Regular Session - January 13, 2004

    

 
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                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                             January 13, 2004

                                11:07 a.m.





                              REGULAR SESSION







            LT. GOVERNOR MARY O. DONOHUE, President

            STEVEN M. BOGGESS, Secretary

















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                           P R O C E E D I N G S

                            THE PRESIDENT:    The Senate will

                 please come to order.

                            I ask everyone present to please

                 rise and repeat with me the Pledge of

                 Allegiance.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            THE PRESIDENT:    In the absence of

                 clergy, may we bow our heads in a moment of

                 silence.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            THE PRESIDENT:    Reading of the

                 Journal.

                            THE SECRETARY:    In Senate,

                 Monday, January 12, the Senate met pursuant to

                 adjournment.  The Journal of Friday,

                 January 9, was read and approved.  On motion,

                 Senate adjourned.

                            THE PRESIDENT:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.



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                            Messages from the Governor.

                            Reports of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator McGee,

                 from the Committee on Alcoholism and Drug

                 Abuse, reports:

                            Senate Print 729B, by Senator

                 Maziarz, an act to amend the Vehicle and

                 Traffic Law;

                            801, by Senator Marcellino, an act

                 to amend the Vehicle and Traffic Law;

                            1262, by Senator McGee, an act to

                 amend the Vehicle and Traffic Law;

                            2860A, by Senator McGee, an act to

                 amend the Vehicle and Traffic Law;

                            And 2993, by Senator DeFrancisco,

                 an act to amend the Navigation Law.

                            Senator Volker, from the Committee

                 on Codes, reports:

                            Senate Print 46B, by Senator Alesi,

                 an act to amend the Penal Law;

                            89, by Senator Maltese, an act to

                 amend the Penal Law;

                            512A, by Senator Balboni, an act to

                 amend the Penal Law;



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                            550, by Senator Skelos, an act to

                 amend the Penal Law;

                            1936A, by Senator Spano, an act to

                 amend the Penal Law;

                            2945, by Senator Volker, an act to

                 amend the Criminal Procedure Law;

                            3183, by Senator Velella, an act to

                 amend the Criminal Procedure Law;

                            3508, by Senator Volker, an act to

                 amend the Penal Law;

                            3827A, by Senator Skelos, an act to

                 amend the Criminal Procedure Law;

                            5158, by Senator Little, an act to

                 amend the Penal Law;

                            5278, by Senator Spano, an act to

                 amend the Penal Law;

                            5279, by Senator Golden, an act to

                 amend the Penal Law;

                            5280, by Senator Balboni, an act to

                 amend the Penal Law;

                            And Senate Print 5555, by Senator

                 Velella, an act to amend the Criminal

                 Procedure Law and the Penal Law.

                            All bills ordered direct to third

                 reading.



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                            THE PRESIDENT:    All bills ordered

                 direct to third reading.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Farley.

                            SENATOR FARLEY:    Thank you, Madam

                 President.

                            On behalf of Senator Golden, on

                 page 4 I offer the following amendments to

                 Calendar Number 2, Senate Print 2668, and I

                 ask that that bill retain its place on the

                 Third Reading Calendar.

                            On behalf of Senator Maziarz, on

                 page 5 I offer the following amendments to

                 Calendar 21, Print Number 264A, and I ask that

                 that bill retain its place.

                            On behalf of Senator Johnson, Madam

                 President, on page 6 I offer the following

                 amendments to Calendar 28, Senate Print 3782A,

                 and I ask that that bill retain its place on

                 the Third Reading Calendar.

                            THE PRESIDENT:    The amendments

                 are received, and the bills will retain their



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                 place on the Third Reading Calendar.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 I move we adopt the Resolution Calendar in its

                 entirety.

                            THE PRESIDENT:    All those in

                 favor of adopting the Resolution Calendar in

                 its entirety please say aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The calendar is

                 so adopted.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 I believe that I have a privileged resolution

                 at the desk.  I would ask that it be read in

                 its entirety and move for its immediate

                 adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator Bruno,

                 Legislative Resolution Number 3089, mourning

                 the death of former Speaker of the New York

                 State Assembly Perry B. Duryea, Jr.



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                            "WHEREAS, There are certain

                 outstanding individuals who, through their

                 selfless commitment and dedication as both

                 public servants and private citizens, have

                 served to better the quality of life in their

                 community and have had a measurable positive

                 impact on not only the lives of its residents

                 but on those of citizens throughout the State

                 of New York; and

                            "WHEREAS, Attendant to such

                 concern, and in full accord with its

                 long-standing traditions, this Legislative

                 Body is duly moved this day to pay tribute to

                 the distinguished life and career of former

                 Speaker of the New York State Assembly Perry

                 B. Duryea, Jr.; and

                            "WHEREAS, A public servant who

                 exemplified all that is best in government,

                 Perry B. Duryea, Jr., of Montauk, Long Island,

                 died on Sunday, January 11, 2004, at the age

                 of 82; and

                            "WHEREAS, First elected to the

                 First District in 1960, Perry B. Duryea, Jr.,

                 served as a member of the New York State

                 Assembly until 1978.  He held the esteemed



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                 position of Assembly Speaker from 1969 to

                 1973, and of Minority Leader from 1966 to 1968

                 and again from 1974 through 1978; and

                            "WHEREAS, As Speaker, Perry B.

                 Duryea, Jr., was a brilliant, compassionate

                 leader whose contributions helped improve the

                 qualify of life for New Yorkers across this

                 great Empire State; and

                            "WHEREAS, In 1978, as the standard

                 bearer of his party, Perry B. Duryea, Jr.,

                 sought the office of Governor of the State of

                 New York; and

                            "WHEREAS, An icon in Montauk,

                 Suffolk County, and throughout Long Island,

                 Perry B. Duryea, Jr., ran a seafood

                 distribution business, Perry B. Duryea & Son.

                 He also headed the Long Island State Park

                 Commission for six years, helped champion the

                 building of the Long Island Expressway, and

                 was founder and chairman of the Long Island

                 Commercial Bank.

                            "In recent years, while remaining

                 active in the family seafood business, he

                 served as spokesman for the Montauk Airport,

                 and last month he was nominated to be the



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                 Montauk Chamber of Commerce's Man of the Year;

                 and

                            "WHEREAS, A lifelong resident of

                 Montauk, Perry B. Duryea, Jr., graduated from

                 Colgate University in 1942.  He then served in

                 the United States Naval Air Transport Service

                 as a plane commander during World War II,

                 attaining the rank of lieutenant commander;

                 and

                            "WHEREAS, Perry B. Duryea, Jr., in

                 the truest sense and spirit of service to his

                 fellow citizens, unselfishly devoted his

                 leadership, time, and energy to important

                 community, civic, and governmental concerns

                 and causes, leaving upon them his own

                 indelible and lasting mark; now, therefore, be

                 it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations in a moment of

                 silent tribute to Perry B. Duryea, Jr., a

                 warm, caring, and responsive man whose

                 unselfish concern for the welfare of others

                 endowed and yet enhanced the lives of those so

                 fortunate to call him family, colleague or

                 friend; and to express its deepest condolences



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                 to his wife, Trace; his son, Perry "Chip"

                 Duryea III; his daughter, Lynn Duryea; and his

                 two grandchildren; and be it further

                            "RESOLVED, That a copy of this

                 resolution, suitably engrossed, be transmitted

                 to the family of Perry B. Duryea, Jr."

                            THE PRESIDENT:    Would the members

                 please stand and observe a moment of silence

                 in respect and in memory of Perry B. Duryea,

                 Jr.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            THE PRESIDENT:    Please be seated.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 thank you.  Colleagues, thank you.

                            Perry Duryea was an individual that

                 was so highly respected long before he entered

                 the Assembly in 1960, because of his work,

                 back in his community of Montauk, in the

                 lobster business, and clams, that his father

                 had started before him.  And his father

                 actually started him in politics.

                            And Perry had such a great impact

                 on what went on in his community and in the



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                 Legislature.  He actually became the leader

                 six years after he was elected to the

                 Assembly, Minority Leader.  And that was like

                 unheard-of.

                            And then in '68 I believe I met

                 him.  At the time, I was president of the

                 New York State Young Republicans and got to

                 know Perry in that role.  And I've got to tell

                 you, he just couldn't have been more pleasant.

                 You know, he was a statewide figure already.

                 And I'll never forget how he was just as

                 charming, respectful, encouraging.

                            They went into the majority that

                 year, and he became the Speaker in '69, as we

                 all heard.

                            Perry asked me to join his staff.

                 And I didn't.  But they asked me again in six

                 months, five months later, I don't remember.

                 But I joined his staff, became part of his

                 senior staff.  I was the special assistant for

                 personnel.

                            And I've got to tell you, you

                 couldn't have a better mentor than watching

                 him and working closely with him.  He had a

                 work ethic that was second to none.  He would



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                 be up at 4:00 in the morning, calling in back

                 home, dealing with whatever had to be dealt

                 with.  And he was awfully hard to keep up with

                 for the other members.

                            And if you think about it, Perry

                 was in the majority -- out of 150 seats,

                 76 seats.  You try and do a budget -- and I

                 remember well the discussions with Governor

                 Rockefeller that he had.  Earl Brydges was the

                 Majority Leader at the time.

                            Can you imagine getting a budget

                 done when you're doing some things that

                 weren't very popular, with 76 votes, when you

                 had about 20 members that would rather not be

                 there for that vote?  But Perry, with his

                 personality, his persuasion, his charm, got it

                 done.  He got things done.

                            And if there was ever one

                 individual that elevated the presence of the

                 Legislature here in this state, it was Perry

                 Belmont Duryea, Jr.

                            So I just, you know, learned with

                 such feelings of his passing.  Because I

                 stayed in touch with Perry.  He called me, I

                 talked with him about a lot of what was going



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                 on legislatively in our lives.  I just have

                 the greatest admiration and respect.

                            So this sort of concludes a chapter

                 in our lives here, and in my life.  But his

                 legacy just goes on and on and on.  They

                 recognized him as the Man of the Year.  Most

                 recently, a building was named after him, as

                 well it should.  And other things too.

                            If there's ever one individual --

                 and Senator LaValle can speak to that -- that

                 recognized how important it was to maintain

                 the parks and an expansiveness in New York

                 State for everyone for generations to enjoy,

                 it was Perry Duryea.

                            And he provided the leadership, and

                 the result and the expansion of the park

                 system and a lot of just the natural resources

                 we have in this state relate to Perry.

                            He was really a man's man.  He was

                 a commander, as you heard, in the Second World

                 War.  Flew his own plane -- had his own plane,

                 flew it.  And I've got to tell you, you wanted

                 a thrill, you'd get in that plane with Perry

                 and fly somewhere.  Because weather didn't

                 mean much to him.  He just -- when he had to



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                 be somewhere, he just went.

                            And, you know, I just can't say

                 enough things -- but there's others that want

                 to talk -- about Perry, his effect on my life.

                 And think about the kind of guy -- he had to

                 get back for session one time, and he was

                 flying his own plane and he was out somewhere.

                 And I remember they got "weather down."  And

                 frost and snow was all over the windshield.

                 Perry somehow reached out with his hand and

                 cleared the windshield.

                            (Laughter.)

                            SENATOR BRUNO:    And they had

                 sprayed it with something, and his hand froze.

                 And skin peeled off.

                            He walked around with a bandage on

                 his hand for I don't know how long as a

                 result, think about that, of, getting back,

                 reaching out to scrape the ice.  How many

                 people in here would do that?

                            I think, for me, I'd be heading

                 down to the nearest haven and, you know, just

                 staying there with the heater on until it

                 warmed up, and then get back to your duty.

                            Perry wasn't that kind of a guy.



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                 He had a job to do, he just zeroed in to get

                 that job done, and he got it done.

                            So I am just indebted, and I extend

                 my condolences to his wife, Trace, who is a

                 beautiful, lovely lady, and his son, Chip, who

                 is Perry Belmont Duryea, III.  He's the third.

                 And I watched Chip grow up, literally.  And

                 his other daughter Lynn, who resides in Texas

                 now, who's a beautiful young lady.

                            So I've just got the greatest

                 memories.  But I am really indebted to Perry

                 Duryea, his family and the memories that we

                 have, and his mentoring.  Because, for better

                 or for worse, he brought me into politics and

                 government.  And I wouldn't be here, probably,

                 if it wasn't for Perry.

                            So I say for better or for worse.

                 Perry would think it was for the better.  At

                 least that's what he told me the last time we

                 talked.

                            (Laughter.)

                            SENATOR BRUNO:    So thank you,

                 Madam President.  And thank you.

                            THE PRESIDENT:    Senator LaValle.

                            SENATOR LaVALLE:    Madam



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                 President, I think Senator Bruno, in his

                 remarks and the resolution, really framed out

                 the kind of person and some of the

                 accomplishments of Perry Duryea.

                            I just wanted to add, having had

                 the opportunity of serving with Perry as the

                 senator of the district, but also seeing, and

                 I think the other colleagues from Suffolk

                 would concur, that Perry Duryea, in our

                 political lifetime, was probably the most

                 charismatic person, political person from our

                 county.

                            There are not many people that we

                 meet in our political lifetimes that are

                 bigger than life.  And Perry was that.  He did

                 so much so easily.  And I can recall being in

                 a room where there were a lot of people and,

                 when Perry walked in, he truly was

                 charismatic.  It was like light just shone on

                 him.  He just lit up a room.

                            And those of us from Suffolk really

                 benefited because of his leadership, his

                 speakership, many of the things that -- the

                 State University and the Expressway would not

                 have happened if Perry was not in the position



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                 that he was.

                            He understood leadership, he

                 understood responsibility.  And not only the

                 people in the state but certainly we in

                 Suffolk County benefited from his leadership.

                            THE PRESIDENT:    Senator Johnson.

                            SENATOR JOHNSON:    Thank you,

                 Madam President.

                            I think Senator Bruno and Senator

                 LaValle made good points about Perry.

                            I didn't serve in the Assembly.  I

                 wasn't here in those years when Senator Bruno

                 was getting acquainted with Perry.  But I was

                 in Suffolk County helping other people get

                 elected to office.  In their campaigns and

                 whenever we had a rally or a fund-raiser,

                 Perry was there.

                            And Perry was the pièce de

                 résistance.  Everybody came there to see

                 Perry, he was such an outstanding person.  As

                 Ken said, he lit up the room.  Perry was

                 Perry, and we were all just people.

                            So he was a real draw.  He was a

                 real good Republican, a good person helping

                 elect other people to office.  And really, as



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                 Senator Bruno said he had an impact on his

                 life, he had an impact on many of our lives,

                 because we all looked forward to him, looked

                 up to him and thought, someday I would like to

                 be in a position where he is and be as

                 effective and as beneficial to the citizenry

                 as Perry was.

                            He certainly was.  And he was a

                 good personal friend of mine, a good personal

                 friend of my county chairman that talked me

                 into running for office.  And they were good

                 buddies until last month when they dedicated

                 the state office building in Perry B. Duryea's

                 name in Suffolk County.

                            And I'm going to miss him.  I'm

                 sure Buzz Schwenk's going to miss him, Kenny.

                 All of us who have really grown up with Perry

                 being there are going to miss that man, a

                 wonderful person.  And my condolences to his

                 family and friends.

                            Thank you.

                            THE PRESIDENT:    Senator Farley.

                            SENATOR FARLEY:    Thank you, Madam

                 President.

                            I just want to rise to say that,



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                 you know, we all pass through this area.  And

                 I'd bet you that perhaps half of this chamber

                 never knew Perry Duryea.  How quickly you're

                 somewhat forgotten.

                            But I'll tell you, he was some kind

                 of a presence.  Just to see him was an

                 experience.  He was really an outstanding guy.

                            I was fortunate enough just to

                 serve and just started here when he was a

                 leader over in the Assembly.  And he was

                 always very thoughtful to everybody and very

                 kind and humble to everybody, no matter who

                 you were.

                            And even though he was an imposing

                 presence, he was a rather shy person.  I was

                 at several functions with him; he never pushed

                 himself to the front of anything, but he was

                 always there, because he did have such a

                 commanding presence.

                            He was a giant that served New York

                 well.  Ran for governor and he was, I think,

                 way ahead when he started out.  And

                 unfortunately lost.  But he was, I think,

                 respected by everybody that knew him from all

                 sides of the aisle.



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                            I saw him in recent years, and he

                 was still a very imposing-looking person.  And

                 I'm sure that he and his family have to be

                 proud of the legacy that he left for New York

                 State.  And he'll be missed by a lot of

                 people.

                            THE PRESIDENT:    Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 could we at this time open this resolution to

                 the entire house.

                            And hopefully our colleagues that

                 would like to join will join.  And those that

                 would rather not, if you would let the desk

                 know, we'll respect that.

                            Thank you very much.

                            THE PRESIDENT:    If there is a

                 member who does not wish to have his or her

                 name included on this resolution, please

                 notify the desk.

                            Senator Trunzo.

                            SENATOR TRUNZO:    Thank you, Madam

                 President.  I just wanted to say a few words.

                            I've known Perry Duryea for number

                 of years, well over 40 years.  And he was a

                 great individual and an inspiration for me,



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                 not only politically but professionally,

                 working with him over these past years, even

                 after he retired from the State Assembly.  And

                 he was also been a very close friend and

                 political advisor to me for many, many years.

                            And all I can say about him at this

                 time, it was really a pleasure being with him

                 last October when Governor Pataki was there

                 and we renamed the state office building in

                 Hauppauge as the Perry Duryea State Office

                 Building.

                            And my offices are in that

                 building, and really it comes as memory to me

                 every time I walk into my office.  And it

                 really is a sad day for Suffolk County, and

                 even for the State of New York, for the loss

                 of Perry Duryea.  He was a great individual.

                            THE PRESIDENT:    Thank you,

                 Senator.

                            Senator Stavisky.

                            SENATOR STAVISKY:    Madam

                 President, I too remember Perry Duryea when he

                 served in the Assembly as Speaker and then as

                 Minority Leader, because my husband was in the

                 Assembly at the time.  And I do want to



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                 mention the fact that he was extremely kind to

                 people on my husband's side of the aisle.

                            I think he particularly liked

                 Leonard, because Leonard spent a summer

                 teaching summer school at Colgate, and he was

                 very proud of his allegiance to Colgate, his

                 alma mater.

                            But he was every bit the leader

                 that my friends on the other side of the aisle

                 have described.  He was the Speaker, he was a

                 Republican, but he was fair to the Democrats.

                 And I think that's really all that anybody

                 could ask for.

                            I remember Leonard saying to me one

                 day -- and this goes back many, many years,

                 but certain things you never forget.  Leonard

                 said to me he -- Leonard asked him when the

                 Legislature would adjourn, because Leonard had

                 accepted a commitment to teach summer school

                 in California.  And Perry said to Leonard:

                 "Don't tell anybody, but you'll be out in time

                 to be able to drive to California."

                            Leonard never said anything, but he

                 always appreciated Perry's honesty and his

                 integrity and his commitment to the people of



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                 our state.

                            So I too would like to join my

                 colleagues and commemorate the life and legacy

                 of Perry Duryea.

                            THE PRESIDENT:    Senator Flanagan.

                            SENATOR FLANAGAN:    Thank you,

                 Madam President.

                            I have a different sort of memory

                 of Perry Duryea, and it started really as a

                 kid.  My father and he served in the Assembly

                 together.

                            And I distinctly remember that he

                 was the type of person -- and it didn't really

                 matter whether you were the governor or you

                 were a schoolkid -- he had a unique ability to

                 make you feel special.  When he was talking to

                 you, there was nobody else around.  It was him

                 and you, and it was a direct conversation.

                            I distinctly remember that as a

                 child.  I have some great pictures of my

                 father and I and Speaker Duryea, and those are

                 things that I cherish.

                            And I'm not sure if somebody said

                 this, but if they didn't, it's very important

                 to remember too:  he was a gentleman, in the



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                 best sense of the word.  And certainly today

                 when there is perhaps a lack, or that's just

                 somewhat of a dying breed, he represented all

                 the positive traits of what people would call

                 a true gentleman.

                            I had an opportunity to see him

                 just less than a month ago.  He used to get

                 together with a group of political leaders in

                 what's commonly referred to as the "Back to

                 the Wall Club" in Suffolk County.  And they

                 were honoring Buzz Schwenk, our former county

                 leader, for his 80th birthday.

                            But he made a point of talking to

                 me, asking me how things were going, and still

                 had that ability to make somebody feel

                 special.

                            He obviously has a tremendous

                 legacy for Long Island.  But I'll just close

                 on a point that Senator LaValle made.  Another

                 thing that I remember was when Perry Duryea

                 walked in a room, he owned that room, I don't

                 care where it was.  He just had a presence

                 that was completely unique.  Very few people

                 have that quality.  He had it, but he was able

                 to back it up with talent.



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                            Thank you.

                            THE PRESIDENT:    All in favor of

                 this resolution please signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            Senator Bruno.

                            SENATOR BRUNO:    Thank you, Madam

                 President.

                            There will be an immediate meeting

                 of the Corporations Committee in the Majority

                 Conference Room.

                            THE PRESIDENT:    There will be an

                 immediate meeting of the Corporations

                 Committee in the Majority Conference Room.

                            SENATOR BRUNO:    And I believe

                 there is a privileged resolution at the disk

                 by Senator Paterson.  I would ask that the

                 title be read and move for its immediate

                 adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator



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                 Paterson, Legislative Resolution Number 3090,

                 commemorating the 75th birthday of the

                 Reverend Dr. Martin Luther King, Jr., and

                 honoring The Martin Luther King, Jr., Center

                 New York Support Group.

                            THE PRESIDENT:    The question is

                 on the resolution.  All in favor please

                 signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 could we at this time have the

                 noncontroversial reading of the calendar.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 6, by Senator LaValle, Senate Print 839, an

                 act to amend the Town Law, in relation to

                 permitting fire districts.

                            THE PRESIDENT:    Read the last

                 section.



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                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 8, by Senator Larkin, Senate Print 1382 --

                            SENATOR HOFFMANN:    Lay the bill

                 aside for the day, please.

                            THE PRESIDENT:    The bill is laid

                 aside for the day.

                            THE SECRETARY:    Calendar Number

                 18, by Senator LaValle, Senate Print 487, an

                 act to amend the Education Law, in relation to

                 the disclosure of gifts.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of August.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is



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                 passed.

                            THE SECRETARY:    Calendar Number

                 22, by Senator Balboni, Senate Print 524, an

                 act to amend the General Business Law and the

                 Penal Law, in relation to operating an

                 aircraft while intoxicated.

                            THE PRESIDENT:    Read the last

                 section.

                            SENATOR HOFFMANN:    Lay it aside

                 for the day, please.

                            THE PRESIDENT:    The bill is laid

                 aside for the day.

                            Senator Hoffmann, that completes

                 the reading of the calendar.

                            SENATOR HOFFMANN:    Is there any

                 housekeeping at the desk, Madam President?

                            THE PRESIDENT:    Yes, there is,

                 Senator Hoffmann.

                            Senator Meier.

                            SENATOR MEIER:    Thank you, Madam

                 President.

                            I offer the following amendments to

                 Calendar Number 38, Senate Print Number 1936A,

                 and ask that the bill retain its place on the

                 Third Reading Calendar.



                                                        94



                            THE PRESIDENT:    The amendments

                 are received, and the bill will retain its

                 place on the Third Reading Calendar, Senator.

                            SENATOR MEIER:    Madam President,

                 I'm going to hand off to Senator Alesi, in the

                 interests of my voice.

                            THE PRESIDENT:    Senator Alesi.

                            SENATOR ALESI:    Madam President,

                 I offer the following amendments to Calendar

                 45, Senate Print 5279, and ask that said bill

                 retain its place on Third Reading Calendar, on

                 behalf of Senator Golden.

                            THE PRESIDENT:    The amendments

                 are received, and the bill will retain its

                 place on the Third Reading Calendar.

                            SENATOR ALESI:    And I also offer

                 the following amendments to Calendar Number

                 44, Senate Print 5278, and ask that said bill

                 retain its place on Third Reading Calendar.

                            THE PRESIDENT:    The amendments

                 are received, and the bill will retain its

                 place on the Third Reading Calendar.

                            SENATOR ALESI:    Thank you, Madam

                 President.

                            I also offer the following



                                                        95



                 amendments to Calendar Number 46, Senate Print

                 Number 5280, and ask that said bill retain its

                 place on Third Reading Calendar.

                            THE PRESIDENT:    The amendments

                 are received, and the bill will retain its

                 place on the Third Reading Calendar.

                            Senator Paterson.

                            SENATOR PATERSON:    Madam

                 President, if you will indulge me, I am in

                 error.  The resolution that commemorates the

                 75th birthday of Dr. Martin Luther King, I did

                 not open it up for all of my colleagues.

                            And I was reminded of that by

                 Senator Colonel Larkin, who I never knew was

                 on the march from Selma to Montgomery, was

                 actually sent by the Army to try to get some

                 indulgence from Governor Wallace.  And while I

                 cannot repeat what Governor Wallace said to

                 him, I'm sure you can imagine what that

                 feeling was.

                            And Senator Larkin will be speaking

                 on the same day of this anniversary.  And it

                 is quite rewarding to know that a member of

                 our chamber was so much a part of the rich

                 culture and history that was the civil rights



                                                        96



                 movement, and that right here within our own

                 chamber there were warriors in that struggle,

                 not the least of which is Senator Larkin, and

                 many others who would like to go on this

                 resolution.

                            So we'd like to open the resolution

                 up for all of my colleagues at this time.

                            THE PRESIDENT:    Thank you,

                 Senator Paterson.

                            All members who do not wish their

                 name on the resolution concerning Martin

                 Luther King please so notify the desk.

                            Senator Hoffmann.

                            SENATOR HOFFMANN:    Madam

                 President, for the information of the members,

                 there will be an EnCon meeting in 332

                 immediately following the conclusion of the

                 Corporations Committee meeting, and a Civil

                 Service Committee meeting to follow that, also

                 in 332.

                            THE PRESIDENT:    There will be an

                 EnCon and then a Civil Service Committee

                 meeting in the Majority Conference Room.

                            SENATOR HOFFMANN:    And the Senate

                 will stand at ease pending the conclusion of



                                                        97



                 those committee meetings.

                            THE PRESIDENT:    There will be an

                 EnCon Committee meeting and then a Civil

                 Service Committee meeting, and the Senate

                 stands at ease.

                            (Whereupon, the Senate stood at

                 ease at 11:43 a.m.)

                            (Whereupon, the Senate reconvened

                 at 11:49 a.m.)

                            ACTING PRESIDENT BONACIC:    The

                 Senate will come to order, please.

                            Senator Larkin.

                            SENATOR LARKIN:    Mr. President,

                 the EnCon Committee will meet in Room --

                            ACTING PRESIDENT BONACIC:    Excuse

                 me, Senator.

                            Could we please have a little quiet

                 so Senator Larkin can speak.

                            Senator.

                            SENATOR LARKIN:    The EnCon

                 Committee will meet immediately in Room 332.

                            ACTING PRESIDENT BONACIC:    The

                 Senate EnCon Committee will meet in Room 332.

                            Thank you, Senator Larkin.

                            SENATOR LARKIN:    We'll now stand



                                                        98



                 at ease.

                            ACTING PRESIDENT BONACIC:    The

                 Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 11:49 a.m.)

                            (Whereupon, the Senate reconvened

                 at 11:55 a.m.)

                            ACTING PRESIDENT VOLKER:    Senator

                 Larkin.

                            SENATOR LARKIN:    There will be an

                 immediate meeting of the Civil Service

                 Committee in Room 332.

                            ACTING PRESIDENT VOLKER:

                 Immediate meeting of the Civil Service

                 Committee in Room 332.

                            Thank you.

                            (Whereupon, the Senate stood at

                 ease at 11:56 a.m.)

                            (Whereupon, the Senate reconvened

                 at 12:01 p.m.)

                            ACTING PRESIDENT VOLKER:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, may we return to reports of

                 standing committees.



                                                        99



                            I believe the report is at the

                 desk.

                            ACTING PRESIDENT VOLKER:    The

                 clerk will read.

                            THE SECRETARY:    Senator Robach,

                 from the Committee on Civil Service and

                 Pensions, reports:

                            Senate Print 5871, by Senator

                 Farley, an act to amend Chapter 729 of the

                 Laws of 1994;

                            And Senate Print 5893, by Senator

                 Leibell, an act to amend the Retirement and

                 Social Security Law.

                            Senator Leibell, from the Committee

                 on Corporations, Authorities and Commissions,

                 reports:

                            Senate Print 1207, by Senator

                 Robach, an act to amend the Public Authorities

                 Law;

                            1465, by Senator Farley, an act to

                 amend the Not-for-Profit Corporation Law;

                            3704, by Senator Spano, an act to

                 amend the Transportation Corporations Law;

                            4330, by Senator Leibell, an act to

                 amend the Public Authorities Law;



                                                        100



                            4446, by Senator Golden, an act to

                 amend the Public Authorities Law;

                            4716B, by Senator Leibell, an act

                 to amend the Public Authorities Law;

                            4815, by Senator Leibell, an act to

                 amend the New York State Urban Development

                 Corporation Act;

                            4816, by Senator Leibell, an act to

                 amend the Transportation Corporations Law;

                            4838, by Senator Leibell, an act to

                 amend the Public Authorities Law;

                            4839, by Senator Leibell, an act to

                 amend the Cooperative Corporations Law;

                            And Senate Print 4887, by Senator

                 Leibell, an act to amend the Waterfront

                 Commission Act.

                            Senator Marcellino, from the

                 Committee on Environmental Conservation,

                 reports:

                            Senate Print 819, by Senator Kuhl,

                 an act to amend the Environmental Conservation

                 Law;

                            879, by Senator Marcellino, an act

                 to amend the Environmental Conservation Law;

                            1414, by Senator Little, an act to



                                                        101



                 amend the Environmental Conservation Law;

                            And Senate Print 2059, by Senator

                 Farley, an act to amend the Environmental

                 Conservation Law.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT VOLKER:    Without

                 objection, third reading.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, is there any housekeeping at the

                 desk?

                            ACTING PRESIDENT VOLKER:    I don't

                 believe so, Senator.

                            SENATOR FUSCHILLO:    There being

                 no further business, I move we adjourn, in

                 name and in memory of The Honorable Perry

                 Duryea, until Tuesday, January 20th, at

                 3:00 p.m., intervening days being legislative

                 days.

                            ACTING PRESIDENT VOLKER:    On

                 motion, the Senate stands adjourned, in name

                 and in memory of The Honorable Perry Duryea,

                 till Tuesday, January 20th, at 3:00 p.m.,

                 intervening days being legislative days.



                                                        102



                            Thank you, Senator.

                            (Whereupon, at 12:05 p.m., the

                 Senate adjourned.)