Regular Session - January 14, 2002

                                                            38







                           NEW YORK STATE SENATE










                          THE STENOGRAPHIC RECORD












                             ALBANY, NEW YORK



                             January 14, 2002



                                 3:21 p.m.











                              REGULAR SESSION















            LT. GOVERNOR MARY O. DONOHUE, President



            STEVEN M. BOGGESS, Secretary











































                                                        39







                           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 please 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,



                 Sunday, January 13, the Senate met pursuant to



                 adjournment.  The Journal of Saturday,



                 January 12, was read and approved.  On motion,



                 Senate adjourned.



                            THE PRESIDENT:    Without



                 objection, the Journal stands approved as



                 read.



                            Senator Skelos.



                            SENATOR SKELOS:    Madam President,











                                                        40







                 there will be an immediate meeting of the



                 Transportation Committee in the Majority



                 Conference Room.



                            THE PRESIDENT:    There will be an



                 immediate meeting of the Transportation



                 Committee in the Majority Conference Room.



                            Presentation of petitions.



                            Messages from the Assembly.



                            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;



                            84, by Senator Hoffmann, an act to



                 amend the Penal Law;



                            210, by Senator Volker, an act to



                 amend the Criminal Procedure Law;



                            852, by Senator Balboni, an act to



                 amend the Penal Law;











                                                        41







                            1450, by Senator Rath, an act to



                 amend the Penal Law;



                            1534, by Senator Johnson, an act to



                 amend the Penal Law;



                            2198, by Senator Wright, an act to



                 amend the Penal Law;



                            2711, by Senator Padavan, an act to



                 amend the Penal Law;



                            3236, by Senator Leibell, an act to



                 amend the Penal Law;



                            3413, by Senator Rath, an act to



                 amend the Penal Law;



                            5793, by Senator Volker, an act to



                 amend the Criminal Procedure Law;



                            5823, by Senator Balboni, an act to



                 amend the Criminal Procedure Law and others;



                            And Senate Print 5849, by Senator



                 Skelos, an act to amend the Penal Law.



                            Senator Seward, from the Committee



                 on Insurance, reports the following bills:



                            Senate Print 4641B, by Senator



                 Seward, an act to amend the Insurance Law;



                            5494, by Senator Seward, an act to



                 amend the Insurance Law;



                            5584, by Senator Seward, an act to











                                                        42







                 amend the Insurance Law;



                            And 6058, by Senator Seward, an act



                 to amend the Insurance Law.



                            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 Maltese.



                            SENATOR MALTESE:    Madam



                 President, I move that the following bills be



                 discharged from their respective committees



                 and be recommitted with instructions to strike



                 the enacting clause:  2679A, 4913A.



                            THE PRESIDENT:    So ordered,



                 Senator.



                            SENATOR MALTESE:    Thank you.



                            THE PRESIDENT:    Senator Skelos.



                            SENATOR SKELOS:    Madam President,



                 there's a privileged resolution, 3745, at the



                 desk, by Senator DeFrancisco.  Could we have











                                                        43







                 it read in its entirety and move for its



                 immediate adoption.



                            THE PRESIDENT:    The Secretary



                 will read.



                            THE SECRETARY:    By Senator



                 DeFrancisco, Legislative Resolution Number



                 3745, congratulating the Onondaga Central



                 Junior-Senior High School Football Team and



                 Coach Bill Spicer on their outstanding season



                 and capture of the Class D New York State



                 Football Championship.



                            "WHEREAS, It is the belief of this



                 Legislative Body that excellence and success



                 in competitive sports can be achieved only



                 through strenuous practice, team play and



                 group spirit, nurtured by dedicated coaching;



                 and



                            "WHEREAS, It is also acknowledged



                 that athletic competition enhances the moral



                 and physical development of the young people



                 of this state, preparing them for the future



                 by instilling in them the value of teamwork,



                 encouraging a standard of healthy living,



                 imparting a desire for success, and developing



                 a sense of fair play and competition; and











                                                        44







                            "WHEREAS, One such team that



                 embodies the traits essential to success in



                 competitive sports is the Onondaga Central



                 Junior-Senior High School Football Team, the



                 'Tigers,' who, through its exceptional



                 teamwork and talents, captured the Class D



                 State Championship Title on December 1, 2001;



                 and



                            "WHEREAS, Climaxing a 13-0 season,



                 the Tigers not only made Onondaga Central



                 Junior-Senior High School League history, but



                 their victory marked the first time since



                 state playoffs began in 1993 that a football



                 team from the OHSL has won a state title; and



                            "WHEREAS, Moreover, Onondaga



                 Central's all-state tailback, sophomore Mike



                 Hart, who scored four touchdowns and rushed 36



                 times for 337 yards in the championship game,



                 broke all state records for most touchdowns,



                 most points, and most running yards in one



                 season; and



                            "WHEREAS, The athletic talent and



                 superb spirit displayed by this outstanding



                 team is due in great part to the efforts of



                 Coach Bill Spicer, and his able assistant











                                                        45







                 coaches, Paul Taylor, Jeff Pierce, Rick



                 Bailey, and Victor Zampetti.  Also to be



                 commended are volunteer coaches Dave Pierce



                 and Sean Colfer; and



                            "WHEREAS, The team members are:



                 Chad Amidon, Robert Bailey, Kyle Borne, Ricky



                 Bova, Tom Brownell, Marty Brunner, Travis



                 Burton, Donald Cummings, Jacob Cummings, Mac



                 Cushing, Joe DelVecchio, Cory Dill, Andrew



                 Flynn, Caleb Golembiewski, Adam Goodman,



                 Justin Graham, Mike Hart, Travis Hass, Ryan



                 Hotaling, Aaron Johnson, Adam Legg, Pete



                 Majewski, John Manley, Kyle Martin, Chris



                 Mayotte, Mike McAuliffe, Pat Neuman, Carl



                 Runge, Paul Runge, James Sanford, Jesse



                 Schneider, Matt Scriber, Hodges Sneed, Brandon



                 VanSlyke, Kurt Wasilewski, Jon Whipple, Dan



                 Willis, and Shane Zehr; and



                            "WHEREAS, In both athletics and



                 school spirit, these team members have proven



                 themselves to be an outstanding combination of



                 talents, reflecting favorably upon their



                 school, their parents, their friends, and



                 their community; now, therefore, be it



                            "RESOLVED, That this Legislative











                                                        46







                 Body pause in its deliberations to



                 congratulate the Onondaga Central



                 Junior-Senior High School Football Team, and



                 Coach Bill Spicer and his staff, on their



                 successful season, overall team record, and



                 capture of the New York State Boys Class D



                 Championship; and be it further



                            "RESOLVED, that copies of this



                 resolution, suitably engrossed, be transmitted



                 to the Onondaga Central Junior-Senior High



                 School Football Team and to Coach Bill



                 Spicer."



                            THE PRESIDENT:    Senator



                 DeFrancisco.



                            SENATOR DeFRANCISCO:    Thank you,



                 Madam President.



                            I am very, very proud to rise and



                 congratulate this fine team, these wonderful



                 gentlemen; they're here with us.  It's just an



                 incredible record, a perfect record -- I wish



                 we had a perfect record here, or somewhat



                 perfect -- a perfect record, and winning a



                 state championship is just an outstanding



                 accomplishment.  And from what I hear from the



                 coach, they're also outstanding young men and











                                                        47







                 will be leaders of the future in our



                 community.



                            It was read, the whole resolution



                 was read, but since the numbers weren't read,



                 I thought some of you -- especially Senator



                 Stachowski will appreciate this, being an



                 old -- not an old football player, but a



                 former football player in college.



                            An all-state record for Mike Hart,



                 sophomore:  51 touchdowns, most touchdowns;



                 most points, 312; and most running yards 



                 3,341 -- in one season.  That has something to



                 do with an offensive line.  And the fact that



                 the defensive team could stop the other team



                 resulted in a 13 and 0 record.



                            I got to meet some of these



                 gentlemen, or all of them, some of them a



                 little bit better than others, as we had a



                 luncheon this afternoon.  And I'll tell you, I



                 second what the coach has said.  These are



                 fine young men who are going to do great



                 things.



                            Thank you for being with us.  Make



                 sure that you keep following the rules you're



                 learning in competitive sports.  You can't do











                                                        48







                 it alone, but together you can do anything you



                 want to do.



                            Thank you for coming.



                            THE PRESIDENT:    Senator



                 Stachowski.



                            SENATOR STACHOWSKI:    Madam



                 President.



                            John, you were right the first



                 time; "old" is the proper term.



                            I just also would like to rise on



                 behalf of our side to congratulate these young



                 men.  It takes a lot to be undefeated.  It



                 takes a lot to win a state championship.  And



                 it takes a lot to have a great running back,



                 because the linemen have to work so hard to



                 make sure he's got holes to get through,



                 besides the God-given natural talent that he



                 has.



                            So I'd just like to add my



                 congratulations.  And also congratulations to



                 the coaching staff, whose hard work and



                 dedication prepared these young men to have



                 the great season that they had.



                            Thank you.



                            THE PRESIDENT:    Senator Hoffmann.











                                                        49







                            SENATOR HOFFMANN:    I'd like to



                 rise and join my colleagues in congratulating



                 these outstanding young men, and thank Senator



                 DeFrancisco for being kind enough to bring



                 them to the Capitol today so that they could



                 be here for everybody to meet and greet and



                 congratulate them.



                            They're a group of people who have



                 defeated some of the teams in my Senate



                 district.  Our districts adjoin each other.



                 And although I don't represent any of this



                 particular group, I know that I represent some



                 of their adversaries.  And the people that you



                 vanquished on the playing field would also



                 join me in sending their congratulations



                 today, because it's good sportsmanship that we



                 all want to remember when the game is over.



                            We hope that you recognize today



                 that you have the admiration and the respect



                 of all of the people in this room.  We engage



                 in our own little activities -- not on the



                 sporting field, but at election time -- and



                 try to put those things beside us afterwards



                 to go on to practice good citizenship.  And we



                 hope out of this visit today that you'll all











                                                        50







                 remember that throughout your lives ahead.



                            Congratulations, gentlemen.



                            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



                 hereby adopted.



                            As President of the Senate and on



                 behalf of the Senate, I want to congratulate



                 the football team on your outstanding



                 accomplishments and your team playing that has



                 led you already to so much success.  We know



                 that that team-playing atmosphere and your



                 achievements will serve you well in all you do



                 in life.



                            Best wishes to all of you.



                            (Applause.)



                            THE PRESIDENT:    Senator Rath.



                            SENATOR RATH:    Madam President,



                 there will be an immediate meeting of the



                 Rules Committee in the Senate Majority



                 Conference Room.











                                                        51







                            THE PRESIDENT:    There will be an



                 immediate meeting of the Rules Committee in



                 the Majority Conference Room.



                            Senator Rath.



                            SENATOR RATH:    There is a



                 privileged resolution at the desk by Senator



                 Morahan.  May we have the title read, please.



                            THE PRESIDENT:    The Secretary



                 will read.



                            THE SECRETARY:    By Senator



                 Morahan, Legislative Resolution Number 3746,



                 paying tribute to New York State members of



                 the Veterans of Foreign Wars upon the occasion



                 of the visit of their representatives to the



                 State Capitol, Albany, New York, on Monday,



                 January 14, 2002.



                            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 Rath.



                                                        52







                            SENATOR RATH:    Madam President,



                 if we can return to the reports of standing



                 committees, I believe there is a



                 Transportation Committee report at the desk.



                            THE PRESIDENT:    Reports of



                 standing committees.



                            The Secretary will read.



                            THE SECRETARY:    Senator Trunzo,



                 from the Committee on Transportation, reports



                 the following bills:



                            Senate Print 6070, by Senator



                 Marcellino, an act to amend the Highway Law;



                            And Senate Print 6027, by Senator



                 Seward, an act to amend Chapter 569 of the



                 Laws of 1981.



                            Both bills ordered direct to third



                 reading.



                            THE PRESIDENT:    Without



                 objection, all bills ordered direct to third



                 reading.



                            Senator Rath.



                            SENATOR RATH:    Madam President,



                 if we could stand at ease for the moment.



                 Thank you.



                            THE PRESIDENT:    The Senate is at











                                                        53







                 ease.



                            (Whereupon, the Senate stood at



                 ease at 3:35 p.m.)



                            (Whereupon, the Senate reconvened



                 at 3:39 p.m.)



                            THE PRESIDENT:    The Senate will



                 please come to order.



                            Senator Bruno.



                            SENATOR BRUNO:    Madam President,



                 can we ask for an immediate meeting of the



                 Local Government Committee in Room 332.



                            THE PRESIDENT:    There will be an



                 immediate meeting of the Local Government



                 Committee in Room 332.



                            Senator Bruno.



                            SENATOR BRUNO:    Madam President,



                 can we at this time take up Senate 6070.



                            THE PRESIDENT:    The Secretary



                 will read Senate Bill 6070.



                            THE SECRETARY:    Calendar Number



                 1, by Senator Marcellino, Senate Print 6070,



                 an act to amend the Highway Law, in relation



                 to designating a portion of the state highway



                 system as the Ralph J. Marino Expressway.



                            THE PRESIDENT:    Senator Bruno.











                                                        54







                            SENATOR BRUNO:    Thank you, Madam



                 President.



                            The bill that we have before us



                 will be renamed in the honor of our immediate



                 predecessor as majority leader, Ralph Marino.



                 It's the Seaford-Oyster Bay State Road that is



                 being renamed in his honor.



                            And I don't have to remind anyone



                 in this chamber and anyone that is aware of an



                 honor like this being bestowed how deserving



                 it is.  Senator Marino, as a senator,



                 distinguished himself in this chamber.  As a



                 leader, he led in some landmark legislation



                 that affects not only his constituency but



                 people throughout this entire state.  So the



                 work that he has done as a legislator is a



                 legacy all its own.



                            And we're fortunate that we in this



                 chamber can be voting on something like this



                 and bestowing such an honor at this time in



                 our previous leader's life.



                            So I am proud to speak on its



                 behalf and ask that all of my colleagues and



                 all of you that are sponsoring or want to



                 sponsor this legislation, we'll just take you











                                                        55







                 as part of what is happening here today.  And



                 Senator Marcellino, who has followed in that



                 district, is carrying this legislation.



                            And I want to just say to Ralph's



                 wife, Ethel, and his children -- Judith,



                 James, and Bob -- that they have all been part



                 of what goes on in his legislative life, just



                 like our families are part of our lives, and



                 this is a credit to the entire family.



                            Thank you, Madam President.



                            THE PRESIDENT:    Senator



                 Marcellino.



                            SENATOR MARCELLINO:    Thank you,



                 Madam President.



                            Senator Marino is a good friend.



                 He has been a good friend to everybody who he



                 served with during his tenure in the Senate,



                 more than 25 years as a senator, and since



                 1989 as the majority leader prior to the



                 current majority leader, Joe Bruno.



                            Ralph had a very warm, caring 



                 has a very warm and caring personality.  He is



                 suffering from cancer right now and is in a



                 fight, and we all wish him well and keep him



                 in our prayers constantly.











                                                        56







                            He is well liked in the district to



                 this day.  He can't walk down a street without



                 getting people stopping him constantly, asking



                 him how are things going.  And although my



                 press person assures me otherwise, there are



                 still several people in the district who still



                 think he's the senator for the Fifth Senate



                 District on Long Island.  But I've been



                 working hard to overcome that.



                            When I first met Ralph, he was not



                 the majority leader, he was just a senator.



                 And I had run for town office, and Ralph said,



                 "Good job, it's a good stepping stone.  Keep



                 it up."  You know, "You're the kind of guy we



                 want up here, the kind of guy we want in the



                 Senate one day."



                            Sometime later he was majority



                 leader and I was a candidate for countywide



                 office, and I lost the election by some 500



                 votes out of a half a million cast.  And I



                 came up in a meeting and Ralph took me aside



                 and he said to me, he says, "Listen," he says,



                 "There's more time, and there's life after



                 defeat."  He says, "There's plenty of time to



                 come back."  He says, "I've lost elections











                                                        57







                 too.  I came back.  You'll do the same."



                            He's a good man, a caring person



                 who led this chamber well.  His chief



                 legislation for open government, one of his



                 chief concerns; creator of the FOIL, Freedom



                 of Information Act, RICO law, and many other



                 landmark pieces of legislation in his tenure



                 in the Senate.



                            Renaming a road -- the



                 Seaford-Oyster Bay Expressway, as we know it,



                 will be called the Ralph J. Marino Expressway



                 effective as soon as this bill is passed and



                 signed into law, and we know it will be -- is



                 an honor that Ralph appreciates.  He's aware



                 of it.  I spoke to Ethel this morning and



                 she's very pleased, as is the senator.



                            So, ladies and gentlemen, keep



                 Ralph in your prayers.  And I know his wishes



                 are with us, his thoughts are with us



                 constantly.  His current law office is just



                 down the hall from mine, and he drops in



                 routinely.  And I've called on him on a number



                 of occasions for issues and concerns and his



                 advice on local issues.



                            And he comes in every once in a











                                                        58







                 while and says, "What's going on up in Albany?



                 Give me the facts.  Give me the some of the



                 stuff," and we sit down and have a good



                 meeting.  So he's never left this place out of



                 his thinking and I am sure never forgot



                 anybody here who he served with and never



                 will.



                            So it is a pleasure to have this



                 done as the first bill of this session, of the



                 new session, to honor a man I consider to be a



                 good friend and a true prototype of what a



                 senator should be all about and, as we would



                 say on the North Shore, a true gentleman.



                            Thank you, Madam President.



                            THE PRESIDENT:    Senator Connor.



                            SENATOR CONNOR:    Thank you, Madam



                 President.



                            Madam President, I rise to add on



                 behalf of my colleagues on this side of the



                 aisle our support for this measure and our



                 best wishes to Ralph Marino and his family.



                 And certainly our prayers are with him.



                            I served -- as the senior member in



                 service on this side of the aisle, I served



                 with Ralph for many years.  A long time ago my











                                                        59







                 office in the old State Office Building at 270



                 Broadway was right next door to the office



                 that Ralph had when he was the chair of the 



                 I guess it was the Commission on Crime or the



                 Crime Commission, whatever they called it



                 then.  And he took that responsibility quite



                 seriously and was there quite often.  We'd



                 stop in and say hi.  We were neighbors.



                            He also sometimes would stop in.  A



                 little quirk in the civil rights bill requires



                 that before they could swear a witness there,



                 they had to have at least a member of both the



                 minority and the majority present.  So many a



                 time Ralph would stop by and say, to this



                 young senator who was his next-door neighbor,



                 "Would you do me a favor?  Would you come on



                 in?  We have a witness that we want to swear,



                 take testimony from, and I need a Democrat



                 there."  And I would do it.



                            So we had many occasions, both in



                 business and just chatting as colleagues.  And



                 I always regarded Ralph as a friend, still



                 regard him as a friend.



                            And we all wish him well and our



                 prayers are with him, with Ethel, and with his











                                                        60







                 family.



                            Thank you, Madam President.



                            THE PRESIDENT:    Senator LaValle.



                            SENATOR LAVALLE:    Yes, Madam



                 President.  I rise to support this legislation



                 naming the Seaford-Oyster Bay Expressway the



                 Ralph J. Marino Expressway.



                            Ralph started his career in



                 government as a councilman in the town of



                 Oyster Bay and certainly served there for



                 many, many years before coming to the State



                 Senate.



                            As I recall, going back in history,



                 there was a proposal early on in Senator



                 Marino's career in which Governor Rockefeller



                 wanted to extend the Seaford-Oyster Bay



                 Expressway to build a bridge across the sound



                 to Rye, naming that bridge the Rye-Oyster Bay



                 Expressway Bridge.  And of course his



                 constituents at the time vehemently opposed



                 that extension.



                            So this highway, the Seaford-Oyster



                 Bay Expressway, was something that was very



                 central in his both governmental and political



                 life.  So it is very, very fitting that today











                                                        61







                 this body pass this legislation designating



                 this highway that occupied so much of the



                 energy and time of a member of this body.



                            And, of course, in recognizing, as



                 Senator Bruno indicated, his role not only on



                 Long Island but statewide in serving in this



                 body as both a member and as its majority



                 leader.



                            Thank you, Madam President.



                            THE PRESIDENT:    Senator Volker.



                            SENATOR VOLKER:    Madam President,



                 thank you very much.



                            I want to rise also to support this



                 legislation and, as Senator LaValle said and



                 Senator Bruno, Senator Connor, I too knew



                 Ralph extremely well and have remained in



                 contact with him.  And he has had a difficult



                 period.



                            This bridge, the bridge issue that



                 Senator LaValle talked about, Ralph used to



                 say that he and I sort of cut our teeth on



                 similar positions.  Ralph cut his teeth on



                 opposing a major proposal from Nelson



                 Rockefeller, and so did I.  And in fact,



                 that's a major reason why I'm in the Senate,











                                                        62







                 because the governor and I fought over a



                 couple of issues and he had more power than I



                 did.



                            But in any case, I just want to say



                 to the body that Ralph Marino was a fine



                 gentleman, a quiet, soft-spoken guy who



                 probably was the kind of person that typified



                 his constituents, it seems to me, as much as



                 any person that previously had served from



                 Long Island.  He knew his constituents, he



                 knew Long Island.  He fought very hard for a



                 great many issues.  And I think it's really



                 something that is in keeping with he as the



                 gentleman he is that his name should be put on



                 a highway.



                            When I was down on Long Island not



                 too long ago, I was driving out toward the end



                 of the island, and there is a highway out



                 there named for former Senate Norman Levy.



                 And I couldn't help but think that we have had



                 and still remain having some of the best



                 legislators I think in Long Island history in



                 this house right now and in the place of Ralph



                 Marino.  And I think this legislation just



                 points out the fact that he was a great











                                                        63







                 legislator and a fine gentleman.



                            THE PRESIDENT:    Does any other



                 member wish to be heard on this bill?



                            Senator Skelos.



                            SENATOR SKELOS:    Madam President,



                 thank you very much.



                            And I want to thank Senator



                 Marcellino for introducing this legislation.



                            You know, like anything in life, at



                 times there are differences of opinion between



                 members, and certainly on legislation and



                 other parts of our life, but it doesn't



                 necessarily mean that you not have a



                 tremendous amount of respect for the ability



                 of that person as a legislator.



                            Ralph Marino was an excellent



                 legislator.  In the area of crimes and



                 correction, in the area of banks, he was an



                 innovator.  I believe my colleagues have



                 spoken about some of his initiatives.  Whether



                 it's open meeting laws, breathing fresh air



                 into our lives and so many other lives in



                 government, Ralph was at the forefront.



                            Ralph right now is struggling.  He



                 is having a difficult time.  But it is our











                                                        64







                 hope that he will have a full recovery, be



                 able to continue his life with the family that



                 he loves so much, his wife, his children, his



                 grandchildren.



                            And nothing can be better done for



                 Ralph right now than to name the



                 Seaford-Oyster Bay the Ralph J. Marino



                 Expressway, because certainly there is a



                 political history that exists with that



                 expressway.  For those of you who have



                 traveled north on it, it just stops around the



                 Woodbury area.  And there is a story out



                 there -- I don't know whether it's true or



                 not -- but that a number of years ago, between



                 Ralph Marino and Joe Reilly, whenever there



                 would appear to be a difficult election



                 coming, that Governor Rockefeller would



                 announce a bridge was going to be built from



                 the end of the Seaford-Oyster Bay Expressway



                 to Connecticut -- right, Marty?  And Marino



                 and Reilly would stop it, and it would be a



                 great November.



                            Now, I don't know if that story is



                 true.  But there is a political history,



                 certainly a personal history to the











                                                        65







                 Seaford-Oyster Bay Expressway.



                            And, Carl, I want to thank you for



                 this legislation today.  Certainly Ralph is



                 most deserving of it.



                            THE PRESIDENT:    Senator



                 Marcellino.



                            SENATOR MARCELLINO:    Madam



                 President, can we open the resolution to all



                 members of the house unless otherwise



                 requested.



                            THE PRESIDENT:    If any member



                 does not want their name on this resolution



                 they'll please 



                            SENATOR CONNOR:    Bill.



                            THE PRESIDENT:    -- this bill,



                 they'll please notify the desk.



                            Senator Connor.



                            SENATOR CONNOR:    Yes, thank you,



                 Madam President.



                            Since this is a bill, can we waive



                 buck-slipping it and the formal procedures, if



                 it's all right with the clerk, and add all the



                 Democrats?  Thank you.



                            Thank you.



                            THE PRESIDENT:    Senator Bruno.











                                                        66







                            SENATOR BRUNO:    Yes, we can,



                 Madam President.



                            THE PRESIDENT:    All members will



                 be sponsors of this legislation.



                            SENATOR CONNOR:    Thank you.



                            THE PRESIDENT:    Senator Alesi.



                            SENATOR ALESI:    Thank you, Madam



                 President.



                            After listening to my colleagues



                 here, it strikes me that I never had the honor



                 or privilege of serving in the Senate when



                 Senator Marino was here.  But I'm very pleased



                 to hear the accolades that I'm sure are so



                 applicable to this great senator, primarily



                 because, as a cosponsor of this legislation, I



                 recently hired a young man from SUNY Geneseo



                 who only just a few days ago it became known



                 to me is the nephew of Senator Marino.



                            And so I'm very pleased to have the



                 opportunity for him to be sitting behind me



                 here today listening to these accolades and



                 this resolution.



                            THE PRESIDENT:    Does any other



                 member wish to be heard?



                            Read the last section.











                                                        67







                            THE SECRETARY:    Section 3.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 56.



                            THE PRESIDENT:    The bill is



                 passed.



                            Senator Bruno.



                            SENATOR BRUNO:    Madam President,



                 can we ask for an immediate meeting of the



                 Education Committee in the Majority Conference



                 Room, followed immediately by a meeting of the



                 Higher Education Committee in the same room.



                            Thank you.



                            THE PRESIDENT:    There will be an



                 immediate meeting of the Education Committee



                 in the Majority Conference Room, followed by a



                 meeting of the Higher Education Committee in



                 the Majority Conference Room.



                            Senator Bruno.



                            SENATOR BRUNO:    Madam President,



                 can we at this time return to the reports of



                 standing committees.  I believe there are some



                 reports at the desk from standing committees.



                 I'd ask that they be reported at this time.











                                                        68







                            THE PRESIDENT:    Reports of



                 standing committees.



                            The Secretary will read.



                            THE SECRETARY:    Senator Bruno,



                 from the Committee on Rules, reports the



                 following bill direct to third reading:



                            Senate Print 6040, by Senator



                 Volker, an act to amend the Tax Law.



                            THE PRESIDENT:    Senator Bruno.



                            SENATOR BRUNO:    Move to accept



                 the report of the Rules Committee.



                            THE PRESIDENT:    The motion is to



                 accept the report of the Rules Committee.  All



                 in favor signify by saying aye.



                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The motion is



                 passed.



                            The Secretary will read.



                            THE SECRETARY:    Senator Rath,



                 from the Committee on Local Government,



                 reports the following bills:



                            Senate Print 1094, by Senator



                 Volker, an act to amend the Real Property Tax











                                                        69







                 Law;



                            1422, by Senator LaValle, an act to



                 amend the General Municipal Law;



                            1533, by Senator Volker, an act



                 authorizing;



                            2131, by Senator Seward, an act to



                 amend the Town Law;



                            2499A, by Senator Leibell, an act



                 to amend the Real Property Tax Law;



                            2589, by Senator LaValle, an act to



                 amend Chapter 554 of the Laws of 1996;



                            3560, by Senator McGee, an act to



                 amend the General Municipal Law;



                            3676, by Senator Rath, an act to



                 amend the Real Property Tax Law;



                            4095, by Senator Rath, an act to



                 amend the Local Finance Law;



                            And 4339, by Senator McGee, an act



                 to amend the Real Property Tax Law.



                            All bills ordered direct to third



                 reading.



                            THE PRESIDENT:    Without



                 objection, all bills ordered direct to third



                 reading.



                            Senator Bruno.











                                                        70







                            SENATOR BRUNO:    Madam President,



                 is there any housekeeping left at the desk?



                            THE PRESIDENT:    No, there isn't,



                 Senator.



                            SENATOR BRUNO:    Thank you, Madam



                 President.



                            Madam President, I would ask that



                 we stand at ease pending the reports of the



                 standing committees that are presently



                 meeting.



                            THE PRESIDENT:    The Senate stands



                 at ease.



                            (Whereupon, the Senate stood at



                 ease at 4:00 p.m.)



                            (Whereupon, the Senate reconvened



                 at 4:30 p.m.)



                            ACTING PRESIDENT MEIER:    Senator



                 Larkin.



                            SENATOR LARKIN:    Mr. President,



                 can we return to reports of standing



                 committees.



                            ACTING PRESIDENT MEIER:    Reports



                 of standing committees.



                            The Secretary will read.



                            THE SECRETARY:    Senator Kuhl,











                                                        71







                 from the Committee on Education, reports the



                 following bills:



                            Senate Print 110A, by Senator



                 Marcellino, an act to amend the Education Law;



                            424, by Senator Skelos, an act to



                 amend the Education Law;



                            426, by Senator Skelos, an act to



                 amend the Education Law;



                            473A, by Senator Alesi, an act to



                 amend the Education Law;



                            And 2878B, by Senator Morahan, an



                 act authorizing.



                            Senator LaValle, from the Committee



                 on Higher Education, reports:



                            Senate Print 4889, by Senator



                 LaValle, an act to amend the Education Law;



                            6042, by Senator LaValle, an act to



                 amend the Education Law;



                            And 6043, by Senator LaValle, an



                 act to amend the Education Law.



                            All bills ordered direct to third



                 reading.



                            ACTING PRESIDENT MEIER:    Without



                 objection, all bills directly to third



                 reading.











                                                        72







                            Senator Larkin.



                            SENATOR LARKIN:    Is there any



                 housekeeping?



                            ACTING PRESIDENT MEIER:    There is



                 none.



                            SENATOR LARKIN:    There being no



                 further business, I move we adjourn until



                 Tuesday, January the 15th, at 11:00 a.m.



                            ACTING PRESIDENT MEIER:    On



                 motion, the Senate stands adjourned until



                 Tuesday, January 15th, at 11:00 a.m.



                            (Whereupon, at 4:31 p.m., the



                 Senate adjourned.)