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
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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
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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
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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
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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.)