Thursday, June 11, 1998

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 June 11, 1998 10 10:03 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEVEN M. BOGGESS, Secretary 19 20 21 22 23 24 25 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Ask the members to 4 find their places, the staff to find their 5 places. If everybody in the chamber would rise 6 and join me in saying the Pledge of Allegiance. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 May we bow our heads in a moment 10 of silence. 11 (A moment of silence was 12 observed.) 13 ACTING PRESIDENT KUHL: The 14 reading of the Journal. 15 THE SECRETARY: In Senate, 16 Wednesday, June 10th. The Senate met pursuant 17 to adjournment. The Journal of Tuesday, June 18 9th, was read and approved. On motion, the 19 Senate adjourned. 20 ACTING PRESIDENT KUHL: Hearing 21 no objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor. 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 The Chair recognizes Senator 7 Marcellino. 8 SENATOR MARCELLINO: Thank you, 9 Mr. President. 10 I wish to call up Senator 11 Velella's bill, number 5421, recalled from the 12 Assembly, which is now at the desk. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read. 15 THE SECRETARY: By Senator 16 Velella, Senate Print 5421, an act to amend the 17 Criminal Procedure 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: The 24 Secretary will call the roll on 25 reconsideration. 1 (The Secretary called the roll on 2 reconsideration.) 3 THE SECRETARY: Ayes 37. 4 SENATOR MARCELLINO: I now offer 5 the following amendments, Mr. President. 6 ACTING PRESIDENT KUHL: The 7 amendments are received. 8 Senator Marcellino. 9 SENATOR MARCELLINO: Mr. 10 President, on behalf of Senator Holland, I call 11 up his bill, Print Number 5989-A, recalled from 12 the Assembly, which is now at the desk. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read. 15 THE SECRETARY: By Senator 16 Holland, Senate Print 5989-A, an act to amend 17 the Social Services Law. 18 SENATOR MARCELLINO: Mr. 19 President, I move to reconsider the vote by 20 which this bill was passed. 21 ACTING PRESIDENT KUHL: The 22 Secretary will call the roll on reconsideration. 23 (The Secretary called the roll on 24 reconsideration.) 25 THE SECRETARY: Ayes 37. 1 SENATOR MARCELLINO: Mr. 2 President, I now offer the following amendments. 3 ACTING PRESIDENT KUHL: The 4 amendments are received and adopted. 5 Senator Marcellino. 6 SENATOR MARCELLINO: Mr. 7 President, on behalf of Senator Stafford, I wish 8 to call up his bill, Print Number 6772, recalled 9 from the Assembly, which is now at the desk. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Stafford, Senate Print 6772, an act to amend the 14 Public Authorities Law. 15 ACTING PRESIDENT KUHL: Senator 16 Marcellino. 17 SENATOR MARCELLINO: Mr. 18 President, I now move to reconsider the vote by 19 which this bill was passed. 20 ACTING PRESIDENT KUHL: Call the 21 roll on reconsideration. 22 (The Secretary called the roll on 23 reconsideration.) 24 THE SECRETARY: Ayes 37. 25 ACTING PRESIDENT KUHL: Senator 1 Marcellino. 2 SENATOR MARCELLINO: Mr. 3 President, I offer the following amendments. 4 ACTING PRESIDENT KUHL: The 5 amendments are received and adopted. 6 Senator Marcellino. 7 SENATOR MARCELLINO: Mr. 8 President, on behalf of Senator Saland, I wish 9 to call up his bill, Print Number 3442, recalled 10 from the Assembly, which is now at the desk. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Saland, Senate Print 3442, an act to amend the 15 Domestic Relations Law. 16 ACTING PRESIDENT KUHL: Senator 17 Marcellino. 18 SENATOR MARCELLINO: Mr. 19 President, I now move to reconsider the vote by 20 which this bill was passed. 21 ACTING PRESIDENT KUHL: Call the 22 roll on reconsideration. 23 (The Secretary called the roll on 24 reconsideration.) 25 THE SECRETARY: Ayes 37. 1 ACTING PRESIDENT KUHL: Senator 2 Marcellino. 3 SENATOR MARCELLINO: Mr. 4 President, I now offer the following amendments. 5 ACTING PRESIDENT KUHL: The 6 amendments are received and adopted. 7 Senator Marcellino. 8 SENATOR MARCELLINO: On behalf of 9 Senator Volker, Mr. President, I wish to call up 10 his bill, Print Number 6739-A, recalled from the 11 Assembly, which is now at the desk. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read. 14 THE SECRETARY: By Senator 15 Volker, Senate Print 6739-A, an act to amend the 16 Local Finance Law. 17 ACTING PRESIDENT KUHL: Senator 18 Marcellino. 19 SENATOR MARCELLINO: Mr. 20 President, I now move to reconsider the vote by 21 which this bill passed. 22 ACTING PRESIDENT KUHL: The 23 Secretary will call the roll on reconsideration. 24 (The Secretary called the roll on 25 reconsideration.) 1 THE SECRETARY: Ayes 37. 2 ACTING PRESIDENT KUHL: Senator 3 Marcellino. 4 SENATOR MARCELLINO: Mr. 5 President, I now offer the following amendments. 6 ACTING PRESIDENT KUHL: The 7 amendments are received and adopted. 8 Senator Marcellino. 9 SENATOR MARCELLINO: Thank you, 10 Mr. President. 11 Amendments are offered on the 12 following Third Reading Calendar bills: 13 On behalf of Senator Balboni, 14 page number 25, Calendar Number 833, Senate 15 Print Number 4248-A; 16 On behalf of Senator Maziarz, 17 page number 29, Calendar Number 919, Senate 18 Print Number 7367; 19 On behalf of Senator Balboni, 20 page number 31, Calendar Number 953, Senate 21 Print Number 7325; 22 On behalf of Senator Balboni, 23 page number 37, Calendar Number 1086, Senate 24 Print Number 6709; 25 On behalf of Senator Spano, on 1 page number 41, Calendar Number 1195, Senate 2 Print Number 7507; 3 On behalf of Senator Santiago, on 4 page number 44, Calendar Number 1279, Senate 5 Print Number 4290; 6 On behalf of Senator DeFrancisco, 7 page number 45, Calendar Number 1295, Senate 8 Print Number 7097; 9 On behalf of Senator Balboni, 10 page number 47, Calendar Number 1309, Senate 11 Print Number 7589 and, Mr. President, I now move 12 these bills retain their place on the Third 13 Reading Calendar. 14 ACTING PRESIDENT KUHL: The 15 amendments are received and adopted and all the 16 bills will retain their place on the Third 17 Reading Calendar. 18 SENATOR MARCELLINO: Thank you, 19 Mr. President. 20 ACTING PRESIDENT KUHL: Thank 21 you, Senator Marcellino. 22 Senator Skelos, we have a couple 23 of substitutions at the desk. 24 SENATOR SKELOS: Please make the 25 substitutions. 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the substitutions. 3 THE SECRETARY: On page 29, 4 Senator Skelos moves to discharge from the 5 Committee on Rules Assembly Print 9583-E and 6 substitute it for the identical Senate Bill 7 6427-E. 8 On page 43, Senator Farley moves 9 to discharge from the Committee on Rules 10 Assembly Bill 1974-B and substitute it for the 11 identical Senate Bill 1276-B. 12 ACTING PRESIDENT KUHL: The 13 substitutions are ordered. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, I 16 believe there's a privileged resolution at the 17 desk sponsored by Senator Seward. May we please 18 have the title read and move for its immediate 19 adoption. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the privileged resolution by 22 Senator Seward, the title to the privileged 23 resolution. 24 THE SECRETARY: By Senator 25 Seward, Legislative Resolution honoring the past 1 and present members of the Summit Fire 2 Department for 50 years of fire protection to 3 the citizens of Summit and its surrounding 4 communities on Saturday, June 13th, 1998. 5 ACTING PRESIDENT KUHL: The 6 question is on the resolution. All those in 7 favor signify by saying aye. 8 (Response of "Aye".) 9 Opposed, nay. 10 (There was no response.) 11 The resolution is adopted. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 there's a privileged resolution at the desk by 15 Senator Lack. May we please have the title read 16 and move for its immediate adoption. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the title to the privileged 19 resolution by Senator Lack. 20 THE SECRETARY: By Senator Lack, 21 Legislative Resolution honoring Peter J. Nolan 22 upon the occasion of his retirement after many 23 years of distinguished service to the village of 24 Northport, New York. 25 ACTING PRESIDENT KUHL: The 1 question is on the resolution. All those in 2 favor signify by saying aye. 3 (Response of "Aye".) 4 Opposed, nay. 5 (There was no response.) 6 The resolution is adopted. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 there's a privileged resolution at the desk by 10 Senator Connor. May we please have the title 11 read and move for its immediate adoption. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the title to the privileged 14 resolution by Senator Connor. 15 THE SECRETARY: By Senator 16 Connor, Legislative Resolution commending John 17 P. Musico, superintendent of Community School 18 District 14 for his distinguished service to 19 Community School District 14 and the community. 20 ACTING PRESIDENT KUHL: The 21 question is on the resolution. All those in 22 favor signify by saying aye. 23 (Response of "Aye".) 24 Opposed, nay. 25 (There was no response.) 1 The resolution is adopted. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 there's a privileged resolution at the desk by 5 Senator Goodman. May we please have the title 6 read and move for its immediate adoption. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the title to the privileged 9 resolution by Senator Goodman. 10 THE SECRETARY: By Senator 11 Goodman, Legislative Resolution honoring Madison 12 Avenue Book Shop upon the occasion of its 25th 13 anniversary. 14 ACTING PRESIDENT KUHL: The 15 question is on the resolution. All those in 16 favor signify by saying aye. 17 (Response of "Aye".) 18 Opposed, nay. 19 (There was no response.) 20 The resolution is adopted. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 there's another privileged resolution at the 24 desk by Senator Goodman. May we please have the 25 title read and move for its immediate adoption. 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the title to the privileged 3 resolution by Senator Goodman. 4 THE SECRETARY: By Senator 5 Goodman, Legislative Resolution honoring Dr. 6 Edward G. Kaufman upon the occasion of his 7 retirement after 50 years of distinguished 8 service with the New York University College of 9 Dentistry, the last 13 years as dean. 10 ACTING PRESIDENT KUHL: The 11 question is on the resolution. All those in 12 favor signify by saying aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (There was no response.) 16 The resolution is adopted. 17 Senator Skelos, that brings us to 18 the calendar. 19 SENATOR SKELOS: Please proceed 20 with the non-controversial calendar. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the non-controversial 23 calendar. 24 THE SECRETARY: Calendar Number 25 141, by Senator Alesi, Senate Print 948-A, an 1 act to amend the Penal Law. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first day of 6 November. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 37 -- ayes 11 36, nays 1, Senator Kuhl recorded in the 12 negative. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 479, by Senator Hannon, Senate Print 6263-A, an 17 act in relation to permitting the Church of New 18 Life. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll.) 1 ACTING PRESIDENT KUHL: Announce 2 the results. 3 THE SECRETARY: Ayes 35, nays 2, 4 Senators Cook and Dollinger recorded in the 5 negative. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 514, by Senator Spano, Senate Print 6571-B, an 10 act to amend the Labor Law, in relation to field 11 sanitation. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 120th day. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 37. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 638, by Senator Rath, Senate Print 6485-A, an 24 act to amend the Real Property Tax Law. 25 ACTING PRESIDENT KUHL: Read the 1 last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect on the first day of 4 January. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 37. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 751, by member of the Assembly Destito, Assembly 13 Print 9993, an act to amend the Judiciary Law. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the same date as 18 Chapter 242 of the Laws of 1997. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 37. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 1 847, by Senator Maziarz, Senate Print 7079, an 2 act to amend the Penal Law, in relation to 3 creating. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the first day of 8 November. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 37. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 855, by Senator Marcellino, Senate Print 5227-A, 17 an act to amend the Environmental Conservation 18 Law, in relation to hunting, trapping and 19 fishing. 20 ACTING PRESIDENT KUHL: Read the 21 last section. 22 THE SECRETARY: Section 9. This 23 act shall take effect on the first day of 24 January. 25 ACTING PRESIDENT KUHL: Call the 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 37. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 871, by Senator Farley, Senate Print 7352-B - 8 SENATOR SKELOS: Lay it aside for 9 the day. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside for the day. 12 THE SECRETARY: Calendar Number 13 952, by Senator Maziarz, Senate Print 7248-B, an 14 act in relation to authorizing the Finger Lakes 15 Regional Education Center. 16 ACTING PRESIDENT KUHL: Read the 17 last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on July 1st. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 37. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 960, by Senator Cook, Senate Print 6514-A, an 3 act to authorize payment of transportation aid. 4 ACTING PRESIDENT KUHL: There is 5 a local fiscal impact note at the desk. The 6 Secretary will read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 37. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 977, by Senator Marcellino, Senate Print 6289-A, 17 an act to amend the Penal Law, in relation to 18 authorizing. 19 ACTING PRESIDENT KUHL: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first day of 23 January. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 37. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 995, by Senator Saland, Senate Print 1137, an 7 act to amend the Family Court Act. 8 ACTING PRESIDENT KUHL: Read the 9 last section. 10 THE SECRETARY: Section 9. This 11 act shall take effect on the first day of 12 November. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 37. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 997, by Senator Saland, Senate Print 3424, an 21 act to amend the Family Court Act. 22 ACTING PRESIDENT KUHL: Read the 23 last section. 24 THE SECRETARY: Section 6. This 25 act shall take effect on the first day of 1 November. 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 1036, by Senator Nozzolio, Senate Print 7298-A, 10 an act to authorize the county of Monroe. 11 ACTING PRESIDENT KUHL: There is 12 a home rule message at the desk. Read the last 13 section. 14 THE SECRETARY: Section 3. 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 37. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1049, by Senator Marcellino, Senate Print 7404, 24 an act to amend the Environmental Conservation 25 Law, in relation to importation. 1 ACTING PRESIDENT KUHL: Read the 2 last section. 3 THE SECRETARY: Section 13. This 4 act shall take effect January 1st. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 37. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1069, by Senator Fuschillo, Senate Print 6930, 13 an act to amend the Real Property Tax Law. 14 ACTING PRESIDENT KUHL: Read the 15 last section. 16 THE SECRETARY: Section 3. 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 37. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1121, by Senator Kuhl, Senate Print 6828-B, an 1 act to amend the Agriculture and Markets Law. 2 ACTING PRESIDENT KUHL: Read the 3 last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect on the 60th day. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 37. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1151, by Senator Lack, Senate Print 6762, an act 14 to amend the General Obligations Law. 15 ACTING PRESIDENT KUHL: Read the 16 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 37. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 1 1188, by Senator Johnson, Senate Print 4556-B, 2 an act to amend the Tax Law, in relation to 3 medical savings. 4 SENATOR STACHOWSKI: Lay it 5 aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 1217, by Senator Alesi, Senate Print 6773, an 10 act to amend the Tax Law, in relation to 11 exemptions. 12 ACTING PRESIDENT KUHL: Read the 13 last section. 14 THE SECRETARY: Section 2. 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 37. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1267, by Senator Libous, Senate Print 7569, an 24 act to authorize the trustees. 25 SENATOR SKELOS: Lay it aside for 1 the day. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside for the day. 4 THE SECRETARY: Calendar Number 5 1272, by Senator Kuhl, Senate Print 210, an act 6 to amend the Education Law, in relation to 7 optional retirement. 8 ACTING PRESIDENT KUHL: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 37. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1274, substituted earlier today, by member of 20 the Assembly Luster, Assembly Print 1974-B, an 21 act to amend the Education Law. 22 ACTING PRESIDENT KUHL: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 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 1275, by Senator Rath, Senate Print 2393-A - 9 SENATOR SKELOS: Lay it aside for 10 the day. 11 THE SECRETARY: -- an act to 12 amend the Executive Law. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside for the day. 15 THE SECRETARY: Calendar Number 16 1276, by Senator LaValle, Senate Print 2464-B, 17 an act to amend the General Obligations Law. 18 ACTING PRESIDENT KUHL: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect in 90 days. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 37. 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1277, by Senator Saland, Senate Print 3549-B, an 5 act to amend the Retirement and Social Security 6 Law. 7 ACTING PRESIDENT KUHL: There is 8 a home rule message at the desk. Read the last 9 section. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 39. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1278, by Senator Wright, Senate Print 3811 - 20 SENATOR STACHOWSKI: Lay the bill 21 aside. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside. 24 THE SECRETARY: Calendar Number 25 1280, by Senator Maziarz, Senate Print 44... 1 SENATOR MAZIARZ: Lay the bill 2 aside for the day, please. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside for the day at the request of the 5 sponsor. 6 THE SECRETARY: Calendar Number 7 1281, by Senator Farley, Senate Print 5029-A, an 8 act to amend the Banking Law, in relation to the 9 protection. 10 ACTING PRESIDENT KUHL: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 39. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1283, by Senator Montgomery, Senate Print 5446, 22 an act to amend the Emergency Tenant Protection 23 Act. 24 ACTING PRESIDENT KUHL: Read the 25 last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT KUHL: Announce 7 the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1283 are 10 Senators Farley, Meier, Seward and Wright, also 11 Senator Saland, also Senator Nozzolio. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside -- withdraw the roll call and lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 1285, by Senator Rath, Senate Print 6509, an act 17 to amend the Real Property Tax Law. 18 ACTING PRESIDENT KUHL: Read the 19 last section. 20 SENATOR DOLLINGER: 1285, Mr. 21 President. Can we lay that bill aside, 1285? 22 ACTING PRESIDENT KUHL: You want 23 Calendar Number 1285 laid aside, Senator 24 Dollinger? 25 SENATOR DOLLINGER: Yes, Mr. 1 President. 2 ACTING PRESIDENT KUHL: Okay. 3 Lay Calendar Number 1285 aside. We'll go back 4 to Calendar 1284. 5 THE SECRETARY: Calendar Number 6 1284, by Senator Kuhl, Senate Print 6184, an act 7 to amend the Private Housing Finance Law. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 39. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1286, by Senator Skelos, Senate Print 6552-A, an 20 act to amend the State Finance Law. 21 ACTING PRESIDENT KUHL: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call the 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 39. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1287, by Senator Meier, Senate Print 6636, an 8 act in relation to creation of a fire protection 9 district. 10 ACTING PRESIDENT KUHL: There's a 11 home rule message at the desk. Read the last 12 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 THE SECRETARY: Ayes 39. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1288, by Senator Seward, Senate Print 6659-A, an 23 act to authorize Robert M. Foster to change the 24 beneficiary. 25 ACTING PRESIDENT KUHL: Read the 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT KUHL: Record 8 the negative. Announce the results. 9 THE SECRETARY: Ayes 38, nays 1. 10 Senator Dollinger recorded in the negative. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1289, by Senator Alesi, Senate Print 6675, an 15 act to amend the General Business Law. 16 ACTING PRESIDENT KUHL: Read the 17 last section. 18 THE SECRETARY: Section 29. 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 39. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 1290, by Senator Balboni, Senate Print 6735, an 3 act to amend the Insurance Law. 4 ACTING PRESIDENT KUHL: Read the 5 last section. 6 THE SECRETARY: Section 6. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 42. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1291, by Senator Saland, Senate Print 6754, an 16 act to amend the Retirement and Social Security 17 Law. 18 ACTING PRESIDENT KUHL: There is 19 a home rule message at the desk. Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll.) 1 THE SECRETARY: Ayes 42. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1292, by Senator Volker, Senate Print 6812, an 6 act to amend the Civil Practice Law and Rules. 7 ACTING PRESIDENT KUHL: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 42. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1293, by Senator Maltese, Senate Print 6993, an 19 act to amend the Real Property Law. 20 ACTING PRESIDENT KUHL: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 42. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1294, by Senator Volker, Senate Print 7052, an 7 act in relation to allowing Geraldine Memmo to 8 be reclassified. 9 ACTING PRESIDENT KUHL: There is 10 a home rule message at the desk. Read the last 11 section. 12 THE SECRETARY: Section 3. 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 42. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1296, by Senator Farley, Senate Print 7165-A, an 22 act to authorize the city of Schenectady. 23 ACTING PRESIDENT KUHL: The 24 Secretary will read the last section. 25 THE SECRETARY: There is a home 1 rule message at the desk. The Secretary will 2 read the last section. 3 THE SECRETARY: Section 3. 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 42. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1298, by Senator Saland, Senate Print 7310, an 13 act to permit the reopening of the optional 14 20-year retirement. 15 ACTING PRESIDENT KUHL: There is 16 a home rule message at the desk. Read the last 17 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 ACTING PRESIDENT KUHL: Record 24 the negative. Announce the results. 25 THE SECRETARY: Ayes 41, nays 1, 1 Senator Dollinger recorded in the negative. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Excuse me. Also 5 Senator Cook. Ayes 40, nays 2. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1299, by Senator Seward, Senate Print 7420, an 10 act in relation to granting retroactive 11 membership. 12 ACTING PRESIDENT KUHL: There is 13 a home rule message at the desk. The 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 ACTING PRESIDENT KUHL: Record 21 the negatives. Announce the results. 22 THE SECRETARY: Ayes 41, nays 1, 23 Senator Dollinger recorded in the negative. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 1300, by Senator Wright, Senate Print 7456, an 3 act to amend the Real Property Tax Law. 4 ACTING PRESIDENT KUHL: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 42. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1301, by Senator Lack, Senate Print 7468-A, an 16 act to amend the Judiciary Law and the State 17 Finance Law. 18 ACTING PRESIDENT KUHL: Read the 19 last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 45. 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1302, by Senator Skelos, Senate Print 7472, an 5 act authorizing the assessor of the county of 6 Nassau. 7 ACTING PRESIDENT KUHL: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT KUHL: Record 15 the negative. Announce the results. 16 THE SECRETARY: Ayes 43, nays 2, 17 Senators Cook and Dollinger recorded in the 18 negative. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1304 by Senator Goodman, Senate Print 7514, an 23 act to amend the Tax Law and the Administrative 24 Code of the city of New York. 25 ACTING PRESIDENT KUHL: There is 1 a local fiscal impact note at the desk. Read 2 the last section. 3 THE SECRETARY: Section 5. This 4 act shall take effect in 60 days. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 45. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1305, by Senator Velella, Senate Print 7538, an 13 act to amend the Administrative Code of the city 14 of New York. 15 ACTING PRESIDENT KUHL: There is 16 a home rule message at the desk. Read the last 17 section. 18 THE SECRETARY: Section 4. 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 46. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 1306, by Senator Stafford, Senate Print 7549, an 3 act legalizing and ratifying certain acts. 4 ACTING PRESIDENT KUHL: There is 5 a local fiscal impact note at the desk. Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 46. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1307, by Senator Skelos, Senate Print 7566, an 17 act to amend the Penal Law, in relation to 18 defenses against a charge. 19 ACTING PRESIDENT KUHL: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first day of 23 November. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT KUHL: Record 3 the negatives. Announce the results. 4 THE SECRETARY: Ayes 44, nays 2, 5 Senators LaValle and Padavan recorded in the 6 negative. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1308, by Senator Marcellino, Senate Print 11 7586-A, an act to amend the Town Law, in 12 relation to providing. 13 ACTING PRESIDENT KUHL: There is 14 a home rule message at the desk. Read the last 15 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 46. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1310, by the Senate Committee on Rules, Senate 1 Print 7594, an act to amend the New York State 2 Printing and Public Documents Law. 3 SENATOR STACHOWSKI: Lay it 4 aside. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number 8 1311, by Senator Balboni, Senate Print 7606, an 9 act to amend Chapter 602 of the Laws of 1993. 10 ACTING PRESIDENT KUHL: Read the 11 last section. 12 THE SECRETARY: Section 2. 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 46. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1312, by Senator Johnson, Senate Print 7612, an 22 act to amend the Public Authorities Law. 23 ACTING PRESIDENT KUHL: Read the 24 last section. 25 THE SECRETARY: Section 3. This 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 46. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1313, by Senator Velella, Senate Print 7616, an 10 act to amend the Insurance Law. 11 SENATOR STACHOWSKI: Lay it 12 aside. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 ACTING PRESIDENT KUHL: Senator 16 Skelos, that completes the reading of the 17 non-controversial calendar. 18 SENATOR SKELOS: Mr. President, 19 please take up the controversial calendar. 20 SENATOR COOK: Mr. President. 21 ACTING PRESIDENT KUHL: Senator 22 Cook, why do you rise? 23 SENATOR COOK: I would like to be 24 in the negative on Calendar 514 and in the 25 affirmative on 1298 -- 1298. I inadvertently 1 voted against it. 2 ACTING PRESIDENT KUHL: Without 3 objection, hearing no objection, Senator Cook 4 will be recorded in the negative on Calendar 5 Number 1298. 6 Senator Padavan, why do you 7 rise? 8 SENATOR COOK: Mr. President, 9 that's not correct. The negative - 10 ACTING PRESIDENT KUHL: I'm just 11 getting a little conversation, Senator Cook, 12 that's disturbing. I'm sorry. 13 SENATOR COOK: The negative is on 14 514 and I inadvertently voted in the negative on 15 1298. I want to be recorded in the affirmative 16 on that. 17 ACTING PRESIDENT KUHL: Senator 18 Cook will be recorded in the affirmative on 19 Calendar Number 1298. Thank you. 20 Senator Saland, why do you rise? 21 SENATOR SALAND: Mr. President, I 22 would request unanimous consent to be recorded 23 in the negative on Calendar Number 1307. 24 ACTING PRESIDENT KUHL: 1307, 25 without objection, Senator Saland will be 1 recorded in the negative on Calendar Number 2 1307. 3 Senator Padavan, why do you 4 rise? 5 SENATOR PADAVAN: I would like to 6 be in the negative on Calendar 1295. 7 ACTING PRESIDENT KUHL: Without 8 objection, hearing no objection, Senator Padavan 9 will be recorded in the negative on Calendar - 10 Senator Padavan, Calendar Number 12... Senator 11 Padavan, Calendar Number 1295 was not passed. 12 SENATOR PADAVAN: Thank you. 13 ACTING PRESIDENT KUHL: Senator 14 Dollinger, why do you rise? 15 SENATOR DOLLINGER: Mr. 16 President, I'd just ask for unanimous consent to 17 be recorded in the negative on Calendar Number 18 1307. 19 ACTING PRESIDENT KUHL: Without 20 objection, hearing no objection, Senator 21 Dollinger will be recorded in the negative on 22 Calendar Number 1307. 23 Senator Marcellino, did you have 24 a motion? 25 SENATOR MARCELLINO: Yes, Mr. 1 President. I do. 2 ACTING PRESIDENT KUHL: Senator 3 Skelos, can we return to the order of motions 4 and resolutions. 5 The Chair recognizes Senator 6 Marcellino. 7 SENATOR MARCELLINO: Mr. 8 President, on behalf of Senator Skelos, on page 9 number 4, I offer the following amendments to 10 Calendar Number 56, Senate Print Number 308-A, 11 and ask that said bill retain its place on the 12 Third Reading Calendar. 13 ACTING PRESIDENT KUHL: The 14 amendments are received and adopted. The bill 15 will retain its place on the Third Reading 16 Calendar. 17 SENATOR MARCELLINO: Thank you. 18 ACTING PRESIDENT KUHL: Senator 19 Skelos, that brings us to the controversial 20 calendar. 21 SENATOR SKELOS: Please proceed 22 with the controversial calendar. 23 ACTING PRESIDENT KUHL: The 24 Secretary will read the controversial calendar 25 beginning with Calendar Number 1188, by Senator 1 Johnson. 2 THE SECRETARY: Calendar Number 3 1188, by Senator Johnson, Senate Print 4556-B, 4 an act to amend the Tax Law, in relation to 5 medical savings. 6 SENATOR STACHOWSKI: Explanation. 7 ACTING PRESIDENT KUHL: Senator 8 Johnson, an explanation of Calendar Number 1188 9 has been requested by the Acting Minority 10 Leader, Senator Stachowski. 11 SENATOR JOHNSON: Mr. President, 12 the 1996 Kennedy-Kassebaum bill reformed health 13 care and provided in that bill another mechanism 14 for small businesses and self-employed 15 individuals to purchase health care. It's a - 16 called their medical savings account. It's a 17 combination of a high deductible health 18 insurance policy and a savings account created 19 in which pretaxed dollars are put aside to pay 20 your medical claims which are under the 21 deductible. 22 This would provide a state tax 23 credit to complement the federal tax deduction 24 and in this case, the state tax credit would be 25 a maximum of $146 per individual or $337 per 1 family, and this would essentially give another 2 option to an individual or a small business to 3 buy coverage, another kind of coverage which 4 they might like to buy and this would provide an 5 additional incentive for them to do so in 6 addition to what the incentive provided in the 7 federal law. 8 ACTING PRESIDENT KUHL: Senator 9 Stachowski. 10 SENATOR STACHOWSKI: Mr. 11 President, if Senator Johnson would yield to one 12 question. 13 ACTING PRESIDENT KUHL: Senator 14 Johnson, do you yield to a question from Senator 15 Stachowski? 16 SENATOR JOHNSON: Yes. 17 SENATOR STACHOWSKI: The only 18 question we have, Senator, is what would the 19 cost of this program roughly be to the state? 20 Is there an estimated cost? 21 SENATOR JOHNSON: Well, yeah. We 22 have several estimates and there was an estimate 23 by the Tax and Finance Department that it would 24 be up to $5 million, and I went over the figures 25 and our fiscal analyst went over the figures 1 with us and thought that it would be most likely 2 no more than 1.5 million since very few people 3 are in the plan in the state so far and it was 4 not predicted to grow that rapidly. So it would 5 be much, much less than $5 million that it might 6 cost altogether but there would be a savings, of 7 course, for people who are now uninsured, they 8 would save -- we would save money on possibly 9 Medicaid claims or others. 10 SENATOR STACHOWSKI: Thank you, 11 Senator. 12 ACTING PRESIDENT KUHL: The 13 Secretary -- Senator Dollinger. 14 SENATOR DOLLINGER: Will the 15 sponsor yield to just one other question? 16 ACTING PRESIDENT KUHL: Senator 17 Johnson, do you yield to a question from Senator 18 Dollinger? 19 SENATOR JOHNSON: Yes. 20 ACTING PRESIDENT KUHL: The 21 Senator yields. 22 SENATOR DOLLINGER: I note in the 23 memorandum that accompanies the bill, it talks 24 about paying for the cost of long-term care. 25 Could you just explain to me how the amounts 1 deposited in the account are withdrawn to pay 2 the premium on long-term care insurance? Can it 3 be used for that purpose as well? 4 SENATOR JOHNSON: Well, of 5 course, we're talking about the federal law 6 makes that provision and all we're saying is 7 this fund which you set aside to pay annual 8 claims, if you don't use that money, it can 9 accumulate at interest tax-free and it can be 10 drawn out after you're 65 and can be used for 11 various purposes but one of the purposes is 12 purchasing long-term care insurance. 13 SENATOR DOLLINGER: Again through 14 you, Mr. President, just so I - 15 ACTING PRESIDENT KUHL: Senator 16 Johnson, do you continue to yield? The Senator 17 continues to yield. 18 SENATOR JOHNSON: Yes. 19 SENATOR DOLLINGER: I just want 20 to make sure. If you set up a medical savings 21 account -- I know it's governed by federal law 22 -- and you get a tax credit in New York, can 23 you also use the amount deposited in the account 24 to pay your annual premium for long-term care 25 insurance? 1 SENATOR JOHNSON: Yes. 2 SENATOR DOLLINGER: You can. 3 SENATOR JOHNSON: I understand 4 that's the case. 5 SENATOR DOLLINGER: Okay. So in 6 essence what we're doing by this is to those who 7 can afford it, we're making long-term care 8 insurance deductible up to ten percent on your 9 income -- on your state income tax return as a 10 credit, is that correct? 11 SENATOR JOHNSON: Well, we're 12 talking about a maximum credit for our people of 13 $146 or $337. That's the maximum tax credit 14 they would get. So it's not costing us any more 15 than that as a state. 16 SENATOR DOLLINGER: Okay. 17 Thank you, Mr. President. Just 18 briefly, on the bill. 19 ACTING PRESIDENT KUHL: Senator 20 Dollinger, on the bill. 21 SENATOR DOLLINGER: I'm going to 22 vote in favor of this bill. I think we all need 23 to recognize one thing about medical savings 24 accounts, however, that they will be, at least 25 in my judgment, of minimal value to the 1 uninsured because the reason why they're 2 uninsured is that they can't afford the cost of 3 medical services generally. In many cases 4 they're not filing and individually itemizing 5 their deductions for these type of accounts. I 6 think to some extent this may be a further 7 assistance to the middle class and the upper 8 class in allowing tax-free savings to accumulate 9 to pay for some medical costs. To that extent, 10 I think it's a good idea, but the notion that it 11 will somehow be universally used by the poor or 12 by those who can't afford health insurance is 13 something of a an overestimate of the effect of 14 this bill. 15 I'm going to vote in favor of it 16 because I think it does some good things in 17 terms of allowing people to accumulate money to 18 pay for certain expenses, but I don't think it 19 will have universal use. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 46. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar 6 Number - 7 ACTING PRESIDENT KUHL: Senator 8 Skelos. 9 SENATOR SKELOS: Mr. President, 10 there will be an immediate meeting of the Rules 11 Committee in the Majority Conference Room. 12 ACTING PRESIDENT KUHL: There 13 will be an immediate meeting of the Rules 14 Committee, immediate meeting of the Rules 15 Committee in the Majority Conference Room, Room 16 332. Immediate meeting of the Rules Committee 17 in the Majority Conference Room, Room 332. 18 The Secretary will continue to 19 read the controversial calendar. 20 THE SECRETARY: Calendar Number 21 1278, by Senator Wright, Senate Print 3811, an 22 act to amend the Tax Law, in relation to 23 expanding. 24 SENATOR STACHOWSKI: Explanation. 25 ACTING PRESIDENT KUHL: Senator 1 Wright, an explanation of Calendar Number 1278 2 has been requested by the Acting Minority 3 Leader, Senator Stachowski. 4 SENATOR WRIGHT: Thank you, Mr. 5 President. 6 This bill amends the Tax Law with 7 regards to small business and the computing of 8 the franchise tax. 9 Currently new businesses are 10 allowed -- new small businesses are allowed to 11 exclude investment capital. This extends that 12 to existing small businesses. 13 SENATOR DOLLINGER: Mr. 14 President. 15 ACTING PRESIDENT KUHL: Senator 16 Dollinger. 17 SENATOR DOLLINGER: Will the 18 sponsor yield to just one question? 19 ACTING PRESIDENT KUHL: Senator 20 Wright, do you yield to a question? 21 SENATOR WRIGHT: Yes, I will. 22 ACTING PRESIDENT KUHL: The 23 Senator yields. 24 SENATOR DOLLINGER: What is - 25 the memo that accompanies the bill indicates 1 that there will be a reduction, as I recall, in 2 state tax revenue. Do you know what that number 3 will be? 4 SENATOR WRIGHT: I do not, Mr. 5 President. We do not have a number that has 6 been calculated. 7 SENATOR DOLLINGER: Do you have 8 any idea of the magnitude of what we're talking 9 about? Is it something in the hundreds of 10 millions or less than that? 11 SENATOR WRIGHT: No. I would 12 anticipate that it's significantly less than 13 that. I would speculate that we're probably 14 looking at tens of millions as opposed to 15 hundreds of millions. You need a standard to 16 quantify it. 17 SENATOR DOLLINGER: All right. I 18 think, Mr. President, with that understanding, 19 as -- certainly as we look at all these tax 20 savings or tax reduction, revenue reduction 21 devices -- and we've done a number of them in 22 the chamber the last couple of days -- we have 23 to be aware of the impact on the bottom line to 24 the state, and I'm going to vote in favor of 25 this. I urge my colleagues to do the same, but 1 I think it's just something we've got to keep in 2 mind, because as we accumulate all these taxes, 3 those tens of millions grow in the hundreds 4 which grow into billions and the next thing you 5 know, our surplus which we're proud to have, and 6 I think pleased to have, this year suddenly 7 melts away. So just to keep it in mind. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 SENATOR WRIGHT: I would concur 11 with the Senator's assessment and I would only 12 hope that we could grow small business so, in 13 fact, it could become tens of millions. 14 Thank you. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 31st day of 19 December. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 46. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 1283, by Senator Montgomery, Senate Print 5446, 3 an act to amend the Emergency Tenant Protection 4 Act. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT KUHL: Record 12 the negatives. Announce the results. 13 THE SECRETARY: Ayes 44, nays 2, 14 Senators Meier and Saland recorded in the 15 negative. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1285, by Senator Rath, Senate Print 6509, an act 20 to amend the Real Property Tax Law. 21 SENATOR MAZIARZ: Lay it aside 22 for the day. 23 ACTING PRESIDENT KUHL: Lay the 24 bill aside for the day. 25 THE SECRETARY: Calendar Number 1 1310, by the Senate Committee on Rules, Senate 2 Print 7594, an act to amend the New York State 3 Printing and Public Documents Law. 4 SENATOR DOLLINGER: Explanation. 5 SENATOR MAZIARZ: Lay the bill 6 aside temporarily, please. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside temporarily. 9 THE SECRETARY: Calendar Number 10 1313, by Senator Velella, Senate Print 7616, an 11 act to amend the Insurance Law. 12 SENATOR DOLLINGER: Explanation, 13 please. 14 ACTING PRESIDENT KUHL: Senator 15 Velella, an explanation of Calendar Number 1313 16 has been requested by the Acting Minority 17 Leader. 18 SENATOR VELELLA: Yes. This is 19 an amendment to a bill that we did last year on 20 service contracts for appliances. 21 Many of us have bought appliances 22 and buy the service contract from a company for 23 a refrigerator or a stove or an air-conditioner 24 and you buy the service contract along with it 25 from Sears or some other company. 1 Up until we passed this law last 2 year, you might be buying a five-year contract 3 to service your refrigerator or your air 4 conditioner but there was no guarantee that 5 there would be the money there five years down 6 the road. The company could fold. You pay the 7 five-year premium. Your air-conditioner breaks 8 in two years and there's nobody around to repair 9 it and there's no pool of money to go to to say, 10 well, this company should have been financially 11 -- this provision should have been financially 12 provided for in a guaranteed fund of some 13 nature. 14 So we require them to file with 15 the Insurance Department and be sure that there 16 was adequate financial backing so that when they 17 sell you a five-year contract, the 18 responsibility will be there for the five 19 years. 20 When we did that, we 21 inadvertently included service contracts such as 22 -- and this was the one group that came to us 23 -- people who sell you the annual service on 24 your boiler, the oil home heating people who 25 will service your home boiler for the year. We 1 did not intend to include those annual contracts 2 into the bill and this provision that we are 3 doing now will take that group specifically out 4 of that requirement to file with the Insurance 5 Department. 6 I know there's a question about 7 the reason of the date of the retroactivity and 8 basically what that was, the date that we made 9 this retroactive to was the date that the bill 10 was signed, even though it wasn't the date that 11 it took effect. It was a combination of two 12 factors: One, when we did that, these contracts 13 were in existence and we did not intend to 14 affect existing contracts, nor could we under 15 the Constitution. So we wanted to clear that 16 issue up and in picking the date -- it's 17 basically a draftsman style, went to the date 18 the bill was signed rather than the date it 19 takes effect. We could not affect the law that 20 wasn't in effect or make a change in a law that 21 hadn't taken effect yet because the date was on 22 the date that the Governor signed it. 23 So the draftsman in doing it 24 chose the date the bill was signed into law 25 rather than the effective date. We're not 1 changing anything other than the law of the day 2 it took effect. It would have no real impact. 3 SENATOR DOLLINGER: Through you, 4 Mr. President, just one question of 5 clarification. 6 ACTING PRESIDENT KUHL: Senator 7 Dollinger. Senator Velella, do you yield to a 8 question? 9 SENATOR DOLLINGER: Is it my 10 understanding what this bill does is eliminate 11 the home heating contractors who were servicing 12 boilers they were never intend to be in? 13 SENATOR VELELLA: Correct. 14 SENATOR DOLLINGER: It cuts them 15 out. 16 SENATOR DOLLINGER: Cuts them 17 out. 18 SENATOR VELELLA: And it goes 19 back to -- so again through you, Mr. President, 20 if Senator Velella will yield. 21 SENATOR VELELLA: Yes. 22 SENATOR DOLLINGER: Now, you have 23 a contract with your home heating oil supplier 24 to do your boiler. He -- if this law -- if your 25 law passes-- this bill passes and becomes law, 1 they will no longer have the obligation to file 2 with the Department of Insurance the evidence 3 that they have sufficient financial resources to 4 fund the guarantee. 5 SENATOR VELELLA: Correct. 6 SENATOR DOLLINGER: It was never 7 an intention to do that. 8 SENATOR VELELLA: That was never 9 an intention and basically the reason is most of 10 these oil companies are financially able to 11 withstand a one-year contract. 12 What we were going after was the 13 company that sort of makes a deal with Sears and 14 says, we'll offer all of the people who buy 15 refrigerators service contracts and then they 16 disappear and two years into it you're looking 17 to have your refrigerator repaired. 18 SENATOR DOLLINGER: Explanation 19 satisfactory, Mr. President. 20 ACTING PRESIDENT KUHL: The 21 Secretary -- the Secretary will read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT KUHL: Call the 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 48. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 Senator Maziarz. 7 SENATOR MAZIARZ: Thank you, Mr. 8 President. 9 Mr. President, could we return to 10 motions and resolutions and is there any 11 housekeeping at the desk? 12 ACTING PRESIDENT KUHL: We'll 13 return to the order of motions and resolutions. 14 The Chair recognizes Senator 15 Marcellino. 16 SENATOR MARCELLINO: Yes, Mr. 17 President. 18 I wish to call up your bill, 19 Senate Print Number 1828-B, recalled from the 20 Assembly, which is now at the desk. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read. 23 THE SECRETARY: By Senator Kuhl, 24 Senate Print 1828-B, an act to amend the 25 Judiciary Law. 1 ACTING PRESIDENT KUHL: Senator 2 Marcellino. 3 SENATOR MARCELLINO: Mr. 4 President, I now move to reconsider the vote by 5 which the bill was passed. 6 ACTING PRESIDENT KUHL: The 7 Secretary will call the roll on reconsideration. 8 (The Secretary called the roll on 9 reconsideration.) 10 THE SECRETARY: Ayes 48. 11 ACTING PRESIDENT KUHL: Senator 12 Marcellino. 13 SENATOR MARCELLINO: Mr. 14 President, please star the bill. 15 ACTING PRESIDENT KUHL: The bill 16 will be starred at the request of the sponsor. 17 SENATOR MARCELLINO: Mr. 18 President, on behalf of Senator -- excuse me - 19 on behalf of Senator Leibell, on page number 38, 20 I offer the following amendments to Calendar 21 Number 1130, Senate Print Number 6641, and ask 22 that said bill retain its place on the Third 23 Reading Calendar. 24 ACTING PRESIDENT KUHL: The 25 amendments to Calendar Number 1130 are received 1 and adopted and the bill will retain its place 2 on the Third Reading Calendar. 3 SENATOR MARCELLINO: Thank you, 4 sir. 5 ACTING PRESIDENT KUHL: Senator 6 Maziarz. 7 SENATOR MAZIARZ: Thank you, Mr. 8 President. 9 Could the Senate please stand at 10 ease pending the report of the Rules Committee. 11 ACTING PRESIDENT KUHL: The 12 Senate will stand at ease pending the report of 13 the Rules Committee. 14 (Whereupon, the Senate stood at 15 ease.) 16 ACTING PRESIDENT KUHL: The Chair 17 recognizes Senator Nozzolio. 18 SENATOR NOZZOLIO: Thank you, Mr. 19 President. 20 I'd ask unanimous consent to be 21 recorded in the negative on Calendar Number 22 1283. 23 ACTING PRESIDENT KUHL: Without 24 objection, hearing no objection, Senator 25 Nozzolio will be recorded in the negative on 1 Calendar Number 1283. 2 The Senate will continue to stand 3 at ease. 4 (Whereupon, the Senate stood at 5 ease.) 6 ACTING PRESIDENT KUHL: Senator 7 Wright, why do you rise? 8 SENATOR WRIGHT: Request 9 unanimous consent to be recorded in the negative 10 on 1283. 11 ACTING PRESIDENT KUHL: Without 12 objection, hearing no objection, Senator Wright 13 will be recorded in the negative on Calendar 14 Number 1283. 15 Senator DeFrancisco, why do you 16 rise? 17 SENATOR DeFRANCISCO: I would 18 also like to be recorded in the negative on that 19 same bill. 20 ACTING PRESIDENT KUHL: Without 21 objection, hearing no objection, Senator 22 DeFrancisco will be recorded in the negative on 23 Calendar Number 1283. 24 Senator Larkin, why do you rise? 25 SENATOR LARKIN: I wish to be 1 recorded in the negative on Calendar Number 2 1283. 3 ACTING PRESIDENT KUHL: Without 4 objection, hearing no objection, Senator Larkin 5 will be recorded in the negative on Calendar 6 Number 1283. 7 The Senate will continue to stand 8 at ease. 9 (Whereupon, the Senate stood at 10 ease from 10:50 a.m. until 11:19 a.m.) 11 SENATOR SKELOS: Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 Skelos. 14 SENATOR SKELOS: Would you please 15 call up Calendar Number 1310. 16 ACTING PRESIDENT KUHL: The 17 Senate will come to order. The staff please 18 take their places, the members please take their 19 chairs. 20 The Secretary will read Calendar 21 Number 310 on the controversial calendar. 22 SENATOR DOLLINGER: Explanation. 23 ACTING PRESIDENT KUHL: Excuse 24 me. 1310. 25 THE SECRETARY: Calendar Number 1 1310, by the Senate Committee on Rules, Senate 2 Print 7594, an act to amend the New York State 3 Printing and Public Documents Law. 4 SENATOR SKELOS: Explanation has 5 been requested. 6 This bill authorizes the maximum 7 length of a contract for legislative printing to 8 be increased from 26 months to 50 months. It's 9 expected to increase the number of bids received 10 and decrease the cost from increased 11 competition. 12 SENATOR DOLLINGER: Mr. 13 President. 14 ACTING PRESIDENT KUHL: Senator 15 Dollinger. 16 SENATOR DOLLINGER: Just one 17 question for the Deputy Majority Leader on the 18 bill. 19 ACTING PRESIDENT KUHL: Senator 20 Skelos, do you yield to a question? 21 SENATOR SKELOS: Yes, I do. 22 ACTING PRESIDENT KUHL: The 23 Senator yields. 24 SENATOR DOLLINGER: What is the 25 anticipated savings because of this? 1 SENATOR SKELOS: That's a very 2 good question. It's estimated that it will save 3 about $100,000 out of a million. 4 SENATOR DOLLINGER: And one other 5 question, Mr. President. What happens to those 6 savings? I assume they would go back to the 7 surplus at the end of the year and then either 8 be reappropriated or back into the general fund. 9 SENATOR SKELOS: Basically the 10 Legislative Budget would not have to spend an 11 additional $100,000. It's not like we're going 12 to get a refund. It's just that your budget in 13 that area would be $100,000. 14 SENATOR DOLLINGER: Thank you, 15 Mr. President. 16 Explanation satisfactory. 17 ACTING PRESIDENT KUHL: The 18 Secretary will read the last section. 19 THE SECRETARY: Section 6. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes 48. 25 ACTING PRESIDENT KUHL: The bill 1 is passed. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 if we could return to reports of standing 5 committees, I believe there's a report of the 6 Rules Committee at the desk. I ask that it be 7 read. 8 ACTING PRESIDENT KUHL: We'll 9 return to the order of reports of standing 10 committees. 11 I'll ask the Secretary to read 12 the report of the Rules Committee which is at 13 the desk. 14 THE SECRETARY: Senator Bruno, 15 from the Committee on Rules, offers up the 16 following bills directly for third reading: 17 Senate Print 500-A, by Senator 18 Johnson, an act to amend the Real Property Tax 19 Law; 20 2034, by Senator Rath, concurrent 21 resolution of the Senate and Assembly; 22 3059-A, by Senator Trunzo, an act 23 to amend the Administrative Code of the city of 24 New York; 25 4352, by Senator Maltese, an act 1 to amend the Criminal Procedure Law; 2 4888, by Senator Kuhl, an act to 3 amend the Vehicle and Traffic Law; 4 5263-B, by Senator Libous, an act 5 to amend the Insurance Law; 6 5338, by Senator DeFrancisco, an 7 act to amend the Public Health Law; 8 5374-B, by Senator Montgomery, an 9 act to amend the Penal Law; 10 5505-A, by Senator Stachowski, an 11 act to amend Chapter 276 of the Laws of 1993; 12 5688, by Senator Stafford, an act 13 to amend the Tax Law; 14 6004-B, by Senator Holland, an 15 act to amend the Education Law; 16 6385-A, by Senator DeFrancisco, 17 an act to amend the Vehicle and Traffic Law; 18 6404, by Senators Kuhl and 19 others, an act to amend the Retirement and 20 Social Security Law; 21 6495-A, by Senator Rath, an act 22 to amend the Real Property Tax Law; 23 6664, by Senator Kuhl, an act to 24 amend the Tax Law; 25 6767, by Senator Kuhl, an act to 1 amend the Town Law; 2 6874-A, by Senator Larkin, an act 3 to amend the Retirement and Social Security Law; 4 6990, by Senator Marchi, an act 5 to amend Chapter 741 of the Laws of 1985; 6 7035-A, by Senator Alesi, an act 7 to amend the Public Authorities Law; 8 7101, by Senator Johnson, an act 9 to amend the Transportation Law; 10 7190-A, by Senator Leibell and 11 others, an act to amend the Executive Law; 12 7224-A, by Senator Farley, an act 13 to adjust certain state aid payments; 14 7297, by Senator Marcellino, an 15 act to amend the Education Law; 16 7401, by Senator Johnson, an act 17 to amend the Vehicle and Traffic Law; 18 7411, by Senator Johnson, an act 19 to amend the Vehicle and Traffic Law; 20 7415, by Senator Nozzolio, an act 21 to amend the Tax Law; 22 7463-A, by Senator Leichter, an 23 act to authorize the city of New York; 24 7473, by Senator Spano, an act to 25 amend the Local Finance Law; 1 7482, by Senator Leibell, an act 2 to amend the Private Housing Finance Law; 3 7578, by Senator Fuschillo, an 4 act to amend the Vehicle and Traffic Law; 5 7579, by Senator Fuschillo, an 6 act to amend the Vehicle and Traffic Law; 7 7602, by Senator Johnson, an act 8 to amend the Vehicle and Traffic Law; 9 7605, by Senator Padavan, an act 10 to amend the State Finance Law; 11 7621, by Senator Saland, an act 12 to amend the Domestic Relations Law; 13 7622, by Senator Stafford, an act 14 to amend Chapter 814 of the Laws of 1987; 15 7625, by Senator Velella, an act 16 to amend the Public Authorities Law; 17 7635, by Senator Meier, an act to 18 amend the Civil Rights Law; and 19 7650, by Senators DeFrancisco and 20 others, an act to adjust certain state aid 21 payments. 22 All bills directly for third 23 reading. 24 ACTING PRESIDENT KUHL: Senator 25 Skelos. 1 SENATOR SKELOS: Is there any 2 other housekeeping at the desk? 3 ACTING PRESIDENT KUHL: The 4 motion is to accept the report of the Rules 5 Committee. All those in favor signify by saying 6 aye. 7 (Response of "Aye".) 8 Opposed, nay. 9 (There was no response.) 10 The Rules report is accepted. 11 The bills are ordered directly to 12 third reading. 13 We do have some housekeeping, 14 Senator Skelos. We can go to motions and 15 resolutions. 16 The Chair recognizes Senator 17 Marcellino. 18 SENATOR MARCELLINO: Mr. 19 President, on page number 6, on behalf of 20 Senator Hannon, I offer the following amendments 21 to Calendar Number 167, Senate Print Number 22 4973-A, and ask that said bill retain its place 23 on the Third Reading Calendar. 24 ACTING PRESIDENT KUHL: The 25 amendments to Calendar Number 167 are received 1 and adopted. The bill will retain its place on 2 the Third Reading Calendar. 3 SENATOR MARCELLINO: Thank you, 4 Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Skelos -- Senator Seward. 7 SENATOR SEWARD: Mr. President, 8 if I could have unanimous consent, I would like 9 to be recorded in the negative on Calendar 1283. 10 ACTING PRESIDENT KUHL: Without 11 objection, hearing no objection, Senator Seward 12 will be recorded in the negative on Calendar 13 Number 1283. 14 SENATOR SEWARD: Mr. President. 15 ACTING PRESIDENT KUHL: Senator 16 Seward. 17 SENATOR SEWARD: Is there any 18 housekeeping at the desk? 19 ACTING PRESIDENT KUHL: The 20 housekeeping is clean at the desk, Senator 21 Seward. 22 SENATOR SEWARD: In that case, 23 Mr. President, there being no further business, 24 I move we adjourn until Monday, June 15, at 3:00 25 p.m., intervening days being legislative. 1 ACTING PRESIDENT KUHL: Without 2 objection, the Senate stands adjourned until 3 Monday, June 15th, 3:00 p.m., intervening days 4 to be legislative days. 5 (Whereupon, at 11:29 a.m., the 6 Senate adjourned.) 7 8 9 10 11 12 13