Regular Session - May 27, 2003

    

 
                                                        3025



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                               May 27, 2003

                                 3:21 p.m.





                              REGULAR SESSION







            LT. GOVERNOR MARY O. DONOHUE, President

            STEVEN M. BOGGESS, Secretary















                                                        3026



                           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 bow our heads in a moment of

                 silence, please.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            THE PRESIDENT:    Reading of the

                 Journal.

                            THE SECRETARY:    In Senate,

                 Sunday, May 25, the Senate met pursuant to

                 adjournment.  The Journal of Saturday, May 24,

                 was read and approved.  On motion, Senate

                 adjourned.

                            THE PRESIDENT:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.



                                                        3027



                            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, Madam

                 President.

                            THE PRESIDENT:    You're welcome.

                            SENATOR FARLEY:    I offer these

                 amendments to the following Third Reading

                 Calendar bills:

                            Senator LaValle, page 13, Calendar

                 314, Senate Print 1662;

                            Senator LaValle, on page 19,

                 Calendar 444, Senate Print 334;

                            Senator LaValle, on page 20,

                 Calendar Number 473, Senate Print 2063;

                            Senator Velella, page 23, Calendar

                 Number 525, Senate Print 4380;

                            Senator Seward, on page 37,

                 Calendar Number 740, Senate Print 2840;

                            Senator LaValle, on page 43,

                 Calendar Number 811, Senate Print 4428;



                                                        3028



                            Senator Nozzolio, on page 46,

                 Calendar Number 838, Senate Print 437;

                            For Senator Flanagan, on page 50,

                 Calendar Number 886, Senate Print 3451;

                            For Senator Wright, page number 58,

                 Calendar Number 972, Senate Print 2426;

                            And for Senator Little, on page 56,

                 Calendar Number 957, Senate Print 3365.

                            Madam President, I now move that

                 these bills retain their place on Third

                 Reading Calendar.

                            THE PRESIDENT:    The amendments

                 are received and adopted, and the bills will

                 retain their place on the Third Reading

                 Calendar.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 I believe there's a substitution at the desk,

                 if we could make it at this time.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    On page 20,

                 Senator Maziarz moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 3936A

                 and substitute it for the identical Senate



                                                        3029



                 Bill Number 3706, Third Reading Calendar 461.

                            THE PRESIDENT:    The substitution

                 is ordered.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 there's a privileged resolution by Senator

                 Mendez at the desk.  Could we have the title

                 read and move for its immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Mendez, Legislative Resolution Number 1824,

                 commending Citiwide Harm Reduction upon the

                 occasion of its Second Annual Positive

                 Empowerment Awareness of Community Health

                 Fair, on May 29, 2003.

                            THE PRESIDENT:    On the

                 resolution, all those in favor of passing it

                 signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            Senator Skelos.



                                                        3030



                            SENATOR SKELOS:    Madam President,

                 there's a privileged resolution at the desk by

                 Senator Maziarz.  Could we have the title read

                 and move for its immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Maziarz, Legislative Resolution Number 1766,

                 honoring Richard L. Booth, Jr., upon the

                 occasion of his receiving a Community Service

                 Award from the Sweden/Clarkson Community

                 Center.

                            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 Skelos.

                            SENATOR SKELOS:    Madam President,

                 there's a privileged resolution by Senator

                 LaValle at the desk.  I ask that the title be

                 read and move for its immediate adoption.



                                                        3031



                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 LaValle, Legislative Resolution Number 1869,

                 celebrating the life of Michael A. Maffetone.

                            THE PRESIDENT:    The question is

                 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 Skelos.

                            SENATOR SKELOS:    Madam President,

                 there are two privileged resolutions at the

                 desk by Senator Larkin.  Could we have the

                 title read on both and move for their

                 immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read both resolutions.

                            THE SECRETARY:    By Senator

                 Larkin, Legislative Resolution Number 1889,

                 commemorating the 50th Anniversary of the

                 Cease-Fire that ended the Korean War.



                                                        3032



                            And by Senator Larkin, Legislative

                 Resolution Number 1890, commemorating the

                 issuance of a United States Postal stamp

                 honoring Purple Heart recipients at a ceremony

                 in Newburgh, New York, on May 30, 2003.

                            THE PRESIDENT:    The question is

                 on the resolutions.  All in favor please

                 signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolutions

                 are adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 there will be 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 Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could go to the noncontroversial reading

                 of the calendar.



                                                        3033



                            THE PRESIDENT:    The Secretary

                 will read.

                            SENATOR SKELOS:    Oh, excuse me

                 one minute.

                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    Before we do

                 that, would you please recognize Senator

                 Bonacic.

                            THE PRESIDENT:    Senator Bonacic.

                            SENATOR BONACIC:    Thank you,

                 Madam President.

                            Two quick things that I would like

                 to share with this illustrious body.  First of

                 all, we have a basketball legislative team,

                 and we play Lexington, the School of the Deaf.

                 And last Tuesday, that team won by one point.

                 And we had one member from this Senate,

                 Senator Johnson DeFrancisco was on that team.

                            So -- and the Speaker played, by

                 the way, on the Assembly side, as well as a

                 group of others.

                            So we are not only good elected

                 officials, we're good athletes.

                            The second thing I would like to

                 announce is the Bone Marrow event that we did



                                                        3034



                 last week, where we raised $30,000, and I

                 would like to congratulate all of the members

                 on both sides of the aisle in both houses that

                 participated in that event.

                            Tomorrow there will be a luncheon

                 award.  Our own Serph Maltese is being honored

                 for twelve years' contribution of

                 participating in that event.  I thank you all,

                 and congratulations to you, Serph.

                            Thank you, Madam President.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 21, by Senator Maltese, Senate Print

                 Number 136, an act to amend the Municipal Home

                 Rule Law, in relation to punishment.

                            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, 56.

                            THE PRESIDENT:    The bill is

                 passed.



                                                        3035



                            THE SECRETARY:    Calendar Number

                 205, by Senator Farley, Senate Print 2265A, an

                 act to amend the Banking Law, in relation to

                 increasing the penalties for certain

                 activities.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect on the 120th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 337, by Senator LaValle, Senate Print 288B --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 374, by Senator Volker, Senate Print 2773, an

                 act to amend the Criminal Procedure Law, in

                 relation to the authority of police officers.

                            SENATOR SCHNEIDERMAN:    Lay it



                                                        3036



                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 411, by Senator Balboni, Senate Print 2775, an

                 act requiring the commissioner of the Office

                 of General Services to modify an existing

                 World War II monument.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 437, by Senator Saland, Senate Print 1573A, an

                 act to authorize the Church of Jesus Christ

                 (Apostolic), Inc.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.



                                                        3037



                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 455, by Senator Skelos, Senate Print 3344A, an

                 act to amend the Penal Law, in relation to

                 assaults at a sports contest.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 488, by Senator Leibell, Senate Print 2998A,

                 an act to authorize approval of certain

                 transportation contracts.

                            THE PRESIDENT:    There is a local

                 fiscal impact note at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.



                                                        3038



                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 580, by Senator Libous, Senate Print 3023A, an

                 act to amend the Town Law and the Public

                 Officers Law, in relation to providing.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 592, by Senator Larkin, Senate Print 1222A, an

                 act to amend the Education Law, in relation to

                 requiring institutions.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 666, by Senator Bonacic, Senate Print 4009, an



                                                        3039



                 act to amend Chapter 915 of the Laws of 1982

                 amending the Public Authorities Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 670, by Senator Bonacic, Senate Print 4798, an

                 act to amend Chapter 555 of the Laws of 1989

                 amending the Public Authorities Law.

                            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, 57.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number



                                                        3040



                 671, by Senator Leibell, Senate Print 4837, an

                 act to amend the Public Authorities Law, in

                 relation to the use of videoconferencing.

                            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, 57.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 675, by Senator LaValle, Senate Print 293, an

                 act to amend the Education Law, in relation to

                 allowing students to sit on local school

                 boards.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            THE PRESIDENT:    The bill is



                                                        3041



                 passed.

                            THE SECRETARY:    Calendar Number

                 677, by Senator Farley, Senate Print 4095, an

                 act in relation to ratifying certain actions

                 of the Board of Education.

                            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, 57.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 678, by Senator Farley, Senate Print 4163, an

                 act in relation to authorizing the Hamilton

                 Fulton Montgomery Board of Cooperative

                 Educational Services.

                            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.)



                                                        3042



                            THE SECRETARY:    Ayes, 57.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 744, by Senator Libous, Senate Print 4346, an

                 act to amend Chapter 420 of the Laws of 2002

                 amending the Education Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the same date and in

                 the same manner as Chapter 420 of the Laws of

                 2002.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 759, by Senator Skelos, Senate Print 2633, an

                 act authorizing the assessor of the County of

                 Nassau to accept an application.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This



                                                        3043



                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 768, by Senator Nozzolio, Senate Print 2745,

                 an act to amend the Public Housing Law, in

                 relation to members of the Geneva Housing

                 Authority setting salaries.

                            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, 57.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 823, by Senator McGee, Senate Print 4356, an

                 act to amend the General City Law, the Town

                 Law, the Village Law, and the General

                 Municipal Law, in relation to decisions.



                                                        3044



                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 9.  This

                 act shall take effect on the same date and in

                 the same manner as Chapter 662 of the Laws of

                 2002.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 841, by Senator Robach, Senate Print 684 --

                            SENATOR LIZ KRUEGER:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 885, by Senator Fuschillo, Senate Print 32 --

                            SENATOR LIZ KRUEGER:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 903, by Senator Flanagan, Senate Print 3582,



                                                        3045



                 an act to amend the Penal Law, in relation to

                 definitions of criminal enterprise.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 961, by Senator Saland, Senate Print 4112, an

                 act to authorize the Commissioner of General

                 Services.

                            THE PRESIDENT:    Read the last

                 section.

                            SENATOR ROBACH:    Lay it aside for

                 the day.

                            THE PRESIDENT:    The bill is laid

                 aside for the day.

                            THE SECRETARY:    Calendar Number

                 969, by Senator Saland, Senate Print 1927, an

                 act to amend the Town Law and the Public



                                                        3046



                 Officers Law, in relation to providing.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 974, by Senator Skelos, Senate Print 2661, an

                 act authorizing the assessor of the County of

                 Nassau to accept an application.

                            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, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 997, by Senator Saland, Senate Print 4526, an



                                                        3047



                 act in relation to authorizing the town board

                 of the Town of Fishkill.

                            THE PRESIDENT:    There is a

                 home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1027, by Senator Flanagan, Senate Print 3497A,

                 an act in relation to allowing the Long Island

                 Cares, Inc., The Harry Chapin Food Bank, to

                 file an application.

                            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, 58.

                            THE PRESIDENT:    The bill is



                                                        3048



                 passed.

                            Senator Skelos, that completes the

                 noncontroversial reading of the calendar.

                            SENATOR SKELOS:    Madam President,

                 if we can go to the controversial reading of

                 the calendar.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 337, by Senator LaValle, Senate Print 288B, an

                 act to amend the Education Law --

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            THE PRESIDENT:    Senator LaValle,

                 an explanation has been requested.

                            SENATOR LaVALLE:    Thank you,

                 Madam President.

                            This bill is a very simple bill and

                 actually came about with a discussion I had

                 with Senator Lachman dealing with creation of

                 a separate bill that would deal only with the

                 time of the year that we would vote on the

                 selection of the Board of Regents.

                            The premise behind this is that

                 during the month of March we are very heavily



                                                        3049



                 involved in budget matters.  The position and

                 selection of members of the Board of Regents

                 are very, very, very important positions.  And

                 our involvement in this at a time when our

                 mind is on budgetary matters and there's a lot

                 of publicity about the budget really does not

                 do justice to the kind of focus that is needed

                 and the kind of attention that it should get

                 in the media.

                            And so this bill simply, simply

                 moves the time to -- if it's done by

                 concurrent resolution -- the first week in

                 May, first Tuesday in May.  If not, we go into

                 joint session the third Tuesday in May.  If

                 there is a religious observance why we can't

                 do it on the third Tuesday in May, it can

                 be -- it will be moved to the second Tuesday

                 in May.

                            That's all this bill does.

                            THE PRESIDENT:    Senator Krueger.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor would

                 yield to a question.

                            THE PRESIDENT:    Senator LaValle,

                 will you yield for a question?



                                                        3050



                            SENATOR LaVALLE:    Sure, yes.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR LIZ KRUEGER:    Thank you.

                            SENATOR LaVALLE:    I thought my

                 explanation was --

                            SENATOR LIZ KRUEGER:    Your

                 explanation was excellent, and it was exactly

                 as the memo described.

                            My question is, I believe the bill

                 also moves the term of a Regent from seven

                 years to five years.  And I was wondering if

                 you could explain why the bill does that.

                            SENATOR LaVALLE:    Oh, I don't

                 think --

                            SENATOR LIZ KRUEGER:    I'm sorry,

                 Madam President, if, through you, I could

                 clarify my question to the Senator.

                            THE PRESIDENT:    Yes, you may,

                 Senator Krueger.  Of course.

                            SENATOR LaVALLE:    Yes.  Yes.

                            SENATOR LIZ KRUEGER:    Thank you.

                            On line 9, Senator LaValle, it

                 removes the section on a seven-year term, and

                 then on line 1 on the second page it moves it



                                                        3051



                 to five years.

                            SENATOR LaVALLE:    Yes, I see

                 that.  It moves it to five-year terms, yes.

                            SENATOR LIZ KRUEGER:    Oh, I'm

                 sorry.  So, Madam President, through you, if

                 the sponsor would --

                            SENATOR LaVALLE:    I think you

                 answered your own question, Senator.

                            THE PRESIDENT:    Senator, would

                 you like to ask another question?

                            SENATOR LIZ KRUEGER:    I would

                 like, Madam President.  Thank you.

                            THE PRESIDENT:    Senator LaValle,

                 would you yield, please?

                            SENATOR LIZ KRUEGER:    Thank you.

                            SENATOR LaVALLE:    Yes.

                            SENATOR LIZ KRUEGER:    Thank you.

                            So, Senator, now that we've

                 clarified that it is moving the term from

                 seven years to five years, why would we do

                 that?

                            SENATOR LaVALLE:    There are some

                 members that feel -- as you might have noted,

                 the term was initially 15 years, went to

                 10 years, went to seven years.  And some



                                                        3052



                 people feel that it is very important that

                 members of the Board of Regents should have

                 review at a time earlier than seven years.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.

                            THE PRESIDENT:    Does any other

                 member wish to be heard?

                            Senator Stavisky.

                            SENATOR STAVISKY:    Madam

                 President, I plan to vote no on this bill

                 because of the change in the term of the

                 Regents.

                            However, I hope that if this passes

                 our house and passes the Assembly and is

                 signed into law by the Governor, because the

                 people in this room will be voting for the

                 bill, I sincerely hope they will join us when

                 we meet in joint session come the May period.

                            Thank you, Madam President.

                            THE PRESIDENT:    Senator Lachman.

                            SENATOR LACHMAN:    Yes, I will be

                 voting yes on the bill.

                            And I think changing the years from

                 seven to five is positive rather than

                 negative, because it brings it back to the



                                                        3053



                 people.  Once you have a person in office

                 15 years, and all that's trouble, we brought

                 it down to seven years.  Five years is better.

                 We review each Regent, and we make a decision.

                            The only other prominent elected

                 official who I know serves seven years is the

                 president of France, Chirac.

                            So I vote for the bill, so we can

                 vote for seven years to five years.

                            THE PRESIDENT:    Senator

                 Montgomery.

                            SENATOR MONTGOMERY:    Yes, Madam

                 President.  I'm just going to speak on the

                 bill.

                            I certainly do like the fact that

                 Senator LaValle is going to try to change the

                 time that we are engaged in electing Regents.

                 But I'm still going to vote no on this bill,

                 because I believe we started out with a term

                 of 14 years for Regents, and it's been reduced

                 to 10 and to seven.

                            And the rationale for having longer

                 terms for Regents rather than shorter terms

                 was to hopefully remove, to some extent, the

                 politicizing of such a significant position in



                                                        3054



                 our state as the Regents represent and,

                 furthermore, to hopefully give them a sense of

                 more independence, as we do with our

                 judgeships.

                            So I'm going to oppose this because

                 I think the Regents, to me, for the children

                 in this state, the positions that they take,

                 many of which are very controversial for us,

                 but that they're able to focus specifically on

                 the outcomes related to children and they make

                 decisions based on that, I think it is

                 important enough to express what I believe to

                 be the wrong direction by reducing their

                 terms.

                            So I'm going to continue to oppose

                 this, even though I do favor the part of it

                 that changes the time.

                            Thank you very much.

                            THE PRESIDENT:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Madam

                 President, I think there is some confusion in

                 the language.  And to clarify that, I would

                 ask the sponsor to yield for a question.

                            THE PRESIDENT:    Senator, will you



                                                        3055



                 yield?

                            SENATOR LaVALLE:    Yes.

                            THE PRESIDENT:    You may proceed,

                 Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    My reading

                 of the statute presently is that while it does

                 refer to seven-year terms, it states that

                 "Commencing on April 1, 1994, Regents shall be

                 elected for a term of five years."

                            Is it not the case that the term in

                 law now is five years?

                            SENATOR LaVALLE:    Yes.  The

                 answer is yes.  We got carried away into

                 Senator Krueger's seven years --

                            THE PRESIDENT:    May we please

                 have order.

                            Senator LaValle, you have the

                 floor.  Go ahead.

                            SENATOR LaVALLE:    -- and I think

                 we got a little carried away with the seven

                 years, when the statute is five.

                            SENATOR SCHNEIDERMAN:    Thank you

                 very much.

                            Madam President, on the bill.

                            THE PRESIDENT:    Go ahead,



                                                        3056



                 Senator.

                            SENATOR SCHNEIDERMAN:    I actually

                 am going to vote against this bill.  And I

                 disagree with what some of my colleagues have

                 said about the timing.

                            From my point of view, having been

                 here for a few years, I think one of the

                 things that we are able to attend to without

                 getting enmeshed in the politics of the budget

                 and the politics of the end of session

                 horse-trading is the Regents.  I think the

                 Regents is something we get to before we

                 really are involved in other issues.

                            And my concern would be that if you

                 move it back into May, it's possible that

                 votes on the Regents can get caught up in some

                 of the other politicking.

                            The Regents politics such as it is,

                 in my experience the last four years here,

                 operates independently of the rest of the

                 activities we undertake in the session.  And I

                 think that we have more time, frankly, to

                 focus on this in March than we do in May when

                 we really are usually, frankly, doing the

                 budget and we're also considering all the



                                                        3057



                 other issues we're trying to resolve before

                 the end of the session.

                            So I appreciate the arguments that

                 are made on either side of this.  But from my

                 point of view, I think that focusing on the

                 Regents early in the session, getting it out

                 of the way, is actually a positive rather than

                 a negative.

                            So I'm going to vote against this

                 bill.

                            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:    Those recorded in

                 the negative on Calendar Number 337 are

                 Senators Andrews, Connor, Hassell-Thompson,

                 Montgomery, Paterson, Schneiderman, and

                 Stavisky.  Ayes, 53.  Nays, 7.

                            THE PRESIDENT:    The bill is

                 passed.

                            The Secretary will continue to

                 read.



                                                        3058



                            THE SECRETARY:    Calendar Number

                 374, by Senator Volker, Senate Print 2773, an

                 act to amend --

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            SENATOR SKELOS:    Lay it aside

                 temporarily.

                            THE PRESIDENT:    The bill is laid

                 aside temporarily.

                            THE SECRETARY:    Calendar Number

                 455, by Senator Skelos, Senate Print 3344A, an

                 act to amend the Penal Law, in relation to

                 assaults at a sports contest.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    Thank you, Madam

                 President.

                            Today there's a growing epidemic at

                 some sporting events, and it's called sports

                 rage, where people that are observing a

                 sporting event see fit upon themselves to

                 attack participants, referees, first-base

                 coaches, on and on.

                            So what this legislation would do



                                                        3059



                 would make sports rage a Class E felony.

                            THE PRESIDENT:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Madam

                 President, if the sponsor would yield for a

                 few questions.

                            THE PRESIDENT:    Senator Skelos,

                 will you yield?

                            SENATOR SKELOS:    Yes, I do.

                            THE PRESIDENT:    You may proceed

                 with a question, Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Madam President, just to make it clear,

                 this bill does not relate to assaults by one

                 fan or a sports observer against another

                 observer, does it?

                            SENATOR SKELOS:    No, it does not.

                            We had a private discussion on

                 that, and we looked at the bill.  And, you

                 know, with your able assistance, Senator

                 Schneiderman, we improved upon it.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  On the bill.

                            I don't want anyone else to get

                 carried away here today.  I know why Balboni



                                                        3060



                 is trying to get my support.  I'm not sure

                 about you.

                            I think that there is a question

                 that has been raised by a lot of people as to

                 whether or not there's a need for additional

                 penalties regarding sports rage as opposed to

                 any other type of rage.  Why should an assault

                 on someone at a sporting event be treated

                 differently?

                            And my inclination is to actually

                 support this legislation as it has now been

                 revised, because, frankly, it is a different

                 type of an assault.

                            There are different factors that go

                 along with assaults, and we recognized that

                 when we passed the hate crimes bill a few

                 years ago, that the disruption of an event and

                 the intervention in an event to assault a

                 player or a referee really has an additional

                 element of criminal activity to an assault of

                 one person against another person on the

                 street.  It affects the game, it affects other

                 participants, and it sends a very bad message.

                            So while I generally am reluctant

                 to add additional penalties, I do think this



                                                        3061



                 recognizes a difference in the nature of the

                 illegal conduct, and I do intend to vote for

                 the bill.

                            THE PRESIDENT:    Does any other

                 member wish to be heard?

                            Senator Sabini.

                            SENATOR SABINI:    Thank you, Madam

                 President.

                            Would the sponsor yield for

                 question, through you?

                            THE PRESIDENT:    Senator, will you

                 yield for a question?

                            SENATOR SKELOS:    Yes, I do.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR SABINI:    Thank you.

                            In the sponsor's memorandum on this

                 bill you talk about how the bill seeks to

                 protect individuals and families who attend

                 sporting events.

                            I'm just wondering -- in reading

                 the bill, I didn't notice -- was there any

                 protection in the case of one of the

                 participants assaulting a spectator?  Which

                 has happened.



                                                        3062



                            SENATOR SKELOS:    This bill speaks

                 for itself.  It talks about a spectator

                 attacking a participant.

                            SENATOR SABINI:    Understood.  But

                 if, through you, Madam President, the sponsor

                 would yield for an additional question.

                            THE PRESIDENT:    Senator, do you

                 yield?

                            You may proceed, Senator.

                            SENATOR SABINI:    While the

                 intentions on that are admirable, why would

                 one assault in the same building be treated

                 differently than another assault in the same

                 building?

                            SENATOR SKELOS:    Because we deal

                 with individual issues quite often here in

                 terms of what we want to target and what we

                 want to improve on.  And this is what I'm

                 targeting right now.

                            SENATOR SABINI:    Madam President,

                 on the bill.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR SABINI:    I think the bill

                 is well-intentioned and probably necessary.



                                                        3063



                            I would hope that we would also

                 address the concept that the participants and

                 the players are not -- shouldn't be treated

                 with kid gloves compared to the spectators.

                 And that we would make sure that everyone

                 attending a sporting event has equal

                 protection against assault by anyone at that

                 event, whether they be participant or

                 spectator.

                            Thank you.

                            THE PRESIDENT:    Does any other

                 member wish to be heard on this bill?

                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 1.  Senator Montgomery recorded in the

                 negative.

                            THE PRESIDENT:    Senator

                 DeFrancisco, to explain your vote.

                            SENATOR DeFRANCISCO:    I'd also



                                                        3064



                 like to explain my vote.  I'm voting in the

                 negative.  And it has nothing to do with the

                 concept that this is not a very serious

                 problem, because it is a very serious problem.

                            What I'm voting against is really

                 the concept that for every event that results

                 in some type of violent behavior, we have to

                 have a separate bill or we have to have a

                 separate aggravation of the penalty for that

                 type of conduct.

                            Tomorrow, if it happens to be

                 somewhere in a courtroom, someone gets

                 assaulted, then there will be a separate bill

                 with an enhanced penalty for a courtroom

                 assault.

                            I just think assault should be an

                 assault should be an assault and that the

                 penalties should be up to the judge based upon

                 the seriousness of the assault.  So I'm going

                 to vote no for that reason and that reason

                 alone.

                            THE PRESIDENT:    You will be so

                 recorded, Senator DeFrancisco, as voting in

                 the negative.

                            The Secretary will again announce



                                                        3065



                 the results.

                            THE SECRETARY:    Ayes, 58.  Nays,

                 2.  Senators DeFrancisco and Montgomery

                 recorded in the negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 592, by Senator Larkin, Senate Print 1222A, an

                 act to amend the Education Law, in relation to

                 requiring.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            THE PRESIDENT:    Senator Larkin,

                 an explanation has been requested.

                            SENATOR LARKIN:    Senator Krueger,

                 this bill here is very simple.  What it says

                 in plain English, without all of the extras to

                 it, is that if your son or daughter goes away

                 to college and you're paying the bill, you

                 have the opportunity to ask the president of

                 the college, I would like a copy of my son or

                 daughter's scholastic record.

                            And when you look at the federal

                 legislation, it provides in there that you're

                 entitled to it as long as that student is



                                                        3066



                 declared by you as a dependent.

                            Thank you.

                            THE PRESIDENT:    Senator Krueger.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor would

                 yield.

                            THE PRESIDENT:    Senator Larkin,

                 will you yield?

                            SENATOR LARKIN:    Yes.

                            THE PRESIDENT:    You may proceed,

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator, is it your understanding

                 that simply by being a dependent of the

                 parent, the parent has the right to request

                 the student's grades?  Or only if the parent

                 is providing financial assistance for the

                 student?  Because those are not necessarily

                 the same thing.

                            SENATOR LARKIN:    The federal

                 Education Rights and Privacy Act provides for

                 it right in there, very clearly.

                            SENATOR LIZ KRUEGER:    Madam

                 President, again if, through you, the sponsor

                 would yield.



                                                        3067



                            THE PRESIDENT:    Senator, do you

                 yield?

                            Senator Larkin does yield.

                            SENATOR LARKIN:    Because you have

                 to be a dependent.  If you're my dependent, I

                 can then write to the university, college,

                 whatever it might be, and say, My son, my

                 daughter is enrolled in your university and is

                 my dependent, and I would like a copy of her

                 last-semester scholastic report.

                            SENATOR LIZ KRUEGER:    Well -- Mr.

                 President, hello.  You've changed.

                            If, through you, the sponsor would

                 yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator Larkin, will you yield?

                            SENATOR LARKIN:    Yes.

                            SENATOR LIZ KRUEGER:    Thank you.

                 I appreciate the explanation.  But I'm still a

                 little confused.

                            My understanding is there's a

                 difference between being a dependent for tax

                 purposes on your parents' tax forms and the

                 parent actually contributing to tuition or

                 financial assistance for college.



                                                        3068



                            So I just wanted to try to clarify.

                 This is anyone who takes their college-age

                 child as a dependent for tax purposes?  Or

                 anyone who actually makes financial

                 contributions to the college for the child?

                            SENATOR LARKIN:    Just the

                 dependent.

                            SENATOR LIZ KRUEGER:    So if they

                 are a dependent for tax purposes, then they

                 could request it?

                            SENATOR LARKIN:    I could -- you

                 could ask for a copy of their scholastic

                 record.

                            SENATOR LIZ KRUEGER:    Okay.

                 Thank you very much, Senator.

                            Mr. President, on the bill.

                            ACTING PRESIDENT MORAHAN:

                 Senator Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            While it appears on its face

                 reasonable that if someone is contributing to

                 their college-age child's tuition that it

                 seems right that they should be able to ask

                 the college for the information, I have two

                 concerns that I think are going to lead me to



                                                        3069



                 vote against this bill.

                            One is the concept of legislating a

                 relationship between, quote, unquote, an adult

                 child and their parent.  The child goes off to

                 college, one assumes they're over the age of

                 18 in almost all circumstances.  And are we

                 now, the Legislature, supposed to insert

                 ourselves into both the 18-and-up young

                 adult's sort of responsibilities and

                 independence as they go off to college?

                            Or should we, rather, assume that

                 from a legislative perspective we should have

                 more of a hands-off perspective, that if

                 parents are paying the bills for their

                 children in college and they ask them for the

                 grades, they're going to get it, and if they

                 are not paying the bills -- and perhaps

                 there's not a great relationship, for whatever

                 reason, although they're still taking the

                 child as a dependent for tax purposes --

                 because it's fairly complicated to separate

                 yourself out and not be a dependent for tax

                 purposes if your parents choose to do that --

                 that we should not both, one, recognize and

                 respect the potential independence of



                                                        3070



                 18-year-olds-and-up in a college situation to

                 make these judgments for themselves and share

                 this information with parents if they choose

                 and when asked, and separate that out also

                 from the fact that not every college student

                 gets assistance from their parents

                 financially, even though they show up as a

                 dependent for tax purposes, and that there

                 should be some recognition of independence and

                 respect for such independence when young

                 people are in fact paying the bills themselves

                 and are not getting assistance from their

                 parents.

                            So if you had told me this bill was

                 specifically attached to if you're making

                 financial contributions to college tuition,

                 then you're a partner in this deal somehow and

                 you should have the right to request those

                 grades, I would say okay.

                            But there's no obligation that you

                 are a partner in your child's education just

                 because they're a dependent.  I do think one

                 needs to respect the independence and rights

                 of people 18 and up in college.

                            And I also worry that while, again,



                                                        3071



                 it doesn't seem to be anything but a

                 well-intended piece of legislation, that

                 you're really asking the State Legislature to

                 be attempting to legislate a relationship of

                 open and trusting information between an

                 18-year-old-and-up and their parent.  And I

                 don't think that's the business we should be

                 in.

                            So I'm going to actually be voting

                 no on this bill.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Krueger will be recorded in the

                 negative.

                            Senator Diaz.

                            SENATOR DIAZ:    Thank you, Mr.

                 President.  On the bill.

                            ACTING PRESIDENT MORAHAN:

                 Senator Diaz, on the bill.

                            SENATOR DIAZ:    I am a parent; I

                 am the father of three adults.  One is a

                 sergeant in the New York City Police

                 Department, one is a supervisor in the

                 New York City Housing Authority, and one is a

                 state assemblyman.



                                                        3072



                            The three of them are my children.

                 I'm their parent.  And I as a parent, I would

                 think that any parent would like to know what

                 is -- what their children are doing when they

                 go to college.

                            Some parents go to work and they

                 have to kill themselves working to subsidize

                 their children's education.  Others, maybe

                 they don't have to pay money to the school but

                 they have to pay the rent and the house, the

                 mortgage, food, and all the required things so

                 that student could have a place to live.

                            So it is only fair and just for any

                 parent to know what is it that their children

                 are doing in college.  I mean, to esasorate

                 [ph] a parent from a children and let that

                 children go to college and do whatever they

                 want to do and waste that time in college

                 while the parents are thinking that the

                 children are doing a great job and getting a

                 good education, and suddenly the parents are

                 faced with the bad news:  Your children --

                 your son, your daughter -- was wasting their

                 time all those years in college.

                            I think that this is a good bill.



                                                        3073



                 Any parent, any good parent -- and any good

                 children would allow, would want their

                 parent -- any responsible children would want

                 their parent to know their grades in college.

                 And any responsible parent would like to know

                 that their children are doing correct and

                 doing a proper education and doing well while

                 they are in college.

                            So I am supporting this bill, and I

                 congratulate Senator Larkin for this

                 legislation.

                            Thank you.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Diaz.

                            Senator Connor.

                            SENATOR CONNOR:    Thank you, Mr.

                 President.

                            You know, there was a time about 35

                 or 40 years ago when I would have probably

                 been against this -- happily against it -- if

                 I were here instead of being a student.

                            But now, as my boys are fast

                 approaching college age, I'm very much in

                 sympathy with this.  Because, Mr. President,

                 it's not just that you want to know how your



                                                        3074



                 children are doing in school, that you want to

                 encourage them to do well.

                            Very often a sudden change in a

                 student's performance -- you know, a B student

                 who's suddenly getting F's -- is a signal to

                 the parent that there may be some problem

                 there that requires as much intervention as a

                 parent can do for someone who is over 18.

                            And, Mr. President, while Senator

                 Krueger is correct, these are adults, if you

                 have a single 19-year-old student, I think we

                 all know if there is some serious health

                 problem or mental health problem -- I mean,

                 who else -- they're always your children --

                 who else do we look for to pay for and take

                 care of it but the parent?

                            And so I think it's more than just

                 a parent's right to know, am I paying so much

                 money and is that kid goofing off and going to

                 beer parties and getting -- oh, they're

                 adults, I forgot.  Worst vote I ever took.

                 They can't go to beer parties till they're 21.

                 But they can go to Iraq.

                            The fact of the matter, Mr.

                 President, on the subject here is that the



                                                        3075



                 parent -- it's not just that.  The parent has

                 a responsibility, particularly if the student

                 is living away from home, to -- and believe

                 me, Mr. President, unfortunately, the concept

                 of in loco parentis in colleges and

                 universities which 30 or 40 years ago -- until

                 30 or 40 years ago was the doctrine is just

                 not extant anymore, Mr. President.

                            Eighteen- and 19-year-olds go off

                 to colleges and universities, some of them

                 very, very large institutions, where

                 unfortunately, except for their own immediate

                 social circles, they are very much a number.

                 There is no one watching them, there is no one

                 watching over them, there's no one spotting

                 problems that could develop and require

                 intervention -- sometimes, unfortunately, Mr.

                 President, until it's too late.

                            One of the little tests a parent

                 can use to see if perhaps their son or

                 daughter is in need of some type of

                 intervention is to watch the consistency of

                 their academic performance and to monitor

                 that.  Because believe me, Mr. President, the

                 average college and university would be an



                                                        3076



                 exceptional and certainly small institution of

                 higher education that actually monitored to

                 that level and worried about a young man or

                 young woman who suddenly was in depression

                 or -- from some problem with substance or

                 otherwise.  So I think parents need this tool.

                            With respect to the argument that,

                 well, it's defined as dependent rather than

                 whether you paid the tuition, Mr. President,

                 the guidelines I -- unless they've changed, a

                 dependent on your tax form is a full-time

                 student over the age of 18.  To claim as a

                 dependent, they have to be a student or

                 otherwise dependent on the parent, and the

                 parent who is claiming the dependent has to

                 pay more than half of their support.

                            Mr. President, I went to college

                 and law school and my parents never paid a

                 penny of tuition.  They didn't have it, they

                 didn't pay it, they didn't need to because I

                 was fortunate enough to have scholarships.

                            But what they did do is at the end

                 of all of my summer jobs and whatever, when we

                 added it up and I was short a couple of

                 hundred bucks for room and board, food, they



                                                        3077



                 put in the rest so I could eat while I went to

                 school full-time.

                            And, yes, they sent me an

                 allowance, I can remember it well:  $15 twice

                 a month.  It doesn't sound like much now.

                 It's all I had.  It's all I had for spending

                 money for bad college-student habits like beer

                 and -- it was legal then -- and cigarettes.

                            But they supported me.  And I could

                 always go home when we weren't in school, and

                 I got all my meals and room.  So I was very

                 much dependent, even though they didn't pay

                 any tuition.  I don't think the standard is

                 are they paying the tuition.  It's are they

                 supporting their child's efforts to get an

                 education, are they supporting their needs,

                 the other things -- I just brushed that off.

                 Of course my parents paid my health insurance

                 and all these other things that when you're 18

                 or 19 you don't worry about.  I just thought

                 of that now, because now you suddenly realize

                 these things.  I didn't even count that then

                 as support.

                            But the fact is without their

                 support, I couldn't have been educated.  And



                                                        3078



                 that's true, I think, of many, many, many

                 students who will tell you:  Well, I'm paying

                 my own way, I have loans, scholarship,

                 whatever, whatever.  You kind of forget that

                 your parents are back there giving you a roof

                 over your head.

                            If you're not living at home and

                 they're feeding you, they're getting you the

                 money to feed you.  They're taking care of

                 many costs that I think people don't think

                 about, like laundry money and all these other

                 necessities that when you're 18 or 19 you just

                 forget about until they're not there, till

                 they're not being provided.

                            So I think this bill -- and I

                 intend to vote for this.  I think this bill --

                 I don't think we should quarrel over what the

                 definition of a dependent on the tax returns

                 versus who's paying the tuition.  It's not

                 about that.  It's who is supporting in a

                 significant way that child's educational

                 efforts.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Connor.



                                                        3079



                            Does any other member wish to be

                 heard on this bill?

                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of January

                 next succeeding.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            Senator Krueger, to explain her

                 vote.

                            SENATOR LIZ KRUEGER:    Thank you.

                 Just to explain my vote briefly.

                            Having listened, after the dialogue

                 I have to reiterate my argument before by

                 saying if you're a parent who is supporting

                 your college-age child in school and you ask

                 them for their grades and they won't give them

                 to you, then you do have a problem, a bigger

                 problem than is the role of this Legislature

                 to address.

                            Thank you.



                                                        3080



                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Krueger.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 592 are

                 Senators Breslin, L. Krueger, Parker, and

                 A. Smith.  Ayes, 56.  Nays, 4.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 841, by Senator Robach, Senate Print 684, an

                 act to amend the Executive Law, in relation to

                 funds of the Gen*NY*sis program.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT MORAHAN:

                 Senator Robach, an explanation has been

                 requested.

                            SENATOR ROBACH:    Yes, Mr.

                 President.

                            This bill would clarify the current

                 law, adding language which would state that

                 the Gen*NY*sis funds could not be used for

                 projects which were already completed upon the

                 time of application.

                            I feel very strongly and I think



                                                        3081



                 the original intent was to make sure that this

                 money was in place, not as a funding mechanism

                 for existing projects, but a mechanism to

                 advance technology, create new jobs through

                 upstate New York.

                            This bill would codify that

                 language and set that in stone, which was the

                 intention of this legislation, working along

                 with the Dormitory Authority, Senate Finance,

                 and Assembly Ways and Means.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 885, by Senator Fuschillo, Senate Print 3296,



                                                        3082



                 an act to amend Chapter 578 of the Laws of

                 2002.

                            SENATOR LIZ KRUEGER:

                 Explanation, please.

                            ACTING PRESIDENT MORAHAN:

                 Senator Fuschillo, an explanation has been

                 asked.

                            SENATOR FUSCHILLO:    Thank you,

                 Mr. President.

                            This is an amendment to a chapter

                 we passed last year affecting Republic

                 Airport.  It's an airport that is in

                 Farmingdale, on Long Island, that is owned by

                 the state, run by the Department of

                 Transportation.  There are hangars there and

                 other parcels, storage parcels, that are

                 privately leased through the Department of

                 Transportation.

                            Last year, as a result of 9/11, or

                 two years ago, the attacks on our state, the

                 Republic Airport was affected by the no-fly

                 zone that was implemented by the federal

                 government.

                            This would allow for a more ample

                 time for these individuals who lease the state



                                                        3083



                 property to continue the negotiations with the

                 Department of Transportation, who is actively

                 negotiating with them to try to provide some

                 subsidies during a period of time where their

                 businesses were essentially shut down.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.

                            Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If the sponsor would yield,

                 please.

                            ACTING PRESIDENT MORAHAN:    Does

                 the sponsor yield for a question?

                            SENATOR FUSCHILLO:    Yes, I will.

                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator, your explanation seems

                 quite plausible.  My question is, is Republic

                 Airport the only airport in the State of

                 New York that finds itself in this situation

                 post-September 11th?

                            SENATOR FUSCHILLO:    I don't know,

                 to answer your question, Senator Krueger.

                 This is in my district.  This is the one that



                                                        3084



                 is affected by the legislation, the one that

                 we're dealing with.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if the sponsor would continue to

                 yield, please.

                            ACTING PRESIDENT MORAHAN:

                 Senator Fuschillo, will you continue to yield?

                            SENATOR FUSCHILLO:    Yes, I do.

                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Do you know, Senator, whether there

                 are any other airports that are under the same

                 decision from a year ago now that will sunset,

                 because your bill only addresses that one

                 airport?

                            SENATOR FUSCHILLO:    I don't know

                 that.

                            SENATOR LIZ KRUEGER:    Thank you.

                            And, Mr. President, if the sponsor

                 will continue to yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator Fuschillo, will you continue to yield?

                            SENATOR FUSCHILLO:    Yes, I will,

                 Mr. President.



                                                        3085



                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator, do you have any estimate

                 of what the fiscal cost to the state would be

                 from continuing this, not charging fees and --

                 what were they, fees and other rate charges

                 and rentals for this airport?

                            SENATOR FUSCHILLO:    The time

                 period, I believe, was just 45 days from

                 September 11th, 45 days out, because of the

                 no-fly zone.

                            I believe at the time, Senator

                 Krueger, it was estimated to be less than a

                 hundred thousand dollars that the businesses

                 were paying to the state during the shutdown

                 period.

                            SENATOR LIZ KRUEGER:    And, Mr.

                 President, one more question of the sponsor,

                 if he would yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator Fuschillo, would you yield for one

                 more question?

                            SENATOR FUSCHILLO:    Yes, I do,

                 Mr. President.



                                                        3086



                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields for one more question.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I'm showing my lack of knowledge

                 about your district and its airport.  Is there

                 still a no-fly zone in effect that affects

                 this --

                            SENATOR FUSCHILLO:    As I stated

                 previously, Senator, it was only 45 days from

                 September 11th that the no-fly zone was in

                 effect.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Senator.

                            On the bill briefly, Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I am concerned that we would have a

                 specific law that would exempt one airport

                 from rates and fees and rental costs that

                 other airports don't have the same privileges

                 of.

                            And I'm also concerned how long we

                 would carry this forward, given the fact that

                 there's no longer a no-fly zone affecting



                                                        3087



                 Republic Airport.

                            But I will vote for this bill, in

                 the hope that we either look at the situation

                 for other airports or make sure that we

                 continue to evaluate when we extend bills

                 beyond a time that may be appropriate for a

                 specific emergency condition.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Stavisky.

                            SENATOR STAVISKY:    Mr. President,

                 if Senator Fuschillo would yield.  I'm a

                 little unclear --

                            ACTING PRESIDENT MORAHAN:

                 Senator Fuschillo, will you yield for a

                 question?

                            SENATOR FUSCHILLO:    Yes, Mr.

                 President, I'd be happy to.

                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields.

                            SENATOR STAVISKY:    Did I hear you

                 say that the hangars are leased to private

                 interests?

                            SENATOR FUSCHILLO:    Mr.

                 President, through you, there are private



                                                        3088



                 companies, Senator Stavisky, that rent hangars

                 currently on state property, correct.

                            SENATOR STAVISKY:    And are these

                 profit-making companies?

                            SENATOR FUSCHILLO:    Yes.

                            SENATOR STAVISKY:    Mr.

                 President -- thank you, Senator.

                            Mr. President, on the bill.

                            ACTING PRESIDENT MORAHAN:

                 Senator Stavisky, on the bill.

                            SENATOR STAVISKY:    I guess I will

                 vote for it also, but I have misgivings.

                            I represent LaGuardia Airport, and

                 they certainly are not getting any fees waived

                 or any help.  In fact, they want to sell the

                 airport, or at least sell the ground under the

                 airport, which I think is a disgrace.

                            We don't seem to know the answer to

                 whether there are other facilities in the

                 State of New York receiving these tax breaks

                 or the waiving of the fees and so on.  But if

                 this is a profit-making venture, then it seems

                 to me that we're opening a can of worms here.

                            And I'm inclined to vote no, Mr.

                 President.



                                                        3089



                            ACTING PRESIDENT MORAHAN:

                 Senator Stavisky, how do you vote?

                            SENATOR STAVISKY:    No.

                            ACTING PRESIDENT MORAHAN:

                 Senator Stavisky will be recorded in the

                 negative.

                            Does any other Senator wish to be

                 heard on the bill?

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 885 are

                 Senators A. Smith and Stavisky.  Ayes, 58.

                 Nays, 2.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 374, by Senator Volker, Senate Print 2773, an

                 act to amend the Criminal Procedure Law, in



                                                        3090



                 relation to the authority of police officers.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT MORAHAN:

                 Senator Volker, an explanation has been

                 requested.

                            SENATOR VOLKER:    Yes, Mr.

                 President.  This bill is known as the Police

                 and Public Protection Act of 2003.  It

                 initially came to us back in 1999 as the

                 Police and Public Protection Act of 1999, as a

                 Governor's program bill.  It is not a

                 Governor's program bill now, I might add,

                 because we haven't received it yet from

                 Governor.

                            But what the bill does -- and this

                 is a bill that has received some criticism and

                 some good publicity.  Let me point out that

                 the memo is a little old, I'll be honest with

                 you.  It talks about heavy violence and crime.

                 Well, thankfully, thanks to this house and the

                 Governor and the other house, we've been able

                 to cut that down rather dramatically.

                            We still obviously have some major

                 problems.  And the memo, which I won't



                                                        3091



                 describe, points out some of the idiotic

                 decisions -- I think they're idiotic -- that

                 have been made by some of the courts in our

                 state relating to issues such as abandonment

                 of evidence and things of that nature.

                            I guess if you're the defense

                 attorney, and obviously if you're the

                 defendant, they sound great.  But in the long

                 haul, what they signal to the street is that,

                 very honestly, this state is not totally

                 serious about dealing with criminal justice.

                            And I know if you zero in on the

                 police part of this that deals with the police

                 having an objective credible reason not

                 necessarily indicative of criminality, I think

                 we start thinking that somehow this is some

                 huge Fourth Amendment issue.

                            The trouble is these issues don't

                 revolve what happens in the street as much as

                 they revolve around what happens in the

                 courtroom.

                            Remember one thing, if I might say.

                 There is no court system in the United States

                 of America, I believe, that is as liberal on

                 rights as ours is.  And, I mean, you can argue



                                                        3092



                 all you want that we have tough laws here.

                 And we do, we have tough laws in New York.

                 And under Governor Pataki -- and under Mario

                 Cuomo to a certain extent, too, but I think

                 much improved in the last few years -- we have

                 developed very tough, hard-nosed statutes that

                 have had a major impact on our streets.

                            And many of the reports you hear

                 from the media say:  We don't know why the

                 murder rate has gone down, we don't know why

                 the violent crime rate's going down.  It's

                 pretty obvious.  We've passed the death

                 penalty.  We've passed tough statutes.  People

                 say:  Well, we haven't executed anybody.

                            Well, I want to tell you something.

                 If you want to see the record, look at the

                 dive record, I call it.  No state has ever had

                 so many people diving for cover as we have in

                 this state.  We have people pleading to 90

                 years to life, 90 years to life.  Tough to get

                 out when you're in for 90 years minimum.  In

                 fact, if he gets out, we don't care.  I mean,

                 I -- well, what I mean by it is I don't think

                 he's going to be any problem.

                            But the point I'm making is that



                                                        3093



                 there is a whole series of things that we have

                 done that have been favorable.  There are

                 several pieces of this bill that we have, by

                 the way, debated on a number of times before.

                 It seems to me the key part of this bill

                 relates to the issue of the courts

                 interpreting Section 1 -- or Article 1,

                 Section 12 of the State Constitution in a more

                 liberal basis, if you can say that, or on a

                 basis that is stronger than the United States

                 Constitution.

                            The United States Constitution does

                 not allow for suppressing of evidence unless

                 there is a bad faith shown by the people who

                 obtain the evidence.  In this state, basically

                 what we say is -- and even though the United

                 States Constitution, which is supposed to be

                 one of the toughest in the world, is tough, we

                 want to make it tougher.

                            And we want to say that any time

                 that you make a technically deficient

                 obtaining of evidence -- you know, silly

                 situations such as a guy's running down the

                 street with a bag full of drugs and guns,

                 drops it down, runs away, gets arrested, they



                                                        3094



                 go back, pick the bag up, and they say, "Well,

                 he intended to abandon it."

                            That's fascinating.  But on the

                 other hand, it treats situations in a manner

                 in which people say, you know, that's an

                 injustice.  That is not just.

                            When the police officers or the law

                 enforcement people make mistakes that are so

                 critical -- and frankly, especially if they're

                 truly in bad faith, where they set somebody up

                 or something of that nature, this statute will

                 not prevent that from denying the evidence,

                 and the person's prosecution couldn't go

                 forward.

                            So I think you have to take this

                 bill, it seems to me, in light of what we're

                 dealing with here, in a situation where our

                 rights -- yours, mine, all of us -- are being

                 denied every day because a group of people

                 decided that they wanted to attack us as a

                 nation.  They didn't just attack the World

                 Trade Center in New York City, they attacked

                 in Washington and all over this country.  And

                 there are some very strong information that

                 they intended to hit Chicago and Los Angeles



                                                        3095



                 on that same day.

                            So I can only say -- and I know

                 that we've debated this bill on many

                 occasions.  The provision in here I know

                 bothers many people, particularly in the City

                 of New York, that says police officers engaged

                 in law enforcement duties approach persons at

                 a public place where the police have an

                 objective, credible reason not necessarily

                 indicative of criminality.

                            Well, the reason for that is that

                 you don't necessarily have to have somebody

                 that you know is a criminal.  But if their

                 actions -- and, by the way, you have to prove

                 that in a case in which you arrest somebody on

                 that basis -- then if that person you can show

                 some very good reason, a reasonable reason is

                 what it is, for stopping that person, you

                 still have to act responsibly after that.  And

                 if you do, that you can maintain a

                 prosecution.

                            There have been some really

                 incredible reasons used by the courts to dodge

                 certain things.  A person running from

                 somebody for no reason shouldn't be



                                                        3096



                 suspicious.  Well, I don't think that that

                 quite follows, particularly when you find guns

                 and drugs and all sorts of stuff after that.

                            So I think the major point here

                 lies in the bad-faith piece of this, which

                 is -- says that our constitution should match

                 in effect -- or at least our courts with the

                 national courts, with federal courts.

                            And the other thing is that the

                 search and seizure rules should be objective

                 enough, should be allowed so that we could at

                 least prosecute people on the same basis as

                 other states prosecute people.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Volker.

                            Senator Montgomery.

                            SENATOR MONTGOMERY:    Yes, Mr.

                 President, I'm just -- I would just like to

                 speak on the bill.

                            ACTING PRESIDENT MORAHAN:

                 Senator Montgomery, on the bill.

                            SENATOR MONTGOMERY:    I would like

                 to read for the record a couple of sentences

                 from the memo that was given to us from the

                 New York Civil Liberties Union as it relates



                                                        3097



                 to the New York City Police Department.

                            It says, and I read from this memo,

                 "In the mid-1990s the New York City Police

                 Department implemented a policy of aggressive

                 investigation and prosecution of so-called

                 quality of life infractions.  The policy led

                 to well-documented abuses.  In 1998, a New 

                 York Times study of arrest data showed a

                 dramatic increase in the number of improper

                 arrests made by New York City police.

                            "According to the Times analysis,

                 district attorneys rejected charges in more

                 than twice as many cases as had been rejected

                 in the prior four years."

                            There is no question that there is

                 a serious issue and problem as it relates to

                 the arrests that are made by the police

                 department when they are encouraged to make

                 arrests without necessarily there being any

                 criminal activity observed.

                            The law, Mr. President, as I read

                 it here, already allows a police officer to

                 stop a person in a public place located within

                 the geographical area of such officer's

                 employment when he reasonably suspects that



                                                        3098



                 such person is committing, has committed, or

                 is about to commit a crime.  That is already

                 in law.

                            What the author of this legislation

                 seeks to do is extend it to an officer being

                 able to do the exact same thing even when

                 there is not any reasonable suspicion.

                            The only thing that I can imagine

                 with this legislation is that as I ride

                 through my district and I see all of these

                 especially young black men standing on the

                 corner, having their social life, they look

                 strange -- maybe their pants are not looking

                 right they are just looking weird.  They look

                 weird to me.  I think they look weird to most

                 everybody.  But that's who they are.  And

                 those are the ones that police will be able to

                 stop just because they're standing out there

                 on that corner.

                            And, Mr. President, that defies the

                 Constitution of the United States of America.

                 It defies the constitution of our state, I

                 believe.  And we should not be proposing that

                 police can stop and search people, especially

                 like the people in my district who are going



                                                        3099



                 to be most susceptible to this law.  We should

                 not be passing legislation which encourages

                 that.

                            It is the epitome of saying we must

                 allow -- we must put in law the capacity of

                 the police department to do racial profiling,

                 racial arrests, without any cause, without any

                 reasonable suspicion of any criminality.

                            I object to this.  I oppose this

                 legislation.  And I understand that Senator

                 Volker has good intentions for some things.

                 But certainly this is not a good-intentioned

                 bill.  This is going to hurt people.  It is

                 going to especially hurt young

                 African-American men and women, especially

                 those that live in my district, because I see

                 them every day, I know how they're already

                 treated by the police, and this only enhances

                 the capacity of the police to stop and arrest

                 and harass them, including my own son.

                            So obviously I am adamantly opposed

                 to this legislation.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Montgomery.

                            Senator Parker.



                                                        3100



                            SENATOR PARKER:    Mr. President,

                 on the bill.

                            ACTING PRESIDENT MORAHAN:

                 Senator Parker, on the bill.

                            SENATOR PARKER:    First, I wanted

                 to just say I really understand, Senator

                 Volker, where you're coming from in terms of

                 what we all are concerned about regarding

                 crime and the criminal justice system.

                            Oftentimes people are harassed.  In

                 fact, in my very community we have a great

                 deal of both gang activity and drug activity

                 that we have not been able to solve because we

                 have people who we pick up and wind up, you

                 know, back on the street.

                            But as I talk to my neighbors and

                 the residents of those buildings and we

                 continue to work together to deal with these

                 issues of crime, I remind them that the

                 criminal justice is the hallmark of what

                 America is about, that we are Americans and we

                 do -- we want freedom.  We want freedom of

                 speech, we want freedom to do what we please

                 to do in our homes.  We want the freedom to be

                 able to walk down the street and people not



                                                        3101



                 harass you or bother you based on what you

                 look like or who you are, your race or your

                 religion or your creed or your sexual

                 orientation.

                            And so when I look at a bill like

                 this, this actually restricts all of the

                 things that we think of as we think of being

                 Americans.  What makes us different than

                 anybody else is that we are Americans, that we

                 do -- we value the freedom that we have here

                 and the right to be different.

                            And despite all the freedoms that

                 we have here, we still have a great deal of

                 abuse by police.  This is something that was

                 actually at the forefront of the political

                 agenda in New York City prior to 9/11.  And

                 some of us forgot, in the terrorism that took

                 place on 9/11, what was happening prior to

                 that.

                            Well, prior to that, politically in

                 New York City we were on the verge of a major

                 shakeup of the police department based on

                 harassment of citizens.

                            And, yes, we do have one of the

                 most lenient systems in the world when it



                                                        3102



                 comes to a court system.  And you know what?

                 We should.  Because it is better -- as the

                 founders of the United States tell us, it is

                 it is better to let a hundred guilty people go

                 than imprison one innocent man or woman.

                            And as we've seen time and time

                 again, especially now with the DNA evidence,

                 we're now finding, you know, exorbitant

                 amounts of people who are now spending or who

                 have spent time in our prison system who are

                 innocent.  Imagine, when we have the ability

                 to stop people and to arrest them on less

                 evidence than we currently are demanding, the

                 numbers that are going to go up.

                            I think, Senator Volker, in a

                 perfect world, without racism, without sexism,

                 without ageism, without discrimination against

                 people because of their sexual orientation, I

                 would vote for this bill in a minute.  But

                 unfortunately, we don't live in a perfect

                 world.  Unfortunately, we live in a place

                 where not only do juries makes mistakes and

                 judges make mistakes, but unfortunately, as

                 brave as good as they are, as good as they

                 are, as well-intentioned as they are, our



                                                        3103



                 police department makes mistakes.

                            And I think that this legislation

                 unfortunately broadens the margin at which

                 those mistakes can be made.  So I'll be voting

                 no, and I'm asking my colleagues on both sides

                 of the aisle to join me in a no vote on this

                 bill.

                            Thank you.

                            ACTING PRESIDENT MORAHAN:

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                 Briefly on the bill, Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Krueger on the bill.  Briefly.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Well, I have to agree -- was that a

                 reference that I'm not briefly usually?

                            ACTING PRESIDENT MORAHAN:    You

                 said briefly on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                 With my usual brevity, Mr. President.

                            My colleagues have already pointed

                 out a number of the issues, and I just want to

                 highlight again how we have a good standard

                 already in this state.  We don't need this



                                                        3104



                 bill.  This would open up, I believe, our

                 police and our courts and our citizens to a

                 very vague definition that is not in anyone's

                 best interest.

                            Again, the record is clear.  We

                 already have established precedent in New York

                 State from the Court of Appeals about when a

                 police person or other criminal justice

                 official can and should interact with

                 citizens.  In order to make an arrest, the

                 police must have probable cause to believe a

                 crime has been committed.

                            Or to briefly but forcibly stop and

                 detain an individual, the police must have

                 reasonable suspicion to believe a crime has

                 been committed to approach, ask questions, and

                 take other actions they may deem appropriate.

                            And within constitutional

                 limitations, the police must have an

                 objective, credible reason not necessarily

                 indicative of criminality, or they must have a

                 founded suspicion criminality is afoot.

                            This law does away with those

                 standards by opening it up to any

                 interpretation by any member of the police on



                                                        3105



                 our streets.  And in fact, if there is no even

                 assumption that something possibly might be

                 going awry or might have criminal intent, all

                 you are left with is a judgment by the police

                 rather than clarifying it for them that

                 because I look a certain way -- the color of

                 my skin, whether I'm a man or woman, my

                 ethnicity -- if I come from a country that our

                 own U.S. country may not be at good relations

                 with, that it opens up abuse, assault, and the

                 unconstitutionality of police powers that, as

                 Senator Parker said, we are proud that we have

                 in this country.

                            I also believe that while this bill

                 predates the terrorism of 9/11 and the Patriot

                 Act, Senator Volker in his own statements

                 referenced that issue.  And again, just to

                 highlight that, this whole country is

                 reevaluating how far have we gone and that we

                 shouldn't go further.

                            There are now over 108 localities

                 in this country who have passed resolutions

                 calling for the reversal of the USA Patriot

                 Act, which in fact opened the door to far

                 broader powers by government to intrude on the



                                                        3106



                 lives of individuals.

                            The City of Albany itself has

                 passed such a resolution calling on a reversal

                 of the Patriot Act.

                            When I was doing some research,

                 Senator Volker, about your bill, I found that

                 in addition to cities around the country

                 questioning the country going down this road,

                 conservative think tanks are sharing the same

                 views as my Democratic colleagues.  The Cato

                 Institute, the Heritage Foundation are opposed

                 to this opening of powers of our government

                 without justification.

                            So I think this is a piece of

                 legislation where those of us who define

                 ourselves on the left and those of who define

                 ourselves on the right can actually agree,

                 this goes too far.  The harm it can do is too

                 great a risk for us to take with our

                 constitutional protections and with our

                 freedoms.

                            I will vote no.  I urge my

                 colleagues, particularly on the right of the

                 Republican Party, to join me in voting no on

                 this bill.



                                                        3107



                            Thank you.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Krueger.  You will be recorded in

                 the negative.

                            Senator Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you, Mr. President, just very briefly.

                            Senator Volker, you talked on this

                 bill about the fact that the State of New York

                 is too liberal, and I think I heard Senator

                 Parker say that it should be.  I echo him in

                 saying that, primarily because I think that

                 one of the things that New York has been more

                 successful than most states, based upon its

                 diversity, is to use the longest measure, not

                 the shortest measure, in how it deals with the

                 people in our state.

                            And because of that, I would not

                 like us to change the definition of justice.

                 As I listen to what you said, I too am very

                 concerned about crime in our streets.  I'm

                 certainly concerned about the acceleration of

                 crime against this country.

                            But I still feel that each of us

                 has the responsibility to look very carefully



                                                        3108



                 and closely at each of the legislative

                 initiatives that we take and ensure that we do

                 not put constitutional rights fifty years

                 back, a hundred years back.

                            The numbers of people that I feel

                 that will be most greatly affected by this may

                 not be constituents of yours or some others in

                 these chambers.  But certainly those who are

                 African-American, particularly those who are

                 men, those who are immigrants of Middle

                 Eastern descent, and those that are unable to

                 enjoy the same civil-liberty protections long

                 established and defended by our judicial

                 system, will have a serious problem with this

                 bill.

                            Those are the people that live in

                 my district.  And maybe I have a

                 disproportionate number in my district.  But

                 people come to these shores and certainly

                 people choose to come to New York State and

                 they abide here for the sole purpose of the

                 fact that there is a relaxation and a

                 liberalism.

                            And I would not want us to define

                 liberalism to be something that is bad, but,



                                                        3109



                 rather, something that says that we take a

                 strong and hard look at how we deal with the

                 people who live in the state of New York and

                 choose to live in the state of New York.

                            So I must vote no on this bill and

                 just -- I needed to be able to share my

                 concerns, along with some of those that have

                 been expressed by my colleagues.

                            ACTING PRESIDENT MORAHAN:

                 Senator Hassell-Thompson will be recorded in

                 the negative.

                            Senator Sabini.

                            SENATOR SABINI:    Thank you, Mr.

                 President.  On the bill.

                            ACTING PRESIDENT MORAHAN:

                 Senator Sabini, on the bill.

                            SENATOR SABINI:    As many know, I

                 was a member of the New York City Council for

                 ten years, and I became a -- got a law signed

                 into the books in New York City against

                 aggressive pan-handling.  The ACLU said they

                 would have it overturned and they wound up not

                 even filing suit.

                            I had another proposal which has

                 not become law which was based on a Chicago



                                                        3110



                 statute that said that where there was a

                 pattern of gang activity and arrests that were

                 coefficients of gang activity -- on

                 prostitution, drug dealing and robberies --

                 that the police would have broader authority

                 in those geographic areas.

                            And that that in effect was a

                 geographical probable cause that gangs that

                 had a hegemony of over certain neighborhoods

                 and were, in effect, taking over sections of

                 town.  And the police, not having probable

                 cause to stop them, were being frustrated in

                 their takeover activities or to prevent

                 takeover activities of neighborhoods.

                            But those bills were bills that I

                 thought were thought out and gave a balance of

                 protection.  And while there were those that

                 claimed that I was giving the police too much

                 power in both those proposals, I felt very

                 strongly I wasn't.

                            However, in examining this bill, I

                 get an impression that Senator Volker, in his

                 desire to protect the public safety, goes too

                 far, that the balance really isn't there.  And

                 unless I'm missing something, that the



                                                        3111



                 probable-cause relationship that exists in the

                 law is sort of being stepped over like a --

                 stepping over a puddle of water that you sort

                 of want to avoid because we don't like it.

                            I think this goes too far.  I

                 represent a very multiethnic community of

                 people, both who have come to our shores to

                 seek the American dream, people that have been

                 there a long time, like I have,

                 African-American families who are sending

                 their children to really great schools.  And I

                 think that the application of this bill, were

                 it to become law, would be way too broad in

                 pinning back the rights of New Yorkers all

                 over this state -- not just in the area I

                 represent, but everywhere.

                            Senator Parker said in a perfect

                 world he wouldn't mind voting for this bill.

                 I wouldn't mind voting for this bill in a

                 perfect world, because I think if we needed

                 this bill it would be an imperfect world and

                 not one that I would want to feel was America

                 as we know it today.

                            I'm all for protecting the police

                 and to give the police new tools in fighting



                                                        3112



                 crime.  I just think this tool goes a little

                 too far, and I'll be voting in the negative.

                            Thank you.

                            ACTING PRESIDENT MORAHAN:

                 Senator Sabini will be recorded in the

                 negative.

                            Senator Connor.

                            SENATOR CONNOR:    Thank you, Mr.

                 President.

                            You know, over the years attitudes

                 change and society's approach to criminal

                 justice and other things changes.

                            My own attitudes change.  I

                 remember sitting here some 25 years ago when

                 the stop and frisk case I guess had made it to

                 the Supreme Court and being kind of appalled

                 at the decision that came down, the standard

                 that evolved of reasonable suspicion on the

                 part of a police officer.  Before that, I had

                 been one who believed it should be probable

                 cause, a much more stringent standard.  But

                 we've lived with that.

                            And certainly after 9/11,

                 particularly those of us in New York City and

                 those of us who were in some of the -- worked



                                                        3113



                 and lived near some of the more sensitive

                 security zones and all just willingly

                 tolerated being stopped and "Can you open your

                 trunk?" or "I'm going to look in your car."

                 And, you know, most people would say to the

                 police officers or security personnel

                 involved, Thank you.  Thank you, because there

                 was a real perceived threat at the time.

                            I don't think in this bill we're

                 dealing with those situations.  And I don't

                 think anybody questions that in the aftermath

                 of a terrorist attack or when there's real

                 intelligence that shows the imminence of it

                 that we ought to give way, we ought to let the

                 police and the security authorities do things

                 like stop everybody at a roadblock and perhaps

                 do things that on a good day they shouldn't do

                 and we shouldn't want them to do it.

                            This bill doesn't deal with those

                 exigent circumstances.  I don't see anything

                 in this bill that says when the Governor or

                 the appropriate authorities have declared a

                 national emergency or a national security

                 emergency.  I think we all understand then.

                            Heck, you know, pat everybody down



                                                        3114



                 if you've got a reasonable belief that there's

                 going to be some terrorist act in a stadium.

                 Or search all the cars going over a bridge if

                 you have some reasonable belief that somebody

                 is trying to blow up the bridge.

                            This bill isn't about that.  This

                 bill isn't about those kind of emergency

                 situations.  This bill is about everyday

                 conduct.  And I read this bill, and my first

                 thought is this bill is an unlimited license

                 to profile.  That's what it is.  It's a

                 license to profile -- the very profiling that

                 we have for these past years been concerned,

                 about been angry about.

                            We see in a neighboring state the

                 huge struggles, the New Jersey Turnpike

                 experience where people were stopped -- what

                 was the term they used, driving while

                 black? -- and the great trauma and injustices

                 that arose out of that.

                            I don't think we in New York State

                 want to adopt a license to profile.  And

                 that's not a slur on the great majority of our

                 policemen and women and law enforcement

                 personnel.  They have a job to do.



                                                        3115



                            But we have a job to do as well.

                 And our job is to define the standards on

                 which we want them to conduct their law

                 enforcement activities.

                            I remember many, many years ago

                 traveling -- many years ago, 30 some years

                 ago -- joining volunteer efforts put together

                 by the late, great Paul O'Dwyer to provide

                 volunteer legal representation to certain

                 people, most of whom were Irish-Americans, who

                 the federal government was investigating for

                 gun-running, alleged gun-running activities.

                            While I was doing this great work

                 as a young lawyer, my then wife and I decided

                 we wanted to go to Ireland for a vacation.

                 Long before I was in public office.  And lo

                 and behold, there was always that one car that

                 followed us everywhere.  And eventually the

                 Garda stopped us, and they had a whole lot of

                 I thought irrelevant questions for me about

                 what I'd done in New York as well as since I'd

                 been there.

                            And in my natural American

                 hesitation to answer, I was very curtly

                 informed that I could be taken in and held --



                                                        3116



                 and this was not in northern Ireland, this was

                 in the Republic -- and be held for seven days,

                 without talking to lawyers or anybody else,

                 until I chose to answer all their questions.

                            I don't think we want to go there.

                 By the way, I answered all the questions on

                 the spot.  I didn't want to ruin my vacation.

                 And I didn't really have anything to hide.

                            But the fact is, I don't think we

                 want to go down this road.  Reasonable

                 suspicion is a pretty loose standard as it is

                 for the police.  It's a combination of some

                 objectivity, yes, some street smarts on the

                 part of policemen and women.  And we want them

                 to have some street smarts and street

                 knowledge about, you know, trouble spots and

                 troublemakers.  That's -- you know, we can

                 live with that.

                            This idea, though, that a police

                 officer can just basically stop everybody

                 coming down the street -- not in a national

                 emergency, I think we'd understand that -- but

                 just as part of a hit-or-miss "I'm going to

                 make a bust if I got to stop fifty people," I

                 don't think that's the way to go.  I think



                                                        3117



                 this goes way too far.  Way too far.

                            And, you know, if you look at the

                 federal exclusionary rule, if you read

                 carefully the seminal Supreme Court cases that

                 federalized the -- that used the 14th

                 Amendment to apply the exclusionary rule to

                 the states -- what am I thinking of?  Mapp

                 against Ohio, probably.  And their rationale

                 was -- there had been a federal rule for

                 federal officers -- that they were applying it

                 to the states because the states had failed to

                 take action against their law enforcement

                 personnel who violated people's rights under

                 the 4th Amendment against search and seizure.

                            And if you read that, there was

                 almost an invitation there that said this is

                 going to be the rule for the states until the

                 states prove to the Supreme Court that they'll

                 do something about it.

                            I have yet to see the really strong

                 enactment by this state that has real severe

                 punishments for law enforcement officers who

                 in bad faith, in bad faith conduct unlawful

                 searches and seizures.  Yes, there are civil

                 suits, there have been civil suits.  There are



                                                        3118



                 some pending now for some rather tragic cases

                 in New York City.  But realistically, when a

                 police officer in bad faith decides to conduct

                 an illegal search, what's the penalty?

                            I mean, yeah, there's a certain

                 irony in the exclusionary rule, because the

                 only person whose right to be secure, the only

                 people whose right to be secure against

                 unreasonable, unlawful search and seizure are

                 those who probably were guilty of something,

                 because the evidence being suppressed is

                 evidence of criminality.

                            But what have we done, what have we

                 done to vindicate and uphold the

                 constitutional rights of citizens who are

                 unlawfully searched and there's no criminal

                 evidence found?  They're upset, they're

                 outraged, maybe they'll sue.  I've yet to

                 hear, with probably one exception, of any

                 punishment coming down on law enforcement

                 officers or their supervisors who authorize

                 such conduct.

                            And I would suggest, before we

                 start tinkering with the exclusionary rule,

                 perhaps we ought to address what do you do



                                                        3119



                 about people who wilfully conduct unlawful

                 searches.  And if you could frankly vindicate

                 the rights of all the innocent people who are

                 unlawfully searched, then maybe you could

                 start talking about, well, do we really have

                 to let those few who were guilty of having

                 evidence of criminality walk by suppressing

                 the evidence.  We haven't done that.

                            So, Mr. President, I'm against this

                 bill.  I think we're going -- taking a big

                 step down the wrong path on this bill.  The

                 reason this country and this state are

                 different than the rest of the world, the

                 values that we uphold, are at stake here.  We

                 shouldn't let the criminals win.  We shouldn't

                 let anyone else win by changing our standards

                 because of their conduct.

                            I think, under present law, crime

                 has been coming down.  That's all we hear in

                 New York City and New York State, the drastic

                 reductions in crime.  Which the Governor takes

                 credit, for which Mayor Giuliani took credit

                 for, and Mayor Bloomberg takes credit for.

                 The drastic reductions in crime that we've

                 experienced have been under the law that we're



                                                        3120



                 now saying is too lenient, too liberal, too

                 whatever.

                            I don't understand.  If it's not

                 broke, we shouldn't be trying to fix it.  I'm

                 voting no, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Connor.  You will be recorded in

                 the negative.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  If the sponsor would yield for

                 one question.

                            ACTING PRESIDENT MORAHAN:

                 Senator Volker, will you yield for one

                 question?

                            SENATOR VOLKER:    Certainly.

                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    The

                 current law, as has been pointed out by some

                 of my colleagues, requires -- State Criminal

                 Procedure Law Section 140.50 permits police

                 officers to approach and stop a person in a

                 public place where the officer reasonably

                 suspects that the person is committing, has



                                                        3121



                 committed, or is about to commit a crime.

                            This legislation would change that

                 standard.  And it states that an officer may

                 approach a person, stop and take other actions

                 when he has an objective -- this is the

                 language of the bill -- an objective, credible

                 reason not necessarily indicative of

                 criminality to do so.

                            And I'd like the sponsor to list

                 for us, if he could, some examples of

                 objective, credible reasons not necessarily

                 indicative of criminality for stopping

                 someone.

                            SENATOR VOLKER:    Sure.  You could

                 list a whole bunch of things.

                            But let me tell you something,

                 Senator.  This has nothing to do, really, when

                 you come right down to it, with stopping

                 people in the street.  This isn't going to

                 change anything.

                            The problem here is, I think what

                 we're not looking at is we're reading this

                 language and we're saying, Oh, my gosh, people

                 are going to read this and a cop is going to

                 read this and say:  Now I can go out and



                                                        3122



                 really stop somebody.

                            This is all for the appeals courts.

                 I mean, remember, what this is about is how

                 appeals court have interpreted our statute.

                 And they've said, Well, if you don't know that

                 this is a criminal, if you don't know that

                 this person has committed a crime or is about

                 to commit a crime.

                            Well, the problem is that that's

                 getting into the head of the police officer.

                 And he has to have solid evidence, basically,

                 even though this person, as somebody said, may

                 walk up with a knife or a gun or a sword, as

                 one guy did, and swings it around.  Maybe he's

                 not a criminal.  Maybe he just happens to be

                 somebody who's walking down the street and

                 likes to use a sword.  Or the other guy that

                 had the AR-57, or whatever it was, without the

                 firing pin in it.

                            I think, Senator, the answer to

                 that is that the objective -- the objective,

                 credible -- you have to have some evidence

                 that the person did something which could be

                 interpreted as disorderly or criminal or

                 something of that nature.



                                                        3123



                            And this won't really change

                 anything, I can tell you.  I've been out in

                 the street, by the way, and I could tell you

                 some -- when I hear these stories about

                 minority neighborhoods, I have to kind of

                 laugh.  Because I was picked up, my son was

                 picked up.  I can tell you that it happens

                 everywhere, and it happens for different

                 reasons.

                            My son was speeding one night in

                 the Senate car.  The only reason they stopped

                 him, they knew for sure that that kid in the

                 car wasn't a Senator.

                            And, I mean, you know, things of

                 this nature that -- but the problem, I think,

                 is, Senator, and I mean this very sincerely, I

                 think I'm as assiduous to worries about law

                 enforcement officers as anybody.  I knew good

                 cops, and I knew bad cops.

                            And when you talk, by the way,

                 Senator Connor, about bad searches and things

                 like that, you're right, they don't prosecute

                 cops, they fire them.  At least in my area, if

                 you create too much problem and if you have --

                 and in the City of New York they do too, you



                                                        3124



                 just never hear about it.  Sometimes they do.

                 Or they get shifted out some place in East

                 Yujunga.

                            In the State Police, they ended up

                 in the North Country.  And if they do it too

                 often, they get fired.  Or you can bring

                 criminal charges against them, but you got to

                 prove it.  Which is my point.

                            And that is that I think -- I

                 understand what spawned this.  And I

                 understand the problems in New York City that

                 spawned this.  And -- but I can say to you

                 that if you have a person who commits or does

                 some activities that calls into question

                 whether they might create disorder, harm

                 themselves or harm somebody else, a police

                 officer right now has the right to stop that

                 person.

                            However, if they go into the

                 appeals court, they find a gun or, let's say,

                 drugs, courts have been regularly in New York

                 throwing those cases out.  Because they said,

                 Well, you didn't know he was going to commit a

                 crime.  You didn't know that he had already

                 committed a crime or might commit a crime.



                                                        3125



                 And therefore, they're throwing it out.

                            This statute is not for the street.

                 This statute is for the appeals courts.

                            And, you know, you mentioned Mapp

                 versus Ohio.  We can't reverse Mapp versus

                 Ohio.  We don't want to.  What this does,

                 however, is to allow New York police and New

                 York law enforcement people to have the same

                 kind of rule as is in the whole rest of the

                 country.

                            If police, by the way, abuse it,

                 then they should be punished and certainly

                 their charges could be thrown out.  This

                 doesn't say anything about arresting anybody.

                 This doesn't change arrest rules.  It's only

                 setting up a standard which has already been

                 the standard but which now makes more sense in

                 the appellate courts.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Mr. President, on the bill.

                            I certainly respect the sponsor's

                 sincerity.  However, I don't think we got an

                 answer to our question.  I do not understand

                 what an objective, credible reason not

                 necessarily indicative of criminality would be



                                                        3126



                 for stopping someone and again, this is the

                 language of the bill, take such other action

                 as the officer deems appropriate.

                            This is an extremely broadly worded

                 bill.  And it's asking us to do something, to

                 change a law, as has been pointed out by many

                 of my colleagues, that is working pretty well.

                 Crime has gone down.

                            I also don't know where we got this

                 notion that we're the most lenient -- have the

                 most lenient criminal justice system in the

                 world.  We incarcerate more people than any

                 other industrial democracy.  Maybe we have a

                 more lenient system than Iran.  But certainly

                 when you compare us to other industrial

                 democracies, we don't necessarily match up as

                 being so lenient.  There are not criminals

                 running free here that would be incarcerated

                 in other places.

                            And I would respectfully request

                 from the sponsor, before asking us to monkey

                 around with the rule that protects people from

                 abuses by those in authority, a rule that

                 changes a system that seems to be working

                 pretty well, to provide more justification



                                                        3127



                 than we've received so far.  I mean, the bill

                 memo states that guns and reliable evidence of

                 guilt are all too commonly excluded in murder,

                 rape, assault, robbery, weapons possession,

                 narcotics, and other serious felony trials in

                 our state.

                            I don't know how many -- there's no

                 citation to any studies showing how many there

                 are.  I know that, you know, from my own

                 limited experience I don't think it's very

                 much.  This is a prophylactic rule that works

                 more or less well.  I don't think that there's

                 any justification been offered to change it.

                            I would also note that in addition

                 to New York, many, many other states have an

                 alternative exclusionary rule to the federal

                 rule, including Alaska, Arizona, Connecticut,

                 Ohio, Indiana, Kansas, Kentucky, Louisiana,

                 Massachusetts, Michigan, Minnesota, Missouri,

                 Montana and -- out of deference to the time,

                 I'm not going to continue.

                            But there are lots of states that

                 have dual exclusionary rules.  Our dual

                 exclusionary rule works pretty well.  Crime is

                 going down.  We don't know how many of these



                                                        3128



                 bad cases actually exist.

                            And my final point, which I think

                 is critical, is that I don't see any possible

                 argument, if this is meant for appellate

                 courts, I think we should make it

                 constitutional before we send it to appellate

                 court.

                            We cannot legislate, by legislation

                 tell the Court of Appeals how to interpret the

                 New York State Constitution.  And Section 4 of

                 this bill seems to me to be a transparent

                 effort to do that.  This attempts to restrict

                 what courts can do in interpretations of the

                 State Constitution.  I don't see how that

                 survives scrutiny.

                            I hope that if there is a way to

                 address a serious problem that we experience

                 in terms of disorderly activity, unruly

                 activity -- many people have spoken about it.

                 Let's come up with a solution that actually

                 narrowly addresses that problem.

                            I don't see a definition of the

                 language in Section 1 that would allow us to

                 proceed responsibly with this bill.  I don't

                 see any sort of recitation of the numbers of



                                                        3129



                 cases in which criminals are getting away

                 because of abuses of the present system.  I

                 don't see any explanation how Section 4 could

                 possibly be constitutional.

                            And, frankly, I really don't see

                 the necessity to restrict constitutional

                 protections through a mechanism that is so

                 vaguely worded.

                            And I respect the fact that the

                 sponsor is talking about appellate courts.

                 But if this bill became law -- and I'm

                 confident it will not -- but if this bill

                 became law, you've got to believe that the

                 police officers of the state are going to be

                 aware of it and that it is going to change

                 conduct on the street.

                            So I'm going to be voting no, and I

                 hope we'll be able to come back to a more

                 realistic effort to address some of the issues

                 that have been raised here today at some point

                 before the end of the session.

                            Thank you, Mr. President.

                            SENATOR VOLKER:    Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Volker.



                                                        3130



                            SENATOR VOLKER:    Just let me say,

                 I guess I may have misspoke.  I didn't say our

                 system itself was so lenient.  Of course it's

                 not that lenient.  It's a good, tough system.

                            But I point out to you, and there's

                 a whole list of cases in the memo here that

                 points out some of the ludicrous attempts, I

                 think by the Appellate Division and by our

                 Court of Appeals to allow clearly criminal

                 people to be able to avoid justice.

                            The Torres case, where there was

                 all kinds of evidence that the person that

                 person they were looking for was the same

                 person.  It turned out he had guns and drugs

                 and so forth, because he dropped the bag.  And

                 the police officer had felt the bag and said,

                 "There's a gun there."  And they said, "Yeah,

                 but you didn't really know it was a gun."  I

                 mean, a lot of nonsense is what it really is.

                            This doesn't have to do with the

                 street because it -- it could have, by the

                 way, in one way been determined that the same

                 rules that apply presently, that is the rules

                 that apply presently for stop and frisk, could

                 potentially have been used, except that the



                                                        3131



                 narrow scope that many of the Appellate

                 Division judges are using, and the Court of

                 Appeals, is so narrow that they used the

                 present statute to exclude evidence.

                            There's nothing in this bill, when

                 you come right down to it, that allows police

                 that much latitude to stop and frisk anybody

                 that's not always there.  But what it does do,

                 however, is that it sends a message to our

                 Appellate Division and changes the statute.

                            And the basis of the constitutional

                 decision by our Court of Appeals is based on

                 our statute, not based on the federal

                 decision.  Because if it was, they would have

                 to follow federal constitutional law.

                            So what I'm saying is -- and I

                 understand the nervousness.  I'm nervous too

                 about this sort of stuff.  I've defended, I've

                 prosecuted, I've done all sides.  But I must

                 tell you that in the long haul we're going to

                 do a bill similar to this someday, I'm sure.

                 And unfortunately, we may do it in a big hurry

                 when -- if things get worse.  Which has always

                 bothered me, because the best time to do

                 statutes is not under some sort of an



                                                        3132



                 emergency, because then you tend to do things

                 that maybe are not the best idea.

                            The old saying about bad cases make

                 good law, well, that's not necessarily so.

                 Because in the long haul, if we should start

                 to get real big problems in our streets and

                 found out, for instance, like we now know,

                 that one of the terrorists was let out of

                 prison because of some, you know,

                 technicalities and so forth, you may see even

                 more of that.  And that's not good.

                            And I guess I understand your

                 concern.  I have the concern too.  But I have

                 a bigger concern that people who clearly are

                 guilty of a crime and are guilty of something

                 that they can't even defend are in a situation

                 where they're able to get off because somebody

                 made a technical decision based on what many

                 of us think are erroneous assumptions.

                            As I said, I was picked up one time

                 when I was younger on suspicion of a stolen

                 car because I was following the gasoline trail

                 of a car, because I knew it was a friend of

                 mine who had been in the car, and we were

                 trying to find out where he ended up.  And the



                                                        3133



                 police brought me in and sort of threatened

                 me.  The big threat was they were going to

                 call my father.  I said, "Please don't do

                 that, don't do that."

                            But the point is, I mean, these

                 kind of things do happen with law enforcement

                 people.  Because in the long haul, in the old

                 days, things were a lot different.  And we

                 realize that.  And we realize that things

                 are -- you know, have been in agitation in the

                 city because of all the problems that have

                 happened.

                            But just remember one thing, for

                 all of us, whatever -- whoever we are, in the

                 long haul, we're much better off to have a

                 tough, efficient, and just criminal justice

                 system.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Volker.

                            Does any other Senator wish to be

                 heard?

                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call



                                                        3134



                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            SENATOR MONTGOMERY:    To explain

                 my vote, Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Montgomery, to explain her vote.

                            SENATOR MONTGOMERY:    Yes, Mr.

                 President, just briefly to explain my vote.

                            I apologize for taking these --

                 some of these bills so personally and

                 expressing it in that way.  But I'm just

                 reminded how our experiences are so different.

                 And very often it shapes how we respond to

                 these bills.

                            I know that when I get off at

                 Exit 17 and I ride through and get back on the

                 Thruway, I'm constantly thinking, Whose

                 district am I in?  Is it yours, Mr. President?

                 It is Senator Larkin?  Is it Senator Bonacic?

                 Because I know that in case I get stopped and

                 I'm -- you know, I'm having to call someone,

                 I'm going to call one of you guys.  So I keep

                 your numbers with me.  Because I like driving



                                                        3135



                 down there, but I know it's not necessarily

                 the safest thing to do.

                            And now that I have a 16-year-old,

                 I guess I'm also so cognizant of the fact that

                 now for the first time he goes and comes by

                 himself.  And in his quest for a little bit of

                 independence, walking the streets in my

                 neighborhood, I've told him and all of his

                 friends:  "Be sure you take your

                 identification and my card."  And I mean that

                 most sincerely.  Because I understand that at

                 any moment, he could be stopped.

                            And even currently, he could be

                 stopped.  But with this legislation, if he is

                 stopped, there would be no recourse for me to

                 appeal that he was stopped for no apparent

                 reason.

                            So I think that is a mistake.  Yes,

                 I do take it very personally.  I know my

                 experience is so different from Senator

                 Volker's, and thus he has a different

                 perspective.  But this is what has shaped my

                 life, the experiences that I've had throughout

                 my life.

                            So I certainly take this very



                                                        3136



                 personally.  It's a very serious issue for me.

                 And I am voting no on this legislation,

                 therefore.

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 374 are

                 Senators Andrews, Breslin, Brown, Connor,

                 DeFrancisco, Dilan, Hassell-Thompson, L.

                 Krueger, Montgomery, Onorato, Parker,

                 Paterson, Sabini, Sampson, Schneiderman,

                 A. Smith, M. Smith, and Stavisky.  Ayes, 42.

                 Nays, 18.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            Senator Kuhl.

                            SENATOR KUHL:    That completes the

                 calendar, I believe, does it not, Mr.

                 President?

                            ACTING PRESIDENT MORAHAN:    Yes.

                            SENATOR KUHL:    Okay.  Can we

                 return now to the reports of standing

                 committees.  I understand that there's a

                 report of the Rules Committee at the desk.

                            ACTING PRESIDENT MORAHAN:    The



                                                        3137



                 Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills direct to third reading:

                            Senate Print 3060A, by Senator

                 Marcellino, an act to amend the Penal Law and

                 the Correction Law.

                            And Senate Print 4099, by Senator

                 Saland, an act to amend the Social Services

                 Law.

                            ACTING PRESIDENT MORAHAN:

                 Senator Kuhl.

                            SENATOR KUHL:    Move to accept the

                 report of the Rules Committee.

                            ACTING PRESIDENT MORAHAN:    All

                 those in favor of accepting the Rules

                 Committee report say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MORAHAN:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MORAHAN:    The

                 Rules report is accepted.

                            Senator Kuhl.

                            SENATOR KUHL:    Is there any



                                                        3138



                 housekeeping at the desk?

                            ACTING PRESIDENT MORAHAN:    Yes,

                 there is, Senator.

                            SENATOR KUHL:    Could we do that

                 at this time.

                            ACTING PRESIDENT MORAHAN:

                 Senator McGee.

                            SENATOR McGEE:    Mr. President, on

                 page number 38 I offer the following

                 amendments to Calendar Number 745, Senate

                 Print Number 1123.  And on behalf of Senator

                 Bonacic, I ask that said bill retain its place

                 on Third Reading Calendar.

                            ACTING PRESIDENT MORAHAN:    The

                 amendments are received and adopted, and the

                 bill will retain its place on the Third

                 Reading Calendar.

                            SENATOR McGEE:    Thank you, Mr.

                 President.

                            Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator McGee.

                            SENATOR McGEE:    On behalf of

                 Senator Skelos, on page number 39 I offer the

                 following amendments to Calendar Number 760,



                                                        3139



                 Senate Print Number 2851A, and ask that said

                 bill retain its place on Third Reading

                 Calendar.

                            ACTING PRESIDENT MORAHAN:    The

                 amendments are received and adopted, and the

                 bill will retain its place on the Third

                 Reading Calendar.

                            SENATOR McGEE:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator McGee.

                            Senator Kuhl.

                            SENATOR KUHL:    Does that complete

                 the housekeeping at the desk?

                            ACTING PRESIDENT MORAHAN:    Yes,

                 it does.

                            SENATOR KUHL:    May we return to

                 the order of motions and resolutions, then.  I

                 understand there's a privileged resolution, a

                 concurrent resolution at the desk.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            SENATOR KUHL:    I ask that the

                 title be read only and move for its adoption.

                            ACTING PRESIDENT MORAHAN:    The



                                                        3140



                 Secretary will read the title.

                            THE SECRETARY:    The Assembly sent

                 for concurrence Assembly Concurrent Resolution

                 Number 897.  Senator Balboni moves to

                 substitute Assembly Concurrent Resolution 897

                 for Senate Concurrent Resolution 1911.

                            ACTING PRESIDENT MORAHAN:

                 Substitution ordered.

                            The Secretary will read the title.

                            THE SECRETARY:    Assembly

                 Concurrent Resolution Number 897, concurrent

                 resolution of the Senate and Assembly

                 proposing to establish the Temporary Joint

                 Legislative Committee on Disaster Preparedness

                 and Response, and providing for such

                 committee's powers and duties.

                            ACTING PRESIDENT MORAHAN:    On the

                 resolution, all in favor signify by saying

                 aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MORAHAN:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MORAHAN:    The

                 resolution is adopted.



                                                        3141



                            SENATOR KUHL:    Mr. President,

                 will you please recognize Senator Larkin.

                            ACTING PRESIDENT MORAHAN:

                 Senator Larkin.

                            SENATOR LARKIN:    Thank you, Mr.

                 President.

                            We earlier passed two resolutions,

                 and I would like to ask that it be opened up

                 for all members.  One was on the initiation of

                 the Purple Heart stamp, which will be on

                 Friday, May 30th.  And the other is on the

                 fiftieth anniversary of the cessation of

                 hostilities in Korea.

                            ACTING PRESIDENT MORAHAN:

                 Resolutions 1899 and 1890 are open for anyone

                 who would like to be listed.  If you care not

                 to be listed on the resolutions as a sponsor,

                 notify the desk.

                            Thank you, Senator Larkin.

                            Senator Kuhl.

                            SENATOR KUHL:    Also, Mr.

                 President, Senator Balboni has indicated his

                 desire to have all the members on the

                 concurrent resolution which was just passed in

                 this house.  And so could we ask that the



                                                        3142



                 same -- take the same procedure, put every

                 member on.  That's with the consent of the

                 Minority members.

                            ACTING PRESIDENT MORAHAN:    The

                 resolution is open for anyone who wants to be

                 a sponsor.  Anyone who does not want to be a

                 sponsor, please notify the desk.

                            Senator Kuhl.

                            SENATOR KUHL:    That having been

                 done, Mr. President, there being no further

                 business to come before the Senate today, I

                 move the Senate stand adjourned until

                 tomorrow, Wednesday, May 28th, at 3:00 p.m.

                            ACTING PRESIDENT MORAHAN:    On

                 motion, the Senate stands adjourned until

                 Wednesday, May 28th, at 3:00 p.m.

                            (Whereupon, at 5:18 p.m., the

                 Senate adjourned.)