Regular Session - June 10, 2003

    

 
                                                        3648



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                               June 10, 2003

                                 3:11 p.m.





                              REGULAR SESSION







            SENATOR JOHN R. KUHL, JR., Acting President

            STEVEN M. BOGGESS, Secretary















                                                        3649



                           P R O C E E D I N G S

                            ACTING PRESIDENT KUHL:    The

                 Senate will come to order.  I ask the members

                 to find their places, staff to find their

                 places.

                            I'd ask everybody in the chamber to

                 rise and join with me in saying the Pledge of

                 Allegiance to the Flag.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            ACTING PRESIDENT KUHL:    We're

                 very, very pleased to have the Reverend Pat

                 Medeiros, from the Greece Assembly of God

                 Church, Rochester, New York, with us today to

                 deliver the invocation.

                            REVEREND MEDEIROS:    Gracious,

                 merciful and loving God, we come before You

                 with praise and thanksgiving in our hearts for

                 Your many blessings and provisions.

                            Father, I thank You for the state

                 senators, and I pray Your blessings upon them

                 and upon their families.  Lord, I pray that

                 You would grant them your wisdom today.  And I

                 do pray that the business that's conducted

                 would bring honor and glory to Your name, that



                                                        3650



                 it would be pleasing and acceptable in Your

                 sight.

                            We ask all this in Your holy and

                 precious name.  Amen.

                            ACTING PRESIDENT KUHL:    Reading

                 of the Journal.

                            THE SECRETARY:    In Senate,

                 Monday, June 9, the Senate met pursuant to

                 adjournment.  The Journal of Sunday, June 8,

                 was read and approved.  On motion, Senate

                 adjourned.

                            ACTING PRESIDENT KUHL:    Hearing

                 no objection, the Journal stands approved as

                 read.

                            Senator Robach, why do you rise?

                            SENATOR ROBACH:    Yes, Mr.

                 President.  If I could just take a moment to

                 thank Pastor Medeiros, on behalf of myself and

                 all my colleagues, for coming and sharing the

                 prayer.

                            But also, more importantly, in

                 addition to saying the prayer for us today, I

                 want to acknowledge all the great work that

                 Pastor Medeiros does, not only with his

                 congregation, but with the youth of our town.



                                                        3651



                 His church is located in about the middle of

                 the town of Greece, in which I reside.

                            In addition to all the good things

                 they do through their clergy, he truly is an

                 active member of the community and someone who

                 opens up his whole facility and church to the

                 usage of our entire community.

                            So I want to thank you for being my

                 friend, for being here today to pray, but,

                 more importantly, for being such a wonderful

                 and great addition to our community in Monroe

                 County and the town of Greece.

                            Thank you.

                            ACTING PRESIDENT KUHL:    Thank

                 you, Senator Robach.

                            Presentation of petitions.

                            Messages from the Assembly.

                            Messages from the Governor.

                            Reports of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Johnson,

                 from the Committee on Finance, reports the

                 following nominations.

                            As Superintendent of Banks, Diana

                 L. Taylor, of New York City.



                                                        3652



                            ACTING PRESIDENT KUHL:    Senator

                 Johnson, on the nomination.

                            SENATOR JOHNSON:    Please

                 recognize Senator Bruno.

                            ACTING PRESIDENT KUHL:    Senator

                 Johnson yields to Senator Bruno.

                            Senator Bruno, on the nomination.

                            SENATOR BRUNO:    Mr. President, I

                 am happy to rise in support of the nomination

                 of Diana Taylor to become the Superintendent

                 of Banking.  Governor Pataki used his great

                 wisdom in choosing an individual that is as

                 capable, as experienced as Diana Taylor.

                            Diana is here with her mom and dad,

                 and they are as proud of her as all of us here

                 in this chamber and all of New York State

                 should be.

                            She founded an investment banking

                 company.  She was the chief financial officer

                 for the Long Island Power Authority.  She has

                 been acting as deputy secretary to the

                 Governor for financing and housing.

                            She has been committed in the

                 public sector as a public servant.  She has

                 been in the private sector.  She brings with



                                                        3653



                 her all of this experience, all of this

                 talent, and all of that knowledge that she has

                 acquired, hands on, in serving a constituency

                 here in New York State.

                            So serving on the Banking Board,

                 serving as the Superintendent of Banks is

                 critically important to everyone here in this

                 state.  It is one of the most important jobs

                 that take place within the administration.

                 Because as we all know, in our personal lives,

                 in our business lives, in our professional

                 lives, not much happens without banking.

                            So I'm proud to move her nomination

                 for Superintendent of Banking.

                            ACTING PRESIDENT KUHL:    Senator

                 Paterson, on the nomination.

                            SENATOR PATERSON:    Mr. President,

                 I'm familiar with Diana Taylor from about

                 fifteen years ago when she was involved with

                 the establishment of an investment banking

                 company.  And at that time, she really opened

                 the door and helped to open the door for a lot

                 of minority investors to become part of that

                 process, an area that has been one of the few

                 that still is not fully populated by all



                                                        3654



                 citizens.

                            Her assistance, her dedication

                 in -- to that regard, and just her affable

                 personality as a human being -- which does

                 count in this process of nomination -- is

                 something that makes me as proud as Senator

                 Bruno is to second the nomination as well.

                            Now, I don't do as much banking as

                 Senator Bruno, but I know the importance of

                 banking in our society.  And the industry is

                 one of one that we're going to rely on and

                 need in the next couple of years to ameliorate

                 our fiscal crises.

                            And certainly in a decision-making

                 capacity, I'm sure that Diana Taylor will

                 stand among her predecessors who have served

                 the state well.

                            ACTING PRESIDENT KUHL:    Senator

                 Farley, on the nomination.

                            SENATOR FARLEY:    Thank you, Mr.

                 President.

                            I'm pleased to rise to speak in

                 support of Diana Taylor.  New York being the

                 financial center of the world, this is a very,

                 very critical post and one of the most



                                                        3655



                 important ones in the state of New York.

                            Ms. Taylor is truly a remarkable

                 young lady.  She's a graduate of Dartmouth, an

                 M.B.A. from Columbia, and, as Senator Bruno

                 said, has had an incredible financial

                 background.

                            But, you know, I have been involved

                 with banking almost the whole 27 years I've

                 been here, and we've seen a lot of

                 superintendents come through.  But none is

                 better qualified than Diana Taylor.

                            Truly, we're so fortunate to have

                 somebody that is willing to serve in public

                 service -- at a great financial loss, I must

                 say.  Because to have people to serve the

                 State of New York is truly a credit to our

                 Governor, Governor Pataki.  And she of course

                 served as a deputy secretary to the Governor.

                            And we're indeed fortunate, and I

                 must commend the Governor on being able to

                 retain such a remarkable person as our

                 Superintendent of Banks.

                            I look forward to working with her,

                 and I know that the Banking Department is very

                 excited about having her as the new



                                                        3656



                 superintendent.  And I wish you well.

                            And, Mr. President, we're pleased

                 to make the Senate so welcome of Diana Taylor

                 as our new Superintendent of Banks.

                            ACTING PRESIDENT KUHL:    Senator

                 Malcolm Smith, on the nomination.

                            SENATOR MALCOLM SMITH:    Yes,

                 thank you very much, Mr. President.

                            As I told my colleagues in both the

                 Banking Committee meeting and also in Finance

                 today, we talked much about Diana Taylor and

                 her financial scholarship, her academic

                 background, in addition to the famous and

                 mostly financial institutions that she has

                 worked in.  And they are probably six or seven

                 of the best.

                            What I explained to my colleagues

                 is that looking at Diana Taylor's resume, what

                 you do not see is the character of Diana

                 Taylor.  And I will tell you, as someone who

                 knows her personally, she is -- what I've told

                 my colleagues -- a regular person.

                            When you have the opportunity to

                 deal with her, whether it is on predatory

                 lending matters or other banking matters, you



                                                        3657



                 will find her to be not only honest and

                 forthright, but she is someone that is very

                 approachable, she's very sincere, and she

                 follows through on things that you come to her

                 with.

                            She is a person that I've gotten to

                 know and work through a couple of different

                 matters on, and all of which had a positive

                 solution to it.  And I would only say that

                 this is a great day for the Senate, it's a

                 great day for our state.  The Governor should

                 be commended on his selection.

                            And I explained this to her; as I

                 normally do my biblical readings in the

                 morning, the day that she first got her

                 nomination in front of the Banking

                 Committee -- as you know, Senator Farley, the

                 word for that day was "good news."

                            Well, my comment to you today is

                 this is good news for us in the nomination of

                 Diana Taylor.

                            ACTING PRESIDENT KUHL:    Senator

                 Olga Mendez, on the nomination.

                            SENATOR MENDEZ:    Mr. President, I

                 rise with great pride to support the



                                                        3658



                 nomination of Diana Taylor for the position of

                 Superintendent of Banks.

                            And I really have to congratulate

                 our Governor Pataki for choosing her.  As a

                 woman myself, I have great admiration for her.

                 Her career, both in the public and private

                 sector, has been outstanding.  And the way

                 that she has also to deal with people, I think

                 that she is going to end up being the best

                 superintendent of banks that we have ever had

                 in New York State.

                            Thank you, Mr. President.

                            ACTING PRESIDENT KUHL:    Is there

                 any other Senator wishing to speak on the

                 nomination?

                            SENATOR DIAZ:    Mr. President.

                            ACTING PRESIDENT KUHL:    Senator

                 Diaz.

                            SENATOR DIAZ:    As a Puerto Rican

                 Democratic Senator here in Albany, I just

                 don't want to be left out.  Because Senator

                 Mendez, representing the other side of the

                 aisle, has indicated the support that the

                 Hispanic community is giving to this

                 nomination.  So I want to make sure that on



                                                        3659



                 this side, the Democratic side, the Hispanic

                 community also are supporting strongly, are

                 strongly in support of the nomination of Diana

                 Taylor.

                            So it makes the other aisle, the

                 Republican aisle, the Hispanic on that side

                 and the Hispanic on this side, we are all

                 together supporting the nomination of Diana

                 Taylor.  We are proud that the Governor has

                 nominated such a wonderful person for that

                 position.

                            ACTING PRESIDENT KUHL:    Senator

                 Krueger, on the nomination.

                            SENATOR LIZ KRUEGER:    Thank you.

                 I too would just like to rise briefly in

                 support of Diana Taylor's nomination.

                            She has the financial expertise, as

                 we know, the integrity.  She's also a

                 constituent in my district.  So it gives me

                 pleasure to be able to rise on her behalf.

                            And finally, as we know, there are

                 not enough women in power in the world of

                 finance or government.  So I'm also very

                 pleased that we have a new woman leader as the

                 commissioner of banking in the state of



                                                        3660



                 New York.

                            So congratulations, Diana Taylor.

                            Thank you.

                            ACTING PRESIDENT KUHL:    Any other

                 Senator wishing to speak on the nomination?

                            Hearing none, the question is on

                 the nomination of Diana Taylor to become the

                 Superintendent of the New York State Banking

                 Department.  All those in favor signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT KUHL:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT KUHL:    The

                 nominee is unanimously confirmed.

                            We're very, very happy to not only

                 Diana Taylor in the audience with us, in the

                 gallery to your left, but also her mother and

                 father, Doug and Lois Taylor.

                            Congratulations, Superintendent.

                            (Standing ovation.)

                            ACTING PRESIDENT KUHL:    The

                 Secretary will continue to read.

                            THE SECRETARY:    As Commissioner



                                                        3661



                 of Alcoholism and Substance Abuse Services,

                 William A. Gorman, of Albany.

                            ACTING PRESIDENT KUHL:    Senator

                 Johnson.

                            SENATOR JOHNSON:    Please

                 recognize Senator Bruno.

                            ACTING PRESIDENT KUHL:    The chair

                 recognizes Senator Bruno.

                            SENATOR BRUNO:    Thank you,

                 Senator Johnson, and Mr. President and

                 colleagues.

                            Again, I am proud to rise in

                 support of a highly qualified individual to

                 serve in a very important agency here on

                 behalf of the people of this state.

                            Dr. Bill Gorman has been in the

                 medical profession for the last 30-plus years.

                 Graduating as an R.N. from Roosevelt-Columbia

                 School of Nursing in '72, he has gone on to

                 serve in more capacities than I can relate,

                 all relating to alcohol, substance abuse, HIV

                 counseling.

                            He has worked at the V.A. Hospital

                 here for the last 25 years, in charge of detox

                 and dealing with people who are there and



                                                        3662



                 throughout the whole region, always dealing

                 with people who can't help themselves.

                            So Dr. Gorman, in taking on the

                 responsibility of the Commissioner of OASAS,

                 takes on a huge job.  I think the caseload

                 there is like 125,000 people a year, some of

                 them the most disadvantaged and unfortunate.

                 And it takes someone with a background,

                 experience, the capacity of a Dr. Bill Gorman.

                            He is an ordained permanent deacon

                 in the Catholic Church.  He is a certified

                 counselor in dealing with alcohol and

                 substance abuse and comes really with a wealth

                 of experience in a field that is so critical

                 to the health and welfare of all of the people

                 here in New York State.

                            So we commend the Governor for his

                 judgment and his wisdom in finding a true

                 professional who at this stage of his life

                 will commit his numerous talents, experience,

                 and his ability to helping people who truly

                 need help, who are less fortunate than others.

                            So, Mr. President, I'm proud to

                 move the nomination of Dr. Bill Gorman as the

                 Commissioner of Alcoholism and Substance Abuse



                                                        3663



                 Services.

                            ACTING PRESIDENT KUHL:    Senator

                 Breslin, on the nomination.

                            SENATOR BRESLIN:    Thank you, Mr.

                 President.

                            I can only echo Senator Bruno's

                 remarks, which were so thorough and so

                 professional, in relating to you and to the

                 gallery the qualities of Bill Gorman, who's

                 been a friend of mine for years and a

                 constituent as well.

                            A person who has compassion, a

                 person who really knows the alcoholism, drug

                 addiction, the AIDS area as well as anyone in

                 this state.  Someone that has a couple of

                 master's degrees, a couple of doctorate

                 degrees, but at the same time, when you look

                 at his resume, it's his hands-on ability to

                 deal with the problem, a problem that gets

                 more complex every day.

                            And I really firmly believe that

                 Bill Gorman will be the one that will come up

                 with those new and innovative programs to

                 treat those areas of addiction that to this

                 day have gone untreated.



                                                        3664



                            So again, my hat's off to Bill

                 Gorman and his family on this wonderful day.

                            Thank you very much, Mr. President.

                            ACTING PRESIDENT KUHL:    Is there

                 any other Senator wishing to speak on the

                 nomination?

                            Hearing none, the question is on

                 the nomination of William A. Gorman to become

                 the Commissioner of Alcoholism and Substance

                 Abuse Services.  All those in favor of the

                 nomination signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT KUHL:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT KUHL:    The

                 nominee is unanimously confirmed.

                            We're very, very pleased to have

                 Dr. Gorman in the gallery to your left,

                 together with his wife, daughter, and son:

                 Joanne, Dr. Tara, and Terence.

                            Congratulations, Commissioner.

                            (Applause.)

                            ACTING PRESIDENT KUHL:    The

                 Secretary will continue to read.



                                                        3665



                            THE SECRETARY:    As a member of

                 the State Athletic Commission, Ronald

                 Rabinowitz, of Brooklyn.

                            ACTING PRESIDENT KUHL:    Senator

                 Johnson.

                            SENATOR JOHNSON:    Please

                 recognize Senator Maziarz for the nomination.

                            ACTING PRESIDENT KUHL:    The chair

                 recognizes Senator Maziarz on the nomination.

                            SENATOR MAZIARZ:    Thank you very

                 much, Mr. President.

                            It's a great honor for me to move

                 this nomination of Ronald Rabinowitz to become

                 a member of the State Athletic Commission and

                 eventually become the chairman of that

                 commission.

                            Ron Rabinowitz, who's probably

                 better known as Ron Scott Stevens, has been

                 involved in the area of boxing promotion for

                 several years, and in fact currently serves as

                 the director of boxing for the State Athletic

                 Commission.  He's done such an excellent job

                 during the short time that he's been there

                 that Governor Pataki and other people

                 recognize those talents and have designated



                                                        3666



                 him as a member of the commission and to

                 become the chairman of the State Athletic

                 Commission.

                            His background as a matchmaker, as

                 a promoter of boxing, we think will go a long

                 way towards redeveloping the sport of boxing

                 within the State of New York.  And it's a

                 pleasure and an honor for me, Mr. Chairman, to

                 place his name in nomination.

                            Thank you.

                            ACTING PRESIDENT KUHL:    Is there

                 any other Senator wishing to speak on the

                 nomination?

                            Senator Malcolm Smith, on the

                 nomination.

                            SENATOR MALCOLM SMITH:    Thank you

                 very much, Mr. President.  I rise to support

                 the nomination.

                            And as I indicated in my committee

                 meeting, I mentioned to Ron that I would hope

                 that next year, for those of you who are

                 familiar with the LCA dinner, that being that

                 he's the head of the Athletic Commission, that

                 we will get a better decision in the round

                 between "No Smoking" Joe Bruno and David "Ali"



                                                        3667



                 Paterson at the end of the LCA dinner.

                            Congratulations to Ron.

                            ACTING PRESIDENT KUHL:    Any other

                 member wishing to speak on the nomination?

                            Senator Bruno, on the nomination.

                            SENATOR BRUNO:    Mr. President, I

                 just want to follow the senators in

                 congratulating our new Commissioner of the

                 Athletic Commission.

                            Having witnessed some of the

                 interest in this chamber in sports and

                 especially in boxing, and especially, of late,

                 with our Minority Leader really taking up the

                 challenge, you have your work cut out for you.

                            That is an important area here in

                 the state, and it's one that certainly can use

                 your background, your judgment, and your good

                 talents.  So we congratulate you on assuming

                 your new responsibilities.

                            Thank you, Mr. President.

                            ACTING PRESIDENT KUHL:    Senator

                 Hoffmann, on the nomination.

                            SENATOR HOFFMANN:    Thank you very

                 much, Mr. President.

                            As all of you know in this chamber,



                                                        3668



                 I am the proud mother of the International

                 Boxing Hall of Fame headquartered in

                 Canastota, New York.  And it is my great

                 pleasure every year, sometimes a couple of

                 times a year, to welcome boxers and fight fans

                 from all over the world to beautiful

                 Canastota.

                            And one of the dignitaries who is

                 regularly in Canastota is none other than our

                 new confirmee.  He is very, very well

                 respected in the boxing community and by the

                 good people of Canastota and I'm sure will

                 serve admirably in his new capacity as

                 athletic chairman.

                            ACTING PRESIDENT KUHL:    Any other

                 Senator wishing to speak on the nomination?

                            Hearing none, the question is on

                 the nomination of Ronald Rabinowitz to the

                 State Athletic Commission.  All those in favor

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT KUHL:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT KUHL:    The



                                                        3669



                 nominee is unanimously confirmed.

                            We're very, very pleased to have

                 Mr. Rabinowitz in the gallery to your left

                 with us today, together with his wife, Diane

                 Moshe.

                            Commissioner, congratulations.

                            (Applause.)

                            ACTING PRESIDENT KUHL:    The

                 Secretary will continue to read.

                            THE SECRETARY:    As banking

                 members of the State Banking Board, Clifford

                 M. Miller, of Hurley, and Alan Shamoon, of

                 Great Neck.

                            As a public member of the State

                 Banking Board, James E. Higgins, of New York

                 City.

                            As a member of the Fire Fighting

                 and Code Enforcement Personnel Standards and

                 Education Commission, Bruce E. Heberer, of

                 Johnstown.

                            As commissioner of the State

                 Insurance Fund, Jane A. Rees-Halbritter, of

                 Rome.

                            As a member of the State Park,

                 Recreation and Historic Preservation



                                                        3670



                 Commission for the City of New York, Allison

                 Whipple Rockefeller, of New York City.

                            As a member of the Medical Advisory

                 Committee, Mary Kathryn Lashomb, of Owl's

                 Head.

                            As a member of the Council on Human

                 Blood and Transfusion Services, William Allen

                 Fricke, M.D., of Rochester.

                            As a member of the Advisory Council

                 on Agriculture, Leslie Cole, Jr., of Livonia.

                            As a member of the Advisory Council

                 on Alcoholism and Substance Abuse Services,

                 Barbara A. Peters, of Akron.

                            As a member of the Public Health

                 Council, Edward Alan Stolzenberg, of

                 Briarcliff Manor.

                            And as Rear Admiral, New York Naval

                 Militia, James R. Edgar, of Schenectady.

                            ACTING PRESIDENT KUHL:    The

                 question is on the nominations.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT KUHL:    Opposed,

                 nay.

                            (No response.)



                                                        3671



                            ACTING PRESIDENT KUHL:    The

                 nominees are confirmed.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Senator

                 DeFrancisco, from the Committee on Judiciary,

                 reports the following nominations.

                            As a judge of the Cortland County

                 Court, Julie A. Campbell, of Preble.

                            ACTING PRESIDENT KUHL:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    Mr.

                 President, I'm pleased to rise to move the

                 nomination of Julie A. Campbell as a judge of

                 the Cortland County Court, which is a

                 three-hat court, as we've learned during the

                 proceedings before the Judiciary Committee.

                            The committee found Ms. Campbell

                 well qualified and unanimously voted for her

                 nomination to appear on the floor today for

                 confirmation.

                            I'd like to recognize Senator

                 Seward to second the nomination.

                            ACTING PRESIDENT KUHL:    The chair

                 recognizes Senator Seward on the nomination.



                                                        3672



                            SENATOR SEWARD:    Thank you, Mr.

                 President.

                            It's a great personal honor as well

                 as an honor on behalf of my constituents in

                 Cortland County and throughout my district to

                 rise to second the confirmation of Julie A.

                 Campbell to be judge of the Cortland County

                 court.

                            And as Senator DeFrancisco has

                 pointed out, in Cortland County, to be county

                 judge means that you preside over the Criminal

                 Court, the Family Court, as well as

                 Surrogate's Court.  And I think that the

                 Governor has made an outstanding choice in

                 Julie A. Campbell to fill this important role

                 locally.

                            Julie is a product of Central

                 New York, grew up in the rural area of Central

                 New York, attended Colgate University and

                 received her law degree from Western New

                 England School of Law, and ultimately returned

                 to Central New York and became a very

                 distinguished and well-recognized member of

                 the bar in Cortland and throughout Central

                 New York.



                                                        3673



                            In addition to her service as a

                 member of the bar, her direct experience with

                 the Family Court, Criminal Court, as well as

                 the Surrogate's Court -- all experience that

                 will serve her well in this new capacity --

                 she has been an outstanding member of our

                 community, serving on a number of community

                 service boards, making good things happen in

                 our community.  That's the legacy of Julie

                 Campbell.

                            Her integrity is unquestioned.  Her

                 intelligence is obvious.  And she is going to

                 be a firm but fair county judge in Cortland

                 County.

                            So I'm absolutely delighted to rise

                 in support of her confirmation.  It's a great

                 day for the people of Cortland County to have

                 someone of Julie's caliber assume the county

                 court bench.

                            I'm delighted for her family.  Her

                 husband, Bruce Fein, is with her today; her

                 sister, Beth Campbell; and her good friend,

                 Joanne Michaels.  I'm happy for them.  I'm

                 happy personally.  And I'm very pleased on

                 behalf of the people of Cortland County.



                                                        3674



                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos.

                            SENATOR SKELOS:    Thank you, Mr.

                 President.

                            Recently I had the opportunity to

                 travel to Cortland County with Senator Seward

                 where, at a dinner, I met with Julie Campbell

                 and had the opportunity to have a most

                 engaging conversation.  And I feel well

                 assured, as a member of the bar, that Julie

                 has the temperament and the ability to serve

                 as a outstanding county court judge.

                            So I congratulate you, Senator

                 Seward, on I know proposing the nomination,

                 and for the Governor for making this

                 nomination.  And I urge all my colleagues to

                 be supportive.

                            Congratulations to you.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.

                            SENATOR BALBONI:    Mr. President,

                 I too would like to rise from the other part

                 of the state.  But Julie Campbell's fame and

                 qualifications have reached all over the



                                                        3675



                 place.

                            And she is in fact a terrific

                 example of somebody who's worked very hard all

                 of her life.  I got a chance to speak with her

                 and her husband.  They're really the salt of

                 the earth.  They believe in public service.

                            But one of the pieces that I think

                 that perhaps people don't know is that Julie

                 Campbell also brings something else to the

                 bench.  She was a former Dairy Princess of a

                 neighboring county.  So she not only brings

                 intelligence, but she brings grace and poise

                 to the job as well.

                            So I'm happy to second the

                 nomination as well, Mr. President.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Does any

                 other Senator wish to be heard on the

                 nomination?

                            The question, then, is on the

                 confirmation of Julie A. Campbell as a judge

                 of the Cortland County Court.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those



                                                        3676



                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 nominee is unanimously confirmed.

                            Judge Campbell is present with us

                 today in the gallery.  She's accompanied by

                 her husband, Bruce Fein, her sister, Beth

                 Campbell, and her friend Joanne Michaels.

                            Judge, we wish you very good luck

                 with your very important duties.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    As a judge of the

                 Court of Claims, John G. Ingram, of Brooklyn.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    Mr.

                 President, I am again proud to rise to move

                 the nomination of John G. Ingram as a judge of

                 the Court of Claims.

                            He appeared before the Judiciary

                 Committee today, he was deemed to be well

                 qualified, and we unanimously voted to refer

                 his nomination to the full floor for a vote.



                                                        3677



                            I'd like to ask that Senator Golden

                 be recognized to second the nomination.

                            ACTING PRESIDENT MEIER:    Senator

                 Golden.

                            SENATOR GOLDEN:    Thank you,

                 Senator DeFrancisco, Acting President.

                            It is an honor for me to rise here

                 today for John G. Ingram to be nominated and

                 to be confirmed today as a Court of Claims

                 judge for Kings County.  John is not only a

                 good family man, but he's also a good friend.

                            And his father-in-law is probably

                 smiling down on him today, as his wife Maureen

                 sits up in the crowd there.  He was in this

                 Assembly in 1944 to 1945, I believe, and in

                 1954 Walter Cooke joined the New York State

                 Senate and was a Senator here for many years

                 until he went on to the Court of Claims later

                 on in his tenure.

                            So he is shining down here upon you

                 and your family today, John.  But he's also

                 shining down not only on those, but on what

                 you've been able to accomplish, and your

                 fairness and your ability to hear all sides of

                 the issues and to make a determination without



                                                        3678



                 bias, on your demeanor and your even

                 temperament.  You're courteous and patient to

                 everybody, to the witnesses and to the jurors.

                            Your legal expertise and your

                 experience, your ability to manage a courtroom

                 and keep cases moving while giving each case

                 its due consideration, your intelligence, and

                 your ability to ask the right questions and to

                 do the research required to make an informed

                 decision.

                            You have a great, great background

                 and a great bio here.  In 1964, you were a

                 graduate of SUNY Maritime.  And he sits on my

                 board as my chairperson on my nominations that

                 go to the SUNY Maritime.

                            He served in the Naval Reserve from

                 1964 to 1995 and retired as a captain.  In

                 1969, he was a graduate of St. John's Law

                 School.  He was an international trial lawyer,

                 criminal trial experience, and experienced in

                 virtually all areas of civil litigation and

                 arbitration.  Also an arbitrator.

                            He has worked on cases in 28

                 states, in Puerto Rico, and in the United

                 States Virgin Islands.



                                                        3679



                            He has served throughout this

                 country and throughout this state.  He has

                 done a great, great service for our community,

                 for our city, the City of New York, and for

                 our state.

                            He's joined today by his wife,

                 Maureen, and his daughter Mary Allison and his

                 son-in-law Mark Muccigrosso, his grandsons

                 Ryan and Justin Muccigrosso, his son Sean, his

                 daughter-in-law Rita, his son Brian and

                 daughter Maureen Patricia Ingram, assistant

                 principals in New York City, and his brother

                 David, a retired New York City Police

                 Department inspector.

                            But having said all of that and

                 brought out all of that bio, the best thing

                 about this man is his civic involvement and

                 his involvement in the community.  He is,

                 since 1959, a volunteer for the Breezy Point

                 Volunteer Fire Department.  That says volumes.

                            Thank you, sir.  And we hope to

                 move this nomination today.  Congratulations.

                            ACTING PRESIDENT MEIER:    Senator

                 Malcolm Smith.

                            SENATOR MALCOLM SMITH:    Yes,



                                                        3680



                 thank you very much, Mr. President.

                            This is obviously a great day for

                 me.  Not only was I able to speak on Diana

                 Taylor's nomination, but now I have the

                 opportunity to speak on, as I like to call him

                 now, Judge Ingram's nomination.

                            And clearly Senator Golden

                 explained all the background, all of his

                 background from a legal standpoint, and his

                 family background.  And I think he got to the

                 most salient point at the end, and that was

                 John's volunteerism with the Breezy Point Fire

                 Department since 1959, where he also served as

                 counsel to them on a volunteer basis since

                 1969.

                            I believe that he's going to make a

                 tremendous judge.  The Governor once again has

                 chosen someone with tremendous integrity.  And

                 I just want to extend my congratulations to

                 both him and his wife and his family.

                            ACTING PRESIDENT MEIER:    Does any

                 other Senator wish to be heard on the

                 nomination?

                            The question is on the confirmation

                 of John G. Ingram as a judge of the New York



                                                        3681



                 State Court of Claims.  All those in favor

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    Judge

                 Ingram is unanimously confirmed.

                            Judge Ingram is standing there with

                 us in the gallery today.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Best

                 wishes with your important duties, judge.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there will be an immediate meeting of the

                 Rules Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT MEIER:

                 Immediate meeting of the Rules Committee in

                 the Majority Conference Room.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    As a judge of the

                 Court of Claims, Philip J. Patti, of



                                                        3682



                 Pittsford.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I'm very

                 proud, again, to rise to move the nomination

                 of Judge Philip J. Patti.  This is for the

                 Court of Claims.  It's a renomination.

                            Our committee found Judge Patti

                 well qualified and unanimously voted to refer

                 his nomination to the full Senate.

                            And I'd like to ask that Senator

                 Kuhl be recognized to second the nomination.

                            ACTING PRESIDENT MEIER:    Senator

                 Kuhl.

                            SENATOR KUHL:    Thank you, Mr.

                 President.

                            I rise to second the nomination of

                 Philip J. Patti to a position as justice of

                 the Court of Claims.

                            It was just seven years ago when I

                 stood before this chamber and extolled the

                 virtues of this young man.  I told you about

                 his activities in the community, his

                 activities in the courtroom, his activities in

                 the church, and his completeness as an



                                                        3683



                 individual who was about to step to the bench

                 and serve in that capacity as a judge of the

                 Court of Claims.

                            Today I rise just to point out to

                 you that in the seven years since 1996, when

                 Judge Patti first took office as a judge of

                 the Court of Claims, in fact much has changed

                 in this world.  And we're in a time of

                 corporate greed, we're in a time of newspaper

                 reporters having questioned credentials and

                 authenticity about their articles.

                            But I can tell you one thing.  Not

                 only does Judge Patti continue to extol the

                 virtues of a member of the bench, not only

                 does he continue to have the experience of

                 community activities, the intelligence of a

                 young man who in fact can carry out the law

                 that we enact in this body, but also he has

                 and has exhibited the integrity of the bench

                 beyond and above what I think is called for in

                 a position of that nature.

                            So it's with great pride and

                 pleasure that I stand here to second the

                 nomination of Philip J. Patti as a member of

                 the bench on the Court of Claims.



                                                        3684



                            And I'm proud to say, Philip,

                 you've done an outstanding and wonderful job.

                 You're doing a great job as a jurist.  And

                 certainly I'm proud to call you my friend.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the

                 nomination?

                            The question, then, is on the

                 confirmation of Philip J. Patti as a judge of

                 the Court of Claims.  All those in favor

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 nominee is unanimously confirmed.

                            Judge Patti is present with us

                 today in the gallery.  He is accompanied by

                 his wife, Polly.

                            Judge, congratulations and good

                 luck with your important duties.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    The



                                                        3685



                 Secretary will continue to read.

                            THE SECRETARY:    As a judge of the

                 Supreme Court of the Ninth Judicial District,

                 Christine A. Sproat, of LaGrangeville.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I'm very

                 proud today, obviously, because I keep rising

                 and saying I'm proud.

                            But before I move the nomination of

                 the next nominee, I think it should be noted

                 about all the nominees that these are very

                 well qualified and outstanding individuals in

                 each of their communities.  And we've got to

                 commend Governor Pataki for continually

                 sending nominees as qualified as these

                 individuals are.

                            And many of them are involved in

                 busy law practices.  I know it's a financial

                 sacrifice for them to take these positions and

                 serve the public.

                            And I just wanted to mention that

                 with respect to each nominee as I now rise,

                 proudly rise, to move the nomination of

                 Christine A. Sproat as justice of the Supreme



                                                        3686



                 Court of the Ninth Judicial District.

                            Judge Sproat, soon to be Judge

                 Sproat, unanimously passed our committee, was

                 found to be well qualified.

                            And I would now request that

                 Senator Leibell be recognized to second the

                 nomination.

                            ACTING PRESIDENT MEIER:    Senator

                 Leibell.

                            SENATOR LEIBELL:    Thank you very

                 much, Mr. President.

                            And as Senator DeFrancisco noted,

                 we are very grateful to the Governor for the

                 fine list of names that he has sent to us for

                 the judiciary.

                            And it's always a pleasure to rise

                 and to speak on behalf of someone who's here

                 from your district.  But I have to say that to

                 rise now on behalf of this nomination for

                 Christine Sproat is a particular pleasure for

                 me.

                            I, like my colleague, Senator

                 Saland, we have known Christine, we have known

                 this family for over two decades, in my case.

                 And we've known them to be one of the foremost



                                                        3687



                 and one of the finest families in our Dutchess

                 County area.

                            In terms of Christine, I also want

                 to note that she brings to this position

                 certain unique qualifications.  She not only

                 brings experience and expertise in the private

                 practice of law, but she also has had a long

                 and distinguished career serving as a

                 principal attorney for judges who are serving

                 currently on the bench.

                            I'm very pleased to have the chance

                 to speak on behalf of Christine Sproat.

                            And I would also note that we have

                 a number of people from the town of Beekman

                 here also -- Jennie Calamari I see up there,

                 and Evelyn Heady.  And you can see our

                 distinguished counsel, Kelly Ruane, from the

                 town of Beekman also.  So I think we've got

                 just about the whole town here today.

                            But to Chris, her husband, Jim, and

                 their children, I know this is a special day

                 for you.  And I'm deeply honored and pleased

                 to have the opportunity to speak on your

                 behalf today.

                            Thank you, Mr. President.



                                                        3688



                            ACTING PRESIDENT MEIER:    Senator

                 Saland.

                            SENATOR SALAND:    Thank you, Mr.

                 President.

                            I too, like my friend and colleague

                 Senator Leibell, rise to once again commend

                 the Governor for an extremely capable

                 appointment.  I think we have all agreed in

                 this chamber that time and again the Governor

                 has seen fit to appoint only the highest of

                 qualified candidates to the bench.

                            Christine Sproat is a woman who has

                 a broad resume, a resume of accomplishment, a

                 resume which shows not only that she knows

                 what it's like to practice as an attorney, but

                 rich experience as a confidential law

                 secretary to, in fact, the very judge that she

                 will now be succeeding, Judge Judith Hillery.

                            Christine is an active member of

                 our community.  She has served in numerous

                 capacities with various organizations dealing

                 with issues from daycare to domestic violence.

                 She has truly been exemplary in her commitment

                 to both community and to the bar.

                            I'm sure she will be an exceptional



                                                        3689



                 jurist, both by way of temperament, by way of

                 background.  She has truly been trained for

                 this moment.  And the people of the Ninth

                 Judicial District will be extremely well

                 served by her becoming a member of the bench.

                            I would like to extend my

                 congratulations to her, to her husband, Jim,

                 and family, and the numerous friends who have

                 traveled here to join her on this wonderful

                 occasion.

                            All the best, and God bless you.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the

                 nomination?

                            The question, then, is on the

                 confirmation of Christine A. Sproat as a

                 justice of the Supreme Court for the Ninth

                 Judicial District.  All those in favor signify

                 by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 nominee is unanimously confirmed.



                                                        3690



                            Justice Sproat is with us today in

                 the gallery.  She's accompanied by her

                 husband, James; her daughter, Ashley; son,

                 William; her sister, Irene VanVoorhis; a

                 niece, Jordan VanVoorhis; her cousin, Felecia

                 Ritters; and friends Marsha Rosenfeld, Tom and

                 Linda Bauer, Karen Avella, and Evelyn Heady.

                            Judge, you've brought a jury, for

                 gosh sakes.

                            (Laughter.)

                            ACTING PRESIDENT MEIER:

                 Congratulations, and best wishes with your

                 duties.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Senator

                 Nozzolio.

                            SENATOR NOZZOLIO:    Thank you, Mr.

                 President.  I have three privileged

                 resolutions at the desk.

                            ACTING PRESIDENT MEIER:    Could I

                 interrupt you just a second, Senator.  Let

                 me -- it's my fault.  Let me get to that

                 order, and then we'll do that.

                            Reports of select committees.

                            Communications and reports from



                                                        3691



                 state officers.

                            Motions and resolutions.

                            Senator Nozzolio.

                            SENATOR NOZZOLIO:    Thank you, Mr.

                 President.

                            Mr. President, I have three

                 privileged resolutions at the desk.  I ask

                 that they be read in their entirety.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    By Senator

                 Nozzolio, Legislative Resolution Number 2181,

                 congratulating Steve Segerlin upon capturing

                 his third consecutive New York State Diving

                 Championship.

                            "WHEREAS, Excellence and success in

                 competitive sports can be achieved only

                 through strenuous practice, team play, and

                 team spirit, nurtured by dedicated coaching

                 and strategic planning; and

                            "WHEREAS, Athletic competition

                 enhances the moral and physical development of

                 the young people of this state, preparing them

                 for the future by instilling in them the value

                 of teamwork, encouraging a standard of healthy



                                                        3692



                 living, imparting a desire for success, and

                 developing a sense of fair play and

                 competition; and

                            "WHEREAS, A Senior at Webster

                 Schroeder High School, Steve Segerlin posted

                 his scholastic career high, 573.65 points, to

                 capture his third consecutive New York State

                 Diving Championship at the Burt Flickinger

                 Aquatic Center on the Erie County Community

                 College campus; and

                            "WHEREAS, Diving last of 39 divers,

                 Steve Segerlin grabbed the lead on his first

                 diver and kept on adding to it from there; and

                            "WHEREAS, In addition to capturing

                 the New York State Diving Championship, Steve

                 Segerlin competed in swimming and helped his

                 team to a seventh-place finish in the 200

                 freestyle relay; and

                            "WHEREAS, The athletic talent

                 displayed by Steve Segerlin is due in great

                 part to the efforts of Coach Carolyn Carlton,

                 a skilled and inspirational tutor, respected

                 for her ability to develop potential into

                 excellence; and

                            "WHEREAS, Steve Segerlin was



                                                        3693



                 loyally and enthusiastically supported by

                 family, fans, friends and the community at

                 large; and

                            "WHEREAS, Coach Carolyn Carlton has

                 done a superb job in guiding, molding and

                 inspiring Steve Segerlin toward his goals; and

                            "WHEREAS, Sports competition

                 instills the values of teamwork, pride and

                 accomplishment, and Coach Carolyn Carlton and

                 Steve Segerlin have clearly made a

                 contribution to the spirit of excellence which

                 is a tradition at Webster Schroeder High

                 School; now, therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to

                 congratulate Steve Segerlin upon the occasion

                 of capturing his third consecutive New York

                 State Diving Championship; and be it further

                            "RESOLVED, That a copy of this

                 resolution, suitably engrossed, be transmitted

                 to Steve Segerlin."

                            By Senator Nozzolio, Legislative

                 Resolution Number 2182, congratulating Erich

                 Mussgnug of Webster Thomas High School upon

                 the occasion of capturing the Section V Class



                                                        3694



                 A Alpine Skiing Championship.

                            "WHEREAS, Erich Mussgnug, a

                 Sophomore at Webster Thomas High School, was

                 the overall champion in the Section V Class A

                 Alpine Skiing Championships at Bristol

                 Mountain; and

                            "WHEREAS, Erich Mussgnug finished

                 first in the giant slalom with a combined time

                 of 76.13 seconds, after his first run of 37.81

                 seconds was the best of the day; he was third

                 in the slalom with a combined time of 69.43

                 seconds; and

                            "WHEREAS, Erich Mussgnug began

                 skiing at the age of three, and racing at

                 around the age of six; he was 22nd in the

                 New York State slalom last year, and eighth in

                 the age 13-14 division in last year's United

                 States Skiing Association Championships; and

                            "WHEREAS, The athletic talent

                 displayed by Erich Mussgnug is due in great

                 part of to the efforts of Coach Kirk Van

                 Houten, a skilled and inspirational tutor,

                 respected for his ability to develop potential

                 into excellence; and

                            "WHEREAS, Erich Mussgnug's overall



                                                        3695



                 record is outstanding.  He was loyally and

                 enthusiastically supported by family, fans,

                 friends, and the community at large; and

                            "WHEREAS, Coach Kirk Van Houten has

                 done a superb job in guiding, molding, and

                 inspiring Erich Mussgnug toward his goals;

                 now, therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to

                 congratulate Erich Mussgnug upon the occasion

                 of capturing the Section V Class A Alpine

                 Skiing Championship; and be it further

                            "RESOLVED, That a copy of this

                 resolution, suitably engrossed, be transmitted

                 to Erich Mussgnug."

                            By Senator Nozzolio, Legislative

                 Resolution Number 2183, congratulating Erika

                 Matheis upon the occasion of capturing the New

                 York State Diving Championship.

                            "WHEREAS, A Junior at Webster

                 Schroeder High School, Erika Matheis amassed

                 455.65 points on 11 dives to capture the New

                 York State Diving Championship at the Burt

                 Flickinger Aquatic Center on the Erie County

                 Community College campus; and



                                                        3696



                            "WHEREAS, Leading by 10 points

                 entering her final three dives, Erika Matheis

                 saved her best for last.  She hit her three

                 most difficult dives, to increase her lead to

                 18 points over Alyssa Helsig of Horseheads

                 High School, and won the title; and

                            "WHEREAS, The athletic talent

                 displayed by Erika Matheis is due in great

                 part to the efforts of Coach Carolyn Carlton,

                 a skilled and inspirational tutor, respected

                 for her ability to develop potential into

                 excellence; and

                            "WHEREAS, Erika Matheis was loyally

                 and enthusiastically supported by family,

                 fans, friends, and the community at large; and

                            "WHEREAS, Sports competition

                 instills the values of teamwork, pride and

                 accomplishment, and Coach Carolyn Carlton and

                 Erika Matheis have clearly made a contribution

                 to the spirit of excellence which is a

                 tradition at Webster Schroeder High School;

                 now, therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to

                 congratulate Erika Matheis upon the occasion



                                                        3697



                 of capturing the New York State Diving

                 Championship; and be it further

                            "RESOLVED, That a copy of this

                 resolution, suitably engrossed, be transmitted

                 to Erika Matheis."

                            ACTING PRESIDENT MEIER:    Senator

                 Nozzolio.

                            SENATOR NOZZOLIO:    Mr. President,

                 on the resolutions.

                            My colleagues, today in this

                 chamber we honored, through our confirmation

                 process, many fine, outstanding New Yorkers

                 nominated to serve in capacities at the

                 highest levels of state government and the

                 judiciary.

                            I think it's also fitting here

                 today that we are also recognizing the

                 accomplishments of three young outstanding

                 New Yorkers who have skilled themselves in

                 athletic competition and stand as individual

                 state champions.  That those honored today --

                 Erika, Steve, and Erich, represent the finest

                 in New York State's future.

                            I'm so proud to represent the

                 community of Webster and have, in that



                                                        3698



                 community, an outstanding sports program.  But

                 the program is only as good as the young

                 people produced through that program.  And I

                 daresay that those in the diving and skiing

                 programs in Webster are second to none in this

                 state.

                            That Erich Mussgnug, Erika Matheis,

                 Steve Segerlin are state champions.  They are

                 here today because of hard work and

                 dedication, but also because of great

                 coaching.

                            And I'm very pleased that in the

                 gallery with us Kirk Van Houten, who is

                 Erich's ski coach, and Carolyn Carlton, who is

                 Erika's and Steve's diving coach, are here to

                 share in the accolades.  Two wonderful,

                 outstanding young leaders of young people in

                 Coach Van Houten and Coach Carlton.

                            We thank you for your participation

                 in the success of these fine young people.

                            Also with us is Nancy Matheis,

                 Erika's mom, and Erich's mom and dad, Jim and

                 Patricia.  And we're so pleased that you could

                 be here today.

                            Steve is going on, as the senior,



                                                        3699



                 the upperclassman, of these three state

                 champions, already involved in international

                 diving competitions.  We certainly will be

                 rooting him on, because he certainly has the

                 potential to be a wonderful athlete in NCAA

                 competition as well as, we hope, Olympic

                 competition someday.

                            Erika and Erich are still

                 underclassmen, but they are both -- all

                 three -- outstanding athletes, outstanding

                 students, and outstanding young citizens.

                            Thank you, Mr. President and my

                 colleagues, for recognizing our young people,

                 our young people who are excelling in athletic

                 competition and in their communities.  The

                 more we recognize their accomplishments.  The

                 more successful young people we will have in

                 this great state.

                            Congratulations to the fine young

                 people, state champions from Webster.

                            ACTING PRESIDENT MEIER:    Senator

                 Rath.

                            SENATOR RATH:    Mr. President, I

                 have a privileged resolution at the desk.

                            ACTING PRESIDENT MEIER:    We have



                                                        3700



                 to take care of this one first.

                            Any other Senator wish to be heard

                 on the pending resolutions?

                            SENATOR PADAVAN:    Can we deal

                 with the resolutions before us, please.

                            ACTING PRESIDENT MEIER:    I'm

                 trying to do that, Senator.  Thanks.

                            The question is on the last three

                 resolutions.  All those in favor signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 resolutions are unanimously adopted.

                            Congratulations to Steve, Erich,

                 and Erika, who are seated right over here.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan.

                            SENATOR PADAVAN:    You're doing a

                 great job, Mr. President.

                            ACTING PRESIDENT MEIER:    Thank

                 you.  You are too, and I love you.



                                                        3701



                            SENATOR PADAVAN:    Can we now

                 adopt the Resolution Calendar, with the

                 exception of Resolutions 2001 and 2125.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of adopting the Resolution

                 Calendar, with the exception of Resolutions

                 2001 and 2125, signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 Resolution Calendar, with exceptions, is

                 adopted.

                            Senator Padavan.

                            SENATOR PADAVAN:    Now, Resolution

                 2001, sponsored by Senator Rath.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Resolution 2001 in its

                 entirety.

                            THE SECRETARY:    By Senator Rath,

                 Legislative Resolution Number 2001, honoring

                 the memory of the Late Lieutenant Colonel Matt

                 L. Urban, America's most highly decorated

                 combat veteran.



                                                        3702



                            "WHEREAS, members of the Armed

                 Services from the State of New York who have

                 served so valiantly and honorably in wars in

                 which this country's freedom was at stake, as

                 well as in the preservation of peace in

                 peacetime, deserve a special salute from this

                 Legislative Body; and

                            "WHEREAS, This Legislative Body is

                 justly proud to honor the memory of the late

                 Lieutenant Colonel Matt L. Urban, America's

                 most highly decorated combat veteran; and

                            "WHEREAS, Born Matt L. Urbanowicz

                 on August 25, 1919, in Buffalo, New York, Matt

                 Urban graduated from East High School.  He

                 later enrolled at Cornell University, where he

                 graduated in 1941 with a major in History &

                 Government, and a minor in Community

                 Recreation; and

                            "WHEREAS, After graduation, Matt

                 Urban was commissioned a Second Lieutenant

                 through completion of the Cornell ROTC

                 program.  He was summoned to active duty with

                 the United States Army in July of 1941; and

                            "WHEREAS, Matt Urban earned 29

                 combat medals, including the Medal of Honor



                                                        3703



                 and two Silver Stars; and

                            "WHEREAS, As a young captain with

                 the 9th Infantry Division's 60th Regiment,

                 Matt Urban was wounded seven times in Tunisia,

                 Sicily, France and Belgium, but kept returning

                 to fight.  His invincibility led German foes

                 to nickname him 'the Gray Ghost'; and

                            "WHEREAS, Matt Uran's bravest

                 exploit occurred following the D-Day invasion

                 of Europe.  He was shot in the leg a few days

                 after landing on Omaha Beach, and he managed

                 to rejoin his pinned-down company near the

                 Normandy village of St. Lo; and

                            "WHEREAS, Matt Urban led an attack

                 and climbed atop a tank to man a machine gun

                 in the face of heavy enemy fire.  He was

                 praised for saving 'countless American lives'

                 and helping the Allies break out of the St. Lo

                 pocket; and

                            "WHEREAS, Matt Urban's leadership

                 under fire eventually earned him the Medal of

                 Honor, which was bestowed by President Jimmy

                 Carter in Washington, D.C., in 1980.  His

                 other medals, besides the Silver Stars,

                 include seven Purple Hearts, two Bronze Stars,



                                                        3704



                 and France's Croix de Guerre; and

                            "WHEREAS, Upon his return from

                 World War II, Matt Urban reminisced about

                 growing up on the East Side, where he lettered

                 in three sports at East High School and ran in

                 the annual Broadway Market races with his

                 brothers, Art and Stan; and

                            "WHEREAS, Matt Urban also

                 reminisced about his college years at Cornell,

                 where he studied government and physical

                 education.  At that time, he was a phenomenal

                 boxer; and

                            "WHEREAS, Matt Urban died at age 75

                 in 1995, of complications from one of his war

                 injuries.  He was city recreation director of

                 Holland, Michigan, where he had settled after

                 the war.  Before taking the director's post in

                 Holland, he was recreation director at Port

                 Huron, Michigan, and director of the Monroe,

                 Michigan, Community Center; and

                            "WHEREAS, After retiring in 1990,

                 Matt Urban detailed his experiences in a book,

                 'The Matt Urban Story:  The Hero We Nearly

                 Forgot'; and

                            "WHEREAS, According to the Total



                                                        3705



                 Army Personnel Command in Alexandria,

                 Virginia, Matt Urban's 29 medals equal the

                 number earned by Lieutenant Audie Murphy, who

                 held the title of "most decorated" for more

                 than 30 years before Urban's belated Medal of

                 Honor arrived.  However, Arlington National

                 Cemetery, where both heroes are buried,

                 credits Murphy with 28 medals, which supports

                 the claim that Matt Urban trumped Murphy when

                 he received the Medal of Honor, his 29th

                 combat decoration; and

                            "WHEREAS, there are efforts

                 underway to have a monument erected in Matt

                 Urban's honor at the Edward A. Rath Building

                 in downtown Buffalo; and

                            "WHEREAS, Those individuals who

                 have given so selflessly of their skills and

                 dedication are worthy and due full recognition

                 for their valued contributions on behalf of

                 their country and its ideals, upholding the

                 patriotic character and principled ideals of

                 organizations in service to their fellow man;

                 now, therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to honor the



                                                        3706



                 memory of the late Lieutenant Colonel Matt

                 Urban, America's most highly decorated combat

                 veteran; and be it further

                            "RESOLVED, That a copy of this

                 resolution, suitably engrossed, be transmitted

                 to Babbidean Urban Huber, Ted Conway, and

                 Jennifer Urban Hurford."

                            ACTING PRESIDENT MEIER:    Senator

                 Rath.

                            SENATOR RATH:    Thank you, Mr.

                 President.

                            And thank you for the very

                 wonderful reading of this resolution

                 commemorating the life of Lieutenant Colonel

                 Matt Urban, one of Western New York's finest.

                            And as you saw, as you heard the

                 memorial resolution written, it's being done

                 today for several reasons.  The combat

                 veterans in Western New York are mounting an

                 effort to have a suitable monument erected in

                 honor of Lieutenant Colonel Urban, because he

                 is our nation's most decorated combat war

                 hero.

                            Today we have in the gallery his

                 niece, Babbidean Urban Huber, to receive the



                                                        3707



                 honors and take this back to Western New York,

                 along with our commendation, to help these

                 noble combat veterans succeed in their effort

                 to have this monument raised in the memory of

                 Lieutenant Urban.

                            And I think when you hear of his

                 exploits and seven Purple Hearts and climbing

                 atop a tank and fighting his way out of the Lo

                 pocket and saving many, many lives, I think we

                 take a look at courage.

                            And courage has been counted by

                 many of our great American writers, but I

                 think Mark Twain maybe said it best:  "Courage

                 is resistance to fear, mastery of fear, not

                 the absence of fear."

                            And so I'm sure a young Matt Urban

                 was very frightened when he climbed on top of

                 that tank and shot his way out of there and

                 took a lot of his men with him to safety.  But

                 he didn't let fear back him down.  And after,

                 as I said, seven Purple Hearts, now the most

                 decorated combat hero in America's history.

                            I thank you all for your support of

                 this resolution and am glad that Babbidean

                 Urban Huber is here with us today.



                                                        3708



                            Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker.

                            I'm sorry, Senator Padavan.

                            SENATOR PADAVAN:    I was going to

                 suggest that with Senator Rath's concurrence,

                 we open up this resolution to everyone.  Those

                 who wish not to be will notify the desk.

                            ACTING PRESIDENT MEIER:    All

                 right.  According to the usual procedure,

                 then, if you do not wish to be on the

                 resolution, notify the desk.

                            Senator Volker.

                            SENATOR VOLKER:    Mr. President, I

                 had the honor and the pleasure of meeting Matt

                 Urban and participating in several memorial

                 services for deceased veterans with him.

                            And what had happened is that the

                 Polish community in Buffalo realized that he

                 had actually been -- I don't want to say that

                 he was denigrated, but there was really no

                 realization of the enormous accomplishments

                 that Matt Urban had accomplished in the Second

                 World War.  And as Senator Rath said, there

                 was an attempt to bring out all the exploits



                                                        3709



                 of this great man.

                            I met him, as I said, on a number

                 of occasions.  He was quite a character, a

                 very outgoing fellow, but actually very

                 humble.  And he was the kind of fellow I think

                 that typifies the American heroes, in that he

                 really didn't promote himself at all, but it

                 was others that pointed out that this was a

                 man of immense courage and who was a part of

                 America that sometimes too many of us forget.

                 I am proud to be a -- have a small part of

                 this.

                            And as I said, in fact we had him

                 in Depew about probably ten years ago, maybe a

                 little longer, after he came back from

                 Michigan.  And he was a fine gentleman and a

                 fascinating speaker, by the way.  He talked

                 very plainly to the people there.  And I think

                 some of the people didn't completely

                 understand that what he was telling them is

                 you either support America or you don't.  And

                 he was one of the people that very decidedly

                 supported America.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.



                                                        3710



                            SENATOR BALBONI:    Mr. President,

                 I rise as the chairman of the Veterans

                 Committee.  I wish that this chamber were

                 packed to the gills with individuals.  And I

                 wish that people all around this state could

                 flick on their television sets and pay

                 attention to this one resolution.

                            If you read the words of the

                 resolution, it's unbelievable.  America's most

                 highly decorated combat veteran, 29 combat

                 medals and the Medal of Honor and two Silver

                 Stars.  This is the most outstanding military

                 accomplishment that we've ever seen.

                            Many people wonder what the

                 definition of patriotism, courage, honor,

                 valor is.  It is this gentleman.  In an age

                 where we worship people who can hit a ball

                 over a fence, who make a movie or who score a

                 touchdown, this is the one where we put our

                 priorities in the right place.

                            This is a great resolution.  Thank

                 you, Senator Rath.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the

                 resolution?



                                                        3711



                            Senator Larkin.

                            SENATOR LARKIN:    Thank you, Mr.

                 President.

                            You know, two weeks ago we

                 celebrated the real Memorial Day on May 30th.

                 And we unveiled nationwide the Purple Heart

                 stamp.  During that ceremony, we had a

                 gentleman who had six Purple Hearts.  It was

                 said it was probably the most of any

                 individual.  This man said no, there is an

                 Army officer who has seven.  He didn't know

                 where.

                            Up until that, we had 30 years of

                 Audie Murphy from Texas, from the Third

                 Infantry Division, 15th Infantry Regiment, was

                 considered the most highly decorated member of

                 the Armed Forces in the United States.

                            I had the privilege of serving this

                 country from 1944 to 1967.  I never met this

                 gentleman.  I met a lot of people who

                 thought -- who wanted to be something like

                 Matt was.

                            But, you know, in this time and day

                 in our country when we pick up the paper every

                 night, turn on the TV every morning, and we



                                                        3712



                 hear about a young soldier, 19, 20 years old,

                 a volunteer being killed, it has to remind us

                 of this brave young man who actually died not

                 of natural causes, but he died of injuries,

                 war wounds that he had received many years

                 ago.

                            And what a remarkable thing that we

                 can show.  And I hope every one of us will

                 rally to Mary Lou Rath and the others out in

                 the western part of New York who want to do

                 something to memorialize him.

                            Because what Matt stands for is

                 what we Americans should be, and most of us

                 are -- greatly appreciative of the fact that

                 we have men and women of our country willing

                 to go and take that extra step in order that

                 those that will follow us will be in a life

                 and a quality of it that they can look up and

                 say, thank God for the American men and women

                 who serve our country so bravely and at times

                 at the sacrifice of their own life.

                            ACTING PRESIDENT MEIER:    The

                 question is on the resolution.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")



                                                        3713



                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 resolution is unanimously adopted.

                            Colonel Urban's niece, Babbidean

                 Huber, is with us in the left gallery.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan.

                            SENATOR PADAVAN:    And now

                 Resolution 2125, by Senator Malcolm Smith.

                 Will you please read it in its entirety.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Resolution 2125 in its

                 entirety.

                            THE SECRETARY:    By Senator

                 Malcolm Smith, Legislative Resolution Number

                 2125, mourning the death of the director of

                 the New York City Mayor's Office of Veterans

                 Affairs, Michael Handy.

                            "WHEREAS, It is the sense of this

                 Legislative Body to recognize and pay tribute

                 to an individual of distinguished purpose and

                 true commitment who dedicated his life and



                                                        3714



                 career to public services; and

                            "WHEREAS, It is with feelings of

                 great sorrow and deepest regret that this

                 Legislative Body records the passing of

                 Michael Handy, esteemed director of the New

                 York City Mayor's Office of Veterans Affairs,

                 on May 31, 2003, noting the significance of

                 the loss of a public servant of such selfless

                 dedication and caring concern, whose

                 purposeful life was unerringly directed to

                 serving New York City and the needs of its

                 residents; and

                            "WHEREAS, Michael Handy was born in

                 Brooklyn, New York, and raised in St. Alban's,

                 Queens.  He was a graduate of York College,

                 CUNY, and received a master's degree in the

                 Administration of Justice from the American

                 University in Washington, D.C.; and

                            "WHEREAS, Michael Handy joined the

                 United States Air Force in 1968 and served in

                 Fairbanks, Alaska, and Tucson, Arizona, before

                 receiving orders for Vietnam.  He served as a

                 Quick Reaction Team Leader, E-5, and a

                 50-Caliber Machine Gun Instructor while at Phu

                 Cat Air Force Base in the Central Highlands;



                                                        3715



                 and

                            "WHEREAS, After arriving home from

                 Vietnam, Michael Handy worked in the New York

                 City Office of Budget and Management and the

                 Office of Housing Preservation and

                 Development; and

                            "WHEREAS, in 1993, Michael Handy

                 was appointed to the New York City Mayor's

                 Office of Veterans Affairs and held this

                 potion in four mayoral administrations; and

                            "WHEREAS, In addition, Michael

                 Handy was appointed to the Operation Welcome

                 Home Commission, which organized the

                 then-largest ticker tape parade in New York

                 City history in 1991; the Mayor's

                 representative for the 'Nation's Parade,'

                 New York City's tribute to the 50th

                 Anniversary of World War II in 1995; and the

                 Mayor's representative for 10 of the 16 Fleet

                 Week celebrations in New York City; and

                            "WHEREAS, Michael Handy had been

                 active in veterans affairs for nearly thirty

                 years, acquiring more than 50 honors and

                 awards from the city, state, and federal

                 levels, including the Ellis Island Medal of



                                                        3716



                 Freedom Award on May 17, 2003; and

                            "WHEREAS, Michael Handy was a

                 member of the American Legion, the Catholic

                 War Veterans, the Navy League, the Veterans

                 Corps of Artillery, and an honorary member of

                 the New York Society of Military and Naval

                 Officers.  He was a founding member of the

                 National Black Veterans Braintrust of the

                 Congressional Black Caucus, a member of the

                 board of directors of the Black Veterans for

                 Social Justice, and the former chairman of the

                 Veterans Committee of the DSS Chapter, NAACP;

                 and

                            "WHEREAS, Michael Handy was

                 sincerely loved and greatly respected by all

                 those in the surrounding areas with whom he

                 worked, as well as by his own community and

                 the citizenry of New York City.  He served the

                 public with dignity, dedication, and incisive

                 wisdom; and

                            "WHEREAS, Michael Handy will be

                 remembered for his honesty and integrity, for

                 his strong belief in his family and New York

                 City, and for his determination and

                 generosity; and



                                                        3717



                            "WHEREAS, Michael Handy, throughout

                 his career and life, served the people of the

                 City of New York with intelligence and caring

                 dedication, continuously striving to

                 effectively fulfill the duties of his

                 position; and

                            "WHEREAS, Michael Handy is survived

                 by his wife, Edna; four daughters, Jacqueline,

                 Jannah, Kenya, and Dawn; three grandchildren,

                 Shamar, Kayla and Maya; sisters, Veronica,

                 Miriam, and Catherine; brothers, Joseph and

                 Paul, and a host of nieces and nephews; now,

                 therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to mourn the

                 death of the director of the New York City

                 Mayor's Office of Veterans Affairs, Michael

                 Handy, and be it further

                            "RESOLVED, That a copy of this

                 resolution, suitably engrossed, be transmitted

                 to the family of Michael Handy."

                            ACTING PRESIDENT MEIER:    Senator

                 Malcolm Smith.

                            SENATOR MALCOLM SMITH:    Thank you

                 very much, Mr. President.



                                                        3718



                            And let me thank also everyone who

                 is in this chamber and those who are listening

                 a distance from it as we listened to this

                 resolution on behalf of Michael Handy.

                            It was a very great day for me in

                 that I was able to speak to celebrate the

                 nomination of a good friend, Diana Taylor, a

                 personal friend, and that of Judge Ingram.

                 And I actually come to speak on behalf of the

                 celebration of the life of Mike Handy.

                            While some may mourn his passing,

                 this actually is a celebration of his life,

                 his commitment to so many.  The resolution

                 clearly speaks to all that he has done on

                 behalf of those who have least or the least

                 amount of people representing them.

                            And I will tell you, over the years

                 that I've known Mike Handy, from St. Catherine

                 of Sienna Elementary School -- I lived around

                 the corner from him; his family still lives

                 around the corner from me -- he was always

                 very, very dedicated.  Up until recently, when

                 we had the opportunity to welcome home one of

                 the first of our war heroes from the Iraqi

                 conflict, Ted Bittle, Mike Handy was available



                                                        3719



                 to us, provided all the assistance necessary

                 so that Ted Bittle received all the benefits

                 that a veteran should receive.

                            And it is just so important that we

                 here today celebrate his life.  I do

                 appreciate us reading the entire resolution.

                 And we should also note that his wife, Judge

                 Edna Handy, is someone who is very committed

                 to her public service.  And I'm sure if she

                 was here today, she would marvel at the

                 receipt that she is getting from everyone here

                 in terms of his service.

                            And we should all know that he is

                 someone that will be sorely missed.  His shoes

                 cannot be filled.  He clearly was one who

                 advocated on behalf of all of our veterans,

                 served them very well, and clearly had some

                 shoes that as much as we will try to fill, I

                 doubt very seriously we will.

                            And this is a great day for his

                 family, knowing that on this day we paused in

                 our deliberations to spend time to speak to

                 his significant givings to the lives of many

                 veterans.

                            Thank you very much.



                                                        3720



                            ACTING PRESIDENT MEIER:    Senator

                 Ada Smith.

                            SENATOR ADA SMITH:    Thank you,

                 Mr. President.

                            I would just like to add that this

                 descendant of W.C. Handy, who made his

                 contribution to the American way, would be

                 proud of all that Michael did for the people

                 of the City of New York, and especially

                 veterans.

                            But Michael didn't just stop at

                 veterans.  He was there available to us for

                 any information that he had, he gave to us to

                 help our constituents.  He often came into our

                 offices late at night and worked with us to

                 put together programs that benefited our

                 constituents.

                            He will be missed, and he will

                 never be forgotten.

                            ACTING PRESIDENT MEIER:    Senator

                 Maltese.

                            SENATOR MALTESE:    Following up on

                 what my good colleagues Senator Ada Smith and

                 Senator Malcolm Smith have said, I first met

                 Michael Handy when I was chairman of Veterans



                                                        3721



                 some years ago, and was immediately impressed

                 with how he was so dedicated to the cause of

                 all veterans.  It seemed that he was

                 everywhere, whether it was Manhattan or Nassau

                 or any of the counties.

                            Over the years, I've attended a

                 great many veterans ceremonies, including some

                 that I hosted together with my good colleague

                 Senator Malcolm Smith.  Mike Handy made sure

                 that he attended every one.

                            Mike Handy was also very, very

                 active with the Intrepid, working closely with

                 Zach Fisher.  And there was, I don't think,

                 nary an event that he was not there.

                            I remember him, always a slim,

                 dignified figure, wearing perhaps only some of

                 the many awards and decorations that he was

                 given.  It wasn't until I heard how many

                 awards he had received in this resolution that

                 I realized just how many he had received.

                            He had many important military

                 decorations that a veteran is entitled to wear

                 around their neck, and he would sometimes

                 alternate them, always, as I said, in a very

                 dignified fashion.



                                                        3722



                            He was always friendly.  He went

                 out of his way.  I remember many times

                 standing next to him at so many of the

                 funerals that we had attended, that he had

                 attended on behalf of the three mayors he had

                 served in the City of New York.

                            He was a very, very proud veteran.

                 He was, as you've heard, a community leader, a

                 father.  I'm surprised to hear he was a

                 grandfather, because he looked so very young.

                            It was a great shock when we heard

                 that he had suddenly passed away.  I had seen

                 him only a week before at a veterans ceremony.

                            He will be very much missed -- a

                 truly great American, an American patriot, a

                 great veteran, and somebody who his like will

                 not be seen again soon.

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Thank you, Mr.

                 President.

                            I too would like too add my words

                 of celebration for Mike Handy.  As former

                 chairman of the Military Affairs Committee in

                 this Senate, I had also the opportunity to



                                                        3723



                 work with him and interface with him and had

                 the experience of meeting him, a very warm

                 man, a man who traveled all around this state

                 on behalf of veterans.

                            While I didn't know him as well as

                 Senator Smith -- either one of the Senator

                 Smiths -- or Senator Maltese, I did have the

                 opportunity to meet with him and work with

                 him, especially in the city confines.  And he

                 surely will be missed.  He was a wonderful

                 man, a wonderful person, and a wonderful

                 leader.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I also rise in remembrance of

                 Michael Handy, who I know from an earlier time

                 than I think many of the people who spoke of

                 his incredible work on behalf of veterans.

                            In the 1980s, Michael worked with

                 the city's Human Resources Administration to

                 establish the Emergency Food Assistance

                 Program for low-income people throughout the

                 City of New York.  And at that time, I had



                                                        3724



                 just started the New York City Food Bank.  And

                 we worked directly together, Michael and I, to

                 expand the city's response to poor New Yorkers

                 throughout pantries and soup kitchens at

                 churches and synagogues and mosques throughout

                 the five boroughs.  And then he moved on to

                 his work with veterans affairs.

                            And so I can speak of also

                 Michael's dedication and commitment to the

                 people of New York through his work in social

                 services before he went on in his later

                 career.  So I too stand in remembrance of the

                 great work of Michael Handy.

                            Thank you very much.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of the resolution signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 resolution is adopted.

                            Senator Padavan.

                            SENATOR PADAVAN:    Mr. President,



                                                        3725



                 also if we could open this for cosponsorship,

                 I'm sure that everyone would agree.

                            ACTING PRESIDENT MEIER:    The

                 resolution is opened for sponsorship according

                 to the usual procedures.  Notify the desk if

                 you wish not to be on it.

                            Senator Padavan.

                            SENATOR PADAVAN:    Are there any

                 motions before the house?

                            ACTING PRESIDENT MEIER:    Senator

                 McGee.

                            SENATOR McGEE:    Mr. President, on

                 behalf of myself, on page number 49, I offer

                 the following amendments to Calendar Number

                 1098, Senate Print Number 2891, and ask that

                 said bill retain its place on Third Reading

                 Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted, and the

                 bill will retain its place on the order of

                 third reading.

                            SENATOR McGEE:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator

                 McGee.



                                                        3726



                            SENATOR McGEE:    Mr. President,

                 amendments are offered to the following Third

                 Reading Calendar bills:

                            Sponsored by Senator Hannon, page

                 number 7, Calendar Number 143, Senate Print

                 1089A;

                            Sponsored by Senator Nozzolio, page

                 number 9, Calendar Number 193, Senate Print

                 438;

                            Sponsored by Senator Robach, page

                 22, Calendar Number 550, Senate Print Number

                 4101;

                            Sponsored by Senator Kuhl, page

                 number 27, Calendar Number 680, Print Number

                 4312;

                            Sponsored by Senator Trunzo, page

                 number 48, Calendar Number 1051, Print Number

                 2526;

                            Sponsored by Senator Bonacic, page

                 number 46, Calendar Number 996, Print Number

                 4421;

                            Sponsored by Senator Volker, page

                 number 18, Calendar Number 458, Senate Print

                 Number 3479;

                            Sponsored by Senator LaValle, page



                                                        3727



                 number 48, Calendar Number 1059, Senate Print

                 Number 2062B;

                            Sponsored by myself, Senator McGee,

                 page number 15, Calendar Number 386, Senate

                 Print Number 2776;

                            Sponsored by Senator Maziarz, page

                 number 6, Calendar Number 120, Senate Print

                 Number 729.

                            Mr. President, I now move that

                 these bills retain their place on the order of

                 Third Reading Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted, and the

                 bills will retain their place on the order of

                 third reading.

                            Senator Padavan.

                            SENATOR PADAVAN:    Can we do the

                 substitutions, Mr. President.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the substitutions.

                            THE SECRETARY:    On page 10,

                 Senator Seward moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 7332

                 and substitute it for the identical Senate

                 Bill Number 1695, Third Reading Calendar 249.



                                                        3728



                            On page 11, Senator Bonacic moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 4205 and substitute it

                 for the identical Senate Bill Number 1832,

                 Third Reading Calendar 250.

                            On page 14, Senator Spano moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8017 and substitute it

                 for the identical Senate Bill Number 1227,

                 Third Reading Calendar 357.

                            On page 18, Senator Hoffmann moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 8362 and substitute it

                 for the identical Senate Bill Number 3821,

                 Third Reading Calendar 464.

                            On page 18, Senator Morahan moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 7019 and substitute it

                 for the identical Senate Bill Number 3118,

                 Third Reading Calendar 482.

                            On page 20, Senator Velella moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 8224B and substitute it

                 for the identical Senate Bill Number 4380A,

                 Third Reading Calendar 525.



                                                        3729



                            On page 26, Senator Volker moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8098A and substitute it

                 for the identical Senate Bill Number 4307A,

                 Third Reading Calendar 679.

                            On page 29, Senator Robach moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 5102 and substitute it

                 for the identical Senate Bill Number 3914,

                 Third Reading Calendar 704.

                            On page 31, Senator Seward moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 6851A and substitute it

                 for the identical Senate Bill Number 2840A,

                 Third Reading Calendar 740.

                            On page 31, Senator Kuhl moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 3806B and substitute it

                 for the identical Senate Bill Number 1687B,

                 Third Reading Calendar 751.

                            On page 34, Senator Nozzolio moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 8485A and substitute it

                 for the identical Senate Bill Number 1932A,

                 Third Reading Calendar 799.



                                                        3730



                            On page 34, Senator Robach moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8058 and substitute it

                 for the identical Senate Bill Number 3902,

                 Third Reading Calendar 802.

                            On page 44, Senator DeFrancisco

                 moves to discharge, from the Committee on

                 Rules, Assembly Bill Number 1937 and

                 substitute it for the identical Senate Bill

                 Number 1144, Third Reading Calendar 951.

                            On page 45, Senator Maltese moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 7918 and substitute it

                 for the identical Senate Bill Number 4193,

                 Third Reading Calendar 962.

                            On page 49, Senator Skelos moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 1466B and substitute it

                 for the identical Senate Bill Number 257A,

                 Third Reading Calendar 1087.

                            On page 51, Senator Nozzolio moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 851A and substitute it

                 for the identical Senate Bill Number 5202A,

                 Third Reading Calendar 1125.



                                                        3731



                            On page 52, Senator Kuhl moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8438 and substitute it

                 for the identical Senate Bill Number 4721A,

                 Third Reading Calendar 1139.

                            And on page 53, Senator DeFrancisco

                 moves to discharge, from the Committee on

                 Judiciary, Assembly Bill Number 7494 and

                 substitute it for the identical Senate Bill

                 Number 5004, Third Reading Calendar 1147.

                            ACTING PRESIDENT MEIER:

                 Substitutions ordered.

                            Senator Padavan.

                            SENATOR PADAVAN:    Could we return

                 to the order of reports of standing committees

                 and read the Rules report.

                            ACTING PRESIDENT MEIER:    Reports

                 of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 2372A, by Senator

                 Flanagan, an act to amend the Public

                 Authorities Law, restored.



                                                        3732



                            Reported:  Senate Print 922, by

                 Senator LaValle, an act to amend the Criminal

                 Procedure Law;

                            1467, by Senator Kuhl, an act to

                 amend the Alcoholic Beverage Control Law;

                            1776, by Senator Maltese, an act

                 authorizing;

                            2046, by Senator Rath, an act to

                 amend Chapter 201 of the Laws of 2001;

                            2945, by Senator Volker, an act to

                 amend the Criminal Procedure Law;

                            3278, by Senator Larkin, an act to

                 authorize;

                            3326B, by Senator Brown, an act to

                 amend the Highway Law;

                            3353, by Senator Mendez, an act in

                 relation to authorizing;

                            3414A, by Senator Kuhl, an act to

                 amend the Correction Law;

                            3782A, by Senator Johnson, an act

                 to amend the Vehicle and Traffic Law;

                            3874, by Senator Spano, an act to

                 amend Chapter 674 of the Laws of 1993;

                            3986, by Senator Bonacic, an act

                 authorizing the Town of Ulster;



                                                        3733



                            4021, by Senator Balboni, an act to

                 amend the Tax Law;

                            4023A, by Senator Saland, an act to

                 amend the Education Law;

                            4034, by Senator Oppenheimer, an

                 act authorizing;

                            4468, by Senator Johnson, an act to

                 amend the Vehicle and Traffic Law;

                            4531A, by Senator Saland, an act to

                 amend the General Business Law;

                            4759A, by Senator Bonacic, an act

                 to amend the Social Services Law;

                            4907, by Senator Kuhl, an act to

                 amend the Highway Law;

                            4928, by Senator Marcellino, an act

                 to amend the Environmental Conservation Law;

                            4976, by Senator Flanagan, an act

                 authorizing;

                            4977, by Senator Seward, an act to

                 amend the Real Property Tax Law;

                            4982, by Senator Little, an act to

                 amend the General Municipal Law;

                            4995, by Senator Marcellino, an act

                 to amend Chapter 203 of the Laws of 1999;

                            5056, by Senator Farley, an act to



                                                        3734



                 amend the Education Law;

                            5060, by Senator Farley, an act to

                 amend the Education Law;

                            5079, by Senator Spano, an act to

                 amend the Tax Law;

                            5094A, by Senator DeFrancisco, an

                 act to adjust;

                            5097, by Senator Nozzolio, an act

                 authorizing;

                            5117, by Senator Padavan, an act to

                 amend the Vehicle and Traffic Law;

                            5147, by Senator Morahan, an act to

                 amend the Not-for-Profit Corporation Law;

                            5157, by Senator Libous, an act to

                 amend the Town Law and the Public Officers

                 Law;

                            5278, by Senator Spano, an act to

                 amend the Penal Law;

                            5280, by Senator Balboni, an act to

                 amend the Penal Law;

                            5327, by Senator Spano, an act to

                 amend the Alcoholic Beverage Control Law;

                            And Senate Print 5334, by the

                 Senate Committee on Rules, an act authorizing

                 the Board of Cooperative Educational Services.



                                                        3735



                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan.

                            SENATOR PADAVAN:    Move to accept

                 the Rules report.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the report of the

                 Rules Committee signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 report of the Rules Committee is accepted.

                            Senator Padavan.

                            SENATOR PADAVAN:    We have one

                 more motion, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Montgomery.

                            SENATOR MONTGOMERY:    Yes, Mr.

                 President.  I move that the following bill be

                 discharged from its respective committee and

                 be recommitted with instructions to strike the

                 enacting clause:  Bill Number 4650.



                                                        3736



                            ACTING PRESIDENT MEIER:    So

                 ordered.

                            SENATOR MONTGOMERY:    On behalf of

                 Senator Lachman.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan.

                            SENATOR PADAVAN:    Now, Mr.

                 President, the noncontroversial calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the noncontroversial

                 calendar.

                            THE SECRETARY:    Calendar Number

                 310, by Senator Saland, Senate Print 1916, an

                 act to amend the Domestic Relations Law and

                 the Family Court Act, in relation to changing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR MONTGOMERY:    Lay that

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 336, by Senator LaValle --

                            SENATOR PADAVAN:    Lay it aside



                                                        3737



                 for the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 548, by Senator Golden, Senate Print 3967, an

                 act to amend the General Municipal Law, in

                 relation to special accidental death benefits.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 553, by Senator Padavan, Senate Print 4258, an

                 act to amend the Retirement and Social

                 Security Law, in relation to the employment of

                 retired New York City Police and Fire

                 Department personnel.

                            ACTING PRESIDENT MEIER:    There is



                                                        3738



                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Wright recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 609, by Senator Rath, Senate Print 3569, an

                 act to amend the Family Court Act, in relation

                 to motions to dispense.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.



                                                        3739



                            THE SECRETARY:    Calendar Number

                 624, by Senator Spano, Senate Print 1524, an

                 act to amend the Public Health Law, in

                 relation to exempting dentists.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 691, by Senator Velella, Senate Print 4123, an

                 act to amend the Administrative Code of the

                 City of New York, in relation to including.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 11.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        3740



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 713, by Member of the Assembly Gottfried,

                 Assembly Print Number 7151, an act to amend

                 Chapter 693 of the Laws of 1996, amending the

                 Social Services Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 735, by Senator Farley, Senate Print 4575, an

                 act to amend the Banking Law, in relation to

                 the powers of banks to engage.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This



                                                        3741



                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 781, by Senator Spano, Senate Print 1693, an

                 act to amend the Insurance Law, in relation to

                 requiring certain health insurance policies.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 781 are

                 Senators Meier, Seward, and Wright.  Ayes, 58.

                 Nays, 3.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.



                                                        3742



                            THE SECRETARY:    Calendar Number

                 961, by Senator Saland, Senate Print 4112A, an

                 act to authorize the Commissioner of General

                 Services to lease certain real property.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 962, substituted earlier today by the Assembly

                 Committee on Rules, Assembly Print Number

                 7918, an act to amend the Public Officers Law,

                 in relation to the residence of fire alarm

                 dispatchers.

                            SENATOR MONTGOMERY:    Lay that

                 aside, please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number



                                                        3743



                 994, by Senator Balboni, Senate Print 4161, an

                 act to amend Chapter 602 of the Laws of 1993

                 amending the Real Property Tax Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1101, by Senator Seward, Senate Print 3077, an

                 act to amend the Education Law, in relation to

                 biennial registration fees.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the same date as

                 Chapter 495 of the Laws of 2001.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        3744



                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1112, by Senator Larkin, Senate Print 3611, an

                 act to amend the Tax Law, in relation to the

                 eligibility of farmers.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1119, by the Assembly Committee on Rules,

                 Assembly Print Number 8075, an act to amend

                 the General Municipal Law, in relation to the

                 removal of volunteer officers.

                            ACTING PRESIDENT MEIER:    Read the



                                                        3745



                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1120, by Senator Rath, Senate Print 5078, an

                 act to amend the Social Services Law and the

                 Executive Law, in relation to county planning

                 and facilitation.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        3746



                 1121, by Senator Volker, Senate Print 5099, an

                 act to amend the Criminal Procedure Law, the

                 Executive Law, and the Penal Law, in relation

                 to DNA testing of persons.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR MONTGOMERY:    Lay that

                 bill aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1122, by Senator Kuhl, Senate Print 5178, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to special hauling permits.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.



                                                        3747



                            THE SECRETARY:    Calendar Number

                 1123, by Senator Velella, Senate Print 5179,

                 an act to amend the Education Law and the

                 Administrative Code of the City of New York,

                 in relation to deductions.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1125, substituted earlier today by Member of

                 the Assembly Aubry, Assembly Print Number

                 851A, an act to amend the Executive Law, in

                 relation to enacting the interstate compact

                 for adult offender supervision.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.



                                                        3748



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1130, by Senator McGee, Senate Print 2632, an

                 act to amend the Tax Law, in relation to

                 authorizing the County of Allegany.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1131, by Senator Kuhl, Senate Print 3413, an

                 act to amend the Tax Law, in relation to

                 increasing hotel and motel taxes in Schuyler

                 County.



                                                        3749



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect September 1.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1132, by Senator Flanagan, Senate Print 3583,

                 an act to amend the Election Law, in relation

                 to polling places in Suffolk County.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.



                                                        3750



                            THE SECRETARY:    Calendar Number

                 1133, by Senator Larkin, Senate Print 3612, an

                 act to amend the Tax Law, in relation to the

                 use of income averaging.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1134, by Senator Bonacic, Senate Print 3776,

                 an act authorizing the Village of Saugerties

                 in the County of Ulster.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.



                                                        3751



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1135, by Senator Little, Senate Print 3789A,

                 an act to authorize the County of Warren to

                 offer an optional twenty-year retirement plan.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1137, by Senator Nozzolio, Senate Print 3881A,

                 an act to authorize the City of Geneva to

                 discontinue.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.



                                                        3752



                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1138, by Senator Skelos, Senate Print 4393A,

                 an act to amend the Criminal Procedure Law, in

                 relation to designating.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        3753



                 1139, substituted earlier today by the

                 Assembly Committee on Rules, Assembly Print

                 Number 8438, an act to amend the Village Law

                 and the Public Officers Law, in relation to

                 the residency.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1140, by Senator McGee, Senate Print 4730, an

                 act to amend Chapter 263 of the Laws of 1981

                 relating to authorizing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.



                                                        3754



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1141, by Senator Maziarz, Senate Print 4764,

                 an act to amend the Education Law, in relation

                 to school district residency requirements.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1142, by Senator Johnson, Senate Print 4768,

                 an act authorizing the assessor of the Town of

                 Islip.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This



                                                        3755



                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1143, by Senator Marcellino, Senate Print

                 4927, an act to amend the Environmental

                 Conservation Law, in relation to the special

                 powers.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1144, by Senator Farley, Senate Print 4945, an

                 act to permit the Gloversville Enlarged School



                                                        3756



                 District to lease certain facilities.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1145, by Senator Balboni, Senate Print 4971,

                 an act to amend Chapter 376 of the Laws of

                 1998 amending the Public Authorities Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.



                                                        3757



                            THE SECRETARY:    Calendar Number

                 1146, by Senator Kruger, Senate Print 5000, an

                 act to authorize the Bais Yaakov Gur to file

                 an application.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator --

                            ACTING PRESIDENT MEIER:    Senator

                 Mendez, are you asking that the bill be laid

                 aside?

                            SENATOR MENDEZ:    Okay, so let's

                 lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 1148, by Senator Meier, Senate Print 5027 --

                            SENATOR PADAVAN:    Lay it aside



                                                        3758



                 for the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 1149, by Senator Montgomery, Senate Print

                 5068A, an act authorizing the City of New York

                 to accept.

                            SENATOR PADAVAN:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1150, by Senator Larkin, Senate Print 5082, an

                 act to authorize the Village of Walden, County

                 of Orange.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.



                                                        3759



                            THE SECRETARY:    Calendar Number

                 1151, by Senator Velella, Senate Print 5084,

                 an act authorizing the town of Eastchester to

                 discontinue the use.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1152, by Senator LaValle, Senate Print 5100,

                 an act to amend the Town Law, in relation to

                 authorizing.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the



                                                        3760



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1154, by Senator Volker, Senate Print 5171, an

                 act to amend the Penal Law, in relation to the

                 crime of aggravated harassment.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect September 1.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1154 are

                 Senators Duane, L. Krueger, Montgomery,

                 Parker, and A. Smith.  Also Senator Stavisky.

                 Ayes, 55.  Nays, 6.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1155, by Senator Skelos, Senate Print 5302, an



                                                        3761



                 act to amend the Civil Service Law, in

                 relation to reduction.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1156, by Senator Nozzolio, Senate Print --

                            SENATOR PADAVAN:    Lay it aside

                 for the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            Senator Padavan, that completes --

                            SENATOR PADAVAN:    Will you go

                 back to Calendar 1146, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1146.

                            THE SECRETARY:    Calendar Number



                                                        3762



                 1146, by Senator Kruger, Senate Print 5000, an

                 act to authorize Bais Yaakov Gur to file an

                 application.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Padavan.

                            SENATOR PADAVAN:    Mr. President,

                 can we return to the controversial calendar,

                 please.

                            ACTING PRESIDENT MEIER:    That

                 completes the noncontroversial calendar.

                            The Secretary will read the

                 controversial calendar.

                            THE SECRETARY:    Calendar Number

                 310, by Senator Saland, Senate Print 1916 --

                            SENATOR LIZ KRUEGER:

                 Explanation, please.



                                                        3763



                            ACTING PRESIDENT MEIER:    Senator

                 Saland, Senator Liz Krueger has requested an

                 explanation of Calendar 310.

                            SENATOR SALAND:    Thank you, Mr.

                 President.

                            Mr. President, this is a bill that

                 we've seen in this chamber on prior occasion.

                 What the bill does is it amends the Family

                 Court Act and Domestic Relations Law to

                 replace reference to "visitation" with the

                 term "parenting time."

                            And the idea that this is built

                 upon or based upon is that a parent is a

                 parent and that when they're spending time

                 with their child, that time should not be

                 something comparable to visiting; i.e.,

                 somebody in an institution or somebody who may

                 be incarcerated.

                            This is not a substantive

                 amendment.  It is an amendment that addresses,

                 I believe, an imbalance, in that it recognizes

                 that a parent, again, is a parent.

                            ACTING PRESIDENT MEIER:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.



                                                        3764



                 Through you, Mr. President, if the sponsor

                 would yield for a question.

                            ACTING PRESIDENT MEIER:    Senator

                 Saland, do you yield for a question?

                            SENATOR SALAND:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I will say, Senator Saland, that

                 after considering this bill over the course of

                 the last year, since the last time it came up,

                 I've concluded that I think that this is a

                 good bill, in the sense that we need to expand

                 and recognize the importance of the role of

                 both parents in a child's upbringing and that

                 in fact unfortunately, sometimes, through the

                 course of divorce, one parent or the other

                 feels that they don't have equal

                 responsibility for the rearing of their

                 children or may feel that somehow they are

                 less than a parent because they are not a

                 custodial parent.

                            But I am also concerned, and I know

                 it's been raised by a number of organizations,



                                                        3765



                 that just changing the terminology from

                 "visitation" to "parenting time" could be

                 misconstrued at some future date by the courts

                 as to assume that we meant here on the floor

                 of the Senate that changing the language of

                 the legislation should be an intended outcome

                 of decreasing child support payments.

                            So my concern and my question is,

                 can you assure us that changing this language

                 is not intended to be used by the courts to

                 decrease the obligations of a noncustodial

                 parent to make good on the same standards for

                 child support?

                            SENATOR SALAND:    Thank you,

                 Senator Krueger, your point is well taken.

                            And I want to allay any concerns

                 that you may have.  Certainly it is not my

                 intent nor do I believe inadvertently that

                 passage of this bill and its enactment into

                 law will have that particular result.

                            As I have had occasion to make

                 reference to, there have been any number of

                 bills which I have sponsored, particularly

                 when I served for some ten years as the chair

                 of the Senate Children and Families Committee,



                                                        3766



                 intended to enhance the ability to secure

                 support and to derive more support dollars out

                 of the system.

                            And the last thing I would want to

                 do would be responsible for legislation that

                 in some way would be counter to that or

                 mitigate that end.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Briefly on the bill, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Liz Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    I

                 appreciate Senator Saland's explanation.

                            And again, as I said, I urge my

                 colleagues to think about voting for this

                 bill, even if they voting against it in the

                 past, because I think the clarification that

                 is important has been made by Senator Saland.

                            Our goal certainly should be to

                 encourage parental participation in the

                 rearing of their children, both fathers and

                 mothers, and that recognizing such time as

                 equal relationship with their children is a

                 win for the children, for the families, and I

                 think for society.



                                                        3767



                            But, at the same time, to recognize

                 that changing language in a statute is not

                 intended to change the intent of the

                 Legislature, that there are obligations for

                 both parents to participate in the financial

                 support of their children, and that there's a

                 long record of courts using formulas for

                 establishing child-support payments and that a

                 change in wording that hopefully will

                 destigmatize participation in rearing one's

                 child and having responsibility for that child

                 shouldn't be used as a next-step argument for

                 asking for a decreased child-support

                 enforcement order.

                            So thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you, Mr. President.  Just briefly on the bill.

                            Last year when we discussed this

                 bill, I voted no.  And, Senator Saland, I

                 still have to vote no.

                            I am not clear, as some of my

                 colleagues are, that perhaps it's more than

                 changing of language.  Because that's all I



                                                        3768



                 see this bill as doing.

                            I believe that very strongly the

                 fathers -- both parents need and ought to be

                 as involved with their children as they

                 possibly can.  But I do not see how this bill

                 in fact changes that status.

                            What I do see, however, is your

                 attempts -- which I think are positive -- to

                 move us to the point where the courts will

                 begin to be more judicious in the way in which

                 parents are given coparenting.  This bill does

                 not do that.

                            I am more than happy to work with

                 you on such a bill that will do that.  But for

                 this moment, I'm still -- I have to vote no.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the bill?

                            Then the debate is closed, then.

                            Read the last section.

                            THE SECRETARY:    Section 29.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll -- Senator Montgomery, why do you rise?

                            SENATOR MONTGOMERY:    Mr.

                 President, I would just like to briefly



                                                        3769



                 explain my vote.

                            ACTING PRESIDENT MEIER:    Well,

                 let us start the roll call first, then,

                 Senator.

                            Read the last section.

                            THE SECRETARY:    Section 29.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 Montgomery, to explain her vote.

                            SENATOR MONTGOMERY:    Yes, just

                 briefly, Mr. President.

                            I also voted no on this legislation

                 the last time that we voted for it.  But I'm

                 going to change my vote.

                            However, I do hope that we can work

                 together with Senator Saland and my other

                 colleagues to look to change the current

                 status of the pass-along of payments,

                 child-support payments to the custodial

                 parent.  Because right now the pass-along is

                 only, I think, $50.

                            And there are some efforts, I know,



                                                        3770



                 to change that, to increase that.  And I hope

                 that we can work together to make that happen.

                 I think that would go a long way to resolve

                 some of the anxiety around the language

                 change.  Because we want to make sure that the

                 custodial parent still receives an adequate

                 payment in lieu of the parent being present.

                            I'm voting yes, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Montgomery will be recorded in the

                 affirmative.

                            Announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 310 are

                 Senators Balboni, Dilan, Duane,

                 Hassell-Thompson, Meier, and Parker.  Ayes,

                 55.  Nays, 6.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 962, substituted earlier today by the Assembly

                 Committee on Rules, Assembly Print Number

                 7918, an act to amend the Public Officers Law.

                            SENATOR MONTGOMERY:    Explanation.

                            ACTING PRESIDENT MEIER:    Senator



                                                        3771



                 Maltese, Senator Montgomery has requested an

                 explanation.

                            SENATOR MALTESE:    Mr. President,

                 this bill would exempt fire alarm dispatchers

                 in New York City from being a resident of the

                 political subdivision in which they are

                 employed.

                            A little more than a year ago,

                 pursuant to legislative enactment of the City

                 Council, fire alarm dispatchers and their

                 supervisors became members of the uniformed

                 force of the New York City Fire Department.

                            There are currently 169 fire alarm

                 dispatchers, including 141 fire alarm

                 dispatchers and 28 supervisors.  They are the

                 only uniformed force of the fire department

                 where a residence requirement requiring them

                 to live within the jurisdiction within which

                 they are employed, basically the City of

                 New York, still persists.

                            The fire alarm dispatchers would be

                 a group that ordinarily required experience in

                 some sort of volunteer fire department.  And

                 out of the 169 present members, many of them

                 have reported or are in the process of



                                                        3772



                 retiring.

                            As a practical matter, where you

                 have fire alarm dispatchers, the only place

                 they usually get this experience is serving in

                 volunteer fire departments.  We have, in the

                 City of New York, almost none, other than one

                 in my own district, which is the Howard Beach

                 Volunteer Fire Department.

                            So as a practical matter, it was

                 felt by the fire alarm dispatchers that they

                 would go outside the City of New York in order

                 to recruit the majority of their members.

                            Ordinarily, in the City of New

                 York, residence requirements are in effect to

                 ensure diversity.  In the case of the fire

                 alarm dispatchers, some 49 percent are either

                 women or minorities.  So it would seem that

                 that desirable effect has been achieved in an

                 of itself by the present rules.

                            Therefore, I feel that this bill

                 should be passed by this house.  It was passed

                 by the Assembly just two or three days ago.

                 It is a good rule for fire alarm dispatchers

                 and is being -- it is presently in this house

                 because of their request.



                                                        3773



                            ACTING PRESIDENT MEIER:    Senator

                 Stavisky.

                            SENATOR STAVISKY:    Mr. President,

                 if Senator Maltese would yield to one

                 question.

                            SENATOR MALTESE:    Sure.  Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR STAVISKY:    Through you,

                 Mr. President, it's my understanding that the

                 uniformed services, people who are part of the

                 uniformed services working for the City of

                 New York who live outside the City of New York

                 are required to pay the New York City -- the

                 full New York City income tax.

                            Would the fire alarm dispatchers be

                 included in that category as well?

                            SENATOR MALTESE:    Through you,

                 Mr. President, I was advised that this had

                 come up previously in connection with this

                 bill.  I am also advised that there is

                 presently a lawsuit pending to that effect,

                 which is still pending.

                            This bill specifically is addressed



                                                        3774



                 to the residency requirement and, within the

                 confines of the bill itself, states in the

                 title of the act, "in relation to the

                 residence of fire alarm dispatchers," and in

                 the Section 1 of the same bill "for purposes

                 of this section shall include persons employed

                 as fire alarm dispatchers."

                            So whereas the other uniformed

                 forces of the fire department are for all

                 purposes, including collective bargaining and

                 including any tax advantages -- would be in

                 that category, this bill itself only amends

                 the residence requirements and therefore would

                 only apply to residence requirements.

                            SENATOR STAVISKY:    On the bill,

                 Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Stavisky, on the bill.

                            SENATOR STAVISKY:    I commend

                 Senator Maltese for resolving this unfair

                 situation that exists currently, and I urge my

                 colleagues to support this bill.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the bill?



                                                        3775



                            Senator Montgomery.

                            SENATOR MONTGOMERY:    Mr.

                 President, I would just like to ask Senator

                 Maltese a question.

                            ACTING PRESIDENT MEIER:    Senator

                 Maltese, do you yield for a question?

                            SENATOR MALTESE:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR MONTGOMERY:    Senator

                 Maltese, unfortunately I missed the part on

                 the substitution.  Who was the Assembly

                 sponsor of this?

                            SENATOR MALTESE:    Peter Abbate.

                            SENATOR MONTGOMERY:    Peter

                 Abbate.  All right, thank you.

                            Just briefly on the bill, Mr.

                 President.

                            I think that obviously the main

                 thing that Senator Maltese is doing is

                 correcting a situation where there's an

                 inequity within the department.  And it seems

                 only fair to do that.

                            I would just say, however, that I

                 know that many of the members of the New York



                                                        3776



                 City delegation, especially members of the

                 Black and Puerto Rican Caucus, have been

                 working to get a residency law passed that

                 would require all uniformed employees who work

                 in New York City to live in New York City.

                 It's my understanding that that's one of the

                 main pieces of legislation in their Diallo

                 package.

                            So I just want to be on record to

                 say that while this bill is an

                 inequity-correcting bill, the underlying

                 principle around residency is being, to my

                 estimation, undermined by continuing to extend

                 and expand the option to live outside of the

                 city while some of us are working and hopeful

                 that we can get legislation which will require

                 all people who are employed in government in

                 New York City, including uniformed employees,

                 to live inside the city.

                            With that, Mr. President, I will

                 support this legislation.  It already passed

                 the Assembly, so apparently there is an

                 agreement on it.  However, I vote yes, with

                 some reservation.

                            Thank you.



                                                        3777



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 2.  Senators Hassell-Thompson and Paterson

                 recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1121, by Senator Volker, Senate Print 5099, an

                 act to amend the Criminal Procedure Law, the

                 Executive Law, and the Penal Law.

                            SENATOR SAMPSON:    Explanation.

                            SENATOR VOLKER:    Mr. President,

                 this bill, which is bill number two from the

                 City of New York this year, criminal justice

                 bill, sets up a process in which a person who

                 is arrested in the state of New York and,

                 under the present law, has to be

                 fingerprinted, would also be required to

                 provide a DNA sample.



                                                        3778



                            By the way, it follows the same

                 process as fingerprintable offenses.  That is,

                 if the records are expunged of fingerprints,

                 then the same process would apply to DNA.

                            This only applies to future

                 offenses and only applies to arrests for

                 fingerprintable offenses.  It does not apply

                 to offenses which presently are not

                 fingerprintable.  And as I say, it would --

                 this law would take effect 60 days after it's

                 passed.

                            ACTING PRESIDENT MEIER:    Senator

                 Sampson.

                            SENATOR SAMPSON:    Mr. President,

                 would the sponsor yield for a few questions?

                            SENATOR VOLKER:    Certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, is there any provisions for any

                 age with respect to this legislation?

                            SENATOR VOLKER:    Any -- I'm

                 sorry, I didn't hear.

                            SENATOR SAMPSON:    Is there any

                 provision for age, an age restriction with --



                                                        3779



                            SENATOR VOLKER:    No.  If it is an

                 arrest for a fingerprintable offense now, then

                 it would be subject to DNA.

                            In other words, if a youth were not

                 subject to fingerprints, then this would not

                 subject him to DNA either.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, if the sponsor would continue

                 to yield for a question.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you continue to yield?

                            SENATOR VOLKER:    Yes.  Sure.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SAMPSON:    So with respect

                 to this legislation, juveniles who are

                 arrested, as you say, for loitering, as an

                 example that you use in the statute, they

                 would be subject to the fingerprinting and

                 also the DNA sample; correct?

                            SENATOR VOLKER:    I don't think --

                 I don't believe that loitering is a

                 fingerprintable offense.  That I'm aware of.

                            I think it has been to be a

                 misdemeanor before -- in any case, until --



                                                        3780



                 unless -- I don't believe loitering.  I think

                 loitering is not a misdemeanor.  So I don't

                 see how it could be a fingerprintable offense

                 in any case, and therefore it wouldn't be

                 covered by DNA.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, would the sponsor continue to

                 yield for a question?

                            SENATOR VOLKER:    Sure.

                            ACTING PRESIDENT MEIER:    The

                 Senator yields.

                            SENATOR SAMPSON:    According to

                 Criminal Procedure Law Section 160.10,

                 loitering -- 160, subdivision 10, 1(d)

                 indicates that loitering is a --

                            SENATOR VOLKER:    Fingerprintable

                 offense?

                            SENATOR SAMPSON:    -- of

                 identification and as a result is subject to

                 fingerprinting, and as a result would be

                 subject also to the DNA testing.

                            SENATOR VOLKER:    Well, I

                 apologize, Senator Sampson.  In that case you

                 are right.  I did not realize that loitering

                 was a fingerprintable offense.



                                                        3781



                            It just goes to show you how other

                 people know more than I do about this stuff.

                 But no, I didn't realize that.

                            Generally speaking, as you know,

                 fingerprintable offenses are only crimes --

                 that is, misdemeanors.  And most of the time

                 crimes that are fingerprintable are felonies.

                 But I guess there are some offenses that we

                 have put in, frankly because of the City of

                 New York, if I remember right, and made them

                 fingerprintable because of identification

                 purposes and things of that nature.

                            But you're right, if the person was

                 arrested for a fingerprintable offense and the

                 loitering is a -- is such an offense, then

                 that person would be subject to DNA.  You're

                 absolutely right.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, would the sponsor continue to

                 yield for questions?

                            SENATOR VOLKER:    Sure.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, what in fact happens in those



                                                        3782



                 instances where the alleged individual is

                 arrested and therefore comes to find out he

                 was falsely arrested?  What then happens to

                 that DNA sample?

                            SENATOR VOLKER:    The DNA would be

                 expunged in the same way as fingerprints would

                 be expunged.  And that provision is in this

                 bill.

                            So that if it would be -- as you

                 know, if there is a dismissal or an acquittal,

                 then the person has the right that the

                 fingerprints be returned.  In this case, the

                 DNA sample would have to be expunged and

                 destroyed.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, would the sponsor continue to

                 yield?

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you yield?

                            SENATOR VOLKER:    Sure.

                 Certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, what happens in those



                                                        3783



                 instances, as we all know, where even though

                 the fingerprints are supposed to be expunged,

                 they are actually not expunged and they

                 therefore still exist in a database and they

                 arise when the falsely accused applies for a

                 job?

                            In those situations, shouldn't

                 there be a procedure in which that the

                 destruction of such DNA sampling is --

                 shouldn't it be a -- shouldn't there be a

                 procedure where we know that the destruction

                 of such DNA sampling actually occurs, instead

                 of taking it for granted that it will

                 eventually be destroyed but at some point in

                 time we cannot ascertain if in fact it has

                 been destroyed?

                            SENATOR VOLKER:    Well, Senator,

                 it's illegal, in fact, to use any fingerprint

                 identification which is to be expunged and to

                 disseminate it for job purposes or any other

                 purpose.

                            And therefore, anybody who would

                 use DNA even after it was supposed to be

                 expunged is subject to a penalty.  And I think

                 in some cases, in fact, it would be a crime.



                                                        3784



                            The truth is, in these times -- and

                 there have been people who have been, frankly,

                 brought up on charges because they released

                 information on the fingerprints chart which

                 was supposed to be expunged.

                            So I think you're right there.  I

                 think the problem is we have to make sure that

                 people follow the law.  And as you know,

                 whenever anybody has found out that for some

                 reason they weren't expunged, you can bring an

                 action to make sure they are.

                            But I think one of the things that

                 will have to be done with DNA is to make sure

                 that not only the fingerprints are expunged,

                 but also the DNA, because that is only right.

                            SENATOR SAMPSON:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the bill?

                            Senator Liz Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If the sponsor would continue

                 to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you yield for a question?



                                                        3785



                            SENATOR VOLKER:    Sure.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator Volker, I am torn on this

                 bill because, on the one hand, in the memo you

                 talk about -- it uses the example of having

                 DNA used to find someone who was guilty of

                 rape even though they had been in the system,

                 so to speak, only for robbery.  And those are

                 not necessarily directly associated charges.

                            But following up on Senator

                 Sampson's point, it concerns me that we would

                 open the door for DNA testing for people in

                 almost every imaginable type of minimal crime.

                            I was sitting here reading through

                 the misdemeanor charts.  So that would be DNA

                 testing for anyone arrested for disorderly

                 conduct, loitering, as Senator Sampson said,

                 eavesdropping, the use of fireworks, fortune

                 telling, promoting gambling -- I suppose, with

                 all due respect to Senator Padavan, excluding

                 New York State government -- graffiti,

                 harassment, public lewdness, rent gouging,

                 theft of services, unlawful use of a computer.



                                                        3786



                            There's such a long, long list of

                 crimes that I don't think meet a standard of

                 sort of danger and, I suppose, physical danger

                 associated with the example in your memo.

                            I mean, even the City of New York

                 right now wants to require fingerprinting for

                 people who are unlicensed vendors who the

                 police stop and tell them to stop vending on

                 our streets.  And under your bill, they too

                 would go through DNA tests.

                            SENATOR VOLKER:    No, that's

                 incorrect.  Because that wouldn't be an

                 arrest.  What you're talking about is the --

                 we checked into that, by the way.

                            SENATOR LIZ KRUEGER:    Okay.

                            SENATOR VOLKER:    And there's a

                 number of inaccuracies in that memo, by the

                 way.

                            Because fingerprintable offenses

                 are not all the offenses that you listed.  We

                 specifically had to list -- for instance,

                 offenses like loitering, the only way that

                 would become a fingerprintable offense would

                 be to put it right in the statute.  Because

                 the majority of misdemeanors are not



                                                        3787



                 fingerprintable offenses.  Most of the

                 offenses that are fingerprintable are

                 felonies.

                            As far as the permitting is

                 concerned -- and I understand what the city is

                 talking about doing is fingerprinting for

                 someone who gets a permit.  But it's not an

                 arrest.  And therefore, since it's not an

                 arrest, you couldn't be subject to DNA -- to

                 taking DNA.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, just through you, to continue my

                 question.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you continue to yield?

                            SENATOR VOLKER:    Sure.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Perhaps I

                 complicated the issue by highlighting the new

                 vendor proposal by the city.  Although my

                 understanding is they wouldn't fingerprint

                 upon the application, they would fingerprint

                 when they arrested you for vending without a

                 license.



                                                        3788



                            But again, that was just one

                 example that fingerprinting -- again, as I'm

                 looking at the same law that Senator Sampson

                 was referencing, that a misdemeanor can be a

                 fingerprintable offense.

                            So you're saying that under your

                 bill -- and I misunderstood either the memo or

                 the bill -- most misdemeanors are not

                 fingerprint-required?

                            SENATOR VOLKER:    Under the

                 present law, most misdemeanors are not

                 fingerprintable.  And there are some that are.

                            I think the reason disorderly

                 conduct was fingerprintable, even though it's

                 not a misdemeanor, was because of the

                 implications of some of the crimes that are

                 involved.  And in fact, only certain of the

                 disorderly conduct offenses are printable.

                            I mean, what happened -- in fact,

                 most of those misdemeanors that were put in

                 were because of the City of New York, because

                 of the difficulty in tracking people.

                            But it's not as simple as some

                 people have tried to make it out to be.  And

                 I'm the first to say that this is an expansion



                                                        3789



                 of the DNA processing.  And I realize that

                 defense attorneys are extremely nervous about

                 this, and that the Civil Liberties Union is

                 extremely nervous because, after all, these

                 are the people they represent that get caught

                 up in crime situations.

                            And a person who is a -- by the

                 way, I mean I am a person who's been

                 fingerprinted all kinds of times.  I was

                 fingerprinted when I was a cop, I was

                 fingerprinted when I was a mailman, all that

                 sort of stuff.  Which is something that many

                 people never thought about.  So I suppose if I

                 was involved in anything, they could easily

                 get my -- could identify me because my

                 fingerprints would be all over the place.

                            But as far as DNA is concerned, you

                 must remember, this is only an arrest.  The

                 DNA samples can be disposed of and blocked

                 out, which is the way that they're doing it

                 nationwide now when they do it.  They simply

                 eliminate any of the reference to those

                 people.

                            So in all honesty, although this is

                 for more of a principle kind of thing for some



                                                        3790



                 people, I'm pretty sure that before you

                 left -- because you're younger than I am,

                 before you are gone from here, we'll be doing

                 this anyways.  I can virtually assure you.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if I could yield to my criminal

                 defense lawyer, Senator John Sampson.

                            Because my understanding, at least

                 in New York City, is you get arrested, you get

                 fingerprinted.  Including civil disobedience,

                 something I'd forgotten to mention before.  So

                 if I could yield.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, would the sponsor continue to

                 yield?

                            SENATOR VOLKER:    Sure.

                            ACTING PRESIDENT MEIER:    Are you

                 asking Senator Volker a question?

                            SENATOR SAMPSON:    Yes.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you yield for a question?

                            SENATOR VOLKER:    Certainly.

                 Certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.



                                                        3791



                            SENATOR SAMPSON:    Through you,

                 Mr. President, to the sponsor, what offenses

                 which are misdemeanors are not

                 fingerprintable?

                            SENATOR VOLKER:    Well, I guess I

                 would answer that by saying this.  And there

                 may be some fingerprinting done in the City of

                 New York.  But I can assure you that the vast

                 majority of the misdemeanors are not

                 fingerprintable.

                            I mean, traffic misdemeanors --

                 there's a lot of traffic misdemeanors.  It is

                 only recently that they -- that disorderly

                 conduct was put in.  Because most of

                 disorderly conduct are not misdemeanors to

                 start with, they are offenses.

                            And so that what has happened, of

                 course, in the city is that if you don't have

                 a Class E felony, it is not even considered

                 a -- almost a reportable offense these days.

                 Misdemeanors are now like violations used to

                 be.

                            But I don't know -- we never --

                 when I was a police officer, there were very

                 few misdemeanors that we fingerprinted.  And



                                                        3792



                 in fact, there is no authorization for most

                 misdemeanors to be fingerprinted.  That I'm

                 aware of.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, if the sponsor would continue

                 to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you yield for another question?

                            SENATOR VOLKER:    Yes, certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, based upon my experience

                 dealing with the criminal justice system, once

                 an individual is arrested, and if they have to

                 go through an arraignment, they are all

                 fingerprinted, whether for disorderly conduct,

                 whether for misdemeanors, felonies.

                            And as a result of that, then how

                 are we able to distinguish what are

                 fingerprintable offenses versus those which

                 are not fingerprintable offenses?

                            Because based upon this statute --

                 but based upon practice, once you are arrested

                 and you go down to central booking, all



                                                        3793



                 individuals are fingerprinted.  And as a

                 result of this legislation, they would also

                 have to go through the DNA testing.

                            SENATOR VOLKER:    Senator, I must

                 tell you something.  First of all, it's news

                 to me that disorderly conduct people are

                 arraigned; I mean, you go into court.  In many

                 cases, disorderly conduct, you get an

                 appearance ticket.  At least that's the

                 practice in most of the state.

                            If you're telling me that the

                 police take the time to fingerprint people for

                 minor offenses, that's interesting.  Because

                 it puts a -- it's a huge waste of time, as far

                 as I'm concerned.

                            But it's possible, if they are

                 arrested and if they are fingerprinted and if

                 they are subject to being fingerprinted,

                 assuming it's legal, then it's true that under

                 this statute, apparently then in the City of

                 New York -- I don't believe it would be

                 anyplace in the rest of the state -- they

                 would be subject to giving a DNA sample.

                 You're absolutely right.

                            SENATOR SAMPSON:    Also through



                                                        3794



                 you, Mr. President, one final question for the

                 sponsor.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you yield for one question?

                            SENATOR VOLKER:    Sure.  Sure.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SAMPSON:    Through you,

                 Mr. President, in those situations where --

                 usually when most individuals are arrested,

                 they are arrested for -- as we all know, if

                 they are arrested for, say, a felony and then

                 after we do go through the entire court

                 proceedings, sometimes a felony is reduced or

                 it's pled, sometimes, in some instances, to a

                 violation.

                            And what do we do in those

                 instances?  At what stage would that DNA

                 sampling be done?  At the initial stage when

                 the person is arrested --

                            SENATOR VOLKER:    Yes.

                            SENATOR SAMPSON:    -- or at the

                 end result of the disposition of the case?

                            SENATOR VOLKER:    No, that would

                 be if -- whenever they were required to



                                                        3795



                 provide fingerprints.  At the same time, they

                 would be provided with a DNA sample.

                            As you know, when you are -- if a

                 charge is reduced, you then can apply to have

                 the fingerprints expunged.  And if it is

                 reduced below the line, so to speak, on most

                 cases -- I say most cases, because it depends

                 on what you're also charged with, other things

                 that you're charged with.

                            But you're right, that the arrest

                 then would trigger the fingerprinting and

                 would then trigger the DNA.  Exactly right.

                            SENATOR SAMPSON:    Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Lachman.

                            SENATOR LACHMAN:    Mr. President,

                 through you, would the sponsor yield?

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you yield for a question?

                            SENATOR VOLKER:    Certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LACHMAN:    My memory might

                 be faulty, Senator Volker, but wasn't a

                 similar bill discussed in committee, and never



                                                        3796



                 went out of committee, last year or the year

                 before?

                            SENATOR VOLKER:    No, not an

                 arrest.

                            I can't remember -- we discussed a

                 bill for conviction.  I believe the city sent

                 us a bill that said that everyone convicted of

                 a fingerprintable offense would have to give

                 DNA.  But I don't remember a bill that would

                 provide for DNA for any fingerprintable

                 offense which you're arrested for.

                            I believe -- this is my

                 recollection -- this is the first time we've

                 seen this bill.

                            SENATOR LACHMAN:    Mr. President,

                 through you, would the sponsor yield for

                 another question?

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you yield?

                            SENATOR VOLKER:    Sure.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LACHMAN:    I believe in

                 response to one of the questions of my

                 colleagues you said that the DNA profiles can



                                                        3797



                 be taken out of the individual's record.

                            SENATOR VOLKER:    Right.  Sure.

                            SENATOR LACHMAN:    What criteria

                 are used for these to be taken out, and by

                 what authority?

                            SENATOR VOLKER:    The criteria

                 that you use would be the same criteria as for

                 getting rid of fingerprinting.  In other

                 words, if the fingerprints are to be expunged,

                 then the DNA would be expunged, under the same

                 rules.

                            I think some people think you can't

                 do that, but you can do that.

                            SENATOR LACHMAN:    Mr. President,

                 would the sponsor continue to yield?

                            ACTING PRESIDENT MEIER:    Senator

                 Volker?

                            SENATOR VOLKER:    Sure.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR LACHMAN:    Are you saying,

                 Senator Volker, that if a fingerprint is taken

                 out of the record, the DNA automatically is

                 taken out of the record?

                            SENATOR VOLKER:    Exactly.  If you



                                                        3798



                 read the bill, you'll see that the process in

                 here follows the same process as expungement

                 for fingerprinting.

                            SENATOR LACHMAN:    Thank you.

                            SENATOR VOLKER:    You're welcome.

                            ACTING PRESIDENT MEIER:    Senator

                 Montgomery.

                            SENATOR MONTGOMERY:    Yes, Mr.

                 President.  I wonder if Senator Volker would

                 yield for a question.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you yield for a question?

                            SENATOR VOLKER:    Sure.

                 Certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR MONTGOMERY:    Senator

                 Volker, since, as Senator Sampson has pointed

                 out, in looking at current law as it relates

                 to who gets fingerprinted, even if a police

                 officer stops someone because they don't have

                 don't have appropriate identification, they

                 could be fingerprinted.

                            And certainly since we -- our

                 School Safety Act includes a measure in which



                                                        3799



                 a youngster or a person in a school could

                 receive -- be arrested and be charged with a

                 Class D felony, that means we could have

                 literally thousands of people who, based on

                 the fingerprinting law, would be required to

                 have their DNA tested or collected.

                            SENATOR VOLKER:    The answer is

                 no, I don't believe many children are arrested

                 for Class D felonies.  I would suspect you

                 would find out it would be a handful that are

                 arrested on Class D felonies.  It just doesn't

                 happen.  Or even Class E felonies.

                            So the answer is just because you

                 stop somebody for identification, unless

                 they're actually arrested -- they have to be

                 arrested in order to be fingerprinted and to

                 get the DNA taken.  That's the law now.

                 That's the law in this bill.

                            In fact, this bill is even more

                 clear that they have to be arrested in order

                 to take DNA.

                            SENATOR MONTGOMERY:    Well,

                 Senator Volker -- through you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you continue to yield?



                                                        3800



                            SENATOR VOLKER:    Certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR MONTGOMERY:    I was

                 referring to the legislation that went into

                 effect, I believe, last year.  So it hasn't

                 had a chance to really be fully tested.  But

                 we changed the charge from a misdemeanor to a

                 felony in the schools.

                            But that's not my question.  I was

                 just -- I wanted to ask that with the

                 understanding that any arrest, basically,

                 based on the current law, could lead to a

                 person being fingerprinted --

                            SENATOR VOLKER:    Yes.

                            SENATOR MONTGOMERY:    -- and under

                 those circumstances, we're going to have

                 thousands of additional DNA samples collected.

                            What do we do, given the fact that

                 we already can't process the large numbers of

                 DNA samples that we already have, and we're

                 going to add to it?  Will that cause a huge

                 problem?  And how would we pay for that

                 testing that would be required?

                            SENATOR VOLKER:    Well, I don't



                                                        3801



                 think -- I don't think -- the testing is not

                 as much of a problem as the storage.  But we

                 are doing a much better job than people think

                 of doing the storage now than we were before.

                            But you're right about one thing,

                 it would cost some more money.  Because it is

                 not cheap to do this sort of -- it's not the

                 testing, it's the storage and the comparing

                 and all that stuff that is really expensive.

                            You're right there.  We would have

                 to increase the spending.  We'd probably have

                 to use some Homeland Security money, like we

                 do for just about everything else, it seems.

                            But you're right, it would be a

                 very expensive process.  And it's something we

                 have to look at when we deal with this.

                            SENATOR MONTGOMERY:    Thank you,

                 Senator Volker.

                            I have had conversations with

                 Senator Volker in prior years around the whole

                 question of how do we ensure, in fact, that

                 anyone who is convicted has access to DNA

                 testing in defense of a case, as much as we

                 have access to DNA for tracking criminal

                 activity and a person who has committed a



                                                        3802



                 crime.

                            However, I think that this goes way

                 beyond what we would consider to be a positive

                 step in the direction that I've discussed with

                 Senator Volker -- which I certainly would like

                 to see us do.

                            But this means that practically

                 every young person who runs into a police

                 officer -- certainly this happens a lot in my

                 district.  Youngsters are arrested for any

                 number of reasons, and ultimately they are not

                 convicted of anything, because it's a charge

                 that's totally thrown out.

                            And I would certainly not agree

                 that we should be doing a DNA collection for

                 every single person that is just arrested for

                 any purpose.

                            So I'm going to vote no on this

                 legislation.

                            ACTING PRESIDENT MEIER:    Senator

                 Sabini.

                            SENATOR SABINI:    Thank you, Mr.

                 President.  If, through you, the sponsor would

                 yield for a question.

                            ACTING PRESIDENT MEIER:    Senator



                                                        3803



                 Volker, do you yield for a question?

                            SENATOR VOLKER:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SABINI:    Senator Volker,

                 at the beginning of your presentation you

                 mentioned this was, I think, the number-two

                 priority for the City of New York in criminal

                 justice?

                            SENATOR VOLKER:    No, no, no, this

                 is the number two criminal justice -- not

                 their priority.  They've sent us this bill.

                 This is their number two criminal justice bill

                 sent to us for this year.  I'm not saying that

                 this is their priority.

                            SENATOR SABINI:    From the City of

                 New York?

                            SENATOR VOLKER:    Yes.  This is a

                 City of New York bill, is my point.

                            SENATOR SABINI:    Because, Mr.

                 President, through you, the --

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, do you continue to yield?

                            SENATOR VOLKER:    Certainly.

                            ACTING PRESIDENT MEIER:    The



                                                        3804



                 sponsor yields.

                            SENATOR SABINI:    Because we

                 received no memorandum from the city as -- or

                 at least I don't have a copy of it, as per the

                 usual custom.

                            SENATOR VOLKER:    I can assure

                 you, it is from the City of New York.  That's

                 why I wanted to mention it.

                            SENATOR SABINI:    On the bill, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator

                 Sabini, on the bill.

                            SENATOR SABINI:    It just -- it

                 seems to me that the bill as drafted is so

                 overarching as to be cumbersome for the city

                 to even administer, because virtually all

                 arrests will result in -- other than desk

                 appearance tickets will result in

                 fingerprinting and then, via this bill, DNA

                 testing.

                            And as we've learned in cases of

                 rape, DNA testing is not always put to the

                 best use, it's not stored properly.

                            And while I share the sponsor's

                 desire to track criminals better and more



                                                        3805



                 efficiently and use technology, I just don't

                 know if this shouldn't be narrowed a little

                 bit so that we don't have virtually everyone

                 who comes in contact with a police officer

                 subject to DNA testing.

                            I think that the concept is good.

                 I just think it's -- the way it's drafted

                 here, we wouldn't be able to get our arms

                 around it.  I don't have as much of a civil

                 liberties problem with it as I do an

                 administration problem.  And, frankly, to see

                 everyone who gets arrested for a misdemeanor

                 subject to DNA testing I think is just way too

                 much for us to handle.

                            And I just don't think this is the

                 best use of the technology.  Maybe if we

                 phased it in for felonies, I can see that.

                 But I just think this is a little too much.

                            I understand that sometimes, to get

                 criminals back into the system, we have to get

                 them for the small stuff.  That was done very

                 well in the subway system in New York under --

                 when Bill Bratton ran the transit police.  I

                 understand the concept.

                            But I just think this is too much



                                                        3806



                 too quickly, and my inclination is to vote

                 against this.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 11.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, to explain his vote.

                            SENATOR VOLKER:    Just one thing

                 quickly, a clarification on loitering.

                            I was just advised by my learned

                 counsel as to when we put that provision --

                 the reason that provision was in, and that was

                 specifically for the city on fingerprinting

                 people who are arrested for loitering, because

                 they had such a difficulty in determining

                 whether a person was a repeat offender or who

                 the person was, in many cases, that -- because

                 a repeat offense is a crime.  The initial

                 offense is not, but the repeat offense is a

                 crime.



                                                        3807



                            So the reason for the

                 fingerprinting was to determine who the people

                 are, in many cases.  And that was the reason

                 that we put it in, at the behest of the City

                 of New York and I think the New York City

                 Council at the time, because they were having

                 such difficulty tracking people.

                            And the concept was that if it

                 turned out they were not misdemeanants or

                 felons, whatever, that the fingerprinting

                 could then be disposed of after they found out

                 exactly who they were.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker will be recorded in the affirmative.

                            SENATOR VOLKER:    Yes,

                 affirmative.

                            ACTING PRESIDENT MEIER:    I

                 thought so.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1112 are

                 Senators Dilan, Duane, Hassell-Thompson,

                 L. Krueger, Montgomery, Parker, Paterson,

                 Sabini, Sampson, A. Smith, M. Smith, and

                 Stavisky.  Ayes, 49.  Nays, 12.

                            ACTING PRESIDENT MEIER:    The bill



                                                        3808



                 is passed.

                            Senator Montgomery, why do you

                 rise?

                            SENATOR MONTGOMERY:    Mr.

                 President, I would like unanimous consent to

                 be allowed to change my vote on a bill.

                            SENATOR VOLKER:    This bill?

                            (Laughter.)

                            ACTING PRESIDENT MEIER:    What

                 bill, Senator?

                            SENATOR MONTGOMERY:    I would like

                 to vote no on 962.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Montgomery will be recorded

                 in the negative on Calendar 962.

                            SENATOR MONTGOMERY:    Thank you.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read.

                            THE SECRETARY:    Calendar Number

                 1149, by Senator Montgomery, Senate Print

                 5068A, an act authorizing the City of

                 New York.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This



                                                        3809



                 act shall take effect immediately.

                            SENATOR VOLKER:    Explanation.

                            No, no.

                            (Laughter.)

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Montgomery, I think you

                 hurt Senator Volker's feelings.

                            Senator Padavan, that completes the

                 controversial calendar.

                            SENATOR PADAVAN:    Is there any

                 housekeeping at the desk, Mr. President?

                            ACTING PRESIDENT MEIER:    No,

                 there is not.

                            SENATOR PADAVAN:    Then if we can

                 stand at ease just for one minute, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 5:46 p.m.)

                            (Whereupon, the Senate reconvened

                 at 5:47 p.m.)



                                                        3810



                            SENATOR PADAVAN:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan.

                            SENATOR PADAVAN:    The Senate will

                 adjourn until Wednesday, June 11th, at

                 3:00 p.m.

                            ACTING PRESIDENT MEIER:    On

                 motion, the Senate stands adjourned until

                 Wednesday, June 11th, at 3:00 p.m.

                            (Whereupon, at 5:48 p.m., the

                 Senate adjourned.)