Regular Session - February 23, 2004

    

 
                                                        521



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                             February 23, 2004

                                 3:38 p.m.





                              REGULAR SESSION







            SENATOR CARL L. MARCELLINO, Acting President

            STEVEN M. BOGGESS, Secretary















                                                        522



                           P R O C E E D I N G S

                            ACTING PRESIDENT MARCELLINO:    The

                 Senate will come to order.

                            I ask that everyone present please

                 rise and repeat with me the Pledge of

                 Allegiance.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            ACTING PRESIDENT MARCELLINO:    The

                 invocation today will be given by Rabbi Nate

                 Segal, The New Springfield Jewish Center, on

                 Staten Island.

                            RABBI SEGAL:    Our Father in

                 heaven, we invoke Your blessings upon this

                 august body.  May it be guided by Your

                 commandments and teachings.

                            We are told in the Book of Genesis

                 that God destroyed the world with a flood.

                 After the flood, Noah sent out a dove to see

                 how much the waters receded.  The dove returns

                 with a leaf in its mouth.

                            The rabbis ask:  "If the world was

                 destroyed, where was the tree that the leaf

                 came from?"  Our rabbi's answer, that the leaf

                 was from a tree that was growing in the Garden



                                                        523



                 of Eden, Paradise.  And the message that the

                 Almighty was giving to Noah was that the world

                 that was just destroyed was corrupt.  The

                 world that Noah was about to rebuild can be a

                 paradise.

                            The New York State Senate, under

                 the dynamic leadership of our Lieutenant

                 Governor, our Majority Leader, and my dear

                 friend and Senator, the Honorable John Marchi:

                 Never stop dreaming about this ultimate goal.

                 It inspires you, our esteemed legislators, to

                 work tirelessly towards its realization,

                 bringing us a little piece of paradise in a

                 place we call New York State.

                            In the midst of the Civil War, a

                 soldier came in to President Lincoln and he

                 said, "Mr. President, is God on our side?"

                 The President said, "The question is, are we

                 on God's side?"

                            May God bless this body with the

                 courage and strength you need to be successful

                 in this monumental task.  May the spirit of

                 God prevail on this house forever and ever.

                            Amen.

                            ACTING PRESIDENT MARCELLINO:



                                                        524



                 Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there will be an immediate meeting of the

                 Elections Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT MARCELLINO:

                 There will be an immediate meeting of the

                 Elections Committee in the Majority Conference

                 Room.

                            May we have the reading of the

                 Journal, please.

                            THE SECRETARY:    In Senate,

                 Sunday, February 22, the Senate met pursuant

                 to adjournment.  The Journal of Saturday,

                 February 21, was read and approved.  On

                 motion, Senate adjourned.

                            ACTING PRESIDENT MARCELLINO:

                 Without objection, the Journal stands approved

                 as read.

                            Presentation of petitions.

                            Messages from the Assembly.

                            Messages from the Governor.

                            Reports of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Spano,



                                                        525



                 from the Committee on Investigations and

                 Government Operations, reports:

                            Senate Print 749, by Senator

                 LaValle, an act to amend the Tax Law;

                            1197A, by Senator Spano, an act to

                 amend the Alcoholic Beverage Control Law;

                            1606, by Senator Spano, an act to

                 amend the Arts and Cultural Affairs Law;

                            2514B, by Senator Spano, an act to

                 amend the Public Lands Law;

                            3129C, by Senator Spano, an act to

                 amend the Alcoholic Beverage Control Law;

                            3930, by Senator Little, an act to

                 amend the Tax Law;

                            4173, by Senator Spano, an act to

                 amend the Alcoholic Beverage Control Law;

                            4226, by Senator Spano, an act to

                 amend the Executive Law;

                            4227, by Senator Spano, an act to

                 amend the Alcoholic Beverage Control Law;

                            4228, by Senator Spano, an act to

                 amend the Tax Law;

                            4241, by Senator Spano, an act to

                 amend the Tax Law;

                            4806, by Senator Spano, an act to



                                                        526



                 amend the Executive Law;

                            4812, by Senator Spano, an act to

                 amend the Executive Law;

                            5136, by Senator Spano, an act to

                 amend the Civil Rights Law;

                            5144, by Senator Spano, an act to

                 amend the Tax Law;

                            5151, by Senator Spano, an act to

                 amend the Tax Law;

                            5803, by Senator Spano, an act to

                 amend the Executive Law;

                            And Senate Print 5957, by Senator

                 Seward, an act to amend the Tax Law.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MARCELLINO:    All

                 bills reported to third reading.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator McGee.

                            SENATOR McGEE:    Mr. President, on

                 behalf of Senator Rath, I move that the

                 following bill be discharged from its



                                                        527



                 respective committee and be recommitted with

                 instructions to strike the enacting clause:

                 S3565.

                            ACTING PRESIDENT MARCELLINO:    So

                 ordered.

                            SENATOR McGEE:    Mr. President, on

                 behalf of Senator Velella, on page number 13 I

                 offer the following amendments to Calendar

                 Number 156, Senate Print Number 5970, and ask

                 that said bill retain its place on Third

                 Reading Calendar.

                            ACTING PRESIDENT MARCELLINO:    So

                 ordered.

                            SENATOR McGEE:    Mr. President, on

                 behalf of Senator Velella, on page number 13 I

                 offer the following amendments to Calendar

                 Number 157, Senate Print Number 5973, and ask

                 that said bill retain its place on Third

                 Reading Calendar.

                            ACTING PRESIDENT MARCELLINO:    So

                 ordered.

                            SENATOR McGEE:    Mr. President, on

                 behalf of Senator Velella, on page number 22 I

                 offer the following amendments to Calendar

                 Number 275, Senate Print Number 3194, and ask



                                                        528



                 that said bill retain its place on Third

                 Reading Calendar.

                            ACTING PRESIDENT MARCELLINO:    So

                 ordered.

                            SENATOR McGEE:    Mr. President, on

                 behalf of Senator Maziarz, on page number 22 I

                 offer the following amendments to Calendar

                 Number 278, Senate Print Number 4417A, and ask

                 that said bill retain its place on Third

                 Reading Calendar.

                            ACTING PRESIDENT MARCELLINO:    So

                 ordered.

                            Thank you, Senator McGee.

                            SENATOR McGEE:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Skelos.

                            SENATOR SKELOS:    Mr. President, I

                 believe there's a substitution at the desk.

                 If we could make it at this time.

                            ACTING PRESIDENT MARCELLINO:    The

                 Secretary will read.

                            THE SECRETARY:    On page 21,

                 Senator Hannon moves to discharge, from the

                 Committee on Health, Assembly Bill Number 9212



                                                        529



                 and substitute it for the identical Senate

                 Bill Number 6036, Third Reading Calendar 270.

                            ACTING PRESIDENT MARCELLINO:

                 Substitution ordered.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could go to the noncontroversial reading

                 of the calendar.

                            ACTING PRESIDENT MARCELLINO:    The

                 Secretary will read the noncontroversial

                 calendar.

                            THE SECRETARY:    Calendar Number

                 21, by Senator Maziarz, Senate Print 264B, an

                 act to amend the Highway Law, in relation to

                 the designation of the "General Casimir

                 Pulaski Highway."

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section, please.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            ACTING PRESIDENT MARCELLINO:    The



                                                        530



                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 23, by Senator LaValle, Senate Print 924C, an

                 act to amend the Highway Law, in relation to

                 designating the "North Fork Wine Trail" and

                 the "Hamptons Wine Trail" as the "Long Island

                 Wine Country Trails."

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 68, by Senator Farley, Senate Print 2262, an

                 act to amend the Banking Law, in relation to

                 the regulation of licensed transmitters of

                 money.

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section.

                            THE SECRETARY:    Section 3.  This



                                                        531



                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 105, by Senator Spano, Senate Print 2989B, an

                 act to amend the Public Authorities Law, in

                 relation to extending the time.

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 111, by Senator Marcellino, Senate Print 776,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to the enforcement of the offense



                                                        532



                 of operating a motor vehicle with a suspended

                 license.

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 120, by Senator Kuhl, Senate Print 4230, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to the definitions of a car carrier

                 and overhang.

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section, please.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)



                                                        533



                            THE SECRETARY:    Ayes, 50.  Nays,

                 1.  Senator Hassell-Thompson recorded in the

                 negative.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 140, by Senator Skelos --

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is laid aside.

                            THE SECRETARY:    Calendar Number

                 145, by Senator Volker, Senate Print 5912A, an

                 act to amend the Civil Practice Law and Rules,

                 in relation to the service of a subpoena duces

                 tecum.

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section, please.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 52.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.



                                                        534



                            THE SECRETARY:    Calendar Number

                 177, by Senator Fuschillo, Senate Print 2961A,

                 an act authorizing the assessor of the Village

                 of Freeport to accept an application.

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 52.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 178, by Senator Maziarz, Senate Print 3794A,

                 an act creating the Lewiston Public Library

                 District.

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)



                                                        535



                            THE SECRETARY:    Ayes, 52.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 198, by Senator DeFrancisco, Senate Print

                 1485, an act to amend the Surrogate's Court

                 Procedure Act, in relation to computation.

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MARCELLINO:

                 Withdraw the roll call.

                            Lay the bill aside.

                            THE SECRETARY:    Calendar Number

                 202, by Senator Flanagan, Senate Print 5512,

                 an act to amend the Real Property Law, in

                 relation to filing of maps and abandonment.

                            ACTING PRESIDENT MARCELLINO:



                                                        536



                 Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 52.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 214, by Senator Bonacic, Senate Print 422, an

                 act to amend the Penal Law, in relation to

                 establishing the vehicular assault of a

                 provider.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MARCELLINO:    Lay

                 the bill aside, please.

                            THE SECRETARY:    Calendar Number

                 231, by Senator Little, Senate Print 2629A, an

                 act authorizing the payment of ordinary

                 disability retirement benefits.

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section.

                            THE SECRETARY:    Section 2.  This



                                                        537



                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 237, by Senator Wright, Senate Print 4062A --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MARCELLINO:    Lay

                 the bill aside, please.

                            Senator Skelos, that completes the

                 reading of the noncontroversial calendar.

                            SENATOR SKELOS:    Mr. President,

                 if we could go to the controversial reading of

                 the calendar.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Duane, why do you rise?

                            SENATOR DUANE:    I'd like

                 unanimous consent to be recorded in the

                 negative on Calendar Number 111 and Calendar

                 Number 120.

                            ACTING PRESIDENT MARCELLINO:



                                                        538



                 Without objection, so ordered.

                            Senator Skelos, can we read the

                 controversial calendar?

                            SENATOR SKELOS:    Yes, Mr.

                 President.

                            THE SECRETARY:    Calendar Number

                 140, by Senator Skelos, Senate Print 554 --

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Skelos, an explanation has been asked

                 for.

                            SENATOR SKELOS:    Mr. President,

                 this legislation will eliminate discretionary

                 parole for violent felony offenders who have

                 been convicted and sentenced for three or more

                 violent felonies in a ten-year period.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                 If the sponsor would yield, please.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Skelos, do you yield for a question?

                            SENATOR SKELOS:    Yes, I do.

                            ACTING PRESIDENT MARCELLINO:    The



                                                        539



                 Senator yields, Senator.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.

                            I know I raised some of these

                 issues last year, and I think some of my other

                 colleagues did.  But I guess I'll just narrow

                 it down to one question this year.

                            So under your proposal there would

                 never be any judicial discretion, no matter

                 what the types of felonies were?  There were

                 three felonies, and therefore there is no

                 judicial discretion to ever reconsider for an

                 individual?

                            SENATOR SKELOS:    I'm not sure if

                 you heard my explanation at the beginning.  It

                 was three violent felonies within a ten-year

                 period.

                            SENATOR LIZ KRUEGER:    Okay.

                 Thank you for the clarification.

                            Mr. President, on the bill, please.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I'd like to thank Senator Skelos

                 for his explanation and the clarification of



                                                        540



                 the explanation.

                            Again, as I voted against this bill

                 last year, I will vote against it again this

                 year.  While on its face three violent

                 felonies in a ten-year time period might

                 appear to justify life imprisonment without

                 parole, we legislate, hopefully, on the

                 exception and not the rule and not to have

                 laws that are such that a judge can never be

                 in a position where they can make an

                 individual evaluation of the circumstance.

                            And I feel that for the State of

                 New York to pass a law that takes away all

                 judicial discretion, even in this one category

                 for three violent felonies in a ten-year

                 period, is not an option we should be taking.

                 I would argue there are few judges who

                 perhaps -- or few parole panels who would

                 consider parole.  But nonetheless, I don't

                 think the State of New York should bind itself

                 to life imprisonment without parole options

                 for any individual prisoners.

                            This is a broad universe of people,

                 a broad universe of violent crimes that might

                 be considered, and I don't think that we in



                                                        541



                 the Legislature should pass a law that allows

                 for no exceptions to the rule.

                            So I'll be voting against this bill

                 again this year.  Thank you.

                            ACTING PRESIDENT MARCELLINO:    Any

                 other Senators wishing to be heard?

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  On the bill.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    I think

                 that, as Senator Krueger indicated, it's

                 important to recognize that this legislation

                 is a part of an ongoing process of

                 transferring discretion -- not reducing

                 discretion, but transferring discretion from

                 judges to prosecutors.

                            And I would really like to remind

                 all of my colleagues that we're in a situation

                 now where we're dealing with extremely long

                 sentences in the first place.  We have

                 extended the length of the sentences.

                            In 1995, the mandatory sentence for

                 the sorts of defendants that we addressed



                                                        542



                 under this legislation were substantially

                 increased.  Since then, we've seen many

                 proposals come and go to further reduce the

                 discretion of judges.

                            And while the judges have held onto

                 their discretion, the crime rate has been

                 steadily going down.  It does not appear that

                 from any public policy point of view the

                 criminal justice system requires more severe

                 sentences to be imposed without judges having

                 the opportunity to take all factors into

                 account.

                            Having worked in a prison for

                 several years, I really have to tell you that

                 the notion of people coming into prison with

                 judges unable to fully and fairly assess all

                 the factors that are involved in their case,

                 and without the possibility of parole --

                 that's to say taking away an incentive they

                 have to try and rehabilitate themselves while

                 they're in prison -- is an extremely dubious

                 proposal.

                            I don't really think we need this.

                 I don't think it helps solve the crime problem

                 in this state.  I think the crime problem is



                                                        543



                 best addressed by devoting resources on the

                 front end to police and to other law

                 enforcement agencies rather than spending a

                 tremendous amount of money on high security,

                 intensive prison construction, and the

                 maintenance of these prisons that don't really

                 deter crime and don't really solve the

                 problems.

                            A defense lawyer commented -- and I

                 want to again remind people of this statement.

                 A defense lawyer, a prominent defense lawyer

                 has commented that he stopped representing

                 people who are cooperating with prosecutors

                 because for those defendants, quote, you don't

                 just have to teach them how to sing, you have

                 to teach them how to compose.  That's the end

                 of the quote.

                            There are people who are really,

                 frankly, being forced to make things up in an

                 effort to avoid this sort of sentencing

                 provision.  There are people who are possibly

                 capable of rehabilitation who are being denied

                 that possibility.  I think we should be as

                 tough as we possibly can be with these

                 individuals, but not unreasonably so.



                                                        544



                            And I would suggest that once a

                 prosecutor has the ability to charge a crime

                 as to which there is no discretion in the

                 court, that prosecutor has absolute power.

                 And as much as I have friends and family who

                 are prosecutors or who have been prosecutors,

                 we all know what absolute power does to

                 people.

                            I vote no.  I suggest everyone vote

                 no.

                            ACTING PRESIDENT MARCELLINO:    Any

                 other Senator wishing to be heard?

                            Seeing none, read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MARCELLINO:

                 Count the negatives and announce the results,

                 please.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 140 are

                 Senators Dilan, Hassell-Thompson, L. Krueger,



                                                        545



                 Paterson, and Schneiderman.  Ayes, 51.  Nays,

                 5.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there will be an immediate meeting of the

                 Rules Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT MARCELLINO:

                 There will be an immediate meeting of the

                 Rules Committee in the Majority Conference

                 Room.

                            Let's continue with the

                 controversial calendar.  The Secretary will

                 read.

                            THE SECRETARY:    Calendar Number

                 198, by Senator DeFrancisco, Senate Print

                 1485, an act to amend the Surrogate's Court

                 Procedure Act, in relation to computation.

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT MARCELLINO:



                                                        546



                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 214, by Senator Bonacic, Senate Print 422, an

                 act to amend the Penal Law, in relation to

                 establishing the vehicular assault of a

                 provider.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                 On the bill.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I don't see my colleague Senator

                 Bonacic, and I have to run to Rules.  But I

                 want to go on record why I'm voting against

                 the bill --

                            ACTING PRESIDENT MARCELLINO:    I

                 believe he just has his back to you, Senator.

                            SENATOR LIZ KRUEGER:    Oh, excuse

                 me.  Thank you.



                                                        547



                            -- why I'm voting against the bill.

                            Hello.  Excuse me.  Thank you,

                 Senator.

                            I won't ask you questions on the

                 bill.  We had the debate last year.  I will

                 simply state this bill is not based on the

                 intent of the driver to purposely hit someone

                 who is an emergency service provider.  If it

                 was, perhaps an alternative criminal penalty

                 might be justified.

                            But I don't believe we should have

                 different criminal penalties for people who

                 are committing the same kinds of crime

                 depending on what the outfit of the person or

                 car they hit is.  I don't think that is good

                 or good public policy or smart law.

                            So I hope that my colleagues will

                 think about voting against this bill, again,

                 because it is not written such that because

                 you intended to hit an emergency service

                 vehicle driver or do something to them that

                 you should have an added penalty.  It's simply

                 a default if they are a driver of an emergency

                 service vehicle, and I don't think that that

                 is a rational approach to public policy.



                                                        548



                            So I will be voting against the

                 bill and running to the Rules Committee.

                            Thank you very much.  It's a no.

                            ACTING PRESIDENT MARCELLINO:

                 Thank you, Senator.

                            Is any other Senator wishing to be

                 heard?

                            Seeing none, please read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll, please.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MARCELLINO:

                 Count the negatives and announce the results.

                            THE SECRETARY:    Ayes, 55.  Nays,

                 2.  Senators Hassell-Thompson and L. Krueger

                 recorded in the negative.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 237, by Senator Wright, Senate Print 4062A, an



                                                        549



                 act to amend the General Municipal Law, in

                 relation to extending.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Wright, an explanation is requested.

                            SENATOR WRIGHT:    Thank you, Mr.

                 President.

                            The bill would extend the benefits

                 of EDZs to agricultural cooperatives.  When

                 the original EDZ legislation was passed and

                 subsequently amended, ag cooperatives have not

                 been included.

                            And we found in a number of

                 instances where there have been processing

                 facilities, particularly cheese processing

                 facilities that are located in rural areas,

                 they were not in a position to market them to

                 a cooperative of producers, and many times the

                 very dairy farmers themselves create a

                 cooperative because of the exclusion in the

                 EDZ.

                            The plants themselves are within

                 the EDZ; the new ownership simply can't take

                 benefit of existing benefits under law.  So



                                                        550



                 this will extend those rights.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 Through you, Mr. President, if the sponsor

                 would yield for a few questions.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Wright, do you yield for a few

                 questions?

                            SENATOR WRIGHT:    I will, Mr.

                 President.

                            ACTING PRESIDENT MARCELLINO:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            My understanding is that this bill

                 modifies paragraph H of section 1 -- Section

                 1, subdivision H of Section 957 of the General

                 Municipal Law, which defines locally owned

                 business enterprises for the purpose of an

                 enterprise zone.  Is that correct?

                            SENATOR WRIGHT:    Yes.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Through you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Wright, do you continue to yield?



                                                        551



                            SENATOR WRIGHT:    I do.

                            ACTING PRESIDENT MARCELLINO:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 My understanding is that --

                            ACTING PRESIDENT MARCELLINO:

                 Excuse me, Senator Schneiderman.

                            If we can have a calming down,

                 please.  And if you can take the conversations

                 out of the room, that would be appreciated.

                            Thank you.

                            SENATOR SCHNEIDERMAN:    No, thank

                 you.

                            My understanding is that the

                 definition of a locally owned business

                 enterprise currently requires -- and I'm

                 reading from the statute -- that to get the

                 benefits of the enterprise zone, any business

                 has to be, quote, a business firm in which the

                 total ownership interest held by individuals

                 who are full-time bona fide residents of such

                 zone is more than 80 percent, among other

                 requirements.

                            This would provide an exemption

                 from that rule, is that not true?



                                                        552



                            SENATOR WRIGHT:    No, I don't

                 believe that's the case.  We had a second ii

                 provision for an ag cooperative established to

                 the subsequent section.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Through you, Mr. President, if the

                 sponsor would continue to yield.

                            SENATOR WRIGHT:    I will, Mr.

                 President.

                            ACTING PRESIDENT MARCELLINO:    He

                 yields.

                            SENATOR SCHNEIDERMAN:    But this

                 legislation that you're proposing would add

                 Section ii as an alternative.

                            So you could either get the

                 benefits of an enterprise zone if you were a

                 business firm in which the total ownership

                 interest held by individuals who are full-time

                 residents of the zone is more than 80 percent,

                 whose business activities are conducted in a

                 manner whereby at least 50 percent of the

                 assets of such firm are located and utilized

                 in such zone and at least 40 percent of the

                 firm's employees are principally employed in

                 such zone.  Three stiff requirements.  Or if



                                                        553



                 you're an agricultural cooperative.

                            And is it not true that if you fall

                 under Section ii and you're an agricultural

                 cooperative, then you don't have to comply

                 with the provisions of the first section,

                 which every corporation and other business in

                 this state has to comply with?

                            SENATOR WRIGHT:    Senator, you're

                 correct that we do provide an inclusion of a

                 agricultural cooperative.

                            And if you read further down,

                 you'll also note, on line 12, provided,

                 however, for business firms located within

                 zones designated in a city, then there's an

                 approval process with a community planning

                 board, et cetera.  So that we're reflecting

                 the local interest and there is local

                 participation.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Mr. President.  But that's only for --

                            ACTING PRESIDENT MARCELLINO:

                 Senator Wright, do you continue to yield?

                            SENATOR WRIGHT:    I do, Mr.

                 President.

                            ACTING PRESIDENT MARCELLINO:    He



                                                        554



                 yields.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            That does not apply to firms not

                 located outside of the city, does it?

                            SENATOR WRIGHT:    It provides to

                 those that are located within the zone.  And

                 there's a local governance for the zones.

                            SENATOR SCHNEIDERMAN:    But

                 through you, Mr. President --

                            ACTING PRESIDENT MARCELLINO:

                 Senator Wright, do you continue to yield?

                            SENATOR WRIGHT:    I do, Mr.

                 President.

                            ACTING PRESIDENT MARCELLINO:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 I appreciate it.

                            I just want to clarify this, that

                 the language you just cited on lines 12 and 13

                 only applies to "business firms located within

                 zones designated in a city"; is that not

                 correct?

                            SENATOR WRIGHT:    That is correct.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Mr. President, on the bill.



                                                        555



                            ACTING PRESIDENT MARCELLINO:

                 Senator Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    I thank

                 the sponsor for his answers.

                            I think that what we're dealing

                 with here is a situation in which once again

                 the original purpose of enterprise zones is

                 really being -- of Empire Zones is really

                 being distorted.  And I think this is

                 something that has been going over a period of

                 years, to the point that it's really very,

                 very difficult to recognize a lot of the

                 businesses in the zones if you analyze them

                 under the original purposes of this

                 legislation.

                            The difficulty I have with this

                 bill is that if there's a business in the

                 Bronx that's in an Empire Zone or a business

                 in Queens that's in an Empire Zone, some

                 manufacturing facility that's bought by an

                 out-of-state corporation, they lose the

                 benefits because they don't comply with the

                 requirement of the total ownership interest

                 being 80 percent held by people who live in

                 the zones.



                                                        556



                            This provides a loophole for one

                 particular type of business enterprise, an

                 agricultural cooperative.  And it may be that

                 we should change the legislation in its

                 entirety.  But if we're not willing to do

                 that, we certainly shouldn't make an exception

                 for one type of business enterprise.  I am

                 sympathetic to the situation that forms the

                 basis for this.  But I cannot in good

                 conscience create a loophole that doesn't

                 apply to other companies.

                            So recognizing the need for local

                 ownership to obtain the benefits of an Empire

                 Zone for any other business, I'm going to vote

                 no and I encourage my colleagues also to vote

                 no.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If, through you, the sponsor

                 would yield.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Wright, do you yield?

                            SENATOR WRIGHT:    I will, Mr.



                                                        557



                 President.

                            ACTING PRESIDENT MARCELLINO:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                 And I was out at Rules, so I apologize if I am

                 repeating a question, and then just tell me it

                 was already asked.

                            SENATOR WRIGHT:    I will.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Senator.

                            How many agricultural cooperatives

                 are there in the State of New York that this

                 change might affect?

                            SENATOR WRIGHT:    I don't know the

                 answer to that.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Mr. President, on the bill.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Well, I have to say I am concerned

                 that we don't even know how many cooperatives

                 this bill would affect, how large an impact

                 this would have on the existing empowerment

                 zone model that we have in place in New York



                                                        558



                 State.

                            Although I would hazard to take the

                 position that at the rate we keep changing the

                 rules in empowerment zones, expanding what

                 they cover, changing the boundaries on now a

                 yearly basis for the zones, that what we might

                 rather do in the New York State Senate is

                 simply expand empowerment zones to include

                 everyone in New York State.

                            Because that's the path that we

                 have taken.  From what was started out as one

                 model -- a model that's set to expire,

                 actually, this year, and which the Governor

                 said he intends to reform -- we keep, over

                 time, and through authorities, expanding the

                 universe of what Empire Zones cover, who can

                 be in them, the different tax credits that are

                 available to them.

                            At the budget hearing last week

                 before the Urban Development Corporation, when

                 the question was asked about how many tax

                 credits and exemptions have been given out in

                 empowerment zones in comparison to jobs

                 created, the Commissioner could not answer the

                 question how much money has the State of



                                                        559



                 New York lost in tax revenue because of its

                 decision to have Empire Zones and continue to

                 expand them, nor how many real jobs were

                 created.

                            The fact that in this specific

                 proposal we don't even know how many

                 cooperatives might be affected, so we

                 certainly can't know a projection on how much

                 lost revenue the state would see or, in

                 return, how many projected new jobs that

                 otherwise wouldn't be created would be

                 created, I have to say I think it is a mistake

                 for the State Senate to go piecemeal into

                 continued expansion of a set of programs that

                 in theory are up for expiration and reform

                 this year.

                            And again, I think when the numbers

                 are finally in, what we will find is that

                 Empire Zones have been an enormously expensive

                 model that have not justified the cost to the

                 State of New York and lost revenue and have

                 not justified themselves in the number of new

                 jobs created paying living wages for people in

                 our state, the ostensible goal of Empire

                 Zones.



                                                        560



                            And I, for one, would rather see us

                 use our tax revenue to pay for expansion of

                 public education rather than to continue to

                 give expenditures and credits to businesses

                 who we don't even know the answer in advance

                 of passing legislation who they are, how large

                 the tax credits and tax exemptions they might

                 be getting would be, or what the return will

                 be for our communities.

                            So I have to say, at this point in

                 history, any vote to expand a subsection of

                 Empire Zones is the wrong direction for

                 New York State to be going.  I'll be voting no

                 and urge my colleagues to.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Little.

                            SENATOR LITTLE:    Thank you, Mr.

                 President.  I would just like to speak on

                 behalf of this bill.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Little, on the bill.

                            SENATOR LITTLE:    And the question

                 was asked how it would affect different

                 businesses and cooperatives in New York State.



                                                        561



                            The McCadam Cheese factory in

                 Chateaugay was purchased by Agri-Mark.

                 Agri-Mark is made up of many, many New York

                 farmers as well.  And for the McCadam Cheese

                 factory in Chateaugay, this takes additional

                 milk from all of the farmers in that area, at

                 a time when our dairy farmers have had huge

                 problems and the price of their milk has gone

                 down and many of them have had to go out of

                 business.

                            The McCadam Cheese factory has

                 added additional jobs already.  They are

                 making a Pride of New York cheese product that

                 hopefully will equal what they have done to

                 the Cabot Cheese factory in Vermont.

                            So I would ask for support of this

                 bill and am very grateful that it is here on

                 the floor today.  Thank you.

                            ACTING PRESIDENT MARCELLINO:    Is

                 there any other Senator wishing to be heard on

                 the bill?

                            Hearing none, read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.



                                                        562



                            ACTING PRESIDENT MARCELLINO:

                 Call the roll, please.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.  Nays,

                 2.  Senators L. Krueger and Schneiderman

                 recorded in the negative.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            Senator Sabini.

                            SENATOR SABINI:    Mr. President,

                 I'd like to please be recorded in the negative

                 on Calendar Number 237.

                            ACTING PRESIDENT MARCELLINO:

                 Without objection.

                            THE SECRETARY:    In relation to

                 Calendar Number 237, ayes, 55, nays, 3.

                 Senators L. Krueger, Sabini, and Schneiderman

                 recorded in the negative.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            Senator Parker.

                            SENATOR PARKER:    Mr. President,

                 I'd like to request unanimous consent to be

                 recorded in the negative on Calendar Number

                 140, Bill Number S554.



                                                        563



                            ACTING PRESIDENT MARCELLINO:

                 Without objection, so ordered.

                            Senator Skelos, that completes the

                 reading of the controversial calendar.

                            SENATOR SKELOS:    Thank you.

                            If we could return to reports of

                 standing committees, I believe there's a

                 report of the Rules Committee at the desk.  I

                 ask that it be read at this time.

                            ACTING PRESIDENT MARCELLINO:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 6201, by Senator

                 Morahan, an act to amend the Election Law;

                            6202, by Senator Morahan, an act to

                 amend the State Finance Law;

                            6204, by Senator Morahan, an act to

                 amend the Election Law;

                            6205, by Senator Morahan, an act to

                 amend the Election Law;

                            6206, by Senator Bruno, an act to

                 amend the Tax Law and the State Finance Law;

                            And Senate Print 6207, by Senator



                                                        564



                 Morahan, an act to amend the Election Law.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Skelos.

                            SENATOR SKELOS:    Move to accept

                 the report of the Rules Committee.

                            ACTING PRESIDENT MARCELLINO:    The

                 motion is to accept the report of the Rules

                 Committee.  All those in favor signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MARCELLINO:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MARCELLINO:    The

                 Rules report is accepted.

                            Senator Skelos.

                            SENATOR SKELOS:    If we could just

                 stand at ease for a moment.

                            ACTING PRESIDENT MARCELLINO:    The

                 Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 4:21 p.m.)

                            (Whereupon, the Senate reconvened



                                                        565



                 at 4:23 p.m.)

                            ACTING PRESIDENT MARCELLINO:

                 Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time take up Calendar Number

                 326.

                            ACTING PRESIDENT MARCELLINO:    The

                 Secretary will read Calendar Number 326.

                            THE SECRETARY:    Calendar Number

                 326, by Senator Bruno, Senate Print 6206, an

                 act to amend the Tax Law and the State Finance

                 Law, in relation to prostate cancer research,

                 detection, and education.

                            ACTING PRESIDENT MARCELLINO:

                 Read the last section, please.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MARCELLINO:

                 Senator Bruno, to explain his vote.

                            SENATOR BRUNO:    To explain my

                 vote, Mr. President.

                            I want to thank my colleagues here



                                                        566



                 in the Senate for their support.  This is a

                 very important piece of legislation.  It has

                 to do, as you all know, with a tax check-off

                 for prostate cancer research, aiming towards a

                 cure.  It creates a coalition, a foundation

                 for prostate cancer.

                            And what is unique about this is

                 that Michael Milken, the Milken Family

                 Foundation, is going to match every dollar

                 that is contributed here in this state by any

                 donor.  And we believe that this is unique.

                            Michael Milken has joined us here,

                 with some of the very distinguished medical

                 community.  We had a two-hour session this

                 morning on prostate cancer prevention, early

                 detection and treatment.

                            And when you talk to Mr. Milken, he

                 will say that their objective -- and he has

                 done works over the last three decades to help

                 cure cancers, and most specifically now

                 prostate cancer, having started with his

                 philanthropy having to do with breast cancer

                 when his mother-in-law, 32 years ago, had that

                 disease.

                            So I'm indebted to you for your



                                                        567



                 support and appreciate the participation of

                 the Milken family, and Michael in particular,

                 and his colleagues that are here.

                            And someday, when we all recognize

                 one out of two men are going to end up with

                 some form of cancer, one out of three women

                 are going to end up with some form of

                 cancer -- this year, 2,000 New Yorkers will

                 die from prostate cancer; 13,000, 14,000 will

                 be informed that they have it.  Nationally,

                 230,000 prostate cancers a year; 30,000 people

                 die.  If we don't address this, as Mike Milken

                 has and as we are, in ten years the estimates

                 are there will be 50,000 people, not 30,000,

                 dying from prostate cancer.

                            So thank you, Mr. President, and

                 thank you, colleagues, for your support.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Lachman.

                            SENATOR LACHMAN:    First I want to

                 commend our Majority Leader, Senator Bruno,

                 for sponsoring this legislation, along with

                 Senator Alesi.

                            Only a Majority Leader can get

                 something out of Rules and on the floor in one



                                                        568



                 day so that Michael Milken can observe what

                 the Senate has done today.  It's an

                 outstanding piece of legislation, and it will

                 do much good -- much good -- in the State of

                 New York.

                            I also want to commend Michael

                 Milken, who is here with us today.  Very few

                 people realize that the Milken Family

                 Foundation has been involved in numerous

                 health and educational and cultural

                 activities.

                            In the 1990s, the Milken Family

                 Foundation, Michael and his brother Lowell,

                 contributed tens of thousands of dollars each

                 year to the CUNY -- the City University of New

                 York -- Graduate Center, to bring together the

                 leaders of the public and nonpublic school

                 communities in the twenty largest cities in

                 America.  I will never forget their effort in

                 this endeavor.  I was privileged to serve as

                 chairman of this group.

                            And I hope and pray that the Milken

                 Family Foundation will continue in the process

                 of helping society in good health for many,

                 many more years to come.  Congratulations,



                                                        569



                 Michael.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Paterson.

                            SENATOR PATERSON:    Thank you, Mr.

                 President.

                            I think there are probably several

                 members of this chamber who have been

                 afflicted, some publicly, some not publicly,

                 which is certainly an individual decision.

                 The leader of this conference, on a Friday in

                 August last year, made the decision to be

                 public about his issue and gave up his privacy

                 and private life to become a leader on this

                 issue.

                            Which shows that he's more than

                 just an elected leader, he's more than just a

                 leader of his peers or a leader around the

                 state, he is a leader of people, not just

                 among them.

                            This has, I think, resolved him to

                 be actually a stronger person than even

                 before, because of the great good that he's

                 done and the tremendous help that he's given

                 to the cause, and to bring as distinguished an

                 individual to our chamber -- we welcome



                                                        570



                 Mr. Milken today -- and all of us around an

                 issue that is so vital and spreads at such a

                 terrific rate.

                            Some of those statistics, that

                 90 percent of males over 70 years old will be

                 afflicted in some form, and all of the

                 measures that we're even taking now to try to

                 stop it, even with the use of alternative

                 therapies such as beta-sitosterol, which is an

                 element that contributes to reducing the

                 actual disease -- these are all

                 different avenues that we will investigate,

                 plus the traditional treatments.

                            And this is a fight that we can win

                 when there is public awareness and public

                 education and also a commitment from

                 government to actually fight it.

                            So on behalf of all the members of

                 this conference, we can't think of a time that

                 we've ever stood in this chamber when we are

                 proud to serve under Senator Bruno's

                 leadership, and we can't think of an issue

                 that is a greater menace to so many people in

                 society that we would need to fight any harder

                 than we would right now.



                                                        571



                            ACTING PRESIDENT MARCELLINO:

                 Senator Alesi.

                            SENATOR ALESI:    Thank you, Mr.

                 President.

                            I join my colleagues in asking the

                 support of this bill for all of the families

                 in New York State, and in recognizing that

                 whenever we've had a great issue before us,

                 especially when it deals with health care,

                 that there has to have been one person who

                 ignites the fire and one person who starts

                 that engine, one person who energizes the

                 issue to the point where it comes to the

                 floor.

                            And we can look around, not only

                 today but in the past, and unfortunately in

                 the future, and know that there are people

                 that are family members, people that are

                 friends and colleagues that will be affected

                 by prostate cancer -- not the least of which

                 is our leader, Senator Joe Bruno, who has had

                 his own challenges and has met them with great

                 courage, but also been an inspiration.

                            And by taking the charge on this

                 bill, Senator Bruno is just simply continuing



                                                        572



                 his commitment to the health care and welfare

                 of all New Yorkers that he started years ago

                 when he started his political career.

                            So I'd like to thank Senator Bruno

                 for his leadership, for showing us how to be

                 courageous.  And in doing that, I'd also like

                 to thank Michael Milken for bringing another

                 aspect to this particular piece of legislation

                 which allows us to leverage the money that

                 taxpayers are willing to check off on, and all

                 of those colleagues that joined Michael Milken

                 and Senator Bruno today in their seminar.

                            And most importantly, time and time

                 again we hear how important it is to get early

                 diagnosis.  If this bill does nothing else but

                 remind taxpayers every year when they have the

                 opportunity to check off a certain amount of

                 money, when they have that opportunity it will

                 remind them that they should have a checkup.

                 And in getting that checkup, hopefully

                 everything will be fine.  But if not, early

                 diagnosis is always the key.

                            Yes, we want to provide funding for

                 research, hopefully for a cure, for treatment.

                 But at the same time, we want to remind people



                                                        573



                 of the importance of getting an annual

                 checkup.

                            Senator Bruno, thank you for your

                 leadership on this.  And thank you, Mr.

                 President, for the opportunity to speak.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can I recommend that any of my colleagues in

                 the Senate that would like to be on this bill

                 join us on this bill as cosponsors.  And any

                 that would not want their name added, would

                 you please just privately notify the desk.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 We'll follow our usual procedure.  Any Senator

                 not wishing to be on the bill, please notify

                 the desk.

                            Senator Diaz.

                            SENATOR DIAZ:    Thank you, Mr.

                 President.

                            As you know, I am from Puerto Rico.

                 And when we talk about prostate cancer, my

                 father died of prostate cancer.  Two of my

                 brothers have died of prostate cancer.  Right



                                                        574



                 now, at this very moment, another one of my

                 brothers is dying in Puerto Rico of prostate

                 cancer.  So this is an illness that is

                 following my family.  And I don't wish for

                 anyone to go through what my family has gone

                 through and what they are going through right

                 now.

                            So I am here praising Senator Bruno

                 and Mr. Michael Milken.  And I wish, I just

                 wish that we could do the same thing in Puerto

                 Rico to bring the Milken Foundation to Puerto

                 Rico and do the same thing.  This is something

                 that I'm very proud, very honored to know,

                 because I have gone through what people go

                 through with this kind of illness.

                            Senator Bruno, Senator Bruno, one

                 more time, I praise you and I admire you and I

                 thank you for this bill.  This is something

                 that has merit anyplace.  And I'm glad we -- I

                 would be honored to join you on this bill.

                            Thank you very much.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Volker.

                            SENATOR VOLKER:    Mr. President,

                 very quickly, I too want to commend Joe -- or



                                                        575



                 Senator Bruno for this bill.

                            You know, I was just thinking that

                 it was almost exactly this day ten years ago

                 that an elderly doctor called me -- and what

                 had happened is, by the way, so that everybody

                 knows, I knew nothing about the PSA test.  My

                 doctor, who is a close personal friend of

                 mine, said:  "You know, you should really take

                 the PSA test."  Which was developed, by the

                 way, at Roswell Park in Buffalo.  I just want

                 to tell you that it was started there.

                            He took the test, it was a little

                 high.  And anyways, the bottom line is I went

                 to a doctor who was quite a -- a somewhat

                 elderly doctor to be checked.  And around this

                 time ten years ago, the doctor called me on

                 the phone in my Senate office and said,

                 "Senator, I hate to tell you this, but you

                 have cancer."  And, you know, my legs buckled.

                            In fact, when I went to Roswell and

                 told the Roswell people what had happened,

                 they were horrified.  I mean, they said that

                 should never happen.  But it's an example, I

                 think, of some of the things that can happen

                 to you.



                                                        576



                            At the time -- I will tell you one

                 quick little story -- I was thinking about

                 running for attorney general.  I don't want to

                 get into it, but there was a possibility that

                 I might have run for attorney general, and the

                 rest would have been history.  But I obviously

                 decided that was not in the cards.

                            That was '94.  I had the surgery in

                 April.  And as is so often the case, as Joe

                 knows, and many of us that have had cancer,

                 somebody said the death watch started in

                 Buffalo.

                            Well, ten years later -- it will be

                 ten years in April -- still here.  Thank God,

                 I'm still here.  But I have to tell you that I

                 credit my doctor for telling me about the PSA

                 test.

                            And the more I thought about this

                 bill, I happen to think that the fact that

                 it's on the return, probably the most

                 important thing lies in -- and people, when

                 they read their tax returns, I assure you

                 they'll read that.  I know all my friends

                 will.  And it will remind them that there is a

                 fairly simple test that can determine,



                                                        577



                 sometimes, life or death.  Because the earlier

                 you get to it, the better off you can be.  And

                 the more advice you get -- because I must tell

                 you, I have advised hundreds of people, most

                 of the time just advised them where to go and

                 who to talk to.

                            And unfortunately, and I will only

                 say this one very close friend of mine, who

                 was a close friend of many people in this

                 chamber, failed to take my advice and the

                 advice of several doctors -- he'd had many

                 doctors.  And as he was dying, he said to me:

                 "If I had listened to you, I wouldn't be dying

                 today."  Because he was afraid of the surgery.

                 And that was Senator Daly, John Daly, who was

                 my very close personal friend.

                            But the thing you should understand

                 is if he had found it earlier and if -- you

                 know, the situation would have been different.

                 Or could well have been much different.  And

                 unfortunately, John, you know, passed away,

                 although he was considerably older -- he was

                 ten years older than I was.

                            But I only point out to you if I

                 were going to give somebody advice -- and my



                                                        578



                 children, for instance, now that I've had it,

                 they've been already warned that very early

                 they're going to have to take the test.

                 Because if you have a history, you've got to

                 be very careful especially.  However, there

                 was no history in my family.  None at all.

                            And yet it is something that I

                 think -- and, Senator Bruno, probably, you

                 know, there will be many things that you'll be

                 remembered for -- getting the trains running

                 on time, as we call it in the chamber, and all

                 that sort of thing, and for a lot of

                 legislation.  But maybe in the long haul some

                 would argue that, thanks to you and thanks to

                 Mr. Milken, we may be doing something here

                 today that may contribute to more people's

                 lives than anything we've done.

                            ACTING PRESIDENT MARCELLINO:    The

                 Secretary will call the roll on Calendar

                 Number 326.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            SENATOR SKELOS:    Mr. President.



                                                        579



                            ACTING PRESIDENT MARCELLINO:

                 Senator Skelos.

                            SENATOR SKELOS:    There will be an

                 immediate meeting of the Civil Service and

                 Pensions Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT MARCELLINO:

                 There will be an immediate meeting of the

                 Civil Service and Pensions Committee in the

                 Majority Conference Room.

                            SENATOR SKELOS:    Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Skelos.

                            SENATOR SKELOS:    We'll have the

                 noncontroversial reading of the Rules report

                 at this time.

                            ACTING PRESIDENT MARCELLINO:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 322, by Senator Morahan, Senate Print 6201, an

                 act to amend the Election Law, in relation to

                 creating a statewide voter registration list.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MARCELLINO:    Lay



                                                        580



                 the bill aside.

                            THE SECRETARY:    Calendar Number

                 323, by Senator Morahan, Senate Print 6202, an

                 act to amend the State Finance Law, in

                 relation to establishing.

                            SENATOR SABINI:    Lay it aside.

                            ACTING PRESIDENT MARCELLINO:    Lay

                 the bill aside.

                            THE SECRETARY:    Calendar Number

                 324, by Senator Morahan, Senate Print 6204, an

                 act to amend the Election Law, in relation to

                 providing.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MARCELLINO:    Lay

                 the bill aside.

                            THE SECRETARY:    Calendar Number

                 325, by Senator Morahan, Senate Print 6205, an

                 act to amend the Election Law, in relation to

                 verification.

                            SENATOR SABINI:    Lay it aside.

                            ACTING PRESIDENT MARCELLINO:    Lay

                 the bill aside.

                            THE SECRETARY:    Calendar Number

                 327, by Senator Morahan, Senate Print 6207, an



                                                        581



                 act to amend the Election Law, in relation to

                 enacting the Voter Machines Modernization Act

                 of 2004.

                            SENATOR SABINI:    Lay it aside.

                            ACTING PRESIDENT MARCELLINO:    Lay

                 the bill aside.

                            Senator Duane, why do you rise?

                            SENATOR DUANE:    If I may have

                 unanimous consent to be recorded in the

                 negative on Calendar Number 140.

                            ACTING PRESIDENT MARCELLINO:    So

                 ordered.

                            SENATOR DUANE:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 we'll go to the controversial reading of the

                 Rules report now.

                            ACTING PRESIDENT MARCELLINO:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 322, by Senator Morahan, Senate Print 6201, an

                 act to amend the Election Law, in relation to

                 creating a statewide voter registration list.



                                                        582



                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Morahan, an explanation has been

                 requested.

                            SENATOR MORAHAN:    Thank you, Mr.

                 President.

                            This bill would create a voter

                 verification list and a reporting system by

                 requiring the county board of elections to

                 transmit a copy of the county voter list

                 electronically to the State Board of

                 Elections.

                            It would also have the State Board

                 of Elections compile such information from the

                 counties into a statewide voter registration

                 list and maintain the list, which will be the

                 official list of voters in New York.

                            The list will be accessible to each

                 county board of elections.  The State Board of

                 Elections will establish a statewide voter

                 hotline for voters to obtain information

                 regarding their voter registration.

                            The system developed to compile the

                 statewide voter registration list shall be



                                                        583



                 used by the New York State Board of Elections

                 to provide election results information.  And

                 the State Board of Elections will provide

                 security measures to prevent unauthorized

                 access to the list.

                            And of course anyone who knowingly

                 tries to defraud, based on baseless voter

                 registration information to either the State

                 Board or the county board of elections, would

                 be guilty of a Class E felony.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 Through you, Mr. President, if the sponsor

                 would yield for a few questions.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Morahan, do you yield for a few

                 questions?

                            SENATOR MORAHAN:    Yes, I do, Mr.

                 President.

                            ACTING PRESIDENT MARCELLINO:    He

                 yields.

                            SENATOR SCHNEIDERMAN:    I take it

                 that this package of legislation that we're

                 addressing this afternoon is the proposal by



                                                        584



                 the Majority to comply with the Help America

                 Vote Act of 2002; is that correct?

                            SENATOR MORAHAN:    That is

                 correct.

                            SENATOR SCHNEIDERMAN:    And

                 through you, Mr. President --

                            ACTING PRESIDENT MARCELLINO:

                 Senator Morahan, do you continue to yield?

                            SENATOR MORAHAN:    Yes.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            I'm advised that our colleagues in

                 the Assembly have introduced a package of

                 bills in an effort to comply with the Help

                 America Vote Act, or HAVA, as well and are on

                 the floor today passing them.

                            Do any of the bills in our package

                 here in the Senate match up with their

                 counterparts in the Assembly?

                            SENATOR MORAHAN:    I did not see

                 with the bills in the Assembly.  I know

                 they're coming out with a package.  If it's

                 similar to last year, there's a lot of

                 differences that we'll have to negotiate.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Mr. President.



                                                        585



                            ACTING PRESIDENT MARCELLINO:

                 Senator Morahan, do you yield?

                            SENATOR MORAHAN:    Yes.

                            ACTING PRESIDENT MARCELLINO:    He

                 yields.

                            SENATOR SCHNEIDERMAN:    So as of

                 the presentation of these bills to us today,

                 there has not been any discussion or

                 negotiation to see that they're the same as

                 the bills that will pass the Assembly today?

                            SENATOR MORAHAN:    Well, there

                 have been discussions with Assemblyman Wright.

                 I've had hearings with Assemblyman Wright, and

                 we've talked about it.  But we didn't talk

                 that specifically about his bills or these

                 bills.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Through you, Mr. President, the

                 hearing that the sponsor referred to, is that

                 not the hearing that was the subject of a

                 minority report in response to the state

                 implementation plan issued in September 2003

                 by Keith Wright and other Assembly members?

                            SENATOR MORAHAN:    No, it was not.

                 It was in Westchester, at the behest of the



                                                        586



                 League of Women Voters in Westchester County.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            And through you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:    Do

                 you continue to yield, Senator?

                            SENATOR MORAHAN:    Yes.

                            ACTING PRESIDENT MARCELLINO:    He

                 yields.

                            SENATOR SCHNEIDERMAN:    Is the

                 sponsor familiar with the New York State HAVA

                 Implementation Task Force Minority Report

                 issued in September 2003 by Keith Wright and

                 other Assembly members?

                            SENATOR MORAHAN:    Some points of

                 it, yes.  Not in its entirety.

                            SENATOR SCHNEIDERMAN:    And

                 through you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator, do you continue to yield?

                            SENATOR MORAHAN:    Yes.

                            ACTING PRESIDENT MARCELLINO:    He

                 yields.

                            SENATOR SCHNEIDERMAN:    Has there

                 been any negotiation with the Assembly in

                 connection with an effort to implement the



                                                        587



                 criticisms that are identified in the

                 September 2003 minority report?

                            SENATOR MORAHAN:    Not knowing all

                 of the criticism, I can't really answer that

                 fully.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 Through you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Morahan --

                            SENATOR MORAHAN:    Yes.

                            ACTING PRESIDENT MARCELLINO:    He

                 yields.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            We're going to speak about

                 individual bills, and we will be offering some

                 amendments.  But I just want to ask a couple

                 of questions in connection with the package of

                 bills that is the Senate's response to the

                 HAVA requirements.

                            Is there anywhere in this package

                 of bills wherein we provide for greater access

                 for people with disabilities to polling places

                 or voting machines?

                            SENATOR MORAHAN:    Well, the

                 bills, as we unveil them here today, would



                                                        588



                 allow the State Board of Elections to set up

                 criteria along those lines when they start to

                 do the specifications for machines.

                            But one of the bills does provide

                 for an 11-member advisory committee, two of

                 which would be people with disabilities or

                 advocates of disability.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Mr. President, if the sponsor would

                 continue to yield.

                            SENATOR MORAHAN:    Yes.  Yes, I

                 do, Mr. President.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            But in my review of the

                 legislation, I don't actually see any

                 provision anywhere in any of these bills that

                 directs the state, directs the State Board of

                 Elections or in any way provides a requirement

                 of greater access for people with disabilities

                 to polling places or voting machines.

                            Am I missing something?  If so, I

                 would appreciate it if the sponsor could point

                 to me where --

                            SENATOR MORAHAN:    Well, it's not

                 spelled out in specifics, because the issues



                                                        589



                 of the disabled may go far afield.  And I

                 think they should be considered when they draw

                 the specifications of the machines.  For

                 example, for those who are sightless, that may

                 be different than those who are

                 ambulatory-affected or in that regard have a

                 different sort of need.

                            But I believe that the State Board

                 of Elections is very aware of the needs of the

                 disabled.  And that's why in one of our bills

                 we establish an 11-person committee, two of

                 whom would be either an advocate for the

                 disabled or disabled.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Through you, Mr. President, who

                 makes the appointments to that 11-member

                 board?

                            SENATOR MORAHAN:    Two would be by

                 the Majority Leader of this house; two would

                 be by the Speaker of the Assembly.  I believe

                 the Governor would appoint, through the Board

                 of Elections, the remaining members.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:



                                                        590



                 Senator, do you continue to yield?

                            SENATOR MORAHAN:    Yes, I do.

                            SENATOR SCHNEIDERMAN:    I

                 understand the sponsor's answer regarding

                 voting machines.  Is there any direction for

                 the Board of Elections or any task force to

                 address the issue of access to polling places?

                            SENATOR MORAHAN:    No.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Through you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator, do you continue to yield?

                            SENATOR MORAHAN:    Yes, I do.

                            SENATOR SCHNEIDERMAN:    In this

                 package of bills is there anywhere any

                 direction that the state provide greater

                 assistance than it's currently providing to

                 people who have limited ability when it comes

                 to speaking English?

                            SENATOR MORAHAN:    I believe the

                 difficulty there would be to define to what

                 level that inability or that difficulty with

                 language proposes itself.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Mr. President.



                                                        591



                            ACTING PRESIDENT MARCELLINO:

                 Senator, do you continue to yield?

                            SENATOR MORAHAN:    Just one

                 minute.

                            ACTING PRESIDENT MARCELLINO:    I

                 believe the Senator yields.

                            SENATOR SCHNEIDERMAN:    I was

                 wondering when they were going to give you

                 some help.

                            SENATOR MORAHAN:    Do I seem like

                 I need it?

                            SENATOR SCHNEIDERMAN:    No, no.  I

                 do.

                            Then, just to try and save time, if

                 there's anywhere in any of these bills that

                 the Senate Majority attempts to address or

                 direct in any way any additional translation

                 services, training of translators or other

                 assistance or requirements to upgrade the

                 services to voters who have limited English

                 proficiency, I don't see anything.  So I'd

                 appreciate it if the sponsor could point it

                 out to us now.

                            SENATOR MORAHAN:    There's nothing

                 in there to point out, Senator.



                                                        592



                            A lot of this legislation empowers

                 the Board of Elections without the specifics

                 of what it is they are to do and how they're

                 to do it.

                            For example, the disability

                 question you asked a few minutes ago, you

                 know, HAVA insists, the federal legislation

                 insists that the disabled and the needs of

                 people with disabilities are included in the

                 regulations promulgated by the Board of

                 Elections.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  I'd like to thank the sponsor

                 for his answers and speak briefly on the bill.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    What we

                 have here today I think is objectionable on

                 several counts.  I appreciate the sponsor's

                 candor, which is usual for him, although

                 unusual in this Legislature.

                            The fact of the matter is what we

                 have here is something that's been -- a set of

                 bills that are being rushed to the floor with

                 the knowledge that they don't correspond to



                                                        593



                 any of the bills the Assembly is passing, with

                 the knowledge that we really have not had any

                 serious negotiations in an effort to come up

                 with a law instead of a bill.

                            These bills provide an absolute

                 minimum, if that, to meet the requirements of

                 the HAVA legislation.  And I think that the

                 process, which has been under discussion

                 before in this house and which others of my

                 colleagues will address, has been flawed from

                 the beginning.  And this just continues the

                 flawed process.

                            We have to do something because

                 we're required to do so by the federal

                 government.  This set of bills does the bare

                 minimum.  And it's clearly not going to be the

                 final set of bills that are presented to us

                 before the end of the year, because we're

                 forced to actually negotiate by the federal

                 government in this case.

                            I would suggest that this

                 legislation doesn't come close to the Assembly

                 bills, which I frankly think don't go very far

                 in and of themselves.  But there's really no

                 excuse for us putting these on the floor at



                                                        594



                 this point, rushing them through Rules to get

                 them to the floor just so we have something

                 the same day as the Assembly, when they really

                 don't address numerous critical needs and they

                 contain a variety of flaws that I think we can

                 address as we go through individual bills.

                            Today we're going to offer

                 amendments to address several of these points.

                 But the overall problem here is again the

                 illusion that we attempt to give in Albany

                 sometimes that we're taking action when in

                 fact we're not taking action.  We have to deal

                 with the fact that the voting system in this

                 state is severely flawed.  There are thousands

                 of people -- and we all know this -- who are

                 disenfranchised by the current system.  We

                 have an opportunity to address it.  The

                 federal government is offering some funds to

                 address it.  And this package of legislation I

                 respectfully submit does not even begin to

                 address it.

                            So I'm going to vote no on this and

                 on the other bills -- with the exception of

                 the bill that just creates the bank account so

                 we can get the money deposited if we should



                                                        595



                 ever comply with the federal law and the

                 federal government should provide us with that

                 money -- because these don't begin to come up

                 to the plate.  We should expect more, and our

                 constituents expect more.  And I would urge

                 that it's time to start talking with the

                 Assembly and it's time to take a more

                 expansive view of this.

                            Are we truly interested in

                 enfranchising people?  Are we truly interested

                 in making sure that it's as easy as possible

                 for people to vote?  If we are, I respectfully

                 submit that we would not be passing this

                 package of legislation, we'd be passing

                 legislation that in the spirit of the Voting

                 Rights Act seeks to extend the franchise and

                 cut down the barriers.

                            There are many people who are

                 afraid even to go to polling places at this

                 point in time.  And the requirements of the

                 HAVA Act for identification and for electronic

                 voting have the potential, if this is not

                 handled extremely carefully, to discourage

                 votes, to cut down on the number of voters,

                 and really to set back the progress that's



                                                        596



                 been made since the Voting Rights Act was

                 passed in the early 1960s.

                            Given this framework, I don't think

                 we're meeting our responsibility when we just

                 say, well, we're going to throw everything to

                 the Board of Elections without requiring them

                 specifically to address these issues.

                            So I am going to vote no on this

                 bill and the other bills.  We have some

                 specific suggestions.  We're happy to

                 participate in negotiations, should we be

                 invited.  We are -- I note that the Minority

                 Leader of this house does not have an

                 appointment to the proposed 11-member board,

                 so apparently we're not being invited.  But

                 should anyone seek our input, we have a lot of

                 people in our conference with a lot of

                 experience with the Voting Rights Act and with

                 this area of law, and we would be happy to

                 provide it.

                            In the absence of a more serious

                 effort, though, I vote no and I urge everyone

                 to vote no.

                            ACTING PRESIDENT MARCELLINO:    Any

                 other Senators wishing to be heard?



                                                        597



                            Senator Krueger.

                            SENATOR LIZ KRUEGER:    I think

                 Senator Sabini had his hand up.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Sabini.

                            SENATOR SABINI:    Thank you, Mr.

                 President.  I rise on the bill.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Sabini, on the bill.

                            SENATOR SABINI:    I want to

                 address my remarks really to the package of

                 bills regarding the Help America Vote Act and

                 say that while I think the sponsor and

                 committee chair has been trying to move the

                 agenda forward a little bit, these bills don't

                 do the job.  They are, as Senator Schneiderman

                 mentioned, I believe a response to actions of

                 the other house.  And unfortunately, that's

                 the way this town and this State Capitol

                 works.

                            We've known the requirements of

                 HAVA for some time.  We passed some bare-bones

                 legislation in this house last year.  But as

                 usual, like we are with the Campaign for

                 Fiscal Equity decision, we're in a state of



                                                        598



                 denial.  We wait until the last minute, play

                 legislative brinksmanship, and the package

                 that comes out is ultimately flawed because of

                 lack of participation and a rushed product.

                 And that's just not the way to go.

                            I find it ironic that really the

                 sponsor's reference to discussions with the

                 Assembly Majority occurred at a meeting of the

                 Westchester County League of Women Voters --

                 not in a joint committee, not in a conference

                 committee, not even in this building.

                            Some time ago I wrote to the Senate

                 Majority Leader asking that these bills be --

                 or that HAVA implementation be considered by

                 conference committee and maybe even joint

                 committee.  The State Constitution provides

                 our State Board of Elections with being

                 bipartisan.  And all the county board of

                 elections have to have equal numbers of the

                 top two parties in our state; equal numbers,

                 right now, of Democrats and Republicans.

                            And yet the committee that's going

                 to study accessibility doesn't have members of

                 each house of each party.  The Speaker of the

                 Assembly, the Majority Leader of the Senate



                                                        599



                 happen to be from different parties this year,

                 but structurally those are not bipartisan

                 appointments.

                            So yes, this package is a

                 stepping-off point, and there are some good

                 things in this package.  I applaud the fact

                 that we recognize in one of the bills that

                 there should be a paper trail, a verifiable

                 paper trail.  And I applaud the fact that

                 there is at least an attempt to address this.

                 But again, it's the structure of how we do

                 business here that really makes the

                 legislative product ultimately a flawed one.

                            In establishing more commissions,

                 like the Governor did, outside of the State

                 Board of Elections -- one of the provisions of

                 one of these bills establishes another

                 commission -- it's a punt.  There's no

                 specificity in our legislation here about

                 voting machine requirements.  We give that

                 over to other people.  That's again an attempt

                 by us to sort of be in denial and just say,

                 you know, it's not our issue to deal with, the

                 federal government is giving us money, let's

                 have an unelected group of people decide these



                                                        600



                 issues for us.

                            That's not the best way to go.

                 People give us responsibility to be here.  And

                 we should address that responsibility and take

                 it in the spirit it's offered to us by the

                 voters.

                            So I will be offering some

                 amendment later on, as I know others in our

                 conference will.  But while I think it's a

                 first step and I think we had to take a first

                 step, I really think it's an incomplete one, a

                 late one, and the way it is being done, having

                 been apparently introduced Friday evening, is

                 not the best way to have a rational and

                 complete discussion about this.

                            So I will consider the bills on

                 their merits on each one, but I thought it was

                 important to get up and address the package as

                 a whole.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If the sponsor would yield,

                 please.



                                                        601



                            ACTING PRESIDENT MARCELLINO:

                 Senator Morahan, do you yield for a question?

                            SENATOR MORAHAN:    Yes, I do, Mr.

                 President.

                            ACTING PRESIDENT MARCELLINO:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.

                            You have a lot of bills, and I have

                 a lot of questions.  But I will try to target

                 them by bill.

                            On this bill, 6201 that we're

                 addressing, although I share my colleagues'

                 concern about the overall package, this bill

                 allows for the purging of voter registration

                 through failure to respond to a mailing.  And

                 I am very concerned, based on the patterns in

                 several other states of having followed this

                 lead, that we will end up wrongly purging

                 voters from our voter registration system,

                 they will go to vote on Election Day and have

                 no mechanism to clarify and solve the problem

                 of having been purged.

                            So I'm wondering how you plan to

                 avoid some of the mistakes that have been made



                                                        602



                 in other states when they moved into a "we

                 mail you, if you don't respond, we purge your

                 name from our voter records" in this bill.

                            SENATOR MORAHAN:    Well,

                 currently -- I yield, okay.  Through you, Mr.

                 President, currently we do purge.  This is not

                 really a new innovation, as I understand it.

                            We do purging at the local level.

                 They do send out cards from the Board of

                 Elections every once in a while, to purge the

                 list.  Otherwise the list would grow to

                 something, you know, beyond us, like the

                 cabbage that ate Chicago.

                            SENATOR LIZ KRUEGER:    Through

                 you, Mr. President, if the sponsor would

                 continue to yield.

                            ACTING PRESIDENT MARCELLINO:

                 Senator, do you yield?

                            SENATOR MORAHAN:    Yes.

                            ACTING PRESIDENT MARCELLINO:    He

                 yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I'm not sure that is the case in

                 all parts of the state, Senator.  Granted, we

                 have counties, we have cities, we have towns



                                                        603



                 that each run their own board of election.

                 And we know we don't have a consistent policy.

                 And I probably do share your view we ought to

                 have a consistent statewide policy.

                            But speaking for the City of

                 New York, we haven't been purging.  And I'm

                 very concerned that if we were to follow the

                 procedure here, we would result, in the

                 election immediately following that first

                 purge, large numbers of people coming to vote

                 being told they weren't on our voter rolls.

                 And we already have those problems, at least

                 in the City of New York, and an inability to

                 get through the phone system.

                            But that's an answer.  And with the

                 president's permission to ask you a question,

                 this also provides for a Class E felony for

                 the submission of false or aid in the

                 submission of false voter registration

                 information.

                            I'm not familiar with our having

                 felony charges up until now about assisting

                 people with applying to vote or registering to

                 vote.  How do you perceive of this translating

                 into -- I mean, how will this work?  We're



                                                        604



                 going to actually charge people with felonies

                 if they assist you in registering to vote and

                 then discover something was wrong?

                            SENATOR MORAHAN:    Well, of course

                 every case would be on its merits.  There

                 would be, you know, somebody to look over the

                 facts and the circumstances to decide whether

                 they would pursue any criminal charges.  It

                 doesn't say without fail that it would be.

                 District attorneys have much latitude under

                 the law.

                            But, you know, people can cast

                 provisional ballots.  That will continue.

                 People will, as they do today, do affidavits.

                 I recognize that in some cases that may be a

                 more difficult process.  And it is a difficult

                 process; we're not changing that.

                            But, you know, as far as purging

                 goes, I think we have to continue to purge.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, on the bill.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            There are some good things in this



                                                        605



                 bill.  Again, it's not a same-as bill with the

                 Assembly, but it does address some of the

                 requirements of HAVA to go to a statewide

                 voter registration system, to have one

                 electronic system accessible to all of the

                 Board of Elections, to be able to cross-match

                 between different locales.

                            But I will be voting against this

                 bill, and I urge my colleagues to,

                 specifically because particularly when you're

                 going to one statewide system, having been in

                 a state where we've had counties, towns,

                 villages, cities having their own board of

                 elections, I think the last thing we want to

                 do in implementing a statewide system is to do

                 some kind of massive purge that will result in

                 potentially thousands or tens of thousands of

                 voters, at the first election after this took

                 place, going to vote only to learn that

                 somehow they weren't in the system.

                            I would much rather err on the side

                 of keeping people on who don't show up rather

                 than mass purging, through a mail-in computer

                 system, resulting in potentially huge numbers

                 of New Yorkers not being able to vote.



                                                        606



                            I'm also very concerned about our

                 jumping to a felony E conviction.  While of

                 course none of us would support knowingly or

                 intentionally assisting people to register to

                 vote illegally, I fear that this will send the

                 message to large numbers of not-for-profit and

                 community groups and good government groups

                 who spend their lives and their work trying to

                 encourage people to register to vote and to

                 vote, and that this will discourage people and

                 discourage new voters from wanting to

                 participate in our system for fear that they

                 might open themselves up for some kind of

                 criminal charges, or, if they're an

                 organization such as a not-for-profit who

                 might run voter registration drives, that they

                 will be in fear for their status and their

                 workers if they participate in voter

                 registration drives.

                            So again, while there are good

                 parts of this bill, because of those two

                 points I cannot support this bill.  And I hope

                 my other colleagues will join me in voting no.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:



                                                        607



                 Senator Connor.

                            SENATOR CONNOR:    Still?

                            Thank you, Mr. President.  I said

                 "still" because I learned the first week of

                 session my microphone didn't work, and I guess

                 it still doesn't work.

                            I certainly appreciate Senator

                 Morahan's efforts in trying to bring forth

                 HAVA legislation.  But I certainly think it's

                 just the wrong way to go about it.  I think

                 this should be worked out.  Interested parties

                 should be heard from in some sort of joint

                 process with the Assembly.

                            I have to believe we all have or

                 should have the same goals here.  The last big

                 effort to overhaul the method of voting was a

                 commission, a temporary state commission set

                 up in 1985 and '86, which was a bipartisan

                 effort.  Indeed, some of the things that are

                 being amended here were legislation prompted

                 by that commission.

                            At the time I was on the

                 commission, then Assemblyman Silver -- he was

                 a number of years away from being Speaker --

                 was a cochair, along with the late, great



                                                        608



                 Senator Gene Levy.  And there were members

                 appointed by the Executive on it.

                            One of the things that I'm glad

                 we're articulating -- I think I've mentioned

                 this before -- at the time the whole idea was

                 to come up with a new technology.  And most of

                 the witnesses we heard from were trying to

                 sell New York punch-card systems.  And as a

                 result of a lot of questioning at a public

                 hearing, we recommended that punch cards not

                 be used, but grandfathered in those three or

                 four counties that were using them for

                 absentee ballots.

                            So I know -- getting ahead of

                 myself, it's a later bill -- I think we're

                 going to end that.  I actually was involved

                 representing someone in a recount in

                 Westchester County just this past November

                 where the deck of cards was put through three

                 times and got three different results.  And

                 it's just not the way to go.

                            In terms of a statewide voter

                 registration list, I think that's a good idea.

                 But I think we have to think a little bit more

                 and be a little more detailed in how it would



                                                        609



                 work.  I am concerned that one of the

                 results -- and I know the boards have

                 attempted to adjust for this -- that came out

                 of the NVRA, the Motor Voter law, was the fact

                 that people were being removed from the rolls

                 because a mail address change was being filed.

                            And under that federal legislation,

                 it said, gee, whenever anybody goes to the

                 post office and files a change of address, the

                 local board of elections shall be notified and

                 shall automatically transfer that person --

                 Florida, wherever it is.

                            It sounded great, except what it

                 meant is when your kid went to college in

                 Florida and forwarded his mail, the whole

                 family got transferred to Florida, even though

                 you still had three members living in Queens.

                 Or when mom and pop retired to Florida, the

                 kids' voter registrations got transferred as

                 well.

                            So if we're going to do this -- and

                 I have to tell you, in some parts of -- in my

                 familiarity with New York City, it's really

                 gummed up the works.  You get people coming

                 and insisting no, they never lived in North



                                                        610



                 Carolina, they've been here all along, why

                 can't I vote.

                            So unless we very thoughtfully

                 address, when we set up a statewide list --

                 because a statewide list, being the official

                 list, is more and more remote from where those

                 people live and where they are voters.  We

                 have to give some thought to how this meshes

                 with automatic revisions like that.

                            And by the way, this is not a

                 criticism of Senator Morahan or the Majority.

                 Anybody need be criticized.  And the same

                 applies with respect to HAVA.  And I'm not

                 saying that Florida didn't say we had to do

                 something as a nation.

                            But the fact of the matter is, of

                 all of our governing legislative bodies, in my

                 experience the Congress is the most removed,

                 believe it or not, from the mechanics of

                 voting, from the nitty-gritty of how elections

                 work.  Thankfully, they do raise enough money

                 that they usually can afford to hire good

                 election lawyers.  But they don't do it

                 themselves, the way a lot of local

                 officials -- those of us who have been either



                                                        611



                 state legislators or local elected officials

                 have had to kind of roll up our sleeves over

                 the years and do it ourself.

                            So I am concerned that we haven't

                 fleshed this out enough, how this state voter

                 file is going to work and how it's going to

                 interact with some of the other provisions the

                 county boards still have to enforce.

                 Including making those transfers according to

                 that national mail, whatever it is, address

                 list, to how they are required to make

                 adjustments from -- to the voter rolls based

                 on anyone contacting the board.  They have to

                 make after-the-fact adjustments under Motor

                 Voter for provisional ballots that indicate a

                 new address.

                            And I don't know -- and secondly,

                 you know, let's get real here.  I've counted

                 votes in some county boards of elections that

                 were very, very small, they had but two

                 part-time employees as their entire staff.

                 And to just say, well, they're going to have

                 this electronic system and they're going to

                 handle this, just might not be very realistic.

                            So I just don't think enough



                                                        612



                 thought and preparation has gone into this.  I

                 think discussions to come up with the same

                 bill between the two houses might facilitate

                 fleshing out some of those details.

                            With all due respect to my

                 colleague Senator Krueger, I'm not too worried

                 about the felony provisions, since it says

                 "knowingly."  Although, frankly, if you look

                 at the Election Law, with respect to some

                 provisions we've used even a more stringent

                 standard.  That's "willfully."  And I think

                 that's even a tougher legal standard.  And I

                 would suggest that we may want to consider

                 about people, you know, willingly or willfully

                 filing false things maybe should be a felony.

                            I'm not sure -- you know, people do

                 all sorts of things in elections that aren't

                 legal, aren't proper, but they don't mean to

                 be criminals.  How many times I've heard

                 people say, "Oh, yeah, I forgot to change my

                 registration, so I went back to my old address

                 and voted."  He only voted once, though.  Yes,

                 it's not a legal vote.  But I assure you,

                 there are people all over this state who do

                 that quite innocently.  They don't appreciate



                                                        613



                 the legal legalities of voting.

                            And occasionally -- why are they

                 wrong?  They may just be voting for the wrong

                 Assembly candidate.  But they don't look at --

                 I've got news for my colleagues.  Probably not

                 news.  State Senator, Assembly, that's not

                 what gets most people to vote.  They look at,

                 like, I voted once, for President.  I voted

                 once, for U.S. Senator.  That's why they're

                 voting.  So they don't think they're doing

                 anything wrong when they do that.

                            Yes, they are technically not

                 complying with the law.  I don't think -- and

                 believe me, you know, if you can eliminate

                 their ballot -- and I've certainly done it --

                 from that election, you do it, depending on

                 where in the process you are.  But I don't

                 think those people ought to go to jail.  Maybe

                 they ought to get a letter explaining to them

                 that you can't do that.  Particularly no need

                 to do that now.  Under NVRA, they can do a

                 provisional ballot and it counts at their new

                 address.  But they don't know that yet.

                            And that says something else.  We

                 probably don't do enough to educate voters.



                                                        614



                 Now, boards of elections give out a lot of

                 information to people who are there, who come

                 to the board of elections, who know where it

                 is.  You can get any information you want

                 there.  I'm talking about the people who don't

                 even know there is a board of elections.

                 Certainly don't know where it is.  They mailed

                 in a form sometime.

                            As long as I've got into it, going

                 into the rest of the package here, it's great

                 that the bill that deals with voting machines

                 requires a paper audit trail verifiable by the

                 voter.  And I want everybody to understand

                 what that means.  Because I've read editorials

                 about it -- the New York Times just had a

                 couple -- demanding that we do this.  And I

                 agree.  I am one who has stood up time and

                 time again and said, We can't just let some

                 computer tell us who won the election.  And

                 when it's really close, it's really important

                 to count every vote.

                            And a number of our colleagues here

                 today and in the past have won by razor-thin

                 margins after weeks long of counting votes.

                 And the press never likes that.  They write



                                                        615



                 stories, oh, why is it taking them six weeks

                 or whatever.  They certainly didn't like the

                 Florida situation.

                            The fact of the matter is that

                 elections, when they are close, always take a

                 long time to count accurately.  And when

                 everybody gets all upset in one of these

                 recounts about faults in the system, why it

                 wasn't a perfect election, people will say,

                 Why, suddenly, when it's only a 10-vote margin

                 did this, that, or the other thing happen?

                 Did these votes get in there that shouldn't

                 have?

                            Well, the reality is there is no

                 such thing as a flawless election.  It's just

                 that when someone wins by 6 or 7 percentage

                 points, nobody goes back and checks.  Except

                 the folks at the Board of Elections, and

                 nobody pays attention to the fact that they

                 actually do recount everything and correct

                 some mistakes.

                            But I want to point out something

                 else, because I've seen it in the press, I've

                 seen it in letters to the editor, and I've

                 seen it in some editorials:  confusion between



                                                        616



                 what it means to have a verifiable paper audit

                 trail and giving voters an ATM receipt.

                 Because I have seen newspaper stories and

                 editorials that interpret that to mean the

                 voter leaves the voting booth with a paper

                 receipt that they can verify.

                            Well, there's two things wrong with

                 that.  One, what are they going to do, come

                 back eight weeks later, do a recount and say

                 this was my vote?  That's not reliable.  So

                 that doesn't help the authenticity of the

                 process.

                            But, two, we have laws that forbid

                 materials and ballots from being taken from a

                 polling place, for the simple reason that it

                 avoids vote buying.  And believe me, giving an

                 ATM-like receipt to every voter showing how

                 they voted is an old-fashioned ward heeler

                 with twenty dollar bills in his pocket gift.

                 Bring me your receipt, show me you voted for

                 my guy, and you get the twenty bucks.

                            So we can't allow that.  So this

                 bill correctly defines what is meant by a

                 verifiable paper audit trail.

                            With respect to the bill that most



                                                        617



                 concerns me and I am going to vote no on,

                 Senator Morahan, Mr. President, is the

                 provision for identification numbers and so

                 on.  You know, a Social Security number is a

                 nine-digit number.  You are asking voters to

                 supply, along with their name and address,

                 four of those digits.

                            Now, I haven't done this kind of

                 math in years.  I'm sure my 16-year-old could

                 do it.  But you've probably made it only

                 25 percent of the task for someone to run

                 combinations of numbers and figure out your

                 Social Security number when you eliminate

                 those four numbers.

                            But I'll go you one further, Mr.

                 President -- Madam President, I'm sorry.

                 Madam President.  It's verifiable.

                            I have a couple of credit cards,

                 and right on the credit card it says dial

                 1-800 whatever, and you can get all the

                 account information.  And when I dial it, they

                 ask me to do one thing.  They say punch in the

                 account number.  Well, if I lost the credit

                 card, that's easy.  They got my name and the

                 credit card there.



                                                        618



                            And with respect to two of them

                 that come to mind, what form of

                 identification, what further form do they ask

                 over the phone before they give out all the

                 account information, or allow transfers, or

                 allow computer transfers?  Because you can do

                 that.  They say mother's maiden name.  Well,

                 you know, that's wonderful.  Once upon a time

                 most people couldn't guess at what that is.

                 Read the Red Book.  I think my mother's maiden

                 name is in my bio.  Read "Who's Who in

                 American Politics," I know it's in there.

                            I'll bet I can find out -- give me

                 all day tomorrow, I can come up with the

                 mother's maiden name for virtually every

                 member here.  We're all in Internet bios, and

                 they have mother's name, father's name.  And

                 for younger folks where women haven't adopted,

                 necessarily, their husband's last name, it's

                 real easy to find out your mother's maiden

                 name.  You can find out my kids' mother's

                 maiden name because my wife professionally and

                 every other way uses the name she was given at

                 birth.  So that's not big secret information.

                            Ah, but they have a check on that.



                                                        619



                 The other thing they always ask for is the

                 last four digits of my Social Security number.

                 So with my mother's maiden name and the last

                 four digits of my Social Security number, you

                 can now access bank, credit cards, all sorts

                 of stuff, make transactions, transfer money,

                 charge things.

                            So I don't know where we came up

                 with this.  But I'm telling you, those -- has

                 anybody else experienced it?  They always say

                 punch in your last four digits of your Social

                 Security number.

                            So we're now going to create a

                 statewide voter file -- that's of course a

                 public information, where you can look up

                 people, get their name, address, last four

                 digits of their Social Security number -- hey,

                 all you need is their mother's maiden name.

                 Look it up.  Certainly for public officials,

                 easy to look up.  For most people it's easy to

                 look up.  For people you know.  If you know

                 their cousin, you know what their mother's

                 name was.  I mean, there's a million ways --

                 that's not such high-security information.

                            So I'm going to vote against that



                                                        620



                 provision just for that and that alone.  I

                 think we just go too far here in taking

                 personal information from people.  We want

                 them to have a voter number?  Give them a

                 voter number.  But for us to come up with a

                 piece of information, even part of someone's

                 Social Security number -- and it's always

                 those last four digits they ask for.  And I

                 just think that's just ill-advised.

                            Nobody's thought that out.  But it

                 certainly occurred to me.  And those of you

                 who may have a credit card number with a 1-800

                 number on it and you've never tried it, try

                 it, and that's what they'll ask you for, your

                 mother's maiden name -- or sometimes, when

                 you're on a dial phone, they just want the

                 last four digits of your Social Security

                 number.  They don't even want your mother's

                 maiden name.

                            So we're now proposing to have

                 people who register to vote to provide that

                 information to the county board, that gives it

                 to the State Board, that anybody can go in and

                 look at it.  I think that's just very, very

                 foolish.  And I'm not sure if that's an item



                                                        621



                 that HAVA called for or that we just thought

                 up.  Either way, it's just, in my mind -- we

                 have all these bills that come out about

                 identity theft and how are we going to prevent

                 it and what are we going to do about it.  And

                 here we are making it like easy as pie for

                 anybody to steal identities.

                            The other thing is this whole idea

                 of providing identification.  It just baffles

                 me.  And I know Congress passed it.  I

                 remember during that debate Senator Schumer

                 opposed the requirement of people showing ID.

                 Then the New York Times opined that it was a

                 good idea to require people to show ID.  And

                 then it wound up in the bill.

                            We fought in the early '70s to stop

                 the practice of demanding people show ID when

                 they vote because it was being used

                 selectively to harass voters.  The kinds of

                 information -- okay, somebody doesn't have a

                 driver's license, they don't have the

                 quintessential -- they don't have the driver's

                 license.  So the bill dealing with this

                 provides, well, they can come up with these

                 following other items.



                                                        622



                            One of them -- you know, I'm

                 reminded -- I think I've told this story

                 before -- in the 1998 statewide recount and

                 contest for attorney general, where I was

                 privileged to be counsel for the then

                 candidate, now the great attorney general of

                 the State of New York, one of the things his

                 opponent said is he walked in the court with a

                 printout from some nationwide organization and

                 said, "We have here 120,000 people who voted

                 in the election who don't exist."

                            Why didn't they exist?  Well, they

                 said they can't exist.  TRW has no record of

                 them.  That means they don't have a credit

                 card, they don't have a utility bill in their

                 name, they don't have a car loan in their

                 name, they don't have a mortgage in their

                 name, they don't have a bank account in their

                 name.  They're all in New York City.  And this

                 is how the election supposedly was stolen.

                            One of the newspapers, I believe it

                 was the New York Times, you know, how are you

                 going to answer that?  Well, they randomly

                 picked 600 of those names and checked and

                 found all of those people where they said they



                                                        623



                 lived.  But life in a large urban area is such

                 that, first of all, people often don't have

                 the utility in their name.  It's in their

                 husband's name, their partner's name, their

                 other relative's name who has a last name.  So

                 to say bring in a utility bill -- I can assure

                 you, my wife, being the good spouse that she

                 is, doesn't have any utility bills in her

                 name.  They're all in my name.  She couldn't

                 show a utility bill showing that she lives

                 there.  That's very common.

                            And not to get into another topic,

                 but folks who make the minimum wage in

                 New York City don't rush with that paltry,

                 puny paycheck to a bank to put it in a

                 checking account so they can be charged a

                 service charge because they don't maintain a

                 $1,000 minimum balance or a $500 minimum

                 balance.  And they don't pay 10 or 15 cents a

                 check.

                            You know, when you bring home such

                 a paltry sum that you can barely feed your

                 children with, you know what you do?  You go

                 to a check cashier, you cash it, you pay the

                 50-cent charge, and you get cash.  And you pay



                                                        624



                 your utility bill in cash, and you try, you

                 try and live on it till you get the next puny

                 little check for your minimum wage work.

                            But you exist, and you have a right

                 to vote.  Indeed, I would encourage anybody in

                 that situation, make sure you vote.  Don't

                 exist?  So you don't have any of this

                 information.  You don't have a utility bill in

                 your name, you don't have a lease in your

                 name.  It's in your partner's name.  That's

                 just very, very common.

                            I know folks who live in other

                 parts of the state where the population isn't

                 as mobile, people don't move every couple of

                 years, people own homes instead of rent,

                 instead of crash.  I mean, look, so you crash

                 at a friend's apartment.  That's where you

                 live; you live nowhere else.  You have a right

                 to vote there.

                            And I don't know how we reconcile

                 this bill with federal case law in New York

                 State that says homeless people have a

                 constitutional right to vote.  What kind of ID

                 that fits into this bill would an unemployed

                 homeless person have?



                                                        625



                            We have federal law that says they

                 have a right to vote and they have a right to

                 give that park bench as the place they live.

                 The only thing they have to do is provide the

                 Board of Elections with a mailing address, the

                 mailing address not being the same as the

                 place where they live.  Homeless people never

                 have the kinds of -- the limited, the limited

                 types of identification that are contained in

                 this bill in order to facilitate the

                 registration of people who don't have a

                 driver's license.

                            So, Madam President, I suggest that

                 there's some good things in these bills, but

                 that particular bill is woefully inadequate

                 because it does not address the real situation

                 that -- I was going to say tens of thousands,

                 but that Mr. Vacco's lawyers in that case told

                 us there were 120,000 of them in New York

                 City.  And it turned out they all were

                 legitimate voters.  They simply didn't have a

                 bank account, they didn't have a utility bill,

                 they didn't have a driver's license, they

                 didn't have a credit card.  Because that's the

                 way people live.  And that's the way people



                                                        626



                 live in large parts of the city.  That's why

                 the State of New York has, what is it, 38

                 licensed check-cashers or 48 licensed

                 check-cashers.

                            I brought that up before that

                 judge, who was a great, great judge -- he

                 happens to be from Albany County -- and he

                 said, "What's a check-casher?"

                            You know, that's why they exist.

                 People don't use the all-American standard

                 financial institutions when they live at the

                 bottom or minimum wage in a place like

                 New York City.

                            So this bill leaves out too many

                 New Yorkers.  Too many New Yorkers just won't

                 make it, won't be able to register to vote

                 because they just don't have this kind of

                 documentation and they don't have any way to

                 get it.  They have other forms of

                 documentation, which I think you'll hear about

                 when my colleagues present their amendments.

                            But I'm voting against this bill

                 for the reasons I've said.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.



                                                        627



                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 322 are

                 Senators Andrews, Breslin, Connor, Dilan,

                 Duane, Hassell-Thompson, L. Krueger, Onorato,

                 Parker, Paterson, Sabini, Schneiderman, A.

                 Smith, Stachowski, and Stavisky.  Ayes, 45.

                 Nays, 15.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 323, by Senator Morahan, Senate Print 6202, an

                 act to amend the State Finance Law, in

                 relation to establishing the Help America Vote

                 Act implementation fund.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the



                                                        628



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 324, by Senator Morahan, Senate Print 6204, an

                 act to amend the Election Law, in relation to

                 providing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan, an explanation has been requested.

                            SENATOR MORAHAN:    Yes, Madam

                 President.

                            Required by HAVA, the

                 administrative complaint procedure would be

                 used by any person for reporting to the

                 New York State Board of Elections voting

                 violations that have occurred or are

                 occurring.

                            ACTING PRESIDENT McGEE:    Senator



                                                        629



                 Schneiderman, why do you rise?

                            SENATOR SCHNEIDERMAN:    Thank you.

                 One quick question, Madam President, if the

                 sponsor would yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan, will you yield for one quick

                 question?

                            SENATOR MORAHAN:    Yes, I do.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Madam President, if the sponsor could let

                 us know what could possibly constitute a

                 filing or a false complaint that would

                 constitute a Class E felony.  How would that

                 be distinguished from a mistake?

                            SENATOR MORAHAN:    What do you

                 mean, from the state?  Can you repeat that

                 question?

                            SENATOR SCHNEIDERMAN:    The

                 question is, this makes filing a false or

                 baseless complaint a Class E felony.  And I

                 would like to understand what the difference

                 is between a mistake and a false or baseless

                 complaint.



                                                        630



                            SENATOR MORAHAN:    I think the

                 difference would be in the eyes of the

                 district attorney who would receive the

                 complaint from the Board of Elections.  If

                 they feel that there is some knowing and some

                 willful activity, that then they would measure

                 that complaint, like any other complaint

                 that's -- if you bring it to the police

                 station and they feel, you know, after they do

                 the investigation, the DA doesn't prosecute,

                 that's the way it goes.

                            But I think I would leave that to

                 the folks who are charged under the criminal

                 administration of the Penal Law.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  Briefly on the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    I think

                 this is objectionable for some of the reasons

                 that have been discussed earlier.  I also do

                 think that the only standard that's in here

                 now for the Class E felony is a knowing



                                                        631



                 standard.  And I would respectfully suggest

                 that that's not enough of a definition for

                 making a felony out of something that could

                 very, very easily have been a mistake and does

                 not provide the guidance that the criminal

                 justice system requires.

                            I'm going to vote no, and I

                 encourage everyone else to vote no.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 324 are

                 Senators Andrews, Breslin, Connor, Duane,

                 Hassell-Thompson, L. Krueger, Parker,

                 Paterson, Schneiderman, and A. Smith.  Ayes,

                 50.  Nays, 10.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number



                                                        632



                 325, by Senator Morahan, Senate Print 6205, an

                 act to amend the Election Law, in relation to

                 verification of voter registration

                 information.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Madam

                 President, in lieu of an explanation, since I

                 think many of the issues in this particular

                 bill have been sufficiently ventilated

                 earlier, I believe there's an amendment at the

                 desk and I would like to have it read and be

                 heard on the amendment.  Or I can waive its

                 reading and be heard on the amendment.

                            ACTING PRESIDENT McGEE:    The

                 reading is waived, and you may be heard,

                 Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    On the

                 amendment?

                            ACTING PRESIDENT McGEE:    On the

                 amendment.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.

                            This bill provides for the

                 verification of voter information and requires



                                                        633



                 voter identification before people can vote.

                 In addition to the other issues that were

                 raised, including the Social Security number

                 issue, which Senator Connor raised -- and I

                 actually had to talk to one of my credit card

                 companies this week, and they asked precisely

                 those two questions -- this bill provides what

                 I think is an extraordinarily vague and very,

                 very limited set of forms of identification

                 that a voter could provide.

                            It states that the voter has to

                 provide a current and valid photo

                 identification with no explanation of what

                 that is, or present a current utility bill,

                 bank statement, government check, paycheck, or

                 other government document that shows the name

                 and address.

                            The Assembly bill that is being

                 passed today includes a far broader range of

                 possible forms of identification, including

                 EBT cards, public housing, lease and rent

                 statements, tuition bills and statements from

                 colleges and universities, copies of

                 correspondence, insurance cards issued

                 pursuant to government-administered or



                                                        634



                 subsidized health insurance programs.

                            And I respectfully suggest that

                 this vague and limited list really could

                 easily be amended to include a far broader

                 range of forms of identification and to define

                 what a valid photo identification is.  That's

                 what this amendment does.  I would urge

                 everyone to vote for the amendment.

                            ACTING PRESIDENT McGEE:    Those

                 Senators in agreement with the amendment

                 please signify by raising your hand.

                            THE SECRETARY:    Those recorded in

                 agreement are Senators Andrews, Breslin,

                 Connor, Duane, Hassell-Thompson, L. Krueger,

                 Lachman, Onorato, Oppenheimer, Parker,

                 Paterson, Sabini, Sampson, Schneiderman, A.

                 Smith, Stachowski, and Stavisky.

                            ACTING PRESIDENT McGEE:    The

                 amendment is lost.

                            On the bill, read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect January 1, 2005.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        635



                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 325 are

                 Senators Andrews, Breslin, Connor, Duane,

                 Hassell-Thompson, L. Krueger, Onorato, Parker,

                 Paterson, Sabini, Sampson, Schneiderman, A.

                 Smith, Stachowski, and Stavisky.  Ayes, 45.

                 Nays, 15.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 327, by Senator Morahan, Senate Print 6207, an

                 act to amend the Election Law, in relation to

                 enacting the Voting Machines Modernization Act

                 of 2004.

                            ACTING PRESIDENT McGEE:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                 I believe I have an amendment at the desk,

                 which I'd like to waive reading on.

                            ACTING PRESIDENT McGEE:    Reading

                 is waived.

                            SENATOR LIZ KRUEGER:    And I'd

                 like to speak on the amendment.  Thank you,

                 Madam President.



                                                        636



                            ACTING PRESIDENT McGEE:    Senator

                 Krueger, on the amendment.

                            SENATOR LIZ KRUEGER:    Senator

                 Morahan, this is one of your larger bills

                 today, and it goes into the issues of voting

                 machines and the requirements for voting

                 machines.  And my amendment specifically deals

                 with some of the issues that I think are

                 absent in this bill for voting machines that I

                 think are critical, particularly for

                 addressing concerns for people with

                 disabilities.

                            This bill does not direct our local

                 boards of elections to require that voting

                 machines meet certain standards for people

                 with disabilities that I think clearly ought

                 to be in this legislation and are in fact in

                 the Assembly legislation.

                            Specifically, what is absent in

                 this bill, and I would hope that would be in

                 final legislation passed between the two

                 houses when these bills are conferenced, is

                 not just a requirement within the ADA that all

                 polling places shall be accessible people with

                 disabilities, but that also the machines that



                                                        637



                 we choose -- because in fact this bill

                 primarily addresses requirements for new

                 voting machines -- that the State Board of

                 Elections should approve and provide at each

                 polling site machines that meet different

                 standards for people with disabilities,

                 including being equipped with handheld voting

                 devices; with tactile discernible controls

                 designed to meet the needs of voters with

                 limited reach and limited hand dexterity; be

                 equipped with audio stimulus voting features

                 that communicate the complete content of the

                 ballot in a human voice and multiple

                 languages, which permits a voter who is blind

                 or visually impaired to cast a secret ballot;

                 used at the option of a voter, voice-only or

                 tactile discernible controls; includes sip and

                 switch voting options; provides standards for

                 the voting machines to be accessible by

                 wheelchair; and a series of other proposals

                 that would help us meet the standards of the

                 Americans With Disabilities Act and the

                 standards of election law as defined in the

                 human rights law for our country.

                            We can lay this out in this bill.



                                                        638



                 The Assembly has done so on their own.  So I

                 am urging that we follow the guidelines of the

                 Assembly, put the same requirements in this

                 bill here today so that we are closer to

                 same-as legislation in the two houses that

                 will make sure that tens of thousands of

                 disabled New Yorkers who for decades really

                 have not had access to equal rights to vote in

                 privacy and confidentiality will have those

                 same rights as the rest of us when we go

                 forward with new machines.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Those

                 Senators in agreement with the amendment

                 please signify by raising your hand.

                            THE SECRETARY:    Those recorded in

                 agreement are Senators Andrews, Breslin,

                 Connor, Duane, Hassell-Thompson, L. Krueger,

                 Lachman, Onorato, Oppenheimer, Parker,

                 Paterson, Sabini, Sampson, Schneiderman, A.

                 Smith, Stachowski, and Stavisky.

                            ACTING PRESIDENT McGEE:    The

                 amendment is lost.

                            On the bill, read the last section.

                            Senator Sabini.



                                                        639



                            SENATOR SABINI:    Madam President,

                 I believe I have another amendment at the

                 desk.

                            ACTING PRESIDENT McGEE:    You wish

                 to speak on the amendment?

                            SENATOR SABINI:    I'll waive

                 reading of the amendment and briefly speak on

                 the amendment.

                            ACTING PRESIDENT McGEE:    Senator

                 Sabini, on the amendment.

                            SENATOR SABINI:    Madam President,

                 this amendment would direct the State Board of

                 Elections to work with local boards of

                 elections, the people that know their

                 communities the best, to identify additional

                 language groups beyond those identified in the

                 Voting Rights Act and to require those boards

                 to provide language assistance and written

                 materials in the identified languages to all

                 such voters and assistance at the polling

                 place.

                            While implementing HAVA is not a

                 race, it is kind of sad that we are, as of

                 now, 40th across the finish line and maybe

                 pushing for 50.  And some of those state



                                                        640



                 legislatures that are trying to comply with

                 HAVA don't meet annually but biennially.

                 We're here a lot more than a lot of other

                 legislatures are, yet we've been very slow to

                 the dance here.

                            New York should provide some

                 leadership on this issue.  We're a very unique

                 state in terms of how many ethnicities come to

                 our shores.  Many, many, many, many of us are

                 children of immigrants, or our parents are

                 children of immigrants, and that continues.

                 It's part of the American dream.  And yet our

                 voters come to our shores, become citizens,

                 and when they're asked to participate, now we

                 have a rather limited number of languages in

                 which they can participate in.

                            And while English is a requirement,

                 limited requirement for citizenship, many of

                 the people who vote in places like Queens

                 County, where I represent, English is not

                 their first language, and the complexities of

                 conducting an election may be beyond their

                 English proficiency.

                            So this amendment would require the

                 State Board to come up with languages in



                                                        641



                 counties where they're prevalent by a certain

                 number of people and ask that those local

                 boards file with the state to make those

                 language-assistance translators and written

                 materials available to those voters who need

                 them.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Those

                 Senators in agreement with the amendment

                 please signify by -- I'm sorry.

                            SENATOR STAVISKY:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Stavisky.

                            SENATOR STAVISKY:    I just want to

                 commend Senator Sabini for his amendment.  As

                 somebody who represents 100,000 Asians, I

                 think this is very necessary.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Those

                 Senators in agreement with the amendment

                 please signify by raising your hand.

                            THE SECRETARY:    Those recorded in

                 agreement are Senators Andrews, Breslin,

                 Connor, Duane, Hassell-Thompson, L. Krueger,



                                                        642



                 Lachman, Onorato, Oppenheimer, Parker,

                 Paterson, Sabini, Sampson, Schneiderman, A.

                 Smith, Stachowski, and Stavisky.

                            ACTING PRESIDENT McGEE:    The

                 amendment is lost.

                            On the bill, read the last section.

                            Oh, Senator Krueger.  I'm so sorry.

                            SENATOR LIZ KRUEGER:    Madam

                 President, briefly on the bill, please.

                            ACTING PRESIDENT McGEE:    Senator

                 Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            We had a series of amendments, and

                 so clearly we had some recommendations for

                 your bill, Senator.  But I will tell you that

                 I will be voting against your bill today,

                 because while it addresses some of the issues

                 we need to address, it's not enough.

                            It's not enough because this state,

                 as Senator Sabini just pointed out, is late in

                 moving forward as we need to on a full package

                 of legislation on HAVA.  And what this bill

                 does in not putting enough specifications in

                 about what these machines that we're going to

                 be purchasing are, it leaves us open to too



                                                        643



                 many dangers, in my opinion.

                            While I am very pleased to see that

                 since last year your bill's moved forward with

                 voter-verified paper audit trails, since that

                 time the research has also been enormous on

                 how many errors are being made by machines

                 throughout the country, how easy it seems to

                 be able to hack into the various systems for

                 anyone who's got a year or two at one of the

                 top technology universities in this country,

                 and how serious the risks and the dangers are.

                            So I am very concerned that in this

                 bill we are leaving it to counties and to

                 cities to make decisions on different machines

                 throughout perhaps the entire state.  While in

                 your bill the state would recommend machines

                 and specs for machines, it leaves us open to

                 having a mismatch of -- or a mix and match of

                 different machines with different standards

                 and different abilities to accurately count

                 the vote throughout the state.

                            I do believe that HAVA calls for us

                 to have a standardized system for machines

                 statewide, for voter education statewide, as

                 well as the voter registration that we talked



                                                        644



                 about earlier.  And I don't believe that this

                 bill goes far enough and has enough meat in

                 it, so to speak, enough requirements on the

                 types of things we ought to be having in every

                 single county for every election.

                            We talked about, in our amendments,

                 access for the disabled.  We talked about

                 access for people who read other than English.

                 We didn't get into enough details about the

                 specs around what the protections for those

                 machines are.

                            Several newspapers here in our own

                 state have highlighted stories about how

                 people can easily break into these machines

                 physically and through electronic machines.  I

                 went to a demonstration myself in New York

                 City last week of the different machines being

                 marketed to the State of New York.  I am not a

                 computer nerd or technically expert person.  I

                 could find mistakes or risks or problems in

                 each of them.  Even the concept that many of

                 these machines were physically light enough

                 that you could walk out with them, and walk

                 out the door with the voting results from that

                 ED.



                                                        645



                            We need to do better before we go

                 forward.  And I'm also concerned, although I

                 don't hold us here in the Legislature

                 responsible, we're supposed to be moving

                 forward with HAVA on a speedy timeline, when

                 the Bush administration has cut funding this

                 year for HAVA from $800 million to

                 $40 million.  So even the question of what

                 funds we'll have available for all these new

                 mandates on ourselves is an unknown question

                 for us right now.

                            I fear that like the "No Child Left

                 Behind" Act of the federal government, without

                 the funds to ensure the education our children

                 need, that HAVA may end up being our "Every

                 Voter Left Behind Act," absent the federal

                 funds.

                            And yet we have to go forward.

                 This little bill is inadequate for us to do

                 so.  So I'm urging my colleagues to vote no on

                 this legislation.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Yes, Madam



                                                        646



                 President.  I'm going to take the liberty to

                 speak to the bill and the other bills in this

                 afternoon's package.

                            In October of '02, the HAVA bill

                 came out of Congress and became law, with

                 timelines that would mandate that we would be

                 in a reasonable position to enact HAVA by

                 November of '04.  Obviously, we are not

                 anywhere near that and we have been fortunate

                 enough to file and receive a waiver to '06.

                            And the purpose of these bills

                 today is really to start the engine going for

                 what we will do as a state.  These are bills

                 that cover many of the concerns of HAVA in the

                 broad sense.  We understand that.  We

                 understand, too, that we did not take a

                 position on some of the specifications of the

                 machines themselves, for the very good reason

                 that you're bringing out on the floor.  We

                 don't know a whole lot about all these

                 machines, we don't know all that's available,

                 we don't know about the hackability of these

                 machines.

                            But we do know there are certain

                 things we want.  We want them to have a paper



                                                        647



                 trail, an audit trail.  We want to have all

                 boards of elections to do audits on the

                 machines.  We have left, by design, a lot of

                 the regulation and specifications to those who

                 are going to work with this on a very

                 day-to-day basis, the Board of Elections who

                 are in charge constitutionally, or by law, to

                 execute and to fulfill the requirements of our

                 elections.

                            Now, some of the advice that came

                 out today is good advice.  Some of the advice,

                 if we get into designing the machine on the

                 floor here, I would wonder what that machine

                 really would look like at the end of the day.

                 Okay?

                            (Laughter.)

                            SENATOR MORAHAN:    So some of this

                 is left to the experts.  There's plenty of

                 time for review.

                            Yes, the Assembly has come out with

                 a package of bills.  Yes, we've come out with

                 a package of bills.  No, they're not the same;

                 we recognize that.  But now hopefully we will

                 get into the business, the serious business of

                 negotiating bills.



                                                        648



                            These are the Senate Majority

                 bills.  This is how we feel about it at this

                 time.  And I thank everyone for their courtesy

                 and for listening to the bills.  I think the

                 debate was enlightening, and we'll move

                 forward from here.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 9.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 327 are

                 Senators Andrews, Breslin, Connor, Duane,

                 Hassell-Thompson, L. Krueger, Onorato, Parker,

                 Paterson, Sabini, Sampson, Schneiderman, A.

                 Smith, Stachowski, Stavisky, and Wright.

                 Ayes, 44.  Nays, 16.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Please recognize



                                                        649



                 Senator Smith.

                            ACTING PRESIDENT McGEE:    Senator

                 A. Smith.

                            SENATOR ADA SMITH:    Thank you,

                 Madam President.  I request unanimous consent

                 to be recorded in the negative on Calendar

                 Number 140, Senate Bill Number 554.

                            ACTING PRESIDENT McGEE:    Without

                 objection.

                            SENATOR ADA SMITH:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos.

                            SENATOR SKELOS:    If we can return

                 to reports of standing committees, I believe

                 there's a report of the Civil Service and

                 Pensions Committee at the desk.  I ask that it

                 be read at this time.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Robach,

                 from the Committee on Civil Service and

                 Pensions, reports:

                            Senate Print 1844A, by Senator

                 Velella, an act to amend the Retirement and

                 Social Security Law;



                                                        650



                            2070A, by Senator Maltese, an act

                 to amend the Administrative Code of the City

                 of New York;

                            2124B, by Senator Skelos, an act to

                 amend the Retirement and Social Security Law;

                            2268A, by Senator Bonacic, an act

                 to amend the Retirement and Social Security

                 Law;

                            3251A, by Senator Maziarz, an act

                 to amend the Retirement and Social Security

                 Law;

                            3299A, by Senator Marchi, an act to

                 amend the General Municipal Law;

                            3300A, by Senator Marchi, an act to

                 amend the General Municipal Law;

                            3376A, by Senator Marchi, an act to

                 amend the Retirement and Social Security Law;

                            4101A, by Senator Robach, an act to

                 amend the Civil Service Law;

                            And Senate Print 4258A, by Senator

                 Padavan, an act to amend the Retirement and

                 Social Security Law.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT McGEE:    Without



                                                        651



                 objection, all bills reported direct to third

                 reading.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 is there any housekeeping at the desk?

                            ACTING PRESIDENT McGEE:    No,

                 there is not.

                            SENATOR SKELOS:    There being no

                 further business to come before the Senate, I

                 move we stand adjourned until Tuesday,

                 February 24th, at 12:15 p.m.

                            ACTING PRESIDENT McGEE:    On

                 motion, the Senate stands adjourned until

                 Tuesday, February 24th, at 12:15 p.m.

                            (Whereupon, at 5:52 p.m., the

                 Senate adjourned.)