Regular Session - January 16, 2001

                                                              84







                           THE STENOGRAPHIC RECORD









                              ALBANY, NEW YORK

                              January 16, 2001

                                  3:08 p.m.





                               REGULAR SESSION







                 LT. GOVERNOR MARY O. DONOHUE, President

                 STEVEN M. BOGGESS, Secretary



















                                                          85



                            P R O C E E D I N G S

                             THE PRESIDENT:    The Senate will

                 please come to order.

                             I ask everyone present to please

                 rise and repeat with me the Pledge of

                 Allegiance.

                             (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                             THE PRESIDENT:    In the absence of

                 clergy, may we all bow our heads in a moment

                 of silence.

                             (Whereupon, the assemblage

                 respected a moment of silence.)

                             THE PRESIDENT:    Reading of the

                 Journal.

                             THE SECRETARY:    In Senate,

                 Saturday, January 13, the Senate met pursuant

                 to adjournment.  The Journal of Friday,

                 January 12, was read and approved.  On motion,

                 Senate adjourned.

                             THE PRESIDENT:    Without

                 objection, the Journal stands approved as

                 read.

                             Presentation of petitions.

                             Messages from the Assembly.





                                                          86



                             Messages from the Governor.

                             Reports of standing committees.

                             The Secretary will read.

                             THE SECRETARY:    Senator Volker,

                 from the Committee on Codes, reports the

                 following bills:

                             Senate Print 58, by Senator Skelos,

                 an act to amend the Civil Practice Law and

                 Rules;

                             59, by Senator Skelos, an act to

                 amend the Criminal Procedure Law;

                             66, by Senator Velella, an act to

                 amend the Criminal Procedure Law;

                             77, by Senator Skelos, an act to

                 amend the Civil Practice Law and Rules;

                             95, by Senator Maltese, an act to

                 amend the Penal Law;

                             100, by Senator Marcellino, an act

                 to amend the Penal Law;

                             103, by Senator Marcellino, an act

                 to amend the Criminal Procedure Law;

                             126, by Senator Skelos, an act to

                 amend the Civil Practice Law and Rules;

                             135, by Senator Volker, an act to

                 amend the Civil Practice Law and Rules;





                                                          87



                             136, by Senator Volker, an act to

                 amend the Penal Law;

                             137, by Senator Volker, an act to

                 amend the Penal Law and the Criminal Procedure

                 Law;

                             200, by Senator Volker, an act to

                 amend the Penal Law;

                             205, by Senator Volker, an act to

                 amend the Criminal Procedure Law;

                             207, by Senator Volker, an act to

                 amend the Criminal Procedure Law, the Public

                 Health Law, and the Family Court Act;

                             208, by Senator Volker, an act to

                 amend the Penal Law and the Criminal Procedure

                 Law;

                             209, by Senator Volker, an act to

                 amend the Penal Law;

                             210, by Senator Volker, an act to

                 amend the Criminal Procedure Law;

                             216, by Senator Volker, an act to

                 amend the Criminal Procedure Law;

                             290, by Senator Alesi, an act to

                 amend the Penal Law;

                             And 368, by Senator Volker, an act

                 to amend the Civil Practice Law and Rules.





                                                          88



                             All bills ordered direct to third

                 reading.

                             THE PRESIDENT:    Without

                 objection, all bills reported direct to third

                 reading.

                             Reports of select committees.

                             Communications and reports from

                 state officers.

                             Motions and resolutions.

                             Senator Skelos.

                             SENATOR SKELOS:    Madam President,

                 I believe there's a resolution, Number 164, at

                 the desk by Senator Maltese.  May we please

                 have it read in its entirety and move for its

                 immediate adoption.

                             THE PRESIDENT:    The Secretary

                 will read.

                             THE SECRETARY:    By Senator

                 Maltese, Legislative Resolution Number 164,

                 memorializing the life of, and celebrating the

                 dedication of the Christ the King Gymnasium in

                 the name of, Father John Savage.

                             "WHEREAS, It is incumbent upon the

                 people of the State of New York to recognize

                 and acknowledge those within our midst who





                                                          89



                 have, in their lifetime, through faithful

                 concern and selfless devotion, made

                 significant contributions to the moral and

                 physical growth of our youth; and

                             "WHEREAS, On Saturday, January 27,

                 2001, the Christ the King Regional High School

                 Alumni Association will dedicate the newly

                 renovated Christ the King Gymnasium in the

                 memory of Father John Savage.

                             "Father John Savage was the beloved

                 Spiritual Director and Athletic Director of

                 Christ the King Regional High School.  In

                 conjunction with the Dedication Ceremony,

                 Christ the King Regional High School's Alumni

                 Basketball Games will take place; and

                             "WHEREAS, On May 30, 1970, John

                 Savage was ordained to the priesthood and

                 assigned to the Parish of Miraculous Medial.

                 Knowing his deep love for the youth of the

                 diocese and his desire to work with teenagers,

                 Bishop Mugavero assigned him as Chaplain and

                 Religion Teacher to Christ the King Diocesan

                 High School in the Fall of 1974; and

                             "WHEREAS, Father John Savage served

                 his new Church family faithfully and guided





                                                          90



                 Christ the King through its transition from a

                 diocesan high school to an independent,

                 regional high school, and he was appointed to

                 the Board of Trustees as an advisor.

                             "Father John Savage continued to

                 serve the school as Spiritual Director,

                 offering daily Mass, hearing confessions,

                 running retreat programs, and offering days of

                 recollection for the students and faculty.

                 His love for athletics led him to be appointed

                 as Athletic Director.

                             "Father John Savage helped develop

                 one of the finest athletics programs among the

                 various high schools of the diocese.  He led

                 Christ the King to national fame with the

                 school's outstanding men's and women's

                 athletic teams; and

                             "WHEREAS, Loving his priesthood and

                 commitment to Jesus Christ and his Church,

                 Father John Savage accepted the invitation of

                 Bishop Mugavero to become the Pastor of

                 St. Jerome's, East Flatbush, Brooklyn.  In

                 January of 1989, he undertook his new

                 assignment while continuing to be Athletic

                 Director at Christ the King.





                                                          91



                             "Father John Savage's love for the

                 Haitian people of St. Jerome's enabled him to

                 learn enough Creole to offer Holy Mass and

                 hear confessions.  The people of St. Jerome's

                 loved their Pastor and were saddened when once

                 again he was called to accept another

                 assignment; and

                             "WHEREAS, In September 1993, Father

                 John Savage accepted his final Parish when he

                 was appointed Pastor of St. Savior's Church in

                 Park Slope by Bishop Daily.  He loved his new

                 assignment and continued to shepherd the

                 people of St. Savior's and carry out his role

                 as Athletic Director with great joy and

                 courage until his death on August 15, 1996;

                 and

                             "WHEREAS, It is the sense of this

                 Legislative Body that when individuals of such

                 noble life accomplishments are brought to our

                 attention, they should be celebrated and

                 recognized by all the citizens of the great

                 State of New York; now, therefore, be it

                             "RESOLVED, That this Legislative

                 Body pause in its deliberations to memorialize

                 the life of, and celebrate the dedication of





                                                          92



                 the Christ the King Gymnasium in the name of,

                 Father John Savage; and be it further

                             "RESOLVED, That a copy of this

                 Resolution, suitably engrossed, be transmitted

                 to Christ the King Regional High School."

                             THE PRESIDENT:    Senator Maltese.

                             SENATOR MALTESE:    Madam

                 President, the resolution speaks for itself.

                             I knew and worked closely with

                 Father Savage for more than 25 years and would

                 simply like to say that his favorite saying,

                 and something that we'll all remember, was

                 "Smile, God loves you."

                             THE PRESIDENT:    The question is

                 on the resolution.  All in favor signify by

                 saying aye.

                             (Response of "Aye.")

                             THE PRESIDENT:    Opposed, nay.

                             (No response.)

                             THE PRESIDENT:    The resolution is

                 adopted.

                             Senator Skelos.

                             SENATOR SKELOS:    Madam President,

                 if we could return to reports of standing

                 committees.





                                                          93



                             THE PRESIDENT:    Reports of

                 standing committees.

                             The Secretary will read.

                             THE SECRETARY:    Senator Goodman,

                 from the Committee on Investigations, Taxation

                 and Government Operations, reports the

                 following bills:

                             Senate Print 134A, by Senator

                 Volker, an act to amend the Tax Law;

                             And Senate Print 792, by the Senate

                 Committee on Rules, an act to amend the Tax

                 Law.

                             Both bills ordered direct to third

                 reading.

                             THE PRESIDENT:    Without

                 objection, both bills ordered direct to third

                 reading.

                             Senator Skelos.

                             SENATOR SKELOS:    Madam President,

                 is there any housekeeping at the desk?

                             THE PRESIDENT:    No, there isn't,

                 Senator.

                             SENATOR SKELOS:    There being no

                 further business, I move we adjourn until

                 Wednesday, January 17th, at 11:00 a.m.





                                                          94



                             THE PRESIDENT:    On motion, the

                 Senate stands adjourned until Wednesday,

                 January 17th, 11:00 a.m.

                             (Whereupon, at 3:15 p.m., the

                 Senate adjourned.)