Regular Session - February 12, 2002

                                                            636







                           NEW YORK STATE SENATE











                          THE STENOGRAPHIC RECORD



















                             ALBANY, NEW YORK



                             February 12, 2002



                                11:03 a.m.











                              REGULAR SESSION















            LT. GOVERNOR MARY O. DONOHUE, President



            STEVEN M. BOGGESS, Secretary



































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                           P R O C E E D I N G S



                            ACTING PRESIDENT FUSCHILLO:    The



                 Senate will 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.)



                            ACTING PRESIDENT FUSCHILLO:    In



                 the absence of clergy, will you bow your heads



                 for a moment of silence, please.



                            (Whereupon, the assemblage



                 respected a moment of silence.)



                            ACTING PRESIDENT FUSCHILLO:



                 Reading of the Journal.



                            THE SECRETARY:    In Senate,



                 Monday, February 11, the Senate met pursuant



                 to adjournment.  The Journal of Friday,



                 February 8, was read and approved.  On motion,



                 Senate adjourned.



                            ACTING PRESIDENT FUSCHILLO:



                 Without objection, the Journal stands approved



                 as read.



                            Presentation of petitions.



                            Messages from the Assembly.











                                                        638







                            Messages from the Governor.



                            Reports of standing committees.



                            Reports of select committees.



                            Communications and reports from



                 state officers.



                            Motions and resolutions.



                            Senator Farley.



                            SENATOR FARLEY:    Thank you, Mr.



                 President.



                            I wish to call up Senator Maltese's



                 bill, Senate Print 1854, which was recalled



                 from the Assembly, which is now at the desk.



                            ACTING PRESIDENT FUSCHILLO:    The



                 Secretary will read.



                            THE SECRETARY:    Calendar Number



                 90, by Senator Maltese, Senate Print 1854, an



                 act to amend the Vehicle and Traffic Law.



                            SENATOR FARLEY:    Mr. President, I



                 now move to reconsider the vote by which this



                 bill passed and ask that the bill be restored



                 to the order of third reading.



                            ACTING PRESIDENT FUSCHILLO:    The



                 Secretary will call the roll on



                 reconsideration.



                            (The Secretary called the roll.)











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                            THE SECRETARY:    Ayes, 40.



                            SENATOR FARLEY:    I now move to



                 recommit Senate Print 1854, Calendar Number



                 90, on the order of third reading, to the



                 Committee on Transportation, with instructions



                 to strike the enacting clause.



                            ACTING PRESIDENT FUSCHILLO:    So



                 ordered.



                            SENATOR BRUNO:    Mr. President.



                            ACTING PRESIDENT FUSCHILLO:



                 Senator Bruno.



                            SENATOR BRUNO:    Can we at this



                 time adopt the Resolution Calendar, with the



                 exception of Resolution 4045.



                            ACTING PRESIDENT FUSCHILLO:    All



                 those in favor of adopting the Resolution



                 Calendar, with the exception of Resolution



                 4045, signify by saying aye.



                            (Response of "Aye.")



                            ACTING PRESIDENT FUSCHILLO:



                 Opposed, nay.



                            (No response.)



                            ACTING PRESIDENT FUSCHILLO:    The



                 Resolution Calendar is adopted.



                            Senator Bruno.











                                                        640







                            SENATOR BRUNO:    Mr. President.



                            ACTING PRESIDENT FUSCHILLO:



                 Senator Bruno.



                            SENATOR BRUNO:    I believe that



                 there are two privileged resolutions by the



                 esteemed Senator Morahan.  I would ask that



                 the titles be read and move for their



                 immediate adoption.



                            ACTING PRESIDENT FUSCHILLO:    The



                 Secretary will read.



                            Senator Bruno.



                            SENATOR BRUNO:    Mr. President, I



                 understand that we may be a little bit ahead



                 of ourselves and that the resolutions are not



                 presently at the desk.



                            But I believe that there is a



                 privileged resolution at the desk by Senator



                 Leibell.  I would ask that the title be read



                 and move for its immediate adoption.



                            ACTING PRESIDENT FUSCHILLO:    The



                 Secretary will read.



                            THE SECRETARY:    By Senator



                 Leibell, Legislative Resolution Number 4051,



                 commending Detective Randall J. Tompkins for



                 32 years of distinguished service to the Town











                                                        641







                 of Carmel Police Department.



                            ACTING PRESIDENT FUSCHILLO:    The



                 question is on the resolution.  All in favor



                 signify by saying aye.



                            (Response of "Aye.")



                            ACTING PRESIDENT FUSCHILLO:



                 Opposed, nay.



                            (No response.)



                            ACTING PRESIDENT FUSCHILLO:    The



                 resolution is adopted.



                            Senator Bruno.



                            THE PRESIDENT:    Senator Farley.



                            SENATOR FARLEY:    Thank you, Madam



                 President.



                            On behalf of Senator Bruno and



                 myself, we have a very distinguished military



                 person here, Major General Michael R. Van



                 Patten, and we're recognizing him here today



                 on the occasion of his retirement as the



                 Commander of the New York State National



                 Guard.



                            General Van Patten has dedicated



                 his life to serving and protecting the people



                 of this state.  His many accomplishments in



                 the military field speak to his dedication and











                                                        642







                 commitment, and his many honors and medals



                 highlight his willingness to go beyond the



                 call of duty.



                            In addition to his service in the



                 New York Army National Guard, General Van



                 Patten's willingness to educate and help shape



                 the minds of our nation's youth -- as a



                 professor at Siena College, he imparts



                 positive ideals and education that they



                 desperately need.



                            General Van Patten, we salute you



                 for all your efforts.  New York's National



                 Guard and the whole state is in better shape



                 now, thanks to you.  And we're very grateful.



                            We wish you well on your retirement



                 and many happy and healthy days with your



                 wife, Judee, who is here, and your daughters,



                 Kelly and Brittany.



                            Let me just say, as an aside,



                 General Van Patten was a Schenectady native



                 for many, many years, served on Metroplex, was



                 very, very active in the community.  But he



                 moved to where the power is now, up in Senator



                 Bruno's district in Clifton Park.  And -- but



                 let me just say, he's made quite an impression











                                                        643







                 in Schenectady.



                            And we're delighted and honored --



                 he's a personal friend of mine and his family,



                 and we're delighted to have him here today.



                            And with that, I'm going to yield



                 to our distinguished Majority Leader, who is



                 the sponsor of this resolution.



                            THE PRESIDENT:    Senator Bruno.



                            SENATOR BRUNO:    Thank you very



                 much, Senator Farley, Madam President.



                            I believe that we have, I and



                 Senator Farley, a privileged resolution that



                 is at the desk.  I would ask that at this time



                 it be read in its entirety, move for its



                 immediate adoption, and then we'll make some



                 comments.



                            THE PRESIDENT:    That's correct,



                 Senator Bruno.



                            The Secretary will read.



                            THE SECRETARY:    By Senator Bruno,



                 Legislative Resolution Number 4045, honoring



                 Major General Michael R. Van Patten upon his



                 retirement as Commander of the New York Army



                 National Guard.



                            "WHEREAS, The State of New York











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                 takes great pride in acknowledging significant



                 milestones in the distinguished careers of its



                 esteemed residents; and



                            "WHEREAS, Major General Michael R.



                 Van Patten will be honored at the Hall of



                 Springs on February 23, 2002, upon his



                 well-deserved retirement as Commander of the



                 New York Army National Guard; and



                            "WHEREAS, He earned a bachelor's



                 degree in accounting from Siena College and a



                 master's degree in accounting from the State



                 University of New York at Albany; and



                            "WHEREAS, Major General Van Patten



                 also graduated from the Army Command and



                 General Staff College and the Army War



                 College.  He is a professor at Siena College



                 and operates his own accounting practice; and



                            "WHEREAS, General Van Patten



                 enlisted in the New York Army National Guard



                 on November 3, 1965.  He was commissioned a



                 Second Lieutenant of Ordnance upon his



                 graduation from the Empire State Military



                 Academy in July 1968.



                            "Lieutenant Van Patten was then



                 assigned as Platoon Leader, Company A, 727











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                 Maintenance Battalion; and



                            "WHEREAS, In January 1974 he was



                 transferred to Supply Officer, 205th Support



                 Group, and promoted to Captain; and



                            "WHEREAS, Captain Van Patten



                 assumed command of the 727 Maintenance Company



                 in June 1975, and served as Chemical Plans and



                 Operations Officer, 27th Support Center, Radio



                 and Television Officer, 138th Public Affairs



                 Detachment, and S-4 (Logistics) 205th Support



                 Group; and



                            "WHEREAS, He was promoted to the



                 rank of Major in November 1983, and was



                 transferred to Headquarters, Troop Command, as



                 G-4, and later as Assistant Chief of Staff;



                 and



                            "WHEREAS, In December 1988 he was



                 promoted to the rank of Lieutenant Colonel and



                 transferred to the 42nd Infantry Division as



                 G-4.



                            "He was promoted to Colonel in



                 July 1993, and assumed command of the 42nd



                 DISCOM; and



                            "WHEREAS, in October 1995 Colonel



                 Van Patten became the Director of the











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                 Department of Military and Naval Affairs



                 Initiatives Group; and



                            "WHEREAS, he was promoted Brigadier



                 General and was assigned as the Commanding



                 General, 53rd Troop Command, in January 1998;



                 and



                            "WHEREAS, In December 1998 he was



                 reassigned as Commander of the New York Army



                 National Guard; and



                            "WHEREAS, He was promoted to the



                 prestigious rank of Major General in



                 December 1999; and



                            "WHEREAS, Major General Van Patten



                 has been decorated with the Meritorious



                 Service Medal with one Oak Leaf Cluster, the



                 Army Commendation Medal with one Oak Leaf



                 Cluster, the Army Achievement Medal, the Army



                 Reserve Component Achievement Medal with five



                 Oak Leaf Clusters, the National Defense



                 Service Medal, the Armed Forces Reserve Medal



                 with one Oak Leaf Cluster, and the Army

                 Service Ribbon; and



                            "WHEREAS, He and his wife, Judee,



                 are the proud parents of Kelly and Brittany



                 Van Patten; and











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                            "WHEREAS, Major General Van Patten



                 has announced his retirement as Commander of



                 the New York Army National Guard after serving



                 over 36 years in the New York Army National



                 Guard; and



                            "WHEREAS, His patriotism,



                 leadership, expertise, and dedication have



                 been tremendous assets to the New York Army



                 National Guard and a wonderful inspiration for



                 his colleagues; now, therefore, be it



                            "RESOLVED, That this Legislative



                 Body pause in its deliberations to



                 congratulate Major General Michael Van Patten



                 upon his well-deserved retirement from the New



                 York Army National Guard, and to thank him for



                 his dedicated service; and be it further



                            "RESOLVED, That a copy of this



                 resolution, suitably engrossed, be transmitted



                 to Major General Michael Van Patten."



                            THE PRESIDENT:    Senator Bruno, on



                 the resolution.



                            SENATOR BRUNO:    On the



                 resolution, Madam President.  Thank you.



                            I am proud that General Van Patten



                 is a constituent of mine now -- just as proud











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                 as Senator Farley is that he enjoyed his



                 residency -- along with his wife, Judee, and



                 daughters, Kelly and Brittany, and add my



                 welcome to the chamber here and add my



                 congratulations.



                            We've heard a litany that was read



                 in a couple of minutes about a life that was



                 in the military over 37 years, and related in



                 a few minutes.  But as you listen, you can't



                 help but respect and admire the commitment and



                 the dedication of your life over the last



                 years in serving the public in ways that were



                 truly above and beyond what would be a normal



                 call to duty.



                            In disasters here in the state, in



                 whatever ways that the National Guard could



                 respond, the General was there with the



                 troops.  And when people are troubled, the



                 greatest comfort that they can have is to know



                 that there are people like General Van Patten,



                 and the troops that he commands, that are



                 ready and willing and extremely able to defend



                 and to protect and create a comfort level for



                 all of us.



                            So we're indebted to you for your











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                 military service.  And we're also indebted to



                 you that you, in your life, a busy life, teach



                 as a professor there at Siena, as a role model



                 for young people who are going through that



                 fine institution that will make their way in



                 life.  And you have been just a shining



                 example.



                            And the good thing is that you're



                 young enough and healthy enough, with your



                 beautiful wife and family, to continue to



                 enjoy teaching and the other things that you



                 will do as your record becomes part of the



                 history of this state.



                            And the resolution that was read



                 will become part of the archives, literally,



                 numbered as any piece of legislation that we



                 pass here.  And as your children and your



                 grandchildren ever want to review what has



                 taken place in these 37 years, as chronicled



                 in that resolution, it will be here, available



                 to all to witness and to respect and to



                 admire.



                            We're proud of you.



                            THE PRESIDENT:    On the



                 resolution, all those in favor signify by











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                 saying aye.



                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The resolution is



                 adopted.



                            And on behalf of the Senate, I'd



                 like to congratulate the General on your



                 outstanding career and wish you the very best



                 in your future endeavors.



                            (Applause.)



                            THE PRESIDENT:    Senator Bruno.



                            SENATOR BRUNO:    Madam President,



                 can we ask for an immediate meeting of the



                 Rules Committee in the Majority Conference



                 Room.



                            THE PRESIDENT:    There will be an



                 immediate meeting of the Rules Committee in



                 the Majority Conference Room.



                            Senator Velella.



                            SENATOR VELELLA:    Madam



                 President, I believe the computers have



                 finally caught up to our pace of work and that



                 the two Morahan resolutions are at the desk.



                            I move their adoption now.











                                                        651







                            THE PRESIDENT:    The Secretary



                 will read.



                            THE SECRETARY:    By Senator



                 Morahan, Legislative Resolution Number 4052,



                 honoring Rita Grayson upon the completion of



                 her tenure as a member of the Board of



                 Trustees of Rockland County Community College,



                 on February 21, 2002.



                            THE PRESIDENT:    On the



                 resolution, all those in favor please signify



                 by saying aye.



                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The resolution is



                 adopted.



                            The Secretary will read.



                            THE SECRETARY:    By Senator



                 Morahan, Legislative Resolution Number 4053,



                 honoring Ramesh Mehta upon the occasion of his



                 designation by the Rockland County Chapter of



                 the New York State Society of Professional



                 Engineers as the recipient of the 2002



                 "Engineer of the Year" Award.



                            THE PRESIDENT:    On the











                                                        652







                 resolution, all those in favor please signify



                 by saying aye.



                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The resolution is



                 adopted.



                            The Secretary will read.



                            THE SECRETARY:    By Senator



                 Morahan, Legislative Resolution Number 4054,



                 commending Rabbi and Mrs. Israel Flam upon the



                 occasion of their designation as guests of



                 honor by Yeshiva of Spring Valley on



                 February 18, 2002.



                            THE PRESIDENT:    On the



                 resolution, all those in favor please signify



                 by saying aye.



                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The resolution is



                 adopted.



                            Senator Velella.



                            SENATOR VELELLA:    Madam



                 President, can we have the noncontroversial











                                                        653







                 reading of the calendar now.



                            THE PRESIDENT:    The Secretary



                 will read.



                            THE SECRETARY:    Calendar Number



                 42, by Senator Stafford, Senate Print 1053, an



                 act to amend the Environmental Conservation



                 Law, in relation to county responsibility.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 47.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 46, by Senator Skelos, Senate Print 75, an act



                 to amend the Navigation Law, in relation to



                 the termination of the unsafe operation of a



                 vessel.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect on the 120th day.











                                                        654







                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 47.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 74, by Senator Marcellino, Senate Print 490,



                 an act to amend the Penal Law, in relation to



                 including the theft of dogs and cats.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 3.  This



                 act shall take effect on the first day of



                 November.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 47.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 104, by Senator Larkin, Senate Print 2655A, an



                 act to amend the General Municipal Law and the



                 Town Law, in relation to the continuation of



                 service.



                            THE PRESIDENT:    Read the last











                                                        655







                 section.



                            THE SECRETARY:    Section 7.  This



                 act shall take effect 180 days.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 47.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 106, by Senator Rath, Senate Print 4096, an



                 act to amend the Municipal Home Rule Law, in



                 relation to the adoption and filing of local



                 laws.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 5.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 47.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 109, by Senator Maltese, Senate Print 2089, an



                 act to amend Chapter 164 of the Laws of 1907,











                                                        656







                 relating to the incorporation of the Queens



                 Borough Public Library.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 47.



                            THE PRESIDENT:    The bill is



                 passed.



                            SENATOR HOFFMANN:    There will be



                 an immediate meeting of the Local Government



                 Committee in the Majority Conference Room.



                            THE PRESIDENT:    Thank you,



                 Senator Hoffmann.



                            There will be an immediate meeting



                 of the Local Government Committee in the



                 Majority Conference Room.



                            THE SECRETARY:    Calendar Number



                 110, by Senator McGee, Senate Print 3089, an



                 act to amend the General City Law, the Town



                 Law, and the Village Law, in relation to the



                 establishment.



                            THE PRESIDENT:    Read the last











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                 section.



                            THE SECRETARY:    Section 4.  This



                 act shall take effect on the first day of



                 July.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 47.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 112, by Member of the Assembly E. Sullivan,



                 Assembly Print Number 9264B, an act to amend



                 the Public Authorities Law, in relation to



                 providing.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 47.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 120, by Senator Marcellino, Senate Print 100,











                                                        658







                 an act to amend the Penal Law, in relation to



                 criminally negligent homicide.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect on the first day of



                 January.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 47.



                            THE PRESIDENT:    The bill is



                 passed.



                            Senator Hoffmann, that completes



                 the reading of the noncontroversial calendar.



                            SENATOR HOFFMANN:    Thank you,



                 Madam President.  If we could return to



                 reports of standing committees, I believe you



                 have something at the desk.



                            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 6129A, by the Senate











                                                        659







                 Committee on Rules, an act to amend the Tax



                 Law.



                            THE PRESIDENT:    Senator Hoffmann.



                            SENATOR HOFFMANN:    I move to



                 accept the report of the Rules Committee.



                            THE PRESIDENT:    All those in



                 favor of accepting the Rules Committee report



                 please signify by saying aye.



                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The report is



                 accepted.



                            Senator Hoffmann.



                            SENATOR HOFFMANN:    Madam



                 President, if we could please recognize



                 Senator Saland.



                            THE PRESIDENT:    Senator Saland.



                            SENATOR SALAND:    Thank you, Madam



                 President.



                            It's my distinct privilege this



                 morning to introduce to the members of the



                 Senate who are present here today a group, a



                 delegation, consisting of some 20 members who



                 are visiting us from Germany, the State of











                                                        660







                 Hesse in Germany.



                            They are the Subcommittee for



                 Jurisprudence of the Hesse House.  They also



                 are accompanied by two members of the



                 Executive branch.



                            The head of the delegation is the



                 Chairman of the Subcommittee on Corrections,



                 the Honorable Alfons Gerling.  And he is



                 accompanied, among others, by the Deputy



                 Minister of Justice, the Honorable Herbert



                 Landau.



                            They are here pursuing criminal



                 justice issues, particularly as they concern



                 corrections.  They have been to New York City.



                 They are visiting here in Albany today,



                 meeting with the chairs of the respective



                 Crime and Corrections and Codes Committees in



                 both houses.  They will be touring Sing Sing,



                 I believe, tomorrow.  They have met with an



                 Assembly member in New York City.



                            They have a rather busy agenda, and



                 we're fortunate that they could take some time



                 to join us today.  And I would like to welcome



                 them on behalf of Senator Bruno, who was in



                 the chamber a bit earlier, and the Deputy











                                                        661







                 Majority Leader, Senator Skelos, who may be



                 joining with us a bit later this afternoon as



                 we have a bit of reception for our guests.



                            So welcome to the State Capitol of



                 New York.  It's my pleasure to introduce you.



                 And I hope your stay here is not only a



                 productive and meaningful one but an enjoyable



                 one as well.



                            THE PRESIDENT:    Senator Hoffmann.



                            SENATOR HOFFMANN:    I join my



                 colleague, Senator Saland, in welcoming this



                 distinguished delegation.



                            Senator Saland, as many of you



                 know, is the president, the national president



                 of an organization of state legislators known



                 as the National Conference of State



                 Legislators.  And in this capacity he hosts



                 many groups who travel through this country,



                 and we're always very proud when they choose



                 New York as a showcase for democracy.



                            This is an exciting opportunity for



                 me to give you my personal greetings as a



                 German-American of many generations in this



                 country.  We recognize the great role that



                 Germany played in founding this country.











                                                        662







                            There was a time when there was a



                 question as to what language would be the



                 national language of the United States.  And



                 there was a vote taken in Washington, and by



                 one vote the decision was to have English be



                 the language spoken for the United States of



                 America.  The language that came in second,



                 and would otherwise have been the language,



                 was German.



                            And to this day, in many parts of



                 New York State the predominant ethnic group is



                 German-American.  We're frequently surprised



                 when we see the census results that large



                 portions of New York State, particularly in



                 the upstate area, list on the census tract the



                 number-one ethnic origin of the majority of



                 the population to be German-American.



                            And while Germans have been largely



                 assimilated in this country, the ethnic



                 traditions of the fatherland are held dear.



                 Many of us have in our homes a copy of the



                 "Schnitzelbunk."  And even if it's in very



                 broken German, we enjoy the opportunity to



                 relive that little bit of our history.



                            And we have little cute words for











                                                        663







                 family members.  And only German-Americans can



                 truly appreciate what it means to be a small



                 child and be labeled a "Distelfink."



                            But I would join all of my



                 colleagues in saying "Willkommen" to you to



                 this country and to the great New York State.



                 And we hope that your stay here is a memorable



                 one.



                            THE PRESIDENT:    On behalf of the



                 Senate, I would also like to welcome you and



                 wish you a very productive visit.



                            Senator Hoffmann.



                            SENATOR HOFFMANN:    Madam



                 President, if we could call up Senate 6129A at



                 this time.



                            THE PRESIDENT:    The Secretary



                 will read.



                            THE SECRETARY:    Senator Bruno



                 moves to discharge, from the Committee on



                 Rules, Assembly Bill Number 9696B and



                 substitute it for the identical Senate Bill



                 Number 6129A, Third Reading Calendar 169.



                            THE PRESIDENT:    The substitution



                 is ordered.



                            The Secretary will read.











                                                        664







                            THE SECRETARY:    Calendar Number



                 169, by the Assembly Committee on Rules,



                 Assembly Print Number 9696B, an act to amend



                 the Tax Law, in relation to authorizing.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 47.  Nays,



                 1.  Senator Dollinger recorded in the



                 negative.



                            THE PRESIDENT:    The bill is



                 passed.



                            Senator Hoffmann.



                            SENATOR HOFFMANN:    Madam



                 President, if we could return to reports of



                 standing committees, I believe there are some



                 reports at the desk.  Could we have those read



                 at this time.



                            THE PRESIDENT:    Reports of



                 standing committees.



                            The Secretary will read.



                            THE SECRETARY:    Senator Padavan,











                                                        665







                 from the Committee on Cities, reports the



                 following bills:



                            Senate Print 1859, by Senator



                 Maltese, an act to amend the Real Property Tax



                 Law;



                            And Senate Print 3561, by Senator



                 McGee, an act to amend the General City Law



                 and others.



                            Senator Velella, from the Committee



                 on Labor, reports:



                            Senate Print 846, by Senator



                 Stafford, an act to amend the Labor Law;



                            1263A, by Senator Lack, an act to



                 amend the Labor Law;



                            1310A, by Senator Meier, an act to



                 amend the Labor Law;



                            And 5813, by Senator Spano, an act



                 to amend the Labor Law.



                            All bills ordered direct to third



                 reading.



                            THE PRESIDENT:    Without



                 objection, all bills ordered direct to third



                 reading.



                            Senator Hoffmann.



                            SENATOR HOFFMANN:    Madam











                                                        666







                 President, if we could stand at ease for just



                 a few moments awaiting the report of the Local



                 Government Committee.



                            THE PRESIDENT:    The Senate will



                 stand at ease.



                            (Whereupon, the Senate stood at



                 ease at 11:33 a.m.)



                            (Whereupon, the Senate reconvened



                 at 11:39 a.m.)



                            THE PRESIDENT:    Senator Hoffmann.



                            SENATOR HOFFMANN:    Do we have a



                 report of the Local Government committee at



                 the desk, Madam President?



                            THE PRESIDENT:    Yes, we do,



                 Senator.



                            SENATOR HOFFMANN:    Move that it



                 be accepted.



                            THE PRESIDENT:    The Secretary



                 will read.



                            THE SECRETARY:    Senator Rath,



                 from the Committee on Local Government,



                 reports the following bills:



                            Senate Print 4881, by Senator



                 McGee, an act to amend the County Law;



                            4969, by Senator Nozzolio, an act











                                                        667







                 to amend the Real Property Tax Law;



                            6036, by Senator Morahan, an act to



                 amend the Town Law;



                            6046, by Senator Rath, an act to



                 amend the General Municipal Law;



                            And 6061, by Senator Morahan, an



                 act to amend Chapter 256 of the Laws of 2001.



                            All bills ordered direct to third



                 reading.



                            THE PRESIDENT:    Without



                 objection, all bills ordered direct to third



                 reading.



                            Senator Hoffmann.



                            SENATOR HOFFMANN:    Madam



                 President, could Senator Marchi be recognized



                 at this time.



                            THE PRESIDENT:    Absolutely.



                            Senator Marchi.



                            SENATOR MARCHI:    Madam President,



                 I wish to call up my bill, Print Number



                 A9264B.



                            THE PRESIDENT:    The Secretary



                 will read, Senator.



                            THE SECRETARY:    Calendar Number



                 112, by Member of the Assembly E. Sullivan,











                                                        668







                 Assembly Print Number 9264B, an act to amend



                 the Public Authorities Law.



                            SENATOR MARCHI:    I now move to



                 reconsider the vote by which this bill passed.



                            THE PRESIDENT:    The Secretary



                 will call the roll upon reconsideration.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 50.



                            SENATOR MARCHI:    May we lay the



                 bill aside for the day.



                            THE PRESIDENT:    The bill is laid



                 aside for the day, Senator.



                            SENATOR MARCHI:    Thank you.



                            THE PRESIDENT:    Senator Hoffmann.



                            SENATOR HOFFMANN:    Madam



                 President, could you please recognize Senator



                 Gentile.



                            THE PRESIDENT:    Senator Gentile.



                            SENATOR GENTILE:    Thank you,



                 Madam President.



                            I'd ask for unanimous consent to be



                 recorded in the negative on Senate Calendar



                 Number 169, Senate Bill 6129A.



                            THE PRESIDENT:    You will be so



                 recorded, Senator, I believe -- and that is











                                                        669







                 correct -- as voting in the negative on that



                 bill.



                            SENATOR GENTILE:    Thank you.



                            THE PRESIDENT:    Senator Hoffmann.



                            SENATOR HOFFMANN:    Madam



                 President, is there any housekeeping at the



                 desk?



                            THE PRESIDENT:    No, there isn't,



                 Senator.



                            SENATOR HOFFMANN:    There being no



                 further business, I move we adjourn until



                 Monday, February 25th, at 3:00 p.m.,



                 intervening days being legislative days.



                            THE PRESIDENT:    On motion, the



                 Senate stands adjourned until Monday,



                 February 25th, at 3:00 p.m., intervening days



                 being legislative days.



                            (Whereupon, at 11:41 a.m., the



                 Senate adjourned.)