. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 6150 1 THE SECRETARY: Ayes 38. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 867, by member of the Assembly Weisenberg, 6 Assembly Print 8529-A, an act to amend the 7 Executive Law and others, in relation to career 8 education. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 38. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 878, by Senator Skelos, Senate Print 6892, an 21 act to authorize the payment of transportation 22 aid to the Baldwin Union Free School District. 23 ACTING PRESIDENT KUHL: There's a 6151 1 local fiscal impact note at the desk. Secretary 2 will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 38. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 879, by Senator Present, Senate Print 7031, an 13 act to legalize, validate, ratify and confirm 14 certain actions and proceedings. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 38. 23 ACTING PRESIDENT KUHL: The bill 6152 1 is passed. 2 THE SECRETARY: Calendar Number 3 908, by Senator Spano, Senate Print 4005-D, an 4 act creating the Temporary State Commission on 5 the Livery Industry. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 15. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 39. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 916, by the Assembly Committee on Rules, 18 Assembly Print 8394-B, an act to amend the 19 Education Law, in relation to the establishment 20 of a community college region. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 6153 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 39. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 924, by the Assembly Committee on Rules, 10 Assembly Print 7695-B, an act to amend the 11 County Law and others, in relation to 12 application of paragraph (d) of such section. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 39. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 6154 1 938, by Senator Larkin, Senate Print 7089, an 2 act to amend the County Law, in relation to 3 authorizing county sewer districts. 4 SENATOR DOLLINGER: Lay it aside. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number 8 1012, by Senator Goodman, Senate Print 6639, an 9 act authorizing the city of New York to reconvey 10 its interest in certain real property. 11 ACTING PRESIDENT KUHL: There is 12 a home rule message at the desk. The Secretary 13 will read the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 40. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1056, by Senator Lack, Senate Print 4757-A, an 6155 1 act to amend the General Obligations Law, in 2 relation to statutory short forms. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 8. This 6 act shall take effect on the 1st day of 7 January. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 41. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1059, by Senator Hoblock, Senate Print 6260, an 16 act to amend the Domestic Relations Law, the 17 Public Health Law, the Executive Law and the 18 State Finance Law. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 12. This 22 act shall take effect April 1st. 23 ACTING PRESIDENT KUHL: Call the 6156 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 41. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1069, by Senator Maziarz, Senate Print 7432, an 8 act to amend the Environmental Conservation Law, 9 in relation to providing for the removal of fill 10 pipe. 11 SENATOR MALTESE: At the request 12 of the sponsor, can that be laid aside for the 13 day. 14 ACTING PRESIDENT KUHL: The bill 15 will be laid aside for the day. 16 THE SECRETARY: Calendar Number 17 1086, by Senator Goodman, Senate Print 7458. 18 SENATOR PATERSON: Lay aside. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. 21 THE SECRETARY: Calendar Number 22 1101, by Senator LaValle, Senate Print 6324, an 23 act to amend the Penal Law, in relation to 6157 1 unlawfully posting advertisements. 2 SENATOR DOLLINGER: Lay it aside. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside. 5 THE SECRETARY: Calendar Number 6 1103, by Senator Volker, Senate Print 6529, an 7 act to amend the Civil Practice Law and Rules, 8 in relation to personal service. 9 SENATOR PATERSON: Lay aside. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 1107, by Senator Larkin, Senate Print 6840, an 14 act to amend the Criminal Procedure Law, in 15 relation to security services. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 42. 6158 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1116, by Senator Leibell, Senate Print 7492, an 5 act to - 6 SENATOR PATERSON: Lay aside. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 1130, by Senator Volker, Senate Print 549, an 11 act to amend the Highway Law, in relation to 12 authorizing the placement of drug-free school 13 zone signs. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 42. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 6159 1 THE SECRETARY: Calendar Number 2 1133, by member of the Assembly Gantt, Assembly 3 Print 5979, an act to amend the Vehicle and 4 Traffic Law, in relation to the license plates 5 of rental vehicles. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 180th day. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 44. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1135, by Senator Goodman, Senate Print 1605, an 18 act to amend the Vehicle and Traffic Law, in 19 relation to the time period in which complaints 20 against motor vehicle repair shops may be made. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 6160 1 act shall take effect on the 1st day of 2 January. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 43, nays 7 one, Senator Kuhl recorded in the negative. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 1162, by member of the Assembly Magee, Assembly 12 Print 9815, an act to amend the Highway Law, in 13 relation to adding the Commissioner of 14 Agriculture and Markets. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 44. 23 ACTING PRESIDENT KUHL: The bill 6161 1 is passed. 2 THE SECRETARY: Calendar Number 3 1169, by Senator Holland, Senate Print 6616-A, 4 an act to amend Subdivision 1 of Section 2 of 5 Chapter 155 of the Laws of 1986. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 44. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1171, by Senator Libous, Senate Print 6990-A. 18 SENATOR PATERSON: Lay aside. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. 21 THE SECRETARY: Calendar Number 22 1174, by the Assembly Committee on Rules, 23 Assembly Print 8120-A, an act to amend the 6162 1 Executive Law, in relation to increasing the 2 amount for burial expenses. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 1st day of 7 November. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 45. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1184, by Senator Stafford, Senate Print 6531, an 16 act to amend the Public Authorities Law, in 17 relation to establishing the 1932 and 1980 Lake 18 Placid Winter Olympic Museum. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 6163 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 45. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1188, by Senator Marchi, Senate Print 6818, an 8 act to amend the Limited Liability Company Law 9 and the Partnership Law. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 6. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 45. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1206, by Senator DeFrancisco, Senate Print 5529 22 A, an act to amend the Election Law, in relation 23 to party nominations. 6164 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 5. This 4 act shall take effect on the 1st day of 5 December. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 45. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Holland, that completes 13 the reading of the non-controversial calendar. 14 SENATOR HOLLAND: Mr. President, 15 could we do the controversial calendar, please. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the controversial calendar beginning 18 with Calendar Number 640, by Senator Seward. 19 SENATOR GOLD: Mr. President. 20 ACTING PRESIDENT KUHL: Senator 21 Gold, why do you rise? 22 SENATOR GOLD: Yeah, if I can 23 impose, before we do that, yesterday we had 6165 1 Calendar Number 381, Senate 3520-A, by Senator 2 DeFrancisco. I was out of the chamber. Could 3 the record indicate if I were here I would have 4 voted in the negative, and on Calendar Number 5 1167, Senate Print 1468, by Senator Holland, 6 would it please indicate that had I been here I 7 would have voted in the negative. 8 ACTING PRESIDENT KUHL: Senator 9 Gold, the record will reflect that had you been 10 in the chamber yesterday when the roll call was 11 called on Calendar Number 381 and also 1167, 12 that you would have voted in the negative. 13 SENATOR GOLD: Thank you. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the con... 16 SENATOR LEICHTER: Mr. President. 17 ACTING PRESIDENT KUHL: Senator 18 Leichter, why do you rise? 19 SENATOR LEICHTER: Would you 20 please, with unanimous consent, record me in the 21 negative on Calendar 1107. 22 ACTING PRESIDENT KUHL: 1107? 23 SENATOR LEICHTER: Yes. 6166 1 ACTING PRESIDENT KUHL: Without 2 objection, hearing no objection, Senator 3 Leichter will be recorded in the negative on 4 Calendar Number 1107. 5 Secretary will read the 6 controversial calendar. 7 THE SECRETARY: On page 17, 8 Calendar Number 640, by Senator Seward, Senate 9 Print 6537, an act to amend the Public Service 10 Law, the Public Officers Law and the General 11 Construction Law, in relation to video 12 conferencing. 13 SENATOR PATERSON: Last section. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 6. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 46. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 6167 1 THE SECRETARY: Calendar Number 2 719, by Senator Cook, Senate Print 3220-B, an 3 act to amend the Soil and Water Conservation 4 Districts Law, in relation to authorizing 5 districts. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect on the 1st day of June. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 46. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 776, by Senator Saland, Senate Print 1434-B, an 18 act authorizing the Commissioner of General 19 Services to sell certain land to the city of 20 Beacon. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the -- Secretary will read the last 23 section. 6168 1 THE SECRETARY: Section 4. This 2 act shall take effect immediately. 3 SENATOR PATERSON: Party vote in 4 the negative, Mr. President. 5 SENATOR HOLLAND: Party vote in 6 the affirmative. 7 ACTING PRESIDENT KUHL: Senator 8 Holland, what's your pleasure? 9 SENATOR HOLLAND: Mr. President, 10 would you lay this bill aside for the day, 11 please. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside for the day. 14 THE SECRETARY: Calendar Number 15 938, by Senator Larkin, Senate Print 7089, an 16 act to amend the County Law, in relation to 17 authorizing county sewer districts. 18 SENATOR DOLLINGER: Explanation. 19 ACTING PRESIDENT KUHL: Senator 20 Larkin, an explanation of Calendar Number 938, 21 Senate Bill 7089, has been asked for by Senator 22 Dollinger. 23 SENATOR LARKIN: Senator 6169 1 Dollinger, this bill was introduced at the 2 request of the Orange County Legislature. They 3 want to amend the County Law to authorize the 4 county sewer district to enter into certain 5 agreements. 6 Part of it goes back to a federal 7 executive order signed into law by then 8 President Bush which gave back authority to 9 local government to privatize and yet eliminate 10 any debt owed to them by the federal 11 government. 12 What we're doing here is we have 13 a facility in Orange County that's reached its 14 capacity. There are no extra funds. This was 15 passed by the Legislature that those, in turn, 16 representing the towns and villages and cities 17 within Orange County, I say to you that we've 18 had a moratorium on our plant because of 19 expansion. There can be no new business in that 20 part of the county. This is the only facility 21 of its kind, and it's the belief of the county, 22 their financial planners and all, their fiscal 23 planners, that this is the best vehicle to go 6170 1 to. 2 SENATOR DOLLINGER: Mr. 3 President, if Senator Larkin will yield to just 4 one question. 5 ACTING PRESIDENT KUHL: Senator 6 Larkin, do you yield to a question from Senator 7 Dollinger? 8 SENATOR LARKIN: Yes, I will, Mr. 9 President. 10 ACTING PRESIDENT KUHL: Senator 11 yields. 12 SENATOR DOLLINGER: I laid the 13 bill aside, Senator, because CSEA, I guess, put 14 in a memo in opposition. 15 SENATOR LARKIN: Mr. President, I 16 can't hear him. 17 ACTING PRESIDENT KUHL: Can we 18 have a little quiet in the chamber, please. 19 Members take their conversations out of the 20 chamber. 21 SENATOR DOLLINGER: Through you, 22 Mr. President, I laid the bill aside because 23 there was a memo in opposition which suggested 6171 1 that there hadn't been any public input in the 2 decision to do this, and my understanding from 3 you is that there has been public input. I 4 assume there was a county legislative hearing 5 before this bill every came - 6 SENATOR LARKIN: Yes, there was, 7 with a resolution from the county, sir. 8 SENATOR DOLLINGER: And I assume 9 this comes with a home rule message from Orange 10 County. 11 SENATOR LARKIN: We weren't asked 12 for a home rule message by home rule counsel, 13 sir. 14 SENATOR DOLLINGER: O.K., but my 15 understanding is that the Orange County 16 Legislature has voted in favor of doing this. 17 SENATOR LARKIN: Yes, they did. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 6172 1 (The Secretary called the roll. ) 2 ACTING PRESIDENT KUHL: Announce 3 the results when tabulated. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 938 are Senators 6 Abate, Connor, Dollinger, Kruger, Lachman, 7 Paterson, Stachowski. Ayes 39, nays 7. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar 1086, by 11 Senator Goodman, Senate Print 7458, an act to 12 amend the Tax Law, in relation to disclosure of 13 tax returns. 14 SENATOR PATERSON: Explanation. 15 SENATOR HOLLAND: Lay it aside 16 temporarily. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside temporarily. 19 THE SECRETARY: Calendar 1101, by 20 Senator LaValle, Senate Print 6324, an act to 21 amend the Penal Law, in relation to unlawfully 22 posting advertisements. 23 SENATOR DOLLINGER: An 6173 1 explanation, please. 2 ACTING PRESIDENT KUHL: Senator 3 LaValle, an explanation of Calendar Number 1101 4 has been requested by Senator Dollinger. 5 SENATOR LAVALLE: Mr. President, 6 this bill is very straightforward, but I'm going 7 to start with why and what we're trying to 8 accomplish, and then I think the words that 9 we're adding here will begin to have some 10 meaning. 11 Suffolk Community College had 12 contacted my office and we also had the 13 involvement of the trustees at the Community 14 College because the campus has been flooded by 15 flyers, and I have a Newsday story of the 16 January 24th of this year. The headline is 17 "Flooded by Flyers, College Battles Bars that 18 Dump Handbills on Campus. They're a night club 19 promoter's dream. Flyers promising free drinks 20 and free admissions to lure in crowds, and 21 they're piled high in college classrooms and 22 stuck on every car windshield in the college 23 parking lot." 6174 1 And so that really is the essence 2 behind what the board of trustees at their meet 3 ing in January, January 25th, in a resolution, 4 that is trying to get a handle on approving the 5 college or setting a policy for the college in 6 the distribution of handbills, but asked us for 7 some statutory changes, and we asked - 8 communicated with the district attorney, D.A. 9 James Catterson, on how we might approach this, 10 and also asked some people at the -- at Turo Law 11 School how we might approach this because we're 12 obviously dealing with First Amendment rights, 13 and I'm sure that's why Senator Dollinger raised 14 the question, and what we're doing is we're 15 adding to the Penal Law. It's very, very 16 simple. It says, "A person is guilty of 17 unlawfully posting advertisements when having no 18 right to do so, any reason or ground to believe 19 that he has such right, he posts, paints, 20 affixes," what we're adding, the words "to or 21 otherwise places upon the property of another 22 person, any advertisement, poster," et cetera. 23 So the only thing I can imagine, 6175 1 Senator Dollinger, is that you have broader 2 concerns, constitutional concerns in whether our 3 language has a chilling effect on one's ability 4 to distribute posters, and so forth. 5 We believe we don't. If you have 6 a disparate view, certainly - 7 SENATOR DOLLINGER: Mr. 8 President, I don't even think I need to question 9 Senator LaValle because it is so straight 10 forward, and I appreciate the goal and certainly 11 sympathize with the college's problems in the 12 flood of this material designed for later 13 adolescents to encourage consumption of alcohol 14 or other activities that clearly may not be in 15 their best interests and, frankly, we shouldn't 16 have an interest in promoting them. 17 My concern is that I will stand 18 guilty, I guess, and I don't know how many 19 members of the Senate have stood here and said 20 that they've violated a provision of the law, 21 but when I ran for election in Monroe County, it 22 was an age old tradition to take a flyer that 23 said "Vote for Dollinger" and go into a parking 6176 1 lot and clip it on the windshield wiper on the 2 day -- on election morning. We used to have 3 what we called the "black turtleneck brigade", 4 that went out in black turtlenecks and went out 5 into parking lots at 4:00 o'clock in the morning 6 and put political information, information that 7 officials running for office wanted the voter, 8 it said, Today is election day, please vote; 9 keep in mind Rick Dollinger. 10 It seems to me, and I wasn't 11 aware that that may be illegal under this law. 12 It may be illegal not only to do it in a private 13 parking lot of an apartment house which I think 14 I guess I can understand a greater basis once 15 you get away from public property, but I always 16 thought that at least putting it under the 17 windshield of a car on a public street wasn't 18 against the law, and it seems to me that what 19 this bill does is it sweeps so broadly, and I - 20 Senator, I appreciate what you're doing to 21 append to this bill, I didn't even know this was 22 in the Penal Law. 23 I believe the whole section may 6177 1 go too far in sweeping too many kinds of 2 activities. My guess is it's not rigorously 3 enforced in this state. My guess is that there 4 have been very few prosecutions for doing this, 5 but it seems to me that because of the danger of 6 interfering with political discourse, that is a 7 candidate running for office, in the Suffolk 8 County Community College or at a Suffolk County 9 institution says, I want to put my political 10 advertisement up on the school bulletin board or 11 I want to put a political cartoon up on the 12 bulletin board, all of those things, assuming 13 that he hasn't gotten approval beforehand would 14 be illegal, technically illegal, under this 15 provision. 16 So, Senator, I appreciate your 17 concern; you're doing the right thing for your 18 constituents. I think you may be doing the 19 right thing for a whole host of people in this 20 state by trying to curb the unnecessary 21 proliferation of this kind of massive stick it 22 on the bulletin board, slap it up on the wall, 23 put glue on the back of it, stick it every 6178 1 where, deface, litter, all of those things are 2 commendable reasons to justify this, but I'm 3 going to vote against it because I think it's 4 overly broad and may infringe and may create a 5 problem for those who are engaged in the type of 6 political communication that's at the heart of 7 this republic. 8 I'm always reminded about the 9 pamphleteer who stood out on the street corner 10 back in 1750 and said, Time for us to declare 11 that we're going to break with England and we're 12 going to stand on our own two feet. They put 13 billboards up, they put them up on the corners 14 of walls; they put them up on British forts; 15 they put them up on corners and street corners 16 and defaced buildings throughout the United 17 States. It's one of the ways they were able to 18 communicate and spread the word that we should 19 be an independent country, so I guess it's in 20 that tradition that I would be voting in the 21 negative, although I, frankly, understand the 22 basis for promoting it. 23 ACTING PRESIDENT KUHL: Senator 6179 1 Montgomery. 2 SENATOR MONTGOMERY: Mr. 3 President, I would like to know if the sponsor 4 would yield to just one question for 5 clarification. 6 ACTING PRESIDENT KUHL: Senator 7 LaValle, do you yield? Senator yields. 8 SENATOR MONTGOMERY: Senator 9 LaValle, in the vein of what Senator Dollinger 10 asked, I frequently -- as a matter of fact, I 11 always when I'm campaigning stick flyers under 12 the doors of my neighbors in my building, and 13 would this -- would that be illegal under this 14 -- under this bill? 15 SENATOR LAVALLE: Well, I think 16 what Senator Dollinger has said is that 17 forgetting the amendment that we're making, that 18 many of these activities that we -- we do 19 because there is tradition and custom may, under 20 the existing law, already be illegal, and so 21 because it says here -- and I'll read again, A 22 person is guilty of unlawfully posting 23 advertisements when having no right to do 6180 1 so.... 2 Well, if you're on someone's 3 private property and they may have a prohibition 4 against that, then you are in violation if 5 you're sticking flyers in an apartment building 6 which is private property already, forgetting 7 what we're trying to do by making the simple 8 changes and again, Senator Dollinger, I think, 9 hit it on the -- on the head. It's more 10 substance than form here because we're talking 11 about whether any additional changes would have 12 a chilling effect on First Amendment rights, and 13 again his commentary is whether the existing law 14 -- the existing law is already broad. 15 We think we've gone -- we've 16 tried to be very sensitive because we know what 17 we're dealing with here in First Amendment 18 rights. We've tried to carve out the -- you 19 know, another exception here to deal with a 20 proliferation of litter and unwanted information 21 on a campus which is a public place, rather than 22 a private ground. 23 SENATOR MONTGOMERY: Mr. 6181 1 President, just for the record, even though I 2 live in the building, Senator LaValle, it's 3 considered an illegal act even under existing 4 law, is that what you're -- it could possibly be 5 interpreted as an illegal act for me to 6 distribute (unintelligible) literature to my 7 neighbors. 8 SENATOR LAVALLE: It's 9 questionable because one would say, what is your 10 domi... I mean what is your residence? Is it 11 the entire building? And you know, so you could 12 get into -- you could get into some legal 13 question. That's why I found in law school 14 constitutional cases were always very exciting 15 because they brought about sides of the law or 16 the Constitution that you really may not have 17 thought about before, so that's what makes 18 constitutional cases so exciting. 19 In really responding to your 20 question, I think it's a coin toss in how you 21 define what your residence and what your scope 22 of authority is within your residence. 23 SENATOR MONTGOMERY: O.K. 6182 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 1st day of 5 November. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll. ) 9 ACTING PRESIDENT KUHL: Announce 10 the results when tabulated. 11 THE SECRETARY: Ayes 48, nays 2, 12 Senators Dollinger and Montgomery recorded in 13 the negative. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1103, by Senator Volker, Senate Print 6529, an 18 act to amend the Civil Practice Law and Rules, 19 in relation to personal service. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 1st day of 6183 1 January. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 50. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1116, by Senator Leibell, Senate Print 7492, an 10 act to amend the Administrative Code of the city 11 of New York and the Emergency Tenant Protection 12 Act of 1974. 13 SAENATOR PATERSON: Explanation. 14 ACTING PRESIDENT KUHL: Senator 15 Leibell, an explanation of Calendar Number 1116 16 has been asked for by the acting Minority 17 Leader, Senator Paterson. 18 SENATOR LEIBELL: Yes, Mr. 19 President. 20 This is an act to amend the 21 Administrative Code of the city of New York and 22 the Emergency Tenant Protection Act of 1974, in 23 relation to the calculation of awards of rent 6184 1 overcharges. 2 Our goal is to statutorily codify 3 the original intent of this law and to establish 4 a statute of limitations on challenges to rents 5 and increases prior to a four-year period 6 preceding the filing of an overcharge complaint 7 by a tenant. 8 ACTING PRESIDENT KUHL: Senator 9 Paterson. 10 SENATOR PATERSON: Mr. President 11 if Senator Leibell, would yield to a question. 12 ACTING PRESIDENT KUHL: Senator 13 Leibell, do you yield? 14 SENATOR LEIBELL: Yes, sir. 15 ACTING PRESIDENT KUHL: Senator 16 yields. 17 SENATOR PATERSON: Senator, the 18 original intent of the law that we passed in 19 1974 is what actually concerns me. I'm afraid 20 that, if we pass this bill, we're going to lock 21 in a lot of illegal rents that actually exist. 22 Now, I can understand the statute 23 of limitations for recovery, but what would 6185 1 apply in many cases that would be eliminated in 2 this bill would be actually a bar to evidentiary 3 information which would provide information for 4 what the rent overcharge actually was and I'm 5 afraid that if we pass this bill it truncates 6 it. So my question is do you think that that 7 really is the intent of the original legislation 8 of 1984 or the Omnibus Housing Act that we 9 passed in 1983 or would not it be better public 10 policy to allow for the introduction of evidence 11 even if it's beyond four years that would 12 establish that some landlord or owner was 13 overcharging the tenant? 14 SENATOR LEIBELL: The reason for 15 this bill is because there's been a discrepancy 16 in two different appellate courts concerning 17 what was the intent of the Legislature. At the 18 best, you're going to be able to go back and 19 seek a return for overcharges of four years. 20 What this legislation attempts to do, this bill, 21 is to make certain that it would not be 22 necessary to keep records beyond that point. It 23 isn't -- and it wouldn't be necessary to anyway 6186 1 because you couldn't recover for more those four 2 years. 3 ACTING PRESIDENT KUHL: Senator 4 Paterson. 5 SENATOR PATERSON: If the Senator 6 would continue to yield. 7 ACTING PRESIDENT KUHL: Do you 8 continue to yield, Senator Leibell? 9 SENATOR LEIBELL: Yes. 10 ACTING PRESIDENT KUHL: Senator 11 continues to yield. 12 SENATOR PATERSON: Thank you very 13 much for the clarification, Senator, and that is 14 important. We're not trying to extend the 15 statute of limitations for recovery, but the 16 records could be extremely helpful to the 17 recovering party, to the plaintiff, to the 18 tenant, because it would establish that there 19 was an overcharge and that it goes back beyond 20 four years. If the overcharge existed for the 21 entire four years, there's no way to prove that 22 there was ever a time perhaps that the over 23 charge was originally installed, and although 6187 1 there is some disagreement between the First and 2 Second Departments in terms of the 3 interpretation of the existing legislation, and 4 I understand that it is well held law, that what 5 your legislation is trying to accomplish could 6 be because it was -- it was sustained in one of 7 our higher courts, but what I'm saying to you is 8 that what I am saying which is that we need the 9 evidence from previous -- that we need the in 10 formation from going back beyond four years has 11 also been sustained in a court, and so since the 12 courts disagree and you and I are trying to work 13 together to make new law, I'm just asking what 14 the better public policy would be, and I'm 15 suggesting that the better public policy would 16 be that which sheds the greatest information 17 that would bring about the most just result and 18 that would, in my opinion, be that, if there's 19 information or evidence that goes back beyond 20 four years that would give the tenant an 21 opportunity to recover not because we don't like 22 the landlord but because the landlord is 23 overcharging in this case, that I thought that 6188 1 that would be the better public policy and that 2 that probably reflected the intent of the 3 original legislation. 4 SENATOR LEIBELL: Senator, if you 5 can only recover for a four-year period looking 6 backward, the information and the evidence which 7 you allude to would be meaningless and would be 8 only an exercise in keeping records. Whether or 9 not they would show anything, it would not have 10 -- would have absolutely no bearing on the 11 ability of a tenant to recover for the period of 12 time in those four years. 13 So it would really be a question 14 of keeping records for no purpose which we have 15 frequently required, I think in government in 16 the past in various areas, but I would not wish 17 to see extended here. There's no benefit to the 18 tenant to keep those records. They will not 19 increase their recovery if, in fact, they do 20 accomplish one and achieve one, and they're 21 certainly no benefit to the landlord. 22 ACTING PRESIDENT KUHL: Senator 23 Paterson. 6189 1 SENATOR LEIBELL: Mr. President, 2 I want to thank Senator Leibell. 3 Mr. President, on the bill. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson, on the bill. 6 SENATOR PATERSON: I think there 7 is a benefit, and that's the reason that I have 8 raised the questions. We are not in any way 9 limiting the landlord's rights under the statute 10 here. What we are doing is we are allowing for 11 the existence of records that, if they really 12 had no benefit and they really had no value and 13 they really couldn't in some way assist the 14 tenant, I'd suggest there would be no reason to 15 pass a bill; but the records are not just 16 ministerial. The records are reflective of 17 conduct and, although we are not trying to 18 extend the statute of limitations for which the 19 tenant can recover, we are trying to, in many 20 ways, document what conduct or what information 21 may provide a court with what would be the 22 documentation that would allow for a decision 23 that could be in favor of the tenant, and that 6190 1 information would be that the overcharge went 2 back beyond four years and that the actual time 3 of the overcharge existed from before the period 4 in which the statute would allow the tenant to 5 recover. 6 If we pass this legislation, and 7 we in a sense eliminate the opportunity to look 8 at these records, what we are inevitably 9 accomplishing is to force the tenant to be in a 10 sense going to court and negotiating in the dark 11 because the information that might lead the 12 court to realize that there is an overcharge 13 existed prior to four years ago. 14 Now, the recovery shouldn't go 15 back beyond four years, but certainly the 16 investigation should because it in no way can 17 hurt the landlord because the landlord can only 18 be -- can only be charged for four years of rent 19 overcharge. The landlord could be hurt if the 20 information demonstrates that the landlord was 21 overcharging in the first place and, if that's 22 the case and the landlord broke the law, we have 23 protected the landlord under statute for how far 6191 1 the landlord can be penalized, but there's no 2 reason to protect the landlord from discovery of 3 the actual overcharge in the first place. 4 ACTING PRESIDENT KUHL: Is there 5 any other Senator wishing to speak on the bill? 6 Hearing none, the Secretary will read the last 7 section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 ACTING PRESIDENT KUHL: Announce 14 the results when tabulated. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1116 are 17 Senators Abate, Connor, Gold, Kruger, Lachman, 18 Leichter, Markowitz, Montgomery, Oppenheimer, 19 Padavan and Paterson. Also Senators Onorato, 20 Goodman and Velella. Ayes 37, nays 14. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 SENATOR LEICHTER: Mr. 6192 1 President. 2 ACTING PRESIDENT KUHL: Senator 3 Leichter, why do you rise? 4 SENATOR LEICHTER: May I have 5 unanimous consent to be recorded in the negative 6 on Calendar 938, please. 7 ACTING PRESIDENT KUHL: Without 8 objection, hearing no objection, Senator 9 Leichter will be recorded in the negative on 10 Calendar Number 938. 11 Senator Nanula, why do you rise? 12 SENATOR NANULA: Mr. President, I 13 too would like to express unanimous consent to 14 be recorded in the negative on Calendar 938. 15 ACTING PRESIDENT KUHL: Without 16 objection, hearing no objection, Senator Nanula 17 will be recorded in the negative on Calendar 18 Number 938. 19 Senator Wright, why do you rise? 20 SENATOR WRIGHT: Mr. President, I 21 request unanimous consent to be recorded in the 22 negative on Calendar Number 1135. 23 ACTING PRESIDENT KUHL: Without 6193 1 objection, hearing no objection, Senator Wright 2 will be recorded in the negative on Calendar 3 Number 1135. 4 Senator Goodman, why do you rise? 5 SENATOR GOODMAN: Mr. President, 6 if I had been present yesterday afternoon when 7 Calendar Number 681 was called, I would have 8 voted in the negative, and may the record so 9 reflect that, please. 10 ACTING PRESIDENT KUHL: Senator 11 Goodman, the record will reflect that had you 12 been present in the chamber yesterday when the 13 roll call on Calendar Number 681 was taken, that 14 you would have voted in the negative. 15 Senator Padavan. 16 SENATOR PADAVAN: Yes, Mr. 17 President. May I have unanimous consent to be 18 recorded in the negative on Calendar 1135? 19 ACTING PRESIDENT KUHL: Without 20 objection, hearing no objection, Senator Padavan 21 will be recorded in the negative on Calendar 22 Number 1135. 23 Senator Sears. 6194 1 SENATOR SEARS: May I also be 2 recorded in the negative on Calendar Number 3 1135? 4 ACTING PRESIDENT KUHL: Without 5 objection, hearing no objection, Senator Sears 6 will be recorded in the negative on Calendar 7 Number 1135. 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: Mr. 10 President, I simply rise to welcome a couple of 11 elementary schools, Danforth and Elmwood, to the 12 Senate chambers, and they're going to watch how 13 government works; and the only other thing I'm 14 rising for is those of you in these chambers 15 that enjoy jazz, this week end is the largest 16 northeast jazz festival that we have that's free 17 to everyone in the city of Syracuse. All week 18 end, everything's free, some of the greatest 19 entertainers that you'd ever want to see. It's 20 as good as Marty Markowitz' performances in his 21 district, maybe a little bit better. So I 22 welcome all of you to my district for this free 23 jazz festival. 6195 1 ACTING PRESIDENT KUHL: Senator 2 Tully, why do you rise? 3 SENATOR TULLY: Mr. President, 4 may I have unanimous consent to be recorded in 5 the negative on Calendar 1135, please? 6 ACTING PRESIDENT KUHL: Without 7 objection, hearing no objection, Senator Tully 8 will be recorded in the negative on Calendar 9 Number 1135. 10 Secretary will continue to call 11 the controversial calendar. 12 THE SECRETARY: Calendar 1171, by 13 Senator Libous, Senate Print 6990-A, an act to 14 amend the Social Services Law, in relation to 15 authorizing business corporations. 16 SENATOR PATERSON: Explanation. 17 ACTING PRESIDENT KUHL: Senator 18 Libous, an explanation of Calendar Number 1171 19 has been requested by the acting Minority 20 Leader, Senator Paterson. 21 SENATOR LIBOUS: Thank you, Mr. 22 President. 23 What this bill basically does 6196 1 would authorize business corporations other than 2 corporations whose shares are traded on a 3 national securities exchange to operate adult 4 care facilities. 5 SENATOR DOLLINGER: Mr. 6 President. 7 ACTING PRESIDENT KUHL: Senator 8 Dollinger. 9 SENATOR DOLLINGER: If you would 10 just yield to one question. I -- I've been 11 concerned about the issues relating to private 12 ownership. Can you just tell me what's the 13 genesis of this bill, why this bill is important 14 at this time? 15 SENATOR LIBOUS: Right now, Mr. 16 President, New York State not-for-profits are 17 able to operate adult care facilities. A couple 18 years ago, I believe under Senator Holland's 19 guidance along with a few other Senators in this 20 chamber, there was some clean-up with adult care 21 facilities. 22 There had been some reports that 23 had been issued; there have been some real 6197 1 problems. What this does is level the playing 2 field and allows for-profit operations to now 3 also be able to offer adult home care. 4 SENATOR DOLLINGER: O.K. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 6. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT KUHL: Announce 13 the results when tabulated. 14 THE SECRETARY: Ayes 52, nays 15 one, Senator Montgomery recorded in the 16 negative. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 Senator Holland, we have a couple 20 of motions if you'd like to take those at this 21 time. 22 SENATOR HOLLAND: First, if you 23 would recognize Senator Spano. 6198 1 ACTING PRESIDENT KUHL: Return to 2 motions and resolutions. The Chair recognizes 3 Senator Rath. 4 SENATOR RATH: Yes, Mr. 5 President. On page 62, I offer the following 6 amendments to Calendar 994, Senate Print 7367. 7 It is my bill, and and I ask that it retain its 8 place on Third Reading Calendar. 9 ACTING PRESIDENT KUHL: 10 Amendments to Calendar Number 994 are received 11 and adopted. 12 SENATOR RATH: Thank you, Mr. 13 Chairman. 14 ACTING PRESIDENT KUHL: 944, 15 excuse me. 16 SENATOR RATH: And on page 36, I 17 offer the following amendments on behalf of 18 Senator Maltese to Calendar 1198, Senate Print 19 3086-B, and ask that said bill retain its place 20 on Third Reading Calendar. 21 ACTING PRESIDENT KUHL: 22 Amendments received and adopted. Bill will 23 retain its place on the Third Reading Calendar. 6199 1 Senator Rath. 2 SENATOR RATH: Additionally, Mr. 3 President, one more time, I offer the following 4 amendments to Calendar Number 1102, Senate Print 5 6332-A, on behalf of Senator Maziarz, and ask 6 that said bill retain its place on the Third 7 Reading Calendar. 8 ACTING PRESIDENT KUHL: 9 Amendments to Calendar 1102 are received and 10 adopted. Bill will retain its place on the Third 11 Reading Calendar. 12 Senator Spano. 13 SENATOR SPANO: Mr. President, I 14 ask unanimous consent to be recorded in the 15 negative on 11... Calendar 1116. 16 ACTING PRESIDENT KUHL: Without 17 objection, hearing no objection, Senator Spano 18 will be recorded in the negative on Calendar 19 1116. 20 Senator Onorato, why do you rise? 21 SENATOR ONORATO: Mr. President, 22 I request unanimous consent to be recorded in 23 the negative on Calendar Number 1135. 6200 1 ACTING PRESIDENT KUHL: Without 2 objection, hearing no objection, Senator Onorato 3 will be recorded in the negative on Calendar 4 Number 1135. 5 Senator Saland, why do you rise? 6 SENATOR SALAND: For purposes of 7 housekeeping, Mr. President. Would it be 8 appropriate? 9 ACTING PRESIDENT KUHL: 10 Absolutely. 11 SENATOR SALAND: I'd like to 12 remove a sponsor's star from Calendar 274, 13 Senate 3502-C, and would also like to place 14 sponsor's stars on Calendar 479, which is 15 Assembly 510-B, and Calendar 962, which is 7 - 16 Senate 7061. 17 ACTING PRESIDENT KUHL: Calendar 18 479 and 962 will be starred at the request of 19 the sponsor. The sponsor's star on Calendar 274 20 will be removed at the request of the sponsor. 21 Senator Marcellino, why do you 22 rise? 23 SENATOR MARCELLINO: Mr. 6201 1 President, if I may ask to be recorded in the 2 negative on Calendar Number 1135. 3 ACTING PRESIDENT KUHL: Without 4 objection, hearing no objection, Senator 5 Marcellino will be recorded in the negative on 6 Calendar Number 1135. 7 Senator Holland, we had one last 8 bill on the controversial calendar by Senator 9 Goodman. Would you like to take that up at this 10 time? 11 SENATOR HOLLAND: Yes, Mr. 12 President. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the title. 15 THE SECRETARY: Calendar 1086, by 16 Senator Goodman, Senate Print 7458, an act to 17 amend the Tax Law, in relation to disclosure of 18 tax returns. 19 SENATOR LEICHTER: Explanation. 20 ACTING PRESIDENT KUHL: Senator 21 Goodman, an explanation of Calendar Number 1086 22 has been requested by Senator Leichter. 23 SENATOR GOODMAN: Mr. President, 6202 1 this is a Tax Department departmental bill, the 2 purpose of which is to promote ethics in state 3 government by permitting the disclosure of tax 4 returns and reports and particulars set forth in 5 those returns and reports in circumstances where 6 such disclosure would be necessary in 7 administrative actions or judicial proceedings 8 affecting the personnel rights of employees of 9 the Department of Taxation and Finance and 10 certain employees of the Department of Audit and 11 Control, and also where it is necessary to 12 subject such employees to criminal prosecution 13 for offenses which threaten the integrity of the 14 tax administration. 15 SENATOR LEICHTER: Mr. President. 16 ACTING PRESIDENT KUHL: Senator 17 Leichter. 18 SENATOR LEICHTER: Mr. President, 19 Senator Goodman, this sounds like a meritorious 20 bill. I'm going to give you the opportunity to 21 make it a great bill and to strike a real blow 22 for open government and on behalf of the 23 taxpayers of the state of New York by moving an 6203 1 amendment which I've served on you and on the 2 Majority and which is at the desk, and I ask 3 that that amendment be called forth now. 4 ACTING PRESIDENT KUHL: Your 5 amendment is at the desk, Senator Leichter. The 6 reading of it is waived, and you are now 7 afforded the opportunity to explain your 8 amendment. 9 SENATOR LEICHTER: Good. Very 10 simply, what my amendment does is to make 11 corporate tax returns public and initially that 12 may put some people back in saying, Well, my 13 God, don't we have confidentiality on tax 14 returns, something that is so private, so 15 confidential. Yes, for you, for me, for 16 individuals, but it should not be for 17 corporations and indeed for many years the law 18 of the state of New York was that corporate tax 19 returns were made public. 20 Certainly a corporation doesn't 21 partake of that sense of privacy that we afford 22 to individuals. Now, why do you want to make 23 corporate tax returns public? For very good 6204 1 reason. For very good reason. Because we do 2 not know at this time the amount that corpora 3 tions pay. We know the total but we don't know 4 the amount that individual corporations pay nor 5 do we really know the effects of tax abatements 6 and subsidies and other tax breaks that we give 7 under our law. 8 It is my belief that General 9 Electric, one of the state's largest corpora 10 tions, a most profitable corporation -- I think 11 it's total profits last year were four billion. 12 I think it pays its president a salary that 13 approaches a hundred million dollars a year. I 14 don't believe that they pay any New York State 15 corporate franchise tax because they take 16 advantage of benefits that we've given; they 17 take advantage of other loopholes in the law. 18 We have no way of judging the 19 effectiveness or the consequences of these tax 20 breaks unless these corporate returns are made 21 public, and I tell you, you on the other side 22 who like to speak about the rights of taxpayers 23 and helping lift the burden of taxation from the 6205 1 people of this state, one of the ways you could 2 do it is to disclose corporate tax returns which 3 will then guide the Legislature and the Governor 4 in fashioning fair and responsible and workable 5 tax policies for corporations. 6 There is no sanction at this time 7 that should be accorded the corporate tax 8 return. I'm just asking you to think about it. 9 Why should we not know the taxes that 10 corporations pay? If you want to eliminate Sub 11 Chapter S corporations, I have no problem with 12 that and they should probably not be included, 13 but certainly larger corporations that, by their 14 very nature, are publicly owned, I think that 15 the public has a right to know what taxes these 16 corporations pay or do not pay. 17 So, Senator Goodman, your bill 18 which deals with a very limited area where we 19 breach the confidentiality of tax returns for 20 purposes of investigation to allow people to 21 defend themselves would really become a most 22 tremendous bill, would be a major effort on our 23 part to open up government and to enable us to 6206 1 fashion a workable tax policy. 2 Mr. President, I move the 3 amendment. 4 ACTING PRESIDENT KUHL: Question 5 is on the amendment. All those for the 6 amendment, signify by saying aye. 7 (Response of "Aye.") 8 Opposed, signify by saying nay. 9 (Response of "Nay.") 10 In a close vote, the amendment is 11 lost. 12 On the bill. Senator Paterson. 13 SENATOR PATERSON: Mr. President, 14 if Senator Goodman would yield for a question. 15 ACTING PRESIDENT KUHL: Senator 16 Goodman, will you yield to Senator Paterson? 17 Senator yields. 18 SENATOR PATERSON: Senator 19 Goodman, if, other than in situations involving 20 fraud where the employee of the tax commission 21 is obviously -- that the information is vital to 22 the pursuance of an indictment, what I want to 23 know is, are there any other types of 6207 1 proceedings that the employee -- where the tax 2 records would be open? 3 SENATOR GOODMAN: I'm sorry. I 4 had difficulty hearing the question, Senator. 5 Would you say it? There are other -- perhaps you 6 could just repeat it briefly. 7 Mr. President, may we have some 8 order in the chamber so I can hear the Senator, 9 please? I guess it's a little quieter now. 10 Go ahead, Senator. 11 SENATOR PATERSON: To repeat the 12 question to Senator Goodman, what other 13 situations would be -- would the dissemination 14 of the information be necessary other than say a 15 fraud proceeding where there's an intent to 16 establish criminality on the part of the 17 employee? 18 SENATOR GOODMAN: Well, the 19 essence of it is I don't think there would be 20 many because the objective of the bill is to 21 subject such employees to criminal prosecution 22 where they're being subjected to criminal 23 prosecution for offenses which threaten the 6208 1 integrity of the tax administration or severely 2 interfere with the integrity of the tax 3 administration, in short where the Department 4 determines that one of its employees is involved 5 in hanky-pank of any kind which would have a 6 criminal implication, they would then have the 7 right to examine the tax returns to determine 8 whether they have contain information that would 9 be of relevance. 10 SENATOR PATERSON: Thank you, 11 Senator Goodman. 12 Mr. President, on the bill. 13 ACTING PRESIDENT KUHL: Senator 14 Paterson, on the bill. 15 SENATOR PATERSON: Perhaps if 16 Senator Goodman is interested, he may just want 17 to give us his reflections based on my 18 observation. We just want to make sure that the 19 tax policy over the years which has established 20 the secrecy and the confidentiality of records 21 that the individual taxpayer would maintain 22 would not be violated for anything other than 23 what would be a criminal investigation against 6209 1 the employee or a criminal investigation against 2 the specific taxpayer. 3 If there were proceedings against 4 an employee, I would hate for the circumstance 5 to become so speculative that perhaps all the 6 tax records would be open that the employee 7 worked on, to see whether or not the employee 8 was at fault or was engaging in any kind of 9 fraud. 10 So when there is a threshold and 11 there is a need to examine these records and to 12 make them available to a prosecutor or to a 13 court, I certainly can understand what Senator 14 Goodman is trying to achieve in this bill, and 15 it's really quite meritorious. 16 My concern arises around the 17 possibility that the records could be used as 18 part of a wide investigation or in a sense a 19 kind of hunting expeditious where there's the 20 perception that fraud may exist but it's hard to 21 exactly demonstrate where it is and at that 22 point the records would be open and a number of 23 people who would be paying their taxes and are 6210 1 citizens of high standing have their 2 confidentiality broken and their tax records 3 examined. 4 If it is restricted to the 5 specific situations where an amount of evidence 6 meets the threshold test that there must be this 7 kind of investigation and that this is vital to 8 the conviction of individuals who broke the law, 9 if it stays in that realm, then I think that the 10 bill is quite fine. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 ACTING PRESIDENT KUHL: The chair 19 recognizes Senator Dollinger to explain his 20 vote. 21 SENATOR DOLLINGER: Mr. 22 President, I agree with Senator Goodman that the 23 integrity of this Department is important. I'm 6211 1 going to vote in favor of this bill. I would, 2 however, suggest that there's one small thing 3 that could be done which would improve the 4 integrity of this Department, and that would be 5 to repeal the current rules and regulations that 6 allow the Commissioner to approve his own 7 vouchers. 8 Recent published reports that 9 were published this week end in my paper suggest 10 that this Commissioner signed vouchers for 11 himself so that he could go to political fund 12 raisers for people in this chamber and in the 13 other house, that he was submitting vouchers to 14 have his suits pressed, and it seems to me that 15 the integrity of this Department starts right at 16 the top, and I would suggest that a little rule 17 change, a little accounting change, probably 18 good practice that says when you submit a 19 voucher you have someone else sign off on it to 20 make sure it's consistent with the Department 21 and the best interest of the taxpayers in the 22 state of New York. 23 Little tiny change like that 6212 1 could go a long way to finishing off the high 2 respect and integrity that this Department 3 needs, it currently enjoys, and it should 4 continue to maintain. 5 So this is a good step in that 6 direction; I wish the Commissioner would do one 7 other piece as well. 8 ACTING PRESIDENT KUHL: How do 9 you vote, Senator Dollinger? 10 SENATOR DOLLINGER: Aye. 11 ACTING PRESIDENT KUHL: Senator 12 Dollinger votes in the affirmative. 13 The Secretary will announce the 14 results. Would the negatives on this bill raise 15 their hands one more time? 16 THE SECRETARY: Ayes 54, nays 1, 17 Senator Waldon recorded in the negative. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 Senator Holland. 21 SENATOR HOLLAND: Mr. President, 22 can we return to the reports of standing 23 committees? I believe there's a report from the 6213 1 Rules Committee. 2 ACTING PRESIDENT KUHL: There is 3 one at the desk. I'll ask the Secretary to read 4 after I recognize Senator Santiago. 5 SENATOR SANTIAGO: Thank you, Mr. 6 President. I would like to be recorded in the 7 negative on Calendar 1116, please. Thank you. 8 ACTING PRESIDENT KUHL: Without 9 objection, hearing no objection, Senator 10 Santiago will be recorded in the negative on 11 Calendar Number 1116. 12 Senator Mendez, why do you rise? 13 SENATOR MENDEZ: Thank you. I 14 ask unanimous consent to be recorded in the 15 negative on Calendar Number 938 and 1116. 16 ACTING PRESIDENT KUHL: Without 17 objection, hearing no objection, Senator Mendez 18 will be recorded in the negative on Calendar 19 Number 938 and 1116. 20 SENATOR WALDON: Mr. President. 21 SENATOR MENDEZ: Thank you. 22 ACTING PRESIDENT KUHL: Senator 23 Waldon, why do you rise? 6214 1 SENATOR WALDON: Thank you very 2 much, Mr. President. I rise because I also ask 3 unanimous consent to be recorded in the negative 4 on 938 and 1116. 5 ACTING PRESIDENT KUHL: Without 6 objection, hearing no objection, Senator Waldon 7 will be recorded in the negative on Calendar 938 8 and 1116. 9 Senator LaValle, why do you 10 rise? 11 SENATOR LAVALLE: Mr. President, 12 may I have unanimous consent to be recorded in 13 the negative on Calendar Number 1135. 14 ACTING PRESIDENT KUHL: Without 15 objection, hearing no objection, Senator LaValle 16 will be recorded in the negative on Calendar 17 1135. 18 Senator Smith, why do you rise? 19 SENATOR SMITH: Thank you, Mr. 20 President. I would like unanimous consent to be 21 recorded in the negative on Calendar Number 938 22 and 1116. 23 ACTING PRESIDENT KUHL: 1116? 6215 1 SENATOR SMITH: Yes. 2 ACTING PRESIDENT KUHL: O.K. 3 Without objection, hearing no objection, Senator 4 Smith will be recorded in the negative on 5 Calendar Number 938 and 1116. 6 Senator Saland. 7 SENATOR SALAND: Mr. President, I 8 too would request unanimous consent for purposes 9 of being recorded in the negative on Calendar 10 1135. 11 ACTING PRESIDENT KUHL: Without 12 objection, hearing no objection, Senator Saland 13 will be recorded in the negative on Calendar 14 Number 1135. 15 Senator Holland. 16 SENATOR HOLLAND: Rules Committee 17 report, please, sir. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the Rules Committee report. 20 THE SECRETARY: Senator Bruno, 21 from the Committee on Rules, reports the 22 following bills: 23 Senate Print 7608, by Senator 6216 1 Cook, an act to amend the Education Law and the 2 Local Finance Law; 3 612, by Senator Stafford, an act 4 to amend the Environmental Conservation Law; 5 935-A, by Senator Larkin, an act 6 to amend the Navigation Law; 7 1633, by Senator Hoblock, an act 8 authorizing the city of Albany to enact a 9 locally established parking violations amnesty; 10 1999, by Senator Nozzolio, an act 11 to amend the General City Law; 12 4254-A, by Senator Larkin, an act 13 to authorize the town of Cornwall; 14 5143-A, by Senator Markowitz, an 15 act authorizing the city of New York to reconvey 16 its interest; 17 5958, by Senator Holland, an act 18 in relation to discontinuing the Spring Valley 19 toll plaza; 20 6009-B, by Senator Bruno, an act 21 to amend the Environmental Conservation Law;. 22 6503-A, by Senator Larkin, an act 23 to authorize the town of Blooming Grove, Orange 6217 1 County; 2 6762-A, by Senator Saland, an act 3 in relation to legalizing and validating the 4 adoption of a bond resolution; 5 6959-A, by Senator Velella, an 6 act authorizing the Commissioner of General 7 Services; 8 And 7577, by Senator Levy, an act 9 to amend the Real Property Tax Law. 10 All bills ordered directly for 11 third reading. 12 ACTING PRESIDENT KUHL: Senator 13 Holland. 14 SENATOR GOLD: Mr. President. 15 SENATOR HOLLAND: Mr. President, 16 I move we adopt the report of the Rules 17 Committee. 18 ACTING PRESIDENT KUHL: Motion is 19 to adopt the report of the Rules Committee. All 20 those in favor, signify by saying aye. 21 (Response of "Aye.") 22 Opposed nay. 23 (There was no response. ) 6218 1 The report is accepted. All 2 bills reported directly to third reading. 3 Senator DiCarlo. 4 SENATOR DiCARLO: Mr. President, 5 I ask unanimous consent to be recorded in the 6 negative on Calendar 1135. 7 ACTING PRESIDENT KUHL: Without 8 objection, hearing no objection, Senator DiCarlo 9 will be recorded in the negative on Calendar 10 1135. 11 Senator Gold. 12 SENATOR GOLD: Mr. President, I 13 ask unanimous consent to be voted in the 14 negative on Calendar Number 938. 15 ACTING PRESIDENT KUHL: Without 16 objection, hearing no objection, Senator Gold 17 will be recorded in the negative on Calendar 18 Number 938. 19 Senator Marcellino. 20 SENATOR MARCELLINO: Mr. 21 President, for one of the bills that was just 22 read out of the rules Committee, so there's no 23 page number, I offer the following amendments to 6219 1 Calendar Number 1289, Senate Print Number 7577, 2 and ask that the bill retain its place on the 3 Third Reading Calendar. 4 ACTING PRESIDENT KUHL: 5 Amendments are received and adopted. The bill 6 will retain its place on the Third Reading 7 Calendar. 8 Senator Marcellino. 9 SENATOR MARCELLINO: Mr. 10 President, on behalf of Senator Nozzolio, I wish 11 to call up Print Number 5965-B, recalled from 12 the Assembly which is now at the desk. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the title. 15 THE SECRETARY: Calendar Number 16 461, by Senator Nozzolio, Senate Print 5965-B, 17 an act to amend the Correction Law. 18 ACTING PRESIDENT KUHL: Senator 19 Marcellino. 20 SENATOR MARCELLINO: Mr. 21 President, I now move to reconsider the vote by 22 which this bill was passed. 23 ACTING PRESIDENT KUHL: Secretary 6220 1 will call the roll on reconsideration. ) 2 (The Secretary called the roll on 3 reconsideration. ) 4 THE SECRETARY: Ayes 57. 5 ACTING PRESIDENT KUHL: Senator 6 Marcellino. 7 SENATOR MARCELLINO: Mr. 8 President, please star the bill. 9 ACTING PRESIDENT KUHL: The bill 10 is starred. 11 SENATOR GOLD: Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 Oppenheimer. 14 SENATOR OPPENHEIMER: I'd like to 15 be recorded in the negative on 938 with 16 unanimous consent. 17 ACTING PRESIDENT KUHL: Without 18 objection, hearing no objection, Senator 19 Oppenheimer will be recorded in the negative on 20 Calendar Number 938. 21 SENATOR HOLLAND: Any other 22 housekeeping? 23 ACTING PRESIDENT KUHL: 6221 1 Everything's taken care of. 2 Senator Holland. 3 SENATOR HOLLAND: Yes, Mr. 4 President. Senator Bruno has requested a 5 Majority Conference, very brief Majority 6 Conference immediately following the close of 7 this session. 8 ACTING PRESIDENT KUHL: There 9 will be an immediate Majority Conference in the 10 Majority Conference Room, Room 332. Immediate 11 Majority Conference in the Majority Conference 12 Room, Room 332. 13 Senator Holland. 14 SENATOR HOLLAND: Mr. President, 15 there being no further business I move we 16 adjourn until Monday, June 3rd, at 3:00 p.m., 17 intervening days being legislative days. 18 ACTING PRESIDENT KUHL: Without 19 objection, the Senate stands adjourned until 20 Monday at 3:00 p.m. 21 (Whereupon at 12:18 p.m., the 22 Senate adjourned.) 23