Regular Session - June 9, 2004

    

 
                                                        3320



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                               June 9, 2004

                                11:03 a.m.





                              REGULAR SESSION







            LT. GOVERNOR MARY O. DONOHUE, President

            STEVEN M. BOGGESS, Secretary















                                                        3321



                           P R O C E E D I N G S

                            ACTING PRESIDENT MEIER:    The

                 Senate will come to order.

                            I ask everyone present to please

                 rise and join me in the Pledge of Allegiance

                 to the Flag.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            ACTING PRESIDENT MEIER:    In the

                 absence of clergy, may we each please bow our

                 heads in a moment of silence.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            ACTING PRESIDENT MEIER:    Reading

                 of the Journal.

                            THE SECRETARY:    In Senate,

                 Tuesday, June 8, the Senate met pursuant to

                 adjournment.  The Journal of Monday, June 7,

                 was read and approved.  On motion, Senate

                 adjourned.

                            ACTING PRESIDENT MEIER:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.



                                                        3322



                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Thank you,

                 Mr. President.

                            Amendments are offered to the

                 following Third Reading Calendar bills:

                            Sponsored by Senator Volker, page

                 number 11, Calendar Number 289, Senate Print

                 Number 2326C;

                            By Senator Bonacic, page number 29,

                 Calendar Number 777, Senate Print Number

                 6645A;

                            By myself, page number 32, Calendar

                 Number 833, Senate Print Number 6962A;

                            By Senator Rath, page number 65,

                 Calendar Number 1358, Senate Print 7013;

                            By Senator Bruno, page number 73,

                 Calendar Number 1476, Senate Print Number

                 6747.

                            I now move that these bills retain



                                                        3323



                 their place on the order of third reading.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted, and the

                 bills will retain their place on the order of

                 third reading.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 are there any substitutions at the desk?

                            ACTING PRESIDENT MEIER:    Yes,

                 there are.

                            SENATOR SKELOS:    If we could make

                 them at this time.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the substitutions.

                            THE SECRETARY:    On page 17,

                 Senator Padavan moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 3686

                 and substitute it for the identical Senate

                 Bill Number 4121, Third Reading Calendar 442.

                            On page 75, Senator DeFrancisco

                 moves to discharge, from the Committee on

                 Rules, Assembly Bill Number 10800 and

                 substitute it for the identical Senate Bill

                 Number 7209, Third Reading Calendar 1494.

                            On page 75, Senator Leibell moves



                                                        3324



                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 11080A and substitute it

                 for the identical Senate Bill Number 7297A,

                 Third Reading Calendar 1496.

                            And on page 76, Senator Larkin

                 moves to discharge, from the Committee on

                 Rules, Assembly Bill Number 11349 and

                 substitute it for the identical Senate Bill

                 Number 7368, Third Reading Calendar 1502.

                            ACTING PRESIDENT MEIER:

                 Substitutions ordered.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there's a resolution at the desk, 5402, by

                 Senator Bonacic.  Could we please have it read

                 in its entirety and move for its immediate

                 adoption.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Resolution 5402.

                            THE SECRETARY:    By Senator

                 Bonacic, Legislative Resolution Number 5402,

                 commending the Valedictorians, Salutatorians,

                 and Honored Students of the 42nd Senate

                 District, in recognition of their outstanding

                 accomplishments, at a celebration to be held



                                                        3325



                 at the State Capitol on June 9, 2004.

                            "WHEREAS, It is the sense of this

                 Legislative Body to act in accord with its

                 longstanding traditions, to honor the youth of

                 today -- the leaders of tomorrow -- whose

                 character and achievements exemplify the

                 ideals and values cherished by this great

                 state and nation; and

                            "WHEREAS, This Legislative Body is

                 justly proud to recognize and commend the high

                 achievements of these dedicated students in

                 the 42nd Senate District on the occasion of a

                 special celebratory visit to the State Capitol

                 in Albany, New York, on Wednesday, June 9,

                 2004.  At this time the Valedictorians,

                 Salutatorians and Honored Students who have

                 been selected by their school leadership for

                 outstanding community service will receive

                 special recognition from the Senate in the

                 Senate chamber.  Lunch will be served in the

                 Well of the Legislative Office Building,

                 followed by a tour of the State Capitol; and

                            "WHEREAS, These Valedictorians,

                 Salutatorians, and Honored Students represent

                 the best of developed potential inherent in



                                                        3326



                 our most precious resource, our youth.  These

                 achievements have brought enduring honor to

                 their families and communities and should be

                 recognized and saluted; and

                            "WHEREAS, The Valedictorians who

                 are being commended today for their

                 outstanding academic performances and

                 exemplary achievements include:  Sarah

                 Sidorowicz, Erin Bailey, Chelsea Frisbee,

                 Christopher Odell, Jene Shafer, David

                 Albanese, Jennifer Matthews, Sarah Halprin,

                 Benjamin Lennon, Krista Brown, Megan Foscaldi,

                 Gauray Gulati, Erin M. Simpson, Jennifer

                 Taggart, Rebecca Eignor, Shilpa Agarwal, Laura

                 Falconieri, Brian Brandes, Charlene E.

                 Carroll, Lisa E. Manz, Ashley M. Morse, Jason

                 W. Richmond, William Hurley, Natalie Martin,

                 Otto Burger, Emily Wolford, Susanne Bowers,

                 Alison Hinkley, Jesse Louis-Rosenberg, Stephen

                 Pysnik, Jack Cooperman, Max Tannone, Carrara

                 Tait, Ashley Relyea, John Theadore, Heather

                 Iatauro, Angela Lee and Matthew John George;

                 and

                            "WHEREAS, The Salutatorians who are

                 being commended today for their outstanding



                                                        3327



                 academic performances and exemplary

                 achievements include:  Carissa Fairbairn,

                 Lisa Staiber, Anup Krishna Gangavalli, Crystal

                 Trask, Allison Lake, Rebecca Haber, Nathan

                 Nero, Katherine Orlowski, Virginia

                 Perry-Unger, Jessica Montrose, Andrew Maxwell,

                 Morgan Hardy, Krista Bressler, Lindsay Fisk,

                 Paige Miller, Caitlin Clancy, Jill Balzano,

                 Kenneth M. Johnson, Alison Bender, Ashley

                 Hunt, Evan Sangaline, Brenden Hendrickson,

                 Carly Finch, Holly Meredith, William McLean,

                 John Paczkowski, Chalya Tait, Amanda Krom,

                 Amber Saylor, Kaleigh Battle and Michelle

                 Elaine DuMond; and

                            "WHEREAS, The Honored Students who

                 are being commended today who have been

                 selected by their school leadership for

                 outstanding school or community service

                 include:  Amanda Galunas, Megan Andrews,

                 Shiloe Mokay, Richard Watts, Mark York, Gail

                 Crossman, Shanna Curlin, Melissa Hoos, Laura

                 Gluckman, Kimberly Noonan, Hannah Bessell,

                 Molly Carboy, Tonya Stokes, Shannon Bowers,

                 Hemang Mistry, Erica Farrell, Jereme Bivins

                 and Craig DeCicco; and



                                                        3328



                            "WHEREAS, These Valedictorians,

                 Salutatorians, and Honored Students may now

                 stand with pride as they assess their

                 achievements, experience the satisfaction of

                 their labors and the joy of their

                 accomplishments, eager to face the new

                 experiences of a challenging world; now,

                 therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to commend the

                 Valedictorians, Salutatorians and Honored

                 Students of the 42nd Senate District, in

                 recognition of their outstanding

                 accomplishments, at a celebration to be held

                 at the State Capitol on June 9, 2004; and be

                 it further

                            "RESOLVED, That copies of this

                 resolution, suitably engrossed, be transmitted

                 to the aforementioned Valedictorians,

                 Salutatorians, and Honored Students."

                            ACTING PRESIDENT MEIER:    Senator

                 Bonacic.

                            SENATOR BONACIC:    Thank you, Mr.

                 President.

                            Tom, you did a good job on all the



                                                        3329



                 names, I want you to know.

                            I feel like a proud dad today, but

                 I'm a proud Senator.  I'd like to welcome all

                 of the valedictorians, the salutatorians and

                 the community award winners from 31 school

                 districts.  There's 87 honored guests today,

                 and their proud parents and friends and

                 relatives.

                            This is our fifth time that we have

                 done this.  We've had a brief seminar this

                 morning for the honored guests we're honoring

                 today.  We're going to treat them to pizza and

                 soda.  They're seeing the Senate chambers in

                 action.

                            But the thing that I'd like to

                 impress for all of our colleagues is most of

                 the time we have athletes in these chambers,

                 and we honor our athletes for their successes

                 in winning championships.  But in my humble

                 opinion, the people that are in these chambers

                 today are the athletes of the mind, the best

                 and the brightest, the future leaders of

                 America.

                            And I would say to you that when

                 you finish college, we want you to think about



                                                        3330



                 coming to this great state that offers

                 wonderful opportunities in health care, in

                 education, in nanotechnology and business.

                 Raise your families here, live, work and play

                 here.  It's one of the best states, if not the

                 best state, in the United States.

                            I'm honored to have you, and have a

                 wonderful day.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    Yes, I'd

                 like to rise and echo what Senator Bonacic

                 said.

                            And he truly is proud of all of

                 you.  We've talked about this as late as last

                 evening, how excited he was that all of you

                 were going to be here to be honored for your

                 great achievements.

                            And we do honor athletes, we do

                 honor other individuals for various things

                 throughout the year.  But I'll bet the

                 valedictorians and salutatorians are also

                 leaders in other areas.  I bet you we have

                 athletes here.  I'll bet you we also have



                                                        3331



                 great musicians and people who excel in other

                 areas.  Because usually the ones who are the

                 busiest and working the hardest academically

                 have many, many other interests and time for

                 those interests as well.

                            And the other reason we're all

                 proud on this floor of all of you, because the

                 only people that have ever been valedictorians

                 or salutatorians are in the gallery.  And we

                 understand how impressive it is and how hard

                 you had to work to get to where you were and

                 where you are.

                            Congratulations.

                            ACTING PRESIDENT MEIER:    The

                 question is on the resolution.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    I'm

                 sorry, Senator Skelos.

                            SENATOR SKELOS:    Mr. President, I

                 would like to point out to Senator DeFrancisco

                 and to our guests that Senator Bonacic is a



                                                        3332



                 great athlete.

                            (Laughter.)

                            SENATOR SKELOS:    But he was also

                 valedictorian of his class.  So we do have a

                 valedictorian on the floor who's also a great

                 athlete.

                            ACTING PRESIDENT MEIER:    The

                 question, then, is on the resolution.  All

                 those in favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 resolution is adopted.

                            (Applause.)

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos.

                            SENATOR SKELOS:    Thank you, Mr.

                 President.

                            There's another resolution at the

                 desk by Senator Bonacic, 5478.  If we could

                 have the title read and move for its immediate

                 adoption.

                            ACTING PRESIDENT MEIER:    The



                                                        3333



                 Secretary will read.

                            THE SECRETARY:    By Senator

                 Bonacic, Legislative Resolution Number 5478,

                 commemorating the 60th Anniversary of the

                 Police Benevolent Association of the New York

                 State Troopers, Inc.

                            ACTING PRESIDENT MEIER:    The

                 question is on the resolution.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 resolution is adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there's a resolution, 5394, by Senator

                 DeFrancisco at the desk.  If we could have the

                 title read and move for its immediate

                 adoption.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    By Senator

                 DeFrancisco, Legislative Resolution Number



                                                        3334



                 5394, commemorating the 100th Anniversary of

                 the New York State Association of Fire Chiefs,

                 to be celebrated June 9 through 12, 2004.

                            ACTING PRESIDENT MEIER:    The

                 question is on the resolution.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 resolution is adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there's Resolution 5488 at the desk by Senator

                 Larkin.  Could we have the title read and move

                 for its immediate adoption.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    By Senator

                 Larkin, Legislative Resolution Number 5488,

                 honoring Ada Bell upon the occasion of her

                 retirement after 35 years of distinguished

                 service to the Newburgh School District.

                            ACTING PRESIDENT MEIER:    The



                                                        3335



                 question is on the resolution.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 resolution is adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could go to the noncontroversial reading

                 of the calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will conduct the noncontroversial

                 reading of the calendar.

                            THE SECRETARY:    Calendar Number

                 33, by Senator DeFrancisco, Senate Print 2993,

                 an act to amend the Navigation Law, in

                 relation to the operation of a vessel

                 recklessly.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the



                                                        3336



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 42.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 34, by Senator Alesi, Senate Print 46B, an act

                 to amend the Penal Law, in relation to

                 establishing the offense of unlawful failure.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 55, by Senator Leibell, Senate Print 4816, an

                 act to amend the Transportation Corporations

                 Law, in relation to capacity plans.

                            ACTING PRESIDENT MEIER:    Read the



                                                        3337



                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 89, by Senator Maltese, Senate Print 87A, an

                 act to amend the Real Property Tax Law, in

                 relation to the optional school tax exemption.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect June 1, 2005.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 90, by Senator Balboni, Senate Print 3939A, an



                                                        3338



                 act to amend the General Business Law, in

                 relation to requiring.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 95, by Member of the Assembly Sanders,

                 Assembly Print Number 1892A, an act to

                 amend --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 192, by Member of the Assembly M. Cohen,

                 Assembly Print Number 608, an act to amend the

                 Vehicle and Traffic Law, in relation to

                 allowing.



                                                        3339



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 197, by Senator Marcellino, Senate Print 5901,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to permitted use.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        3340



                 304, by Senator LaValle, Senate Print 749, an

                 act to amend the Tax Law, in relation to

                 providing an exemption.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect on the first day of a

                 sales tax quarterly period.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 307, by Member of the Assembly Brodsky,

                 Assembly Print Number 617C, an act to amend

                 the Public Lands Law, in relation to making

                 surplus.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.



                                                        3341



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 450, by Senator Robach, Senate Print 2764A, an

                 act to amend the Executive Law and the Social

                 Services Law, in relation to authorizing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 452, by Senator Rath, Senate Print 5291A, an

                 act to amend the Family Court Act and the

                 Executive Law, in relation to orders of

                 protection.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.



                                                        3342



                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 468, by Senator Larkin, Senate Print 953B, an

                 act to amend the Education Law, in relation to

                 health education regarding alcohol, drugs and

                 tobacco.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of July.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 542, by Senator Leibell, Senate Print 4373B,



                                                        3343



                 an act to make certain parents, widows and

                 children of certain firefighters dying at the

                 World Trade Center on September 11th eligible.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            SENATOR SKELOS:    Lay it aside for

                 the day, please.

                            ACTING PRESIDENT MEIER:    Withdraw

                 the roll call.

                            Lay the bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 559, by Senator Marchi, Senate Print 6161, an

                 act to amend the Public Authorities Law, in

                 relation to requiring the Triborough Bridge

                 and Tunnel Authority.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT MEIER:    Call the



                                                        3344



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 591, by Senator Rath, Senate Print 4984, an

                 act to amend the Social Services Law, in

                 relation to evidence in termination.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 718, by Senator Leibell, Senate Print 4331, an

                 act to amend the New York State Urban

                 Development Corporation Act, in relation to

                 working capital assistance.

                            ACTING PRESIDENT MEIER:    Read the



                                                        3345



                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 726, by Senator Volker, Senate Print 1891A, an

                 act to amend the Penal Law, in relation to

                 establishing the crimes of assaulting a child

                 in the first and second degree.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.



                                                        3346



                            THE SECRETARY:    Calendar Number

                 730, by Senator Balboni, Senate Print 2498B,

                 an act to amend the Penal Law, in relation to

                 establishing a new crime of unlawfully dealing

                 with a child in the first degree.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.  Nays,

                 1.  Senator Hassell-Thompson recorded in the

                 negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 733, by Senator Rath, Senate Print 3845A, an

                 act to amend the Penal Law, in relation to

                 establishing the crimes of attempting to lure

                 or entice a child.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.



                                                        3347



                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 770, by Senator Rath, Senate Print 6743, an

                 act to amend the Social Services Law, in

                 relation to considering a child's

                 relationships.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.



                                                        3348



                            THE SECRETARY:    Calendar Number

                 783, by Senator Alesi, Senate Print 947, an

                 act to amend the Correction Law, in relation

                 to work-release programs.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 811, by Senator Seward, Senate Print 6076, an

                 act to amend the Insurance Law, in relation to

                 personal lines insurance.

                            ACTING PRESIDENT MEIER:    Senator

                 Maltese.

                            SENATOR MALTESE:    Lay it aside

                 for the day, please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.



                                                        3349



                            THE SECRETARY:    Calendar Number

                 849, by Senator Saland, Senate Print 1914, an

                 act to amend the Criminal Procedure Law, in

                 relation to expanding the offenses concerning.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first of the

                 calendar month next succeeding.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 850, by Senator Saland, Senate Print 1915, an

                 act to amend the Criminal Procedure Law, in

                 relation to authorizing child witnesses.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.



                                                        3350



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 853, by Senator Golden, Senate Print 3974A, an

                 act to amend the Penal Law, in relation to

                 establishing the crime of criminal neglect.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 856, by Senator Volker, Senate Print --

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.



                                                        3351



                            THE SECRETARY:    Calendar Number

                 867, by Senator LaValle, Senate Print 6219A,

                 an act to amend the Navigation Law, in

                 relation to requiring.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 30th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.  Nays,

                 1.  Senator Wright recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 885, by Senator Larkin, Senate Print 6505, an

                 act to amend the Environmental Conservation

                 Law, in relation to promoting the

                 distribution.

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number



                                                        3352



                 895, by Senator Golden, Senate Print 6516A, an

                 act to amend the General Municipal Law, in

                 relation to allowing police officers.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 941, by Member of the Assembly Nolan, Assembly

                 Print Number 9598, an act to amend the

                 Executive Law, in relation to providing for

                 annual adjustments.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.



                                                        3353



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 953, by Senator Volker, Senate Print 6146, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to issuance of distinctive plates.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 988, by Senator Trunzo, Senate Print 937, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to speeding.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This



                                                        3354



                 act shall take effect on the 180th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 990, by Senator Farley, Senate Print 1658B, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to authorizing distinctive license

                 plates.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1028, by Senator Rath, Senate Print 6642, an



                                                        3355



                 act to amend the Social Services Law and the

                 Penal Law, in relation to the provision of

                 child daycare.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR RATH:    Lay it aside for

                 the day, please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 1029, by Senator Rath, Senate Print 6713, an

                 act to amend the Family Court Act and the

                 Social Services Law, in relation to court

                 review.

                            ACTING PRESIDENT MEIER:    Senator

                 Maltese.

                            SENATOR MALTESE:    Lay this bill

                 aside, Mr. President, for the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            SENATOR MALTESE:    Could you call

                 up Calendar Number 1028 again, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar Number 1028.

                            THE SECRETARY:    Calendar Number



                                                        3356



                 1028, by Senator Rath, Senate Print 6642, an

                 act to amend the Social Services Law and the

                 Penal Law, in relation to the provision of

                 child daycare services.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1045, by Senator Morahan, Senate Print 6461B,

                 an act to authorize the First Timothy

                 Christian Church to file an application.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        3357



                            THE SECRETARY:    Ayes, 46.  Nays,

                 1.  Senator Bonacic recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1054, by Senator Farley, Senate Print 2180A,

                 an act to amend the Banking Law, in relation

                 to including mortgage bankers.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1079, by Member of the Assembly McLaughlin,

                 Assembly Print Number 7137B, an act to amend

                 the General Business Law, in relation to

                 immigrant assistance services.

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.



                                                        3358



                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1094, by Senator DeFrancisco, Senate Print

                 6990, an act to amend the Estates, Powers and

                 Trusts Law, in relation to an order for the

                 purposes of conducting.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1116, by Senator Trunzo, Senate Print --

                            SENATOR TRUNZO:    Lay it aside for

                 the day, please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number



                                                        3359



                 1130, by Senator Rath, Senate Print 6629A, an

                 act to amend the Penal Law, in relation to

                 endangering the welfare of a child.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1133, by Senator DeFrancisco, Senate Print

                 7028A, an act to amend the Civil Practice Law

                 and Rules, in relation to the admissibility of

                 graphic, numerical, symbolic or pictorial

                 representations.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT MEIER:    Call the



                                                        3360



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1135, by Senator Flanagan, Senate Print 7162,

                 an act to amend the Penal Law and the

                 Correction Law, in relation to endangering the

                 welfare of a child.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1194, by Senator Spano, Senate Print 6230, an

                 act to amend the Public Health Law, in

                 relation to establishing.

                            ACTING PRESIDENT MEIER:    Read the



                                                        3361



                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1244, by Senator Farley, Senate Print 4385, an

                 act to amend the Public Authorities Law, in

                 relation to authorizing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1255, by Senator Kuhl, Senate Print 7298, an



                                                        3362



                 act to amend the Vehicle and Traffic Law, in

                 relation to the use of restored registration

                 plates.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1266, by Senator Larkin, Senate Print 2602A,

                 an act to amend the Retirement and Social

                 Security Law, in relation to retirement

                 eligibility.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        3363



                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1268, by the Assembly Committee on Rules,

                 Assembly Print Number 8099, an act to amend

                 the Civil Service Law, in relation to

                 independent hearing officers.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of March.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1272, by Senator Robach, Senate Print 3201A,

                 an act to amend the Retirement and Social

                 Security Law, in relation to creditable

                 service.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.



                                                        3364



                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1285, by Senator Maltese, Senate Print 6223,

                 an act to amend the Administrative Code of the

                 City of New York and the Retirement and Social

                 Security Law, in relation to including.

                            ACTING PRESIDENT MEIER:    There is

                 a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 11.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        3365



                 1287, by Senator Robach, Senate Print 6368A,

                 an act to amend the Civil Service Law, in

                 relation to the reassignment.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1299, by Senator Mendez, Senate Print 7291, an

                 act to amend the Administrative Code of the

                 City of New York and the Education Law, in

                 relation to retired members.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        3366



                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1307, by Senator Rath, Senate Print 7265, an

                 act to amend the Social Services Law, in

                 relation to providing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1321, by Member of the Assembly DiNapoli,

                 Assembly Print Number 10052, an act to --

                            SENATOR MALTESE:    Lay that aside

                 for the day, please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number



                                                        3367



                 1325, by Senator Johnson, Senate Print 7216,

                 an act to amend the Environmental Conservation

                 Law, in relation to marine commercial

                 licenses.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 10.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1326, by Senator Johnson, Senate Print 7217,

                 an act to amend the Environmental Conservation

                 Law, in relation to catch and release fishing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        3368



                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1327, by Senator Marcellino, Senate Print

                 7241, an act to amend the Environmental

                 Conservation Law, in relation to the authority

                 of the Department of Environmental

                 Conservation.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect October 1, 2004.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1331, by Member of the Assembly Canestrari,

                 Assembly Print Number 6256B, an act in

                 relation to permitting the Albany Port

                 District Commission.

                            ACTING PRESIDENT MEIER:    Read the



                                                        3369



                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.  Nays,

                 1.  Senator Bonacic recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1456, by Senator Balboni, Senate Print 7315,

                 an act to amend the Patriot Plan, in relation

                 to extending the applicability.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 49.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number



                                                        3370



                 1457, by Senator Golden, Senate Print 7319, an

                 act to amend the Executive Law, in relation to

                 requiring information.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 49.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1470, by the Assembly Committee on Rules,

                 Assembly Print Number 8952A, an act to

                 authorizing the Commissioner of General

                 Services to sell and convey.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)



                                                        3371



                            THE SECRETARY:    Ayes, 50.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Bonacic.

                            SENATOR BONACIC:    On an unrelated

                 matter, now that my students have left the

                 chambers, I was never a valedictorian.  One

                 member misspoke.

                            And I wanted to make sure the

                 record -- I was a good student, a good

                 athlete, but not a valedictorian.

                            (Laughter.)

                            ACTING PRESIDENT MEIER:    Before I

                 rule Senator Bonacic out of order, would

                 anyone else like to make a confession?

                            (Laughter.)

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan, that completes the noncontroversial

                 reading of the calendar.

                            Senator Duane, why do you rise?

                            SENATOR DUANE:    Thank you, Mr.

                 President.  If I may have unanimous consent to

                 be recorded in the negative on Calendar Number

                 559.

                            ACTING PRESIDENT MEIER:    Without



                                                        3372



                 objection, Senator Duane will be recorded in

                 the negative on Calendar 559.

                            SENATOR DUANE:    And had I been a

                 valedictorian, I would not have missed that

                 one.

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan.

                            SENATOR MORAHAN:    Thank you, Mr.

                 President.  Can we now have the controversial

                 reading of the calendar, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will conduct the controversial

                 reading of the calendar.

                            THE SECRETARY:    Calendar Number

                 95, by Member of the Assembly Sanders,

                 Assembly Print Number 1892A, an act to amend

                 the Education Law, in relation to attendance.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  Very briefly on the bill.

                            This piece of legislation seeks to

                 amend the Education Law to allow all school

                 districts the power to require that students

                 attend school at least until the end of the



                                                        3373



                 school year in which they turn 17.

                            Current law only allows all the

                 school districts in the state to require that

                 students attend until the end of the school

                 year in which they turn 16.  And this is a

                 bill in recognition of the fact that there are

                 needs, sometimes, for students to remain in

                 school longer.

                            But as we head towards the end of

                 session and we head towards a budget which we

                 will pass someday, we are going to be engaged

                 in an ongoing basis in the discussion -- and

                 we had one of them on Monday -- on issues

                 related to the Campaign for Fiscal Equity

                 case.

                            And in regard to students staying

                 in school longer than we would like, perhaps,

                 or taking extra time to graduate, I would just

                 like to point out to all of my colleagues

                 another finding of the court in the CFE case.

                 Only 50 percent of the students in New York

                 City high schools graduate in four years.

                 Fifty percent.  And 30 percent of them do not

                 graduate by the age of 21.

                            Once again, evidence that we have a



                                                        3374



                 systemic failure in the City of New York far

                 beyond anything that exists anywhere else in

                 the state.  And that we all want good schools

                 in all communities for all of our students.

                            But I bring this to your attention,

                 once again, as we move forward, as Senator

                 Kuhl has with this bill to enable school

                 districts to address problems.  We have to

                 provide the reforms and the resources to

                 enable the City of New York to end a system in

                 which only 50 percent of our students graduate

                 in four years.

                            I am voting yes for this bill, Mr.

                 President.  And I hope that we will address

                 all of these issues before the session is out.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I'm going

                 to vote yes for this bill, but I just want to

                 make clear that maybe in the negotiations

                 there could be some discussion about this

                 issue that it just talks about school

                 districts having the ability to require

                 students to continue education until age 17.



                                                        3375



                            I would hope that there would be

                 some standard added to the bill, because if a

                 person's able to finish school early, there's

                 nothing in this bill that wouldn't cause --

                 there's something in the bill that might cause

                 confusion as to whether that student can get

                 out early because they've already completed

                 the grade work, the classwork.

                            The intent is clear, I think, that

                 it's for people who don't have the high school

                 education while they're -- while they're age

                 16 and they're let to go out of school and

                 they never graduate, and then they're at an

                 academic disadvantage or at a disadvantage the

                 rest of their lives.

                            But there should be a clarification

                 that if you've completed your studies, that

                 discretion of the school district to keep you

                 on until you're 17 should not be allowed.

                            I vote yes.

                            ACTING PRESIDENT MEIER:    Senator

                 Gonzalez.

                            SENATOR GONZALEZ:    Yes, Mr.

                 President.

                            As Senator Schneiderman has stated



                                                        3376



                 with the statistics, I think that part of the

                 statistics that the kids don't graduate -- but

                 I expect the kids to graduate from the Raul

                 Julia Middle School up in the Bronx who are

                 here today.  And those statistics will not be

                 set forth because they are working hard so

                 that they can graduate and with their parents

                 be proud and I will be proud of them.

                            So those statistics, we're working

                 hard not to have that happen, and I vote yes

                 on this.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of July.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.  Nays,

                 2.  Senators LaValle and Wright recorded in

                 the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Morahan.

                            SENATOR MORAHAN:    Yes, thank you,



                                                        3377



                 Mr. President.  Would you please recognize

                 Senator Saland.

                            ACTING PRESIDENT MEIER:    Senator

                 Saland.

                            SENATOR SALAND:    Mr. President, I

                 request unanimous consent to be recorded in

                 the negative on Calendar 867, Senate 6219A.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Saland will be recorded in

                 the negative on Calendar 867.

                            Senator Morahan.

                            SENATOR MORAHAN:    Thank you, Mr.

                 President.  If you'll continue in regular

                 order of the controversial calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read in regular

                 order.

                            THE SECRETARY:    Calendar Number

                 856, by Senator Volker, Senate Print 5563A, an

                 act to enact the Criminal Procedure Law Reform

                 Act of 2004.

                            SENATOR HASSELL-THOMPSON:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, Senator Hassell-Thompson has requested



                                                        3378



                 an explanation of --

                            SENATOR VOLKER:    Yes, she's

                 tough.  She is tough, I'll tell you.

                            Mr. President, this bill has been

                 around for a few years.  It -- you'll notice

                 it was amended.  It was amended to go from the

                 Criminal Procedure Law Reform Act of 2003 to

                 the Criminal Procedure Law Reform Act of 2004.

                            So that explains the amendment.

                 There isn't any major change in the last few

                 years.

                            This is a bill that deals with, I

                 happen to believe, if you're not a defense

                 attorney, a lot of common-sense changes in the

                 law where the New York Court of Appeals --

                 that has begun developing a reputation for

                 decisions that are out of line with most of

                 the rest of the country, frankly, in defense,

                 in many cases, of violent criminals.

                            And I say that with some

                 trepidation, because I realize, and I did

                 defense work myself, that if you're a defense

                 attorney, you're looking for absolutely

                 everything you can find, everything

                 technicality possible, to allow your client to



                                                        3379



                 escape the fact that he's guilty.

                            And if you really look at these

                 provisions here, one that relates to the right

                 of a defendant to be at every phase of the

                 trial, including the voir dire before the

                 case, to -- as one judge said, it means that

                 you have to -- if there's any questioning that

                 goes on in the robing room with the judge,

                 then technically, under the present New York

                 law, the defendant should be there to listen

                 to any such conversation.

                            Another piece of this bill says

                 that -- and it relates, primarily, to the

                 issue of lineups.  And there's always been a

                 lot of question about lineups, because they

                 create a huge problem for a defense attorney.

                 And I'm the first to admit it.  I prosecuted

                 some cases or helped prosecute cases and also

                 defended them.

                            And what this bill basically says

                 is that if you identify someone, a witness

                 identifies someone in a lineup -- and in some

                 cases it will be years later before the case

                 comes to trial.  And in one case that I had,

                 it was 4 years before the second trial.  And



                                                        3380



                 the defendant looked entirely different in

                 4 years, partly because he had been in

                 federal prison for a while and he didn't look

                 very well.  He had a beard and so forth.

                            What I'm saying is that evidence of

                 a prior identification, when you think of it,

                 should certainly be allowed in.

                            Another piece of this bill says

                 that if a defendant -- in one case here, a

                 defendant made a statement at the time of his

                 lineup, the time that he was identified at the

                 lineup.  The prosecution forgot to include it

                 in their 15-day notification period

                 requirement.  And later on, because of that,

                 all the evidence in the lineup was excluded.

                            What this bill would say is that if

                 you find out you have not given certain

                 evidence, as long as it doesn't go to the

                 heart of the case, that a 15-day period then

                 could be allowed when you realize that it was

                 not done.

                            Keeping up with that, later on, if

                 a person is convicted and that technicality is

                 found out later on, the judge on appeal can

                 look at the issue in terms of whether the



                                                        3381



                 exclusion of certain evidence or the failure

                 to notify went to the heart of the case and

                 whether the error was a good-faith error or,

                 as it's called, a bad-faith error.  And the

                 entire case wouldn't be thrown out because of

                 technical violations that really didn't

                 prejudice the case anyways.

                            In other words, if the evidence

                 would not have been inalterably impacted by

                 either the exclusion of such evidence or the

                 inclusion of such evidence or the mistake that

                 was made by the prosecutor, then, in keeping

                 with the federal rule and most of the country,

                 the Court of Appeals will be precluded from

                 using that as an excuse for throwing out a

                 case.

                            One of the other issues is the

                 issue of the appeal of preclusion orders.

                 Now, this sounds all very technical.  But what

                 it basically means is that if the preclusion

                 of certain evidence does not allow, in many

                 cases, the prosecution to move forward, the

                 prosecution would absolutely have the right to

                 an appeal to at least be able to challenge the

                 judge's ruling, so that the case could move



                                                        3382



                 forward.

                            Rather than the present situation,

                 where in many cases the prosecution is unable

                 to move forward because the evidence has been

                 precluded.

                            Basically that.  And although

                 there's a couple of other inflections, that is

                 basically what the procedure act -- which, by

                 the way, at one point, years back, included

                 several other provisions which have been

                 removed, one of which was removed because it

                 became law.  And so that's basically it.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 Through you, Mr. President, if the sponsor

                 would yield for a question.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, will you yield for a question?

                            SENATOR VOLKER:    Certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            In connection with the issue of

                 identification of a defendant, I just want to



                                                        3383



                 clarify something that I believe would be

                 possible if this bill were to become law.

                            Does this legislation in fact

                 provide that a third party, someone other than

                 the person who did the original

                 identification, could testify that the

                 identification took place?

                            SENATOR VOLKER:    It is possible,

                 yes.  I think I know what you mean.

                            One of the interesting issues is

                 when one of the witnesses dies who has made

                 the identification in a statement or whatever,

                 and a third party was there -- and you are

                 right, and I'm the first to admit that.  What

                 we're trying to do here is to, in the

                 interests of justice, to allow certain

                 evidence in.

                            Now, remembering that the judge

                 always has the right in a criminal case, in

                 the interests of justice, to exclude such

                 evidence if the evidence for one reason or

                 another doesn't follow the usual train of

                 evidentiary thought.

                            I realize, by the way, that any

                 defense attorney worth his salt wants to have



                                                        3384



                 a face-to-face confrontation.  But in certain

                 cases, that can't be done.  And in certain

                 cases it's the defendant's -- it's because of

                 the defendant's challenges and things of that

                 nature that it doesn't happen.

                            So what you say is true.  I believe

                 that that could happen.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Mr. President, on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    I'd like

                 to thank the sponsor once again for his

                 explanation of this legislation.

                            I hope that we will move along and

                 have different Criminal Procedure Acts to

                 discuss in the future, since this is starting

                 to move into the oldie-but-goodie status of

                 one-house bills.

                            The problem that I just raised with

                 the sponsor is, I think, a fundamental problem

                 that many of us have with this legislation.

                 This bill, in essence, allows someone to say:

                 Well, there was a lineup and Senator

                 Hassell-Thompson identified Dale Volker as the



                                                        3385



                 perpetrator, but later at the trial to have a

                 third-party person -- as I happened to be

                 driving with Senator Hassell-Thompson that

                 day -- that I could testify, even though I

                 never was a witness to the crime:  Oh, yes,

                 Senator Hassell-Thompson identified Dale

                 Volker as the perpetrator.

                            No ability to cross-examine the

                 person who did the actual identification.  And

                 we know, and I know from my own experience as

                 a lawyer, people think, oh, you have an

                 eyewitness.  There is nothing shakier than a

                 case based on eyewitness testimony in many

                 circumstances.  We have seen a lot of people

                 who were convicted based on eyewitness

                 testimony who have been exonerated with DNA

                 evidence and through other means in recent

                 years.

                            Eyewitness identification is very

                 powerful with a jury, extremely powerful with

                 a jury.  But people make many, many mistakes.

                 And there have been many cases of false

                 identification.  And, you know, astonishingly

                 so.  People who are absolutely certain that

                 they identified a person and in fact were



                                                        3386



                 wrong.

                            So the ability to have a chance for

                 the jury to assess the credibility of the

                 identifier, to have an opportunity for

                 cross-examination, I think is critical.

                            I would also suggest -- and I think

                 this was suggested in a prior year's debate --

                 that with our modern ability to videotape,

                 perhaps we can avoid this problem altogether.

                 If you want to videotape the identification,

                 that could be preserved and then the jury can

                 assess for themselves.  I mean, what were the

                 circumstances of the lineup, how did it

                 happen.

                            In fact, it may be that the

                 requirement to videotape lineups could remedy

                 a host of problems that people either -- that

                 either do take place or that people certainly

                 believe do take place with regard to lineups.

                            So that's one reason and a reason

                 enough to vote against this bill, which I

                 certainly intend to do, as I have in the past.

                            The other question for the need for

                 defendants to be present at every phase of a

                 trial, including, as Senator Volker referred



                                                        3387



                 to, the voir dire -- there are some lawyers

                 who essentially use the voir dire as their

                 opening argument.  I mean, there are

                 circumstances under which what goes on at the

                 voir dire could be very, very important to the

                 case.

                            And we're in a period of time in

                 our society with the evolution of DNA

                 evidence, people being exonerated for crimes

                 that they were convicted of, where there's a

                 lot of doubt about the criminal justice

                 system.

                            And, frankly, there's a lot of

                 doubt about whether or not there are racial

                 and ethnic prejudices that pervade the system

                 so that some people get less fair treatment

                 than others.  There certainly is a growing

                 sense that there is a class bias in the

                 criminal justice system.  Those who can afford

                 fancy lawyers certainly get a very different

                 type of justice than those who cannot.

                            And I think in those circumstances

                 it is more important than ever that defendants

                 be allowed to be present so they can at least

                 see what's happening and not be convicted with



                                                        3388



                 the belief that their lawyer sold them out,

                 that they weren't allowed to be there, they

                 weren't allowed to watch, they didn't know

                 what happened, and all of a sudden they

                 believe they're convicted unfairly.

                            Finally, I would say that there are

                 some small number of circumstances in which

                 what are referred to as technicalities -- but

                 to some of us are fundamental due-process

                 rights -- result in guilty people going free.

                 But the wisdom of our founding fathers and

                 mothers, and the wisdom of our constitution,

                 federal and state, is that we are a lot better

                 off having a very small number of guilty

                 people go free in order to prevent the

                 unspeakable horror of an innocent person being

                 convicted.

                            And I'm willing to make some

                 sacrifices for that, and I think a lot of us

                 are.  And a lot of us believe that that's what

                 we fight for when we're fighting for the flag

                 and the Constitution of the United States, is

                 that fundamental sense of freedom and justice.

                            We have to put the government to

                 their test.  And prosecutors, like defense



                                                        3389



                 lawyers, are capable of abusing whatever

                 possible limits there are.

                            And I would note, in fact, that

                 when you're talking about giving prosecutors

                 rights to appeal preclusion orders, we've seen

                 very recently someone we know well who was

                 really worn down by prosecutorial activity

                 that just went on and on and on and forced him

                 to spend a tremendous amount of money and

                 borrow money.  And those kinds of abuses are

                 possible also.

                            So I vote no.  I think we can come

                 up with better ways to amend the Criminal

                 Procedure Law.  I appreciate Senator Volker's

                 tireless efforts to address the problems in

                 the system.  I don't think this bill addresses

                 them in a way that we really should be.

                            And I encourage everyone else to

                 vote no in the hopes that we will come up with

                 some other formulation of these reforms,

                 perhaps not this year but perhaps before we

                 have to see this reprinted as the Criminal

                 Justice Reform Act of 2005.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator



                                                        3390



                 Volker.

                            SENATOR VOLKER:    Very briefly.

                            You know, I agree with most of what

                 you said, Senator.  However, I don't agree

                 with the end result.

                            Let me just say something.  And

                 you're absolutely right about the case that

                 you were talking about.  Although, remember,

                 it never went to trial.  And with all the

                 procedure that was done and the bankrupting of

                 the defendant and all that sort of stuff,

                 quite obviously that was, in my opinion,

                 prosecutorial misconduct.  But that's beside

                 the point on this situation.

                            Remember one thing.  I happen to

                 agree with you that sometimes the guilty go

                 free because of improper practices and things

                 of that nature.  But the law should not be in

                 the situation -- and by the way, these people

                 that are going free here are virtually all

                 minorities.  Which is fine.  And many would

                 say that it's more likely that they're going

                 to go free, especially in the city, than

                 caucasians.  And I think that's true, by the

                 way, the way the law has turned out in the



                                                        3391



                 last few years.

                            But be that as it may, remember

                 that the people who are going free here, who

                 have been, all of them, been judged guilty,

                 are criminals.  These are people that

                 victimized, in some cases murdered innocent

                 people, many of whom were minorities.

                            And the problem with justice is

                 that you really have to be careful with how

                 you deal with these issues of justice.  I

                 totally agree with you that certain people,

                 even though they were guilty, in the interests

                 of fairness and justice have to go free.  It's

                 our system.

                            But I think sometimes that we

                 overdo the issue of justice.  Justice means

                 that people get their due, as a general rule.

                 And if people get their due and because of

                 some minor frailty -- for instance, the

                 defendant doesn't happen to be there at every

                 phase of the prosecution because of their own

                 negligence or their own choice -- then it

                 seems to me it's just unjust.

                            And I believe in judicial

                 discretion.  So I think we should allow a



                                                        3392



                 judge to then look at that situation and not

                 be locked into a rule that says that people

                 virtually automatically go free because there

                 was some sort of a minor problem.  And if a

                 judge thinks that problem is more major than

                 it appears, then he has the right to rule in

                 favor of the defendant.

                            So all I can say to you, Eric, I

                 agree with you that these are tough things on

                 defense attorneys, because they're outs.  And

                 we in many ways would rather not do outs.

                 But, on the other hand, remember that these

                 are innocent victims who were victimized by

                 these people who committed these crimes and

                 went off and were freed.

                            THE PRESIDENT:    Does any other

                 Senator wish to be heard on this bill?

                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 10.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 856 are



                                                        3393



                 Senators Connor, Duane, Hassell-Thompson,

                 Paterson, Schneiderman, and Stavisky.  Ayes,

                 46.  Nays, 6.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator LaValle.

                            SENATOR LaVALLE:    Madam

                 President, may I have unanimous consent to be

                 recorded in the negative on Calendar Number

                 1325.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative.

                            Senator Duane.

                            SENATOR DUANE:    Madam President,

                 if I may also be recorded in the negative with

                 unanimous consent on Calendar Number 1325.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative.

                            SENATOR CONNOR:    Madam President.

                            THE PRESIDENT:    Senator Connor.

                            SENATOR CONNOR:    Thank you, Madam

                 President.  May I have unanimous consent to be

                 recorded in the negative on Calendar Number



                                                        3394



                 559.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative.

                            Senator Balboni.

                            SENATOR BALBONI:    Madam

                 President, I request unanimous consent to be

                 recorded in the negative on Calendar Number

                 1325.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative.

                            Senator Ada Smith.

                            SENATOR ADA SMITH:    Madam

                 President, I request unanimous consent to be

                 recorded in the negative on Calendar Number

                 856, Senate Print Number 5563A.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative.

                            Senator Schneiderman, I think

                 you've been standing for a while.

                            SENATOR SCHNEIDERMAN:    Oh, thank

                 you, Madam President.  Although I'm very

                 comfortable.



                                                        3395



                            I would request unanimous consent

                 to be recorded in the negative on Calendar

                 559.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative.

                            Senator Maziarz.

                            SENATOR MAZIARZ:    Thank you very

                 much, Madam President.  I'd like unanimous

                 consent to be recorded in the negative on

                 Calendar Number 95, Senate Print 1487.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative.

                            Senator Little.

                            SENATOR LITTLE:    Thank you, Madam

                 President.  I would request unanimous consent

                 to be recorded in the negative on Calendar

                 Number 95, Senate Bill 1487, and Calendar

                 Number 867, Senate Bill 6219A.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,



                                                        3396



                 I believe that there is a privileged

                 resolution at the desk that I and others have

                 sponsored.  I would ask that it be read in its

                 entirety at this time and we move for its

                 immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senators Bruno

                 and Maltese, Legislative Resolution Number

                 5477, paying tribute to the distinguished and

                 remarkable life of Ronald Wilson Reagan, the

                 40th President of the United States of

                 America.

                            "WHEREAS, It is with profound

                 sorrow that this Legislative Body,

                 representing the people of the State of

                 New York, is moved this day to pay tribute to

                 an eminent gentleman of indomitable faith and

                 dedication whose purposeful life and

                 accomplishments will forever stand as a

                 paradigm and inspiration for others; and

                            "WHEREAS, Ronald Wilson Reagan, a

                 former film star and America's 40th president,

                 died Saturday June 5, 2004, in Los Angeles, at

                 the age of 93, living longer than any United



                                                        3397



                 States president; and

                            "WHEREAS, Ronald Reagan spent his

                 final years coping with Alzheimer's disease.

                 In 1994, he touched the hearts of Americans

                 when, in a handwritten letter, he let it be

                 known he was suffering from the illness, a

                 step very much in keeping with the way he

                 lived his life and which helped millions of

                 Americans by increasing awareness of this

                 debilitating disease; and

                            "WHEREAS, Ronald Reagan worked

                 throughout his life serving freedom and

                 advancing the public good, while serving in

                 many capacities, including as an entertainer,

                 union leader, corporate spokesman, Governor of

                 California, and President of the United

                 States; and

                            "WHEREAS, Ronald Reagan served with

                 honor and distinction for two terms as the

                 40th President of the United States of

                 America.  In his second term, he earned the

                 confidence of three-fifths of the electorate

                 and was victorious in 49 of the 50 states in

                 the general election -- a record unsurpassed

                 in the history of American presidential



                                                        3398



                 elections; and

                            "WHEREAS, In 1981, when Ronald

                 Reagan was inaugurated president, he inherited

                 a disillusioned nation shackled by rampant

                 inflation and high unemployment; and

                            "WHEREAS, During Mr. Reagan's

                 presidency, he worked in a bipartisan manner

                 to enact his bold agenda of restoring

                 accountability and common sense to government,

                 which led to an unprecedented economic

                 expansion and opportunity for millions of

                 Americans; and

                            "WHEREAS, Mr. Reagan's commitment

                 to an active social policy agenda for the

                 nation's children helped lower crime and drug

                 use in our neighborhoods; and

                            "WHEREAS, President Reagan's

                 commitment to our armed forces contributed to

                 the restoration of pride in America, her

                 values and those cherished by the free world,

                 and prepared America's armed forces to win the

                 Gulf War; and

                            "WHEREAS, President Reagan's vision

                 of 'peace through strength' led to the end of

                 the Cold War and the ultimate demise of the



                                                        3399



                 Soviet Union, guaranteeing basic human rights

                 for millions of people; and

                            "WHEREAS, Ronald Reagan was born in

                 Tampico, Illinois, on February 6, 1911, to

                 John Edward Reagan and Nellie Wilson Reagan;

                 and

                            "WHEREAS, Ronald Reagan graduated

                 from Eureka College with a degree in economics

                 and sociology.  A scholarship winner who

                 worked summers as a lifeguard, he was also the

                 president of his class, an outstanding athlete

                 who earned three varsity letters, and the star

                 of most of the campus plays; and

                            "WHEREAS, After graduation, Ronald

                 Reagan auditioned to be a radio sportscaster

                 in Davenport, Iowa.  He was quickly hired and

                 went under the name 'Dutch' Reagan; and

                            "WHEREAS, In 1937, Ronald Reagan

                 visited Hollywood and took a screen test with

                 Warner Brothers; the studio signed him and his

                 first role was as a sportscaster in 'Love is

                 in the Air.'  That was the first of eight B

                 movies he appeared in during his first year

                 before being promoted to feature films and

                 fame as George Gipp, the doomed football star



                                                        3400



                 in 'Knute Rockne, All American'; and

                            "WHEREAS, The movie became famous

                 for the line 'Win one for the Gipper,' a line

                 Ronald Reagan later adopted in his political

                 career; and

                            "WHEREAS, In 1940, Ronald Reagan

                 married actress Jane Wyman.  They had a

                 daughter, Maureen, and adopted a son, Michael.

                 The marriage ended in divorce in 1948, after

                 he became active as a member of the Screen

                 Actors Guild board of directors.  He became

                 known as a man who loved to take the floor and

                 later earned the nickname 'The Great

                 Communicator'; and

                            "WHEREAS, In 1952, Ronald Reagan

                 married actress Nancy Davis.  She became both

                 his wife and his political partner and

                 advisor.  Together they had two children,

                 Patricia and Ronald, Jr.; and

                            "WHEREAS, For the next ten years,

                 Ronald Reagan discovered his talent in front

                 of the television camera and spent eight years

                 as a host and occasional performer on General

                 Electric Theater and as a national spokesman

                 for General Electric; and



                                                        3401



                            "WHEREAS, Ronald Reagan made a

                 dramatic debut in national politics in 1964,

                 which led to his election as Governor of

                 California and ultimately two terms as

                 President of the United States; and

                            "WHEREAS, The sincere condolences

                 of this Legislative Body are offered in great

                 respect and loving honor to Ronald Wilson

                 Reagan's family.  He is survived by his wife,

                 Nancy; his children, Patricia 'Patti' Davis,

                 Ronald, Jr., and Michael; and his

                 grandchildren Rita, Cameron and Ashley; now,

                 therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations in a moment of

                 silent tribute to Ronald Wilson Reagan; and be

                 it further

                            "RESOLVED, That copies of this

                 resolution, suitably engrossed, be transmitted

                 to the family of Ronald Wilson Reagan, the

                 Ronald Reagan Presidential Library and Museum,

                 the Ronald Reagan Presidential Foundation, the

                 Office of Ronald Reagan, and the Reagan Alumni

                 Group."

                            THE PRESIDENT:    Senator Bruno.



                                                        3402



                            SENATOR BRUNO:    Thank you, Madam

                 President and colleagues.

                            You have heard a resolution that

                 took several minutes to read and review about

                 the life of a great man, a great, great man.

                 Great American, patriot.  But a great man,

                 just a great person.

                            This week we've all been

                 reflecting, and really for a lot of years, on

                 Ronald Reagan the man.  The president.  The

                 Governor.  Labor leader.  The actor.

                            All of us get affected in different

                 ways by circumstances and by people.  Well, I

                 don't know about you, but with me, in my life,

                 Abraham Lincoln has sort of been like the

                 president, the leader in bygone days.  Ronald

                 Reagan, in my life, was the greatest

                 inspiration that I've ever had.

                            And I was reflecting, with all of

                 this, when I first saw Ronald Reagan.  It was

                 in Glens Falls, New York, where I lived, at

                 the Queensbury Hotel.  He was on tour for GE.

                 He was touring the country, delivering their

                 message.  And I remember I was in an audience

                 with several hundred people.  And I was



                                                        3403



                 probably from here to where Madam President is

                 presiding.

                            And I watched him all through the

                 meal.  He was an after-dinner speaker.  And I

                 watched people go up to him.  He was then a

                 pretty successful guy, known, you know,

                 throughout the country.  He was a celebrity.

                 But I watched him interact with people.

                            Now, I was -- you'll probably find

                 this hard to believe -- 30 years old.  I was

                 30 once in my life, yeah.  Somewhere.  I was,

                 you might say, impressionable.  I hadn't given

                 a thought to be in politics.  I was

                 struggling, just trying to earn a living.  And

                 my recollection is I was in sales.  And I

                 watched him, and I remember watching -- he had

                 a handkerchief sticking out here, dapper,

                 handsome, charismatic.  And it just exuded in

                 a natural way.

                            And when he was introduced and got

                 up to speak, I observed that he wasn't casual.

                 He didn't take anything for granted.  You

                 could tell that he was on.  It was his moment.

                 You know, he kind of went like this

                 [straightening tie], and he touched -- I



                                                        3404



                 almost felt, at my age, he looked nervous.

                            Now, I don't believe that he was

                 the least bit nervous.  I believe that he is

                 such a great communicator that he wasn't

                 casual, he wasn't anything other than right on

                 his toes, ready to deliver a message.

                            I sat there; he talked for probably

                 15, 20 minutes.  And I remember when he

                 stopped talking, unlike most of you in the

                 chamber, I was sad.  I was unhappy.  Most of

                 the time when you listen to someone speak, you

                 can't wait for them to sit down.  Not always.

                            But you know what I'm saying?  I

                 could have listened to him, because he talked

                 about all of the things that were important in

                 people's lives.  But he did it in such a real,

                 real fashion.

                            And what I noticed about him then,

                 which I never forgot -- because when he

                 finished talking, he got a standing ovation, I

                 worked my way up through the crowd and I shook

                 hands with him.  And, you know, the whole

                 thing was like five, ten seconds.  But he had

                 a twinkle in his eye, and he looked you

                 directly in the eye so that you felt truly



                                                        3405



                 like you made contact.

                            Now, that's what was special about

                 this man as a man, as a communicator, in all

                 of the roles that he played.  There was

                 nothing phoney about him.  He was real.  You

                 think about it.  On his ranch, in life, a

                 union leader, he was a man, a person.  Wanted

                 to change the world, wanted to do things.

                            In my mind, Abraham Lincoln and

                 Ronald Reagan changed this world, changed our

                 world here in this country, in all the

                 positive ways that -- to our benefit.  And you

                 can debate Reaganomics and trickle-down and

                 you can be pro or con.  But nobody can ever

                 debate the sincerity, what this man did, what

                 he accomplished, what he overcame in a very

                 difficult, challenging time and business.

                            So we can reflect on his life now,

                 each and every one of us, because we are in

                 challenging times now and we have to provide

                 leadership through these challenging times.

                 And whether it's worldwide with what's going

                 on in this country, some of the other

                 countries around the world, when we reflect on

                 his life -- overcoming communism, providing



                                                        3406



                 the leadership that he provided in so many

                 different ways.  How?  How?  By communicating

                 with sincerity.

                            And that is a key in all of our

                 lives, that we be sincere, sincere with

                 ourselves, with our constituency.  And that's

                 the lesson that I learned from Ronald Reagan.

                            I saw him as president a couple of

                 times -- again, for seconds, in receptions --

                 and he never was any different.  He just made

                 you feel real, like a person, not that he was

                 talking down, looking down.  That's a gift.

                 And that's a gift that all of us can relate to

                 in our lives, as you're out there with people

                 who look to you for leadership and the way

                 you, I, relate to people.  That's a lesson

                 that we have to learn from Ronald Reagan in

                 our lives.

                            And when he found that he had what

                 would be a terminal disease where he was going

                 to be totally incapacitated, did he hide?  Did

                 he whimper?  He shared with the world what his

                 life was like, and in his famous line that he

                 was approaching the sunset of his life.

                            Now, how profound.  And he lived



                                                        3407



                 those first years in the sunset recognizing

                 when he could, writing when he could.  But

                 being a man, being a husband, being a father,

                 being a president of all of the people here in

                 the United States.

                            So I was blessed for having been

                 exposed to him in a personal way, and I was

                 blessed that he provided such an inspiration

                 to me in my life that I ended up with a dream

                 and a vision that I someday would be in

                 elective office.  I don't remember thinking

                 that I might like to be president someday.

                 But who knows?  Time passes, and who knows.

                            He was 73 when he was elected

                 president.  Think about that for achievement

                 and accomplishment.

                            So I know a lot of you have your

                 own thoughts and you want to verbalize them.

                 But I have just had a feeling right here and

                 in my heart all of these years, as he has been

                 languishing with the ailment that he's had,

                 and now we reflect on all of the great things

                 this great American did.

                            Thank you, Madam President.

                            THE PRESIDENT:    Senator Paterson.



                                                        3408



                            SENATOR PATERSON:    Thank you,

                 Madam President.  And Mr. Leader, for that

                 quite informative eulogy to the former

                 president.

                            The two things I'll probably

                 remember most is that I never knew that former

                 President Reagan, before he was president, had

                 traveled around the country for GE.  And I

                 also didn't know that the leader was leaving

                 the door open to being a national candidate in

                 a few years.

                            I first remember Ronald Reagan when

                 I was 8 or 9 years old.  I was a big sports

                 fan, and he was the star of a movie, "The

                 Grover Cleveland Alexander Story."  And I must

                 have watched that movie ten times.  So he was

                 one of my heroes in those days.  He played the

                 role of the pitcher who comes back after

                 illness and helps the St. Louis Cardinals win

                 the 1926 World Series.

                            As I got older, I would learn that

                 Ronald Reagan in 1932 was a broadcaster for

                 the Chicago Cubs, along with a famous

                 broadcaster named Bert Wilson.  And he once

                 said that he could have stayed right there and



                                                        3409



                 been a broadcaster for baseball for the rest

                 of his life.  And speaking for all the members

                 of this conference, and Democrats all around

                 the country, we really wish he had done that.

                            (Laughter.)

                            SENATOR PATERSON:    The next time

                 I remembered seeing Ronald Reagan was in 1964,

                 when he did a commercial for Barry Goldwater,

                 who was the presidential candidate that year,

                 and he let America see his temper.  He was one

                 angry individual about the Democrats'

                 commercials and the way that Barry Goldwater

                 was being portrayed as an angry, antagonistic

                 figure.

                            And inadvertently I think Ronald

                 Reagan, who would go on to become governor,

                 thought that perhaps he had played into that

                 himself by showing his anger in the media.

                            Now, what was interesting around

                 that time is that there was actually a comedy

                 album that was released portraying what it

                 would be like if Ronald Reagan ever became

                 president.  That was considered sort of abject

                 humor at that particular time.

                            But he would go on to become



                                                        3410



                 Governor of California and of course President

                 of the United States.  And he made an

                 adjustment, and the adjustment was that he

                 realized that those who established and avowed

                 the same political ideology that he did were

                 coming across in a way that really connoted

                 reciting the bill of particulars for what they

                 believed was wrong with America at the time,

                 and for doing it in a way that came across

                 almost arrogantly or in some ways hostilely.

                            And so President Reagan made an

                 adjustment, and he reached to that

                 communicating part of his personality -- it

                 was one thing that he was a great

                 communicator; it was another thing that he

                 knew the value of communication.

                            And I remember watching him in 1980

                 running for president in the presidential

                 debates.  At that time President Carter

                 wouldn't debate, so Ronald Reagan debated

                 Senator John Anderson.  And in those debates,

                 I watched him and I just had this feeling that

                 I knew how this election was going to end.

                 And I was right about that.

                            And at the time, having a different



                                                        3411



                 point of view, I had a different feeling about

                 whether that was good for America.  But I

                 certainly could not take away that gift of

                 his.

                            And it's always interesting when we

                 tend to mimic the character and the conduct of

                 people who we actually don't agree with but we

                 respect and admire the way they present

                 themselves.  And that was how I always felt

                 about President Reagan.

                            Just a few months after he was

                 inaugurated, at the end of March, he was shot

                 in Washington, D.C.  And when he was taken to

                 the hospital and they got his wife on the

                 phone, he offered the famous rendition from

                 the movie, and he said:  "Honey, I forgot to

                 duck."

                            That was actually taken by the

                 national media and a lot of political figures

                 to be negative, that why would he make light

                 of the fact that he was shot.  But that's not

                 what he was doing.  He was trying to put the

                 country at ease.  He was trying not to let

                 people become hysterical over the fact that

                 there had been yet another attempted



                                                        3412



                 assassination of a president.

                            Remember, 18 years earlier, the

                 president was murdered.  And then, within five

                 years of that incident, there had been two

                 attempts on the president when the president

                 was Gerald Ford.  So this was the fourth

                 attempted shooting of a president in nearly

                 twenty years.

                            What he wanted to do was to

                 establish comfort for the rest of the country.

                 And isn't it wonderful that this man, lying in

                 a hospital, wounded by a bullet, still has

                 quicker and sharper reactions than all of the

                 prognosticators and the consultants and the

                 analyzers of American conduct.

                            And I guess that's why Senator

                 Bruno said it's a gift.  Because apparently

                 President Reagan didn't have to think before

                 he did these things; he had an instant

                 reaction that was timely and was what the

                 country needed.

                            The same year, he would go on to

                 pass the largest tax cut in the country's

                 history, a $750 million tax cut that friends

                 of mine opposed very vigorously.  But within a



                                                        3413



                 couple of years of that tax cut, the national

                 debt actually doubled and the national savings

                 was dwindled.  President Reagan had the

                 ability to change the course.  He created

                 revenue enhancers just a couple of years later

                 that in many ways generated more revenues per

                 capita than the Clinton tax increase of 1993.

                            The point isn't whether or not you

                 agree with it.  The point isn't even whether

                 or not it's right.  It was that with all of

                 his greatness, he still understood his

                 humanity and he still understood his own

                 imperfections.  He'd actually make fun of

                 them.  Remember when he made fun of his own

                 age in the presidential debate and said he

                 wouldn't let his opponent's youth be held

                 against him?

                            And the point about President

                 Reagan was that he had that ability to, in

                 many ways, act in a way that you would

                 consider to be genius.  But then, as Senator

                 Bruno said, that when he met him he made

                 everyone feel as if he was no better than they

                 were.

                            People say that he didn't change



                                                        3414



                 his philosophy.  His intervention in Reykjavik

                 in 1986 would belie that.  This was a person

                 who thought about what he was doing, and this

                 was a person who had a sense of himself that

                 was so confident that he would trust himself

                 at times just to react to things.

                            And whatever your ideology is, you

                 have to admire the few people that come along

                 who touch us in our lives who have that great

                 ability that is so needed in our society right

                 now.

                            It's amazing how we, as much as we

                 in public service, are still affected by the

                 greatness of leadership ourselves, as the

                 Majority Leader talked about Abraham Lincoln

                 and, in his life, Ronald Reagan.

                            And certainly the decorum that he

                 displayed is something that really as much as

                 on perhaps a short list of three of people

                 I've observed, is something that's in me.  I

                 sort of try in my own way to be like him.  I

                 just don't try to vote like him, but I really

                 try to be like him.

                            Because it is that indomitable

                 spirit that we're all really paying homage to



                                                        3415



                 today.  And the grace with which he actually

                 left office, the manner in which he treated

                 other people, even his adversaries, I think

                 will be celebrated for decades.  He is

                 probably one of the ten American presidents

                 that will be best remembered, no matter how

                 many presidents our union elects.

                            It was a memory I have in 1986, my

                 first year in the Senate, when we had to

                 cancel session on January 28th because of the

                 shuttle disaster.  And that night, President

                 Reagan went on television and spoke to the

                 nation.  And that was when he talked about

                 "peering through the galaxy to touch the face

                 of God."  I thought it was one of the most

                 poignant and touching moments of my life.

                            And no matter how you thought on

                 the lower frequencies, the political

                 differences that we have, you know that all

                 the families and the family of America and

                 people around the world had to feel nurtured

                 by this great man, just him sitting in front

                 of a camera communicating with us.

                            I hope that as much as celebrating

                 him, and not using this occasion for a sort of



                                                        3416



                 harmonious grief, that we will pay more

                 attention to his life, to his conduct, to the

                 message that he conferred on America.  And in

                 our own differing ways, even as we don't

                 always see eye to eye, that we will use that

                 kind of example to raise the consciousness of

                 our debate and interaction with each other.

                 That's how we will remember him, and that

                 would be the greatest gift we could receive

                 from him.

                            Thank you again for your comments,

                 Mr. Leader.  And Madam President, thank you

                 for allowing me to offer mine.

                            THE PRESIDENT:    Senator Maltese.

                            SENATOR MALTESE:    Madam

                 President, first of all, I want to say that in

                 addition to acknowledging so many debts of

                 gratitude to President Ronald Wilson Reagan, I

                 didn't realize until now that we also might

                 owe a debt of gratitude to him for our

                 Majority Leader entering political life.

                            I do want to also say that our

                 Governor took absolutely the right step by

                 declaring Friday a day of commemoration and

                 mourning.  I think those alleged conservatives



                                                        3417



                 who would say that it's the wrong thing to do

                 and Ronald Reagan would not have approved do

                 not truly know Ronald Reagan.  I think they're

                 the grinches or the grouches of today.

                            I think this is a day that we that

                 live at this time will long remember and will

                 be long remembered in our history.  I had the

                 pleasure of reading a commentary this morning

                 by former Mayor Ed Koch where he indicated

                 that in his mind, President Reagan would be

                 remembered in history as one of the most

                 beloved and effective presidents.

                            I'd like to, first of all, as far

                 as our distinguished Minority Leader, I want

                 to say that I had the honor to serve as an

                 elector in 1980 and 1984, and I knew his dad,

                 Basil Paterson, slightly but came to know him

                 even better at that time.  He was a most

                 hospitable host, making sure that all the

                 electors were comfortable, acting as a host

                 many times, seeing that all were tended to.

                 And again, it's easy to see from whence he

                 came as far as our Minority Leader is

                 concerned, in that he also admired and

                 respected Ronald Reagan.



                                                        3418



                            I'd like to just say three very

                 brief anecdotes.  Because I was the chief

                 operating officer of the state Conservative

                 Party, we were -- early on, we were big

                 supporters of Barry Goldwater and of course

                 early supporters of Ronald Reagan.  And

                 because of that, I was in the company of

                 President Reagan many, many times.

                            One particular time I think showed

                 the self-effacing nature of the man.  He was

                 present with State Chairman Dan Mahoney,

                 Kathleen Mahoney, his wife, and my wife,

                 Constance.  And he was telling us -- my wife

                 happened to mention Errol Flynn, and he was

                 telling us that he knew that Errol Flynn was

                 taller than he was, and they had to apparently

                 appear in some sort of press conference in

                 connection with a movie they were filming.  So

                 it was outdoors, and he was surreptitiously

                 kicking earth together to create a little

                 mound so that when the time came for the

                 camera shot, he was not only even to Errol

                 Flynn but just a little bit taller.

                            And I remember in 1984 when Mondale

                 picked Gerry Ferraro as his vice presidential



                                                        3419



                 candidate, I, through the good offices of

                 Senator D'Amato, emerged as the congressional

                 candidate for the district where Gerry Ferraro

                 ran.  As I remember, Senator D'Amato said:

                 "Don't you live in that district?"  And I

                 ended up running for Congress.

                            (Laughter.)

                            SENATOR MALTESE:    But that

                 particular seat was known as the Archie Bunker

                 seat.  And as a result, the combination

                 between being known as the Archie Bunker seat

                 and the fact that the vice presidential

                 candidate was vacating the seat placed a lot

                 of attention on the seat.

                            And I was one of a number of

                 prospective congressmen or congressional

                 candidates that were called to Washington,

                 D.C. in '84 to pose with the President.  It

                 was a good number of us; I think in excess of

                 twenty.  And the idea was, as we know in

                 politics, that you would file up the steps of

                 the Capitol, say a brief word or two with

                 President Reagan and shake his hand, take your

                 picture and move on.

                            And we were in alphabetical order,



                                                        3420



                 and the gentleman before me was Connie Mack,

                 who was at that time running for congressman

                 from Florida, the state of Florida.  And so he

                 got his place on the step, and I was next to

                 him.  So we would be efficiently moving

                 forward, I guess they assigned maybe a big one

                 or two minutes for each congressional

                 candidate.

                            And when Connie Mack shook his hand

                 and said, "Hi, Mr. President, I'm Connie

                 Mack," that was it.  The president said:

                 "Connie Mack?  The grandson of the Connie

                 Mack?  Wow, I've been meaning to talk to you.

                 Do you have a souvenir for me?"

                            And lo and behold, Connie Mack had

                 a baseball signed by his grandfather, Connie

                 Mack, which he presented to the president.

                            Well, even at that time, in 1984,

                 there were many that felt that the president

                 was slipping.  He was, as Senator Bruno has

                 indicated, the oldest man ever to run for

                 president.  And that he had at that time, they

                 were claiming, stages of Alzheimer's.

                            Well, for the next more than half

                 an hour, the president stood on the steps and



                                                        3421



                 regaled Connie and those of us standing nearby

                 with his days as a radio announcer in

                 Des Moines, Iowa, with the fact that he had

                 been known as Dutch and could we picture him

                 with blond hair, and that's why they had

                 called him Dutch.

                            And the stories of Connie Mack, who

                 was the -- I think he played for the

                 Pittsburgh Pirates, but that was way before my

                 time, and then he was the manager for the

                 Philadelphia Athletics.

                            But he remembered plays that he had

                 announced on the radio, he remembered the

                 players, he remembered everything throughout.

                 And as has been indicated, it was the '30s,

                 and we were at that time in the '80s.

                            The last anecdote was he was

                 constantly being portrayed as older.  And Time

                 magazine had done an absolutely terrible cover

                 shot of the president, and showing him

                 red-faced.  It looked more like a Salvador

                 Dali painting than a painting of the

                 President.

                            And my wife had done a painting of

                 the president for presentation at one of the



                                                        3422



                 dinners.  And Constance and I and I think Mike

                 Long and Dan presented this painting to him.

                 And as we presented it to him, he was

                 literally jumping for joy.  He was pointing to

                 the painting, and Nancy was with him, and he

                 said, "That's what I really look like, not

                 that damn Time magazine cover!"

                            So as has been mentioned by the

                 Minority Leader, certainly the measure of the

                 man was that episode, March 30th of 1981, when

                 he was shot.  He insisted on the walking into

                 the hospital himself, on his own two feet, did

                 not wish to be assisted, although he collapsed

                 as soon as he got into the hospital.

                            And in addition to the famous line

                 "I forgot to duck," I think another one that

                 heartened the nation was, "I hope the surgeon

                 is a Republican."

                            This certainly was a man bigger

                 than life, larger than life.  I know what I

                 watched was, of course, over and over again,

                 as he was at the Berlin Wall and when he

                 stated those famous words:  "Mr. Gorbachev,

                 tear down this wall!"  And that, of course, as

                 we know, led to the ultimate collapse of the



                                                        3423



                 "evil empire."  And it was indeed an evil

                 empire.

                            And people may conjecture the cast

                 of characters, whether it would have changed

                 or not.  But thank God he was in the right

                 place, the right man in the right place at the

                 right time.  And as a result, we removed the

                 threat of nuclear annihilation from our

                 children, our grandchildren, and the world is

                 a much better place now.  We emerged as the

                 sole superpower, and I think recent events

                 have certainly indicated that we are using

                 that power wisely.

                            So Ronald Wilson Reagan, you, I am

                 positive, will emerge as one of the greatest

                 presidents of all time, certainly the greatest

                 president in my lifetime.

                            And I am proud to second this

                 resolution to memorialize and remember Ronald

                 Wilson Reagan.

                            THE PRESIDENT:    Senator Balboni.

                            SENATOR BALBONI:    Madam

                 President, personal experiences and lessons

                 learned.

                            Many of us in this chamber, I'm



                                                        3424



                 sure, have had the brushes with greatness of

                 an amazing man and president.  Mine is one

                 seen through the eyes of my father.  My father

                 was involved in the Rotary and traveled around

                 the world providing medical care to the

                 underprivileged in places like Uganda and in

                 Korea and Costa Rica.

                            On one trip, when he first went --

                 and it was a brand-new program -- they brought

                 back three children from Korea.  And in South

                 Korea they did not have the ability to take

                 care of these children with heart

                 abnormalities.  And they could be treated with

                 some of the simplest technology we had in this

                 nation.

                            Well, the president of the United

                 States, Ronald Reagan, and his wife, Nancy,

                 took these three children on Air Force One,

                 flew them into New York, and then Mrs. Reagan

                 personally brought the children to St. Francis

                 Hospital, to my father's care, in Roslyn,

                 New York.

                            She actually called the house one

                 day and that was a great source of amusement,

                 because, you know, pick up the phone, it's the



                                                        3425



                 White House on the phone.  Yeah, sure it is.

                 At that time we were playing phone pranks on

                 everybody, and we figured it was a phone

                 prank.  And then my father got a little

                 anxious that no, it really was the First Lady.

                            And then he took his brother-in-law

                 and his sister from Rome to the White House

                 and was entertained by the president.

                            And his remarkable gift was to make

                 sure that you understood that you were

                 important.  Here's the President of the United

                 States, and he really focused on that.

                            And then the lessons learned.  I

                 don't know about all of you, but following up

                 on Serph's comments, I remember very, very

                 vividly when the President of the United

                 States said the words "Evil Empire," that I

                 was frightened, I was truly frightened that

                 this was going to be the start of an armed

                 conflict with this massive enemy, the Soviet

                 Union, that was going to wind up in the

                 destruction of our society and our

                 civilization.

                            And yet the lesson should be

                 learned, you know, leadership is hard.  You



                                                        3426



                 are always second-guessed.  It's never a

                 popular thing to do.  If it were popular,

                 anyone could do it.

                            Ronald Reagan proved appeasement

                 doesn't work, peace through strength, the

                 ability to look your enemy in the eye and say:

                 You will not defeat us.  Very challenging

                 times.  Something we should remember today.

                            God bless him.

                            THE PRESIDENT:    Senator Johnson.

                            SENATOR JOHNSON:    Madam President

                 and my colleagues, I too would like to say a

                 few words about Ronald Reagan, President

                 Reagan.

                            I think I was perhaps one of the

                 first Senators -- certainly Fred Eckert and I

                 met with Ronald Reagan's advocates before he

                 was the candidate for president, and we always

                 had a relationship over the years.  Through

                 the American Legislative Exchange Council, we

                 met with President Reagan many times.  And

                 after he was elected, of course.

                            We got him elected, thank God,

                 because the country was in such a depressed

                 state at that time.  The Iranians had our



                                                        3427



                 captives there.  You know, we had gone through

                 the oil crisis with Jimmy Carter.  There was

                 no strong leadership.  The Cold War was at its

                 intensity.  The communists were working their

                 way up the isthmus -- Nicaragua, Guatemala,

                 El Salvador.

                            And at that time we had one of our

                 meetings with the president, myself and

                 several members of our executive board of the

                 American Legislative Exchange Council had a

                 private meeting with him, and he assured us

                 that he knew the situation and the situation

                 was going to be resolved and the communists

                 were not coming up through Central America to

                 Mexico and causing all sorts of trouble in our

                 hemisphere, he would take care of that.  And

                 the famous Iran-Contra is what took care of

                 that.

                            And the president really -- he knew

                 what was going on, he knew how to handle it,

                 he was very much in control.  He restored my

                 faith and the faith of many people in America

                 and the future that we had and that we would

                 prevail in this struggle of ideology

                 worldwide.  And we did prevail.



                                                        3428



                            And God bless him and his family.

                 And I think I'll never see another president

                 like him.  But I'm certainly glad that he

                 lived, for my sake, for my satisfaction, for

                 all of our satisfaction, for the future of

                 America and indeed for the future of the

                 world.

                            So I'd like to add my second,

                 third, fourth or whatever endorsement to this

                 resolution.  Thank you.

                            THE PRESIDENT:    Senator Meier.

                            SENATOR MEIER:    Thank you, Madam

                 President.

                            I guess there's an entire

                 generation of us who entered public service

                 just about the time that President Reagan was

                 president.  And for many of us, he really was

                 an inspiration.

                            In reflecting on it personally, in

                 terms of the way I looked at him, there were a

                 number of great gifts that this man brought to

                 the presidency, to the country and to those of

                 us who were inspired by him.

                            As a Republican who -- and this may

                 surprise some of you -- leans a little bit to



                                                        3429



                 the conservative side, I was inspired by the

                 fact that he changed the whole idea of what

                 being a conservative was all about.  Being a

                 conservative politically in this country used

                 to be regarded as sort of the political

                 equivalent of telling people to eat their

                 spinach.

                            And Ronald Reagan stressed the

                 positive side of being a conservative

                 Republican, the idea that being a conservative

                 involved having a deep faith in the ability of

                 individual people to run their own lives and

                 make their own decisions.

                            Ronald Reagan was a politician who

                 never needed an image-maker.  Senator Bruno

                 said this was a man who carried himself well,

                 who was serenely comfortable with who he was

                 and how he conducted himself.  He was also a

                 politician who didn't need a pollster to tell

                 him what he believed.  He had deep-held

                 convictions, and he lived them out.

                            He was also someone, though, who

                 brought to public life something that I think

                 we sorely lack today on many parts of the

                 political stage.  Although he had certain



                                                        3430



                 convictions he would never violate, he also

                 was once quoted as saying:  "I would rather

                 get half a loaf than go over the cliff with

                 the flag flying."

                            And he was also somebody who always

                 conducted himself in his political life

                 without departing from civility and from basic

                 kindness and basic respect for those who

                 opposed him.

                            Two things in his own words that

                 I'd like to close with.  One was a sign that

                 he had behind his desk on the credenza in the

                 Oval Office.  It said:  "There is no limit to

                 what a man can accomplish if he doesn't mind

                 who gets the credit."

                            The second thing in his own words

                 are words that are engraved very near where he

                 will be laid to rest later this week.  Ronald

                 Reagan's words:  "I know in my heart that man

                 is good, that what is right will eventually

                 triumph, and there is purpose and worth in

                 every life."

                            Thank you, President Reagan.

                            THE PRESIDENT:    Senator Lachman.

                            SENATOR LACHMAN:    I rise to speak



                                                        3431



                 and say a few words about President Ronald

                 Reagan, which can't compare to the

                 inspirational words of the leadership that

                 have spoken before.

                            I did not have the privilege of

                 ever meeting Ronald Reagan.  In fact,

                 initially, as a youngster, my position was, is

                 he prepared to be president after what he had

                 gone through in the pre-presidential years.

                 And I have to admit he was prepared to be

                 president.

                            And as a Democrat, I also have to

                 admit that he was an outstanding president.

                            Now, there are two things I would

                 like to mention as both a student of history

                 and a professor of government.  In the

                 Washington National Cathedral on Friday there

                 will be hundreds if not thousands of people,

                 but two stand out in particular in terms of

                 international affairs:  former prime minister

                 of Britain Margaret Thatcher, and the former

                 president of the Union of Soviet Socialist

                 Republics, Mikhail Gorbachev.

                            Margaret Thatcher and Mikhail

                 Gorbachev refused to speak to one another



                                                        3432



                 until President Reagan brought them together.

                 And in their initial comments this week on his

                 death, both of these statesmen agreed that no

                 one ended the Cold War, but he led to the

                 ending of the Cold War by bringing these

                 disparate, different people and movements

                 together.  And very few people expected that

                 to happen from a man who was obviously

                 underrated even before he became president.

                            The second point I'd like to raise

                 deals with domestic policy.  Though I didn't

                 agree with all of Ronald Reagan's domestic

                 policy, I have to admit that this man was able

                 to resuscitate and bring a movement to

                 American life that is still with us today, a

                 quarter of a century later.  And these group

                 of people today decide who wins or loses

                 presidential elections.  And who are they?

                 They are the so-called, quote, Reagan

                 Democrats, end of quote.

                            Everyone who ran for president

                 after Ronald Reagan until this year are trying

                 to tap into these Reagan Democrats, because

                 they realize if they don't, they will never be

                 president of the United States.



                                                        3433



                            It's a great honor for me to be in

                 the Senate chamber today when we memorialize

                 this outstanding human being, President Ronald

                 Reagan.

                            THE PRESIDENT:    Senator Larkin.

                            SENATOR LARKIN:    Thank you, Madam

                 President.

                            I had the privilege of meeting

                 President Reagan three times during his times

                 in office:  1982, 1987, and 1989.  But 1987

                 was a striking point for it, because it was

                 the first time at West Point that they

                 rearranged the field so that the president

                 could look out over the river rather than to

                 look at the barracks.  Everybody thought that

                 was confusing, but it was the Secret Service,

                 because somebody said there may be some

                 demonstration here.

                            But when the Secret Service came,

                 they said:  "We have to have six vehicles for

                 the president."  Now, where do you get six

                 vehicles in four days?  If I was the Majority

                 Leader, I'd have no problem.

                            But what we did was we went around

                 and got vehicles.  And the president made it



                                                        3434



                 very clear:  If somebody doesn't want to loan

                 us the equipment, forget it.  But we're not

                 flying vehicles in from Washington.

                            So we went around to dealers, and I

                 asked them if they could loan us a vehicle and

                 explained we had to have two station wagons

                 because the Secret Service were going to put a

                 light machine gun in each one of the front and

                 back vehicles just in case.

                            So that morning the president came

                 around and said -- they were getting ready to

                 move out from Stewart -- "What have we done

                 for the people that are using the cars?"  So

                 Jack Reedy from the Secret Service says:

                 "Bill Larkin took care of that, Mr. President.

                 We're going to put a plaque in each one of

                 them."  And it said "President Reagan used

                 this vehicle on his trip to West Point,

                 October 28, 1987."

                            So the president said, "Well,

                 that's good.  But how will they know I ever

                 got there?"

                            So General Clifton said to him:

                 "Sir, would you take a seat?"  The president

                 sat there in a Mercury, 1989 Mercury, and they



                                                        3435



                 took a picture.  Every one of those six cars

                 got a plaque.  And there was a photograph in

                 each one of those cars of President Reagan

                 done by the great photograph shop at West

                 Point.

                            Then he walked around to the

                 drivers and he said, "Who has the Mercury?"

                 "I do, Mr. President."  He shakes his hand, he

                 says:  "Darn good car."  He said, "Really

                 nice."  He said, "You know, if GE ever made

                 cars, I'd have been a billionaire."  That

                 referred to his days of announcing.

                            But it was so amazing.  He said --

                 the cadets, he walked to the cadets and he

                 said "What year?"  "Mr. President, I'm a

                 firstie."  Knew he was a senior.  Plebe, knew

                 he was a freshman.  He asked them something

                 about the questions, what they were talking

                 about.  Because that day -- that was the day

                 that he was making a major policy address on

                 nuclear weapons.

                            So he had six seniors, all who were

                 engineers that were going to graduate in May.

                 And he started asking them about nuclear

                 weapons, what they knew about it.



                                                        3436



                            I took two steps back and I said to

                 myself, you know, Teflon isn't going to get

                 hurt here.  Because the president was

                 communicating to them on something that he was

                 going to speak about in a couple of hours that

                 affected our national security.

                            Those cadets that he talked to and

                 walked with that day came away with a clear

                 understanding that this was not just a

                 president, but this was a national leader who

                 was concerned about his nation and their

                 future.

                            Ronald Reagan was a great

                 president.  As our leader explained his

                 situation with him, I think that all of us,

                 maybe not meeting him but looking at what he

                 said and what he did during his tenure,

                 whether it was in California as governor or in

                 the presidency, Ronald Reagan was a human

                 being for all human beings.

                            THE PRESIDENT:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you, Madam President.

                            The first time that I visited the



                                                        3437



                 White House was when Ronald Reagan was

                 president.  At that time I represented a group

                 called the Minority Contractors Association of

                 Westchester, and I represented them on the

                 national board.  And there were a group of us

                 who were selected to prepare for the White

                 House Conference on Small Business.

                            And people said:  Well, why would

                 you, a Democrat, staunch Democrat, want to go

                 to the White House with a Republican

                 president?  I said, Well, first of all, it's

                 the first time I've ever been invited to the

                 White House.  And the fact that he's a

                 Republican president isn't important.  What's

                 important is he's the president.

                            And I think that having met him,

                 and as we talked and discussed the plight of

                 African-Americans and other minorities and

                 their attempts to do business with government

                 and to make sure that the legislative

                 initiatives that we were attempting to push at

                 that time to ensure that there was fair and

                 just participation by minority businesses and

                 women-owned businesses in this country, it

                 gave me the first opportunity, as I said, to



                                                        3438



                 meet with him, but certainly I came away

                 understanding what leadership was truly about.

                            And so I did not want to allow this

                 opportunity to go without adding my words to

                 those others here in the chambers, that

                 greatness is in the results.  And I think that

                 this country continues to be great as long as

                 its leadership stands up, no matter whether I

                 agree with them or not, but if they stand up

                 and do what they believe to be the right thing

                 at the right time.

                            Thank you.

                            THE PRESIDENT:    Senator Rath.

                            SENATOR RATH:    Thank you, Madam

                 President.

                            It is appropriate that we pause

                 today and together remember President Reagan.

                 Thirty years since we've had a state funeral

                 like this in this country.  And totally

                 appropriate that New York State workers have

                 an opportunity to share this with the rest of

                 the nation.

                            Appropriate that we share with each

                 other our recollections, because it makes us

                 all more human as we work with each other.



                                                        3439



                 And I'm sure that he would think that that was

                 totally appropriate.  Because, as so many have

                 remarked today, that was certainly a hallmark

                 of Ronald Reagan the man.

                            Two personal recollections.  In

                 1979, I was a newly elected county legislator,

                 and Ronald Reagan was out taking the Barry

                 Goldwater doctrine everywhere in this country

                 and was certainly out on I guess what we'd

                 call the rubber chicken circuit, and he

                 happened to come through Western New York.

                            And I have a wonderful photograph,

                 an 8-by-10 glossy, standing between President

                 Ronald Reagan and Congressman Jack Kemp.

                 Certainly something that will stay in the

                 archives of my family.  And I think Dale

                 Volker must have one of those too, because he

                 was there that night, I'm sure.

                            But he was very encouraging to a

                 new young woman county legislator who was,

                 frankly, quite concerned about my capability

                 of functioning in this political world.

                            And then a serendipitous happening

                 two days ago, three days ago, the day that

                 President Reagan died.  I was into one of



                                                        3440



                 those endless piles of papers that we all have

                 in our homes, and lo and behold, what surfaced

                 but something that my 93-year-old mother felt

                 was one of the most important pieces of

                 documents in her personal archives.  And it

                 had ended up, of course, in a pile of papers

                 in my house.

                            And it was a little white glossy

                 folder.  Written in red on the front,

                 "President Ronald Reagan's Speech to Rotary

                 International:  A Time for Choosing, 1973."

                 And in my mother's handwriting, written across

                 the top of it:  "Mary, don't let this get out

                 of your hands.  These are important words."

                            My son came in the house later that

                 day, and I said to him, "Edward, this came

                 into my hands this morning.  Today the

                 president died."  I handed this to my son

                 because I want him to understand what

                 President Reagan meant to my mother.

                            Thank you.

                            THE PRESIDENT:    Senator Alesi.

                            SENATOR ALESI:    Thank you, Madam

                 President.

                            I suppose, like many people here, I



                                                        3441



                 owe my entry into politics by my father, who

                 loved to define himself as a Rockefeller

                 Republican.  He was just a small-town judge

                 and very much a grass-roots politician.  But

                 it was because of him that I gained an

                 interest in politics.

                            And at an early point in my career,

                 when I ran for election to the county

                 legislature and lost, it was obviously because

                 I didn't take his advice.

                            But there was also something

                 happening at about the same time, and that was

                 a time when America's spirit went into a very

                 deep, dark spell.  And it was also a time

                 when, after losing that election, I also lost

                 my interest in politics, despite the fact that

                 my father urged me to stay active and not to

                 lose my appeal for politics because the

                 Republican Party was in a state of darkness.

                            But it wasn't until Ronald Reagan

                 really came back on the scene that my interest

                 in politics reignited.  And I'm just one

                 person whose story can carry on from there.

                 But it was Ronald Reagan who not only

                 reignited my napping interest in politics, but



                                                        3442



                 it was Ronald Reagan who reignited the

                 American spirit and who gave this country its

                 sense of pride once again.

                            And we will all say this same story

                 in so many ways.  But I can tell you the

                 effect that it had on me.  And the path that I

                 chose, as someone who was building a business

                 at that time, to come back into politics, was

                 directly related to the fact that this country

                 and our Republican Party was regaining its

                 sense of pride.  And the allure for the

                 political life was greatly enhanced at that

                 time.

                            And I think that that's when I

                 reentered and ran for office.  And looking

                 back on it, that's when this country owes so

                 much of where we are today to Ronald Reagan.

                            And many people forget, when we say

                 he rekindled the American spirit and he gave

                 us our sense of pride, he rebuilt the

                 military, not only by spending large sums of

                 money -- because this was a great country and

                 the economy was so great, and part of spending

                 all that money on the military boosted the

                 economy.  But also he was a man who it said in



                                                        3443



                 the paper today that, when he saluted a

                 serviceperson, you could see that he really

                 had respect for that individual person in

                 uniform, he had respect for the military and

                 for the people in the military.  And that was

                 something that was lacking.

                            And even those little gestures that

                 people could see day in and day out when

                 they'd see him on television were things that

                 made stronger the very fiber of our American

                 being -- as individuals, surely, but as a

                 country as well.

                            And we all understand the fact that

                 it was Ronald Reagan who ended communism.  But

                 very few people make this extension -- and I

                 say this as a business owner, but also as

                 someone who has not only watched politics but

                 economics as well, as they're coupled with

                 world history.  We used to have a thing called

                 international trade.  But if it were not for

                 Ronald Reagan and the dismantling of the

                 Soviet Union, we wouldn't have a thing called

                 the global economy.

                            And many people don't understand

                 that the global economy that we have today is



                                                        3444



                 directly related not only to the economic

                 policies of Ronald Reagan but to the fact that

                 he dismantled the Soviet Union and ended

                 communism and opened the door for a global

                 economy.

                            From a personal standpoint, I can't

                 help but think of my favorite picture.  It's a

                 picture of Ronald Reagan that I have at home,

                 actually.  Not in one of my offices, but at

                 home.  And it's a picture of him with a big

                 smile -- just kind of looking up, as Senator

                 Bruno described, his twinkling eyes and that

                 great white cowboy hat of his.  And it just

                 says be optimistic, be happy, enjoy everything

                 there is to be about life.

                            And it's a picture; that's all it

                 is.  But that was Ronald Reagan, and that's

                 what he did for me.

                            And we talked earlier about

                 sometimes if you -- no matter what it is, if

                 you find the humor in something, no matter how

                 dark it is, that finding humor in something

                 gets you through the day, gets you through the

                 week.  Ronald Reagan was a man who could find

                 humor in anything.  And he taught us that.



                                                        3445



                            Because much of his humor, as Serph

                 said earlier, was aimed at himself, and it

                 taught us how to laugh at ourselves and laugh

                 at the circumstances that we take so seriously

                 sometimes but really aren't.

                            And that's how you can get through

                 the day.  And that's how Ronald Reagan got us

                 through eight years of challenging times.  The

                 optimism that came from him is an optimism

                 should still be embraced by all of us, not

                 only in politics but in our daily lives.

                            One other thing that's probably

                 even difficult to say, but when I looked at

                 Ronald Reagan and his wife and looked at the

                 love affair that those two people had, that's

                 really a fascinating story.  And everything

                 you say about Ronald Reagan as a model, Ronald

                 Reagan is a model.  And even in his personal

                 life with Nancy Reagan and the way she devoted

                 herself to him in the last ten years -- and

                 probably the most recent part of those ten

                 years must have been extremely difficult for

                 her.

                            Because, as he said when he first

                 got the disease, it was such courage to stand



                                                        3446



                 there and say "I'm going on a journey."  And

                 then she finished by saying:  "He has gone on

                 a journey, and I've lost him to that."

                            What a tremendous amount of courage

                 for both of them, and dedication to each

                 other, and the love that has kept all of that

                 together.  We can only learn from every single

                 thing that we've all talked about in one way

                 or the other here.

                            The thing that's fascinated me the

                 most is the way that Senator Paterson captured

                 the spirit of Ronald Reagan.  Senator Paterson

                 was so completely eloquent in describing a man

                 with whom he would probably argue on political

                 issues very often.  But to have the Minority

                 Leader talk about Ronald Reagan in such

                 glowing and honest terms I think tells you

                 what kind of a man Ronald Reagan was, that

                 anybody could embrace him as a man and as a

                 world leader.

                            And he will surely be missed.

                            THE PRESIDENT:    Senator Leibell.

                            SENATOR LEIBELL:    Thank you,

                 Madam President.

                            It's very interesting, as I hear my



                                                        3447



                 colleagues talk about their recollections and

                 their thoughts upon the passing of President

                 Reagan.  One of my most vivid memories was the

                 Goldwater campaign of '64.  And I can remember

                 very well my father coming in and getting me

                 and saying, "Vinnie, I want you to come hear a

                 speech."

                            And it was what later became known

                 as, I think, a classic, the Ronald Reagan

                 speech in that presidential year.  Which, even

                 though it certainly was a losing campaign for

                 the Republican candidate, it was a speech that

                 focused on issues and needs for the country

                 and energized many people.

                            It was so similar in many ways to

                 the speeches that Franklin Roosevelt had

                 given.  As we all know, that President Reagan

                 commented many times how much he admired FDR

                 and his leadership.  And it was similar in

                 tone, in many ways, to the fireside chats that

                 FDR gave.

                            Many years later, I had the chance

                 to go to the White House when I was a member

                 of the Assembly.  And I was sent down there

                 with another one of my colleagues, George



                                                        3448



                 Pataki, and we were down there to go to the

                 Rose Garden for the signing of a bill.  And it

                 rained, so the ceremony was held inside the

                 White House.  And at that time, it was one of

                 those more infrequent occurrences where both

                 the president and the vice president were

                 present.  And both of us, the now Governor and

                 I, had the chance to meet President Reagan on

                 that occasion and to speak with him.

                            And I think one thing that comes

                 out as we listen to the comments that are made

                 today and that have been made over the last

                 few days -- and it's something that speaks to

                 our system of government, which is why I think

                 we are the envy of the world -- is that

                 regardless of how we felt about a political

                 issue, regardless of how someone may have

                 voted -- in fact, it's interesting to note the

                 long lines going into the presidential library

                 in California, the number of people who said:

                 Oh, I never voted for him, but I admired him.

                            That certainly is a special thing

                 that's unique to our system of government, I

                 believe, where we can disagree -- in fact,

                 it's an honorable thing to disagree when



                                                        3449



                 necessary -- but to respect one's opponent or

                 someone who expresses a different idea.

                            And as I would look back upon

                 Ronald Reagan, I would say that here was a man

                 who was a great leader, who was not afraid of

                 any task that was in front of him, that loved

                 being with people, and that enjoyed the

                 opportunity to exchange thoughts and ideas and

                 who respected other people's opinions.

                            He was asked on a couple of

                 occasions about holding that great job of

                 president.  And one person who inquired of him

                 said, during an interview:  "This is reputed

                 to be the loneliest job in the world,

                 President of the United States, and you have

                 never seemed to feel that way about it."

                            And his response was, "I don't feel

                 it's that way.  It's a great opportunity, it's

                 a wonderful job.  I meet people, and we get to

                 live in a nice house."

                            Another occasion, certainly there's

                 no greater responsibility for a president than

                 that of commander-in-chief, where certainly

                 you have the obligation sometimes to send our

                 young people into harm's way.  It was the



                                                        3450



                 occasion of the Gulf of Sidra, where two Navy

                 aircraft shot down two opposing aircraft, and

                 he was not awakened.  It happened in the

                 middle of the night, and he was not awakened.

                            And the press was furious with

                 this -- why was he not awakened, the

                 commander-in-chief?  And he said:  "No, no,

                 I'd given orders.  If they shot us down, you

                 wake me up.  If we shoot them down, get me up

                 in the morning."

                            Here was a man who knew how to wear

                 the office of the presidency, who let the

                 world know that I am in command, that I lead a

                 great nation, and that we are not afraid to

                 face the future.  He has truly left us with a

                 great legacy.  He is known as "the Great

                 Communicator," but beyond that, beyond the

                 ability to communicate, there was truly

                 tremendous depth.

                            We will miss this great president,

                 and I think it's a wonderful thing to hear

                 members of all political persuasions recognize

                 what he did for our country and the legacy

                 that he's left behind.

                            Thank you, Madam President.



                                                        3451



                            THE PRESIDENT:    Senator Farley.

                            SENATOR FARLEY:    Thank you, Madam

                 President.

                            I hear all of these eloquent

                 tributes to a great president, Ronald Reagan.

                 Back when I was an officer in the National

                 Conference of State Legislatures and also

                 national chairman, as was Senator Marchi, of

                 the Council of State Governments, I was at the

                 White House a number of times.

                            And one time I was involved in a

                 debate on federalism which the White House was

                 very interested in, with the National

                 Conference of State Legislatures, and we won

                 it on a close vote.  And the White House

                 called my office as I'm flying back to Albany,

                 saying will the Senator be home on Saturday,

                 that they may call.

                            Well, I waited by the phone all day

                 Saturday, and nobody called.  But on Monday,

                 as I came into the Senate, I was in a

                 committee meeting and a secretary came out and

                 said, "The White House is on the phone."

                            I went back to the Senator's

                 office, and they said, "This is Operator 1,



                                                        3452



                 please call this number," and so forth, and

                 President Reagan answered.  And he spoke to me

                 for about 20 minutes or better.  I literally

                 almost had to terminate the conversation,

                 saying what a thrill it was.  And it was

                 during the Argentine crisis, I think.

                            And that night I had to fly to

                 Montreal.  And I called home, as we all must

                 do, and asked my wife how are things.  And she

                 said, "You just got a telegram from the White

                 House inviting Senator and Mrs. Farley to

                 dinner with President and Mrs. Reagan for a

                 small group of state officials."  And I says:

                 "Fantastic."  She says:  "You can't go.  It's

                 the night of Peggy's play, and you're in it."

                            So I had to send back a telegram,

                 "Dear President and Mrs. Reagan, I can't come

                 to dinner because I'm in Peggy's play," and so

                 forth.  But anyway, he did invite me down to

                 meet with him and thank me.

                            But the point I want to make with

                 President Reagan -- and so many points have

                 been made about him in being eulogized by

                 almost everybody -- I can recall as he was

                 president -- and in this chamber -- man, he



                                                        3453



                 was excoriated pretty good, by European

                 leaders, by many, many people.  Much like the

                 current president, I think.  But he stuck to

                 his guns.  And I think that even though, as

                 time took its toll, people realized what a

                 nice and decent person he was.

                            But I think the thing that

                 impressed me the most at every meeting that I

                 was at -- it was the large meetings, usually,

                 at the White House -- was his sense of humor.

                 He never ceased to break up the whole crowd

                 with his quips.  He was very quick with saying

                 something humorous and really lightening up

                 the whole situation.  He was indeed very

                 funny, and everybody could recall so many

                 things that he did, even at the convention or

                 no matter where it was, how he could always

                 break up the crowd with his humor.

                            But more important than that, he

                 was always a very formal person, very formal.

                 He would never take off his jacket in the Oval

                 Office.  And I never saw him, particularly as

                 he was operating as president, in anything but

                 a very formal situation, but he was always

                 very warm and very personable and very genuine



                                                        3454



                 and a person that I think that you could

                 immediately like.

                            And I was somewhat the filler; you

                 know, the guy that comes out and warms up the

                 crowd.  But we're waiting for our Majority

                 Leader to come back.  But I just want to say

                 welcome back into the chamber, Senator Bruno.

                            And, Madam President, as Senator

                 Bruno is here, I'm just going to say that

                 President Reagan will be sorely missed.  He's

                 been a beloved president.

                            Thank you very much.

                            THE PRESIDENT:    Thank you,

                 Senator Farley.

                            SENATOR SKELOS:    Madam President,

                 I'm going to be very, very quick.

                            You know, earlier today -- first of

                 all, if Ronald Reagan would be sitting in this

                 chamber, he'd be having a great time listening

                 to the stories.  And each story would mean

                 something to him.  Because he made every

                 single one of us who had the opportunity to

                 meet him feel good about ourselves and to feel

                 great about this country.

                            You know, earlier, Senator Bruno,



                                                        3455



                 you were kidding about -- and he would laugh

                 and be part of the whole process -- you were

                 kidding about maybe running for higher office.

                 And John Marchi leaned over to me and said he

                 would support you despite your youth and

                 inexperience.

                            (Laughter.)

                            SENATOR SKELOS:    But we all have

                 wonderful, wonderful recollections.  And I

                 guess my recollections are in 1964, in my home

                 community of Rockville Centre, I was head of

                 Youth for Goldwater.  And I think in my high

                 school there were probably two of us that were

                 involved in the Goldwater campaign.

                            In fact, the regular Republican

                 organization then had a headquarters, and they

                 would not allow -- this is during a

                 presidential year -- would not allow the

                 Goldwater group to be part of that, and we had

                 our own separate headquarters.

                            As we know, Barry Goldwater lost.

                 And, you know, I was very upset, ready to pack

                 it in; how could people vote against Barry

                 Goldwater, a good conservative.  And it really

                 wasn't until -- and I think this is what you



                                                        3456



                 said, Leader, and Jim Alesi and so many

                 others, it wasn't really until Ronald Reagan

                 came back on the scene that he ignited my

                 desire to once again be involved in politics.

                            And I'm not going to go into all

                 the details.  But there's one picture that I

                 have, and Jim Alesi mentioned it, it was when

                 he was coming to speak to the United Nations

                 in 1986 and Warren Anderson asked me to greet

                 him at the heliport.  Mayor Koch was there,

                 the U.N. ambassador.  And the picture is all

                 of us there, and I'm greeting President

                 Reagan.  Helicopter -- could barely get

                 anything out of my mouth, because he was such

                 an imposing figure.  But in the background are

                 the Twin Towers.

                            And that really means something now

                 that as we reflect Ronald Reagan, Twin Towers,

                 beautiful picture, that this nation has to

                 stay strong.  Because we are fighting another

                 evil empire right now.

                            And Ronald Reagan offered that type

                 of leadership.  And I believe we will continue

                 to get that type of leadership through the

                 resolve of the American people.



                                                        3457



                            THE PRESIDENT:    Thank you,

                 Senator Skelos.

                            In accordance with the terms of the

                 resolution, instead of a voice vote, all those

                 in favor of the resolution please signify by

                 standing for a moment of silence.

                            (Whereupon, the assemblage rose for

                 a moment of silence on the resolution.)

                            THE PRESIDENT:    Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we have an immediate meeting of the Rules

                 Committee in the Majority Conference Room.

                            THE PRESIDENT:    There will be an

                 immediate meeting of the Rules Committee in

                 the Majority Conference Room.

                            SENATOR BRUNO:    Can we at this

                 time return to the controversial reading of

                 the calendar.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 885, by Senator Larkin, Senate Print 6505, an

                 act to amend the Environmental Conservation

                 Law, in relation to promoting.

                            SENATOR SCHNEIDERMAN:



                                                        3458



                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Larkin, Senator Schneiderman has requested an

                 explanation of Calendar 885.

                            SENATOR LARKIN:    Thank you very

                 much, Mr. President.

                            You know, the background on this

                 bill is that we have a program where we donate

                 venison.  We also have a problem with deer.

                 Nobody knows it any better than me.  My wife

                 thinks she's a horticulture specialist, and

                 she plants and the next morning we go out and

                 the deer have taken everything.

                            Right out on the main highway, 218,

                 where I live, there's not a week goes by that

                 there isn't a deer been slaughtered by a

                 vehicle or a vehicle that has had total

                 damage.

                            So when we started talking about

                 the DEC, what to do with it, the DEC, the

                 Health Department got in it, Ag & Markets got

                 in it.  They said:  Look, why don't we create

                 an interagency to look at this to find out how

                 we can eliminate the problem of the deer.

                 There's millions of dollars each year that's



                                                        3459



                 been reported by the Insurance Department for

                 vehicles that have been in an accident with a

                 deer.  Some casualties.  Some personal body

                 injuries.

                            And the other thing is, is how do

                 we make the program work like we intend to?

                 Right now the department is saying that this

                 is a $120 million a year loss because we don't

                 control the deer population.  And we haven't

                 done anything.  And in controlling it, the

                 idea of a vehicle accident with the venison,

                 then clearing it and then donating it, creates

                 a lot of problems.

                            In discussion with the Department

                 of Ag & Markets this year, they estimated that

                 last year alone, the damage to crops was

                 approximately $16 million.

                            Now, you know, here in this chamber

                 about three or four years ago we talked about

                 a crop advantage so that we would turn away

                 the deer destruction of crops.  We have had no

                 luck at all.  But what we're saying now is we

                 want the Department of Environmental

                 Conservation.

                            What we've been successful in is



                                                        3460



                 everybody saying they want to be a part of it,

                 and we feel that this will ease the problem of

                 the venison that we want to give away, have an

                 opportunity to decide what are we going to do

                 to eliminate them destroying the crops, and

                 then what are we going to do about the

                 destruction on the highway of the deer, of

                 human beings and of vehicles.

                            This program, we've found so far,

                 has been successful on the venison side of it,

                 but we have not been successful in dealing

                 with the other.  And in dealing with the

                 agencies, they felt that this was a way that

                 could render some service to the problem and

                 correct it.

                            That's it.  Not much voice left.

                            ACTING PRESIDENT MEIER:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you.  On the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Hassell-Thompson, on the bull.

                            SENATOR HASSELL-THOMPSON:

                 Senator Larkin, I appreciate your explanation.

                            We had a relatively heated



                                                        3461



                 discussion in committee on this particular

                 bill, and I voted at that time without

                 recommendation purposely.  Because one of the

                 things I did not hear then that I have heard

                 now is that there is a discussion about the

                 formulation of a commission made up of several

                 organizations which will in fact explore not

                 just the immediacy but a long-range plan in

                 terms of how we go forward with deer control.

                            I am not necessarily considered to

                 be an environmentalist, but I do believe that

                 there is a necessity for humans and our

                 environment to live somewhat in a peaceful

                 coexistence.  And when by some of our actions

                 we begin to build, to the extent that we begin

                 to limit and change the environment in which

                 the animals around us live, I want us to, you

                 know, to be sure that there is a judicious way

                 and a humane way that we continue to go

                 forward with the problem.

                            I remember hearing Senator McGee

                 talk also about the extent to which it has

                 caused damage in her part of the state, and

                 the extent of the damage and what that

                 long-range damage means.  These are not just



                                                        3462



                 gardens that people create, but these are

                 crops that feed families.

                            And so that I think that it does

                 become important for us to recognize that over

                 the years the deer population has grown

                 extensively, as have the Canadian geese in

                 Westchester and some other parts of the state,

                 and there needs to be a real ongoing dialogue

                 as to what we do and how do we control that.

                 Because it's very clear that hunting is not

                 the generational sport that it used to be, and

                 so therefore we have to do something that is

                 humane.

                            And I thank you for your

                 explanation.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 55.

                            ACTING PRESIDENT MEIER:    The bill



                                                        3463



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1079, by Member of the Assembly McLaughlin,

                 Assembly Print Number 7137B, an act to amend

                 the General Business Law, in relation to

                 immigrant assistance services.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  On the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    This is a

                 piece of legislation to essentially begin the

                 process of establishing regulations in an area

                 in which we currently have none.

                            There are no regulations for the

                 many, many people in the State of New York who

                 provide services to immigrants.  There are

                 regulations, obviously, for attorneys.  But

                 the fact of the matter is we are in the midst

                 of the greatest wave of immigration in the

                 history of New York State.

                            And there are a lot of people in my

                 district who come to my office all the time



                                                        3464



                 because they are taken advantage of by

                 unscrupulous businesses that hold themselves

                 out to provide services to immigrants and

                 don't deliver the goods.  And before this

                 legislation is enacted, we really don't have

                 any state regulation over the provision of

                 these services.

                            We are in the process now of

                 setting up a clinic in Upper Manhattan, with

                 the cooperation of Columbia Law School and the

                 Legal Aid Society, to provide these services.

                            And I assure anyone who has read

                 the memos of opposition to this bill that come

                 strictly from bar associations and lawyers'

                 organizations concerned, I guess, about losing

                 business, that we could not possibly address

                 the needs of the immigrant community in

                 New York without the work of nonlawyers.

                            So this bill is absolutely

                 necessary.  We have to regulate this area.  It

                 is an area where there are really what I can

                 only describe as horror stories of abuse by

                 people holding themselves out as providing

                 services to immigrants.

                            So I'm going to vote for this bill,



                                                        3465



                 and I urge everyone to do so as well.  And the

                 issues that have been raised in the letters of

                 opposition I think really reflect the more

                 parochial concerns of lawyers who practice in

                 this area and are concerned that someone else

                 may take some of their business.

                            I assure you, we do not have enough

                 immigration lawyers in New York to provide all

                 the services we need, and there are a lot of

                 people who need help who cannot afford an

                 immigration lawyer at all.  So this is a good

                 piece of legislation.  I hope it will become

                 law.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you, Mr. President.

                            Again, this was a bill that I had

                 voted without recommendation in committee

                 because I didn't clearly understand the bill.

                 And I will admit to that, Senator Padavan.

                            But since that time, what I did do

                 was -- even though immigration is not normally

                 something that is handled in the Senate



                                                        3466



                 office, we have such a large number of

                 immigrants continually in many of our

                 communities, and so that the overflow from our

                 Congressional office always ends up with us

                 somehow.  And so we have been continually

                 making referrals.

                            But we want to be sure -- and I

                 think that what this bill does is to ensure

                 that the people that we are referring them to

                 are licensed and are appropriately able to

                 handle their cases.  We have -- we can tell

                 some horror stories as well of the numbers of

                 people who believe that they are getting their

                 citizenship and who have paid an inordinate

                 amount of money to people that nobody

                 controls, and they have gotten nothing.

                            And I even went so far as to take a

                 couple who had been recommended to me down to

                 Immigration.  And when they looked at the

                 record, they said:  "Senator, these people

                 should have been told three years ago that

                 they were never going to become citizens,"

                 because the people who were sponsoring them

                 had some wrongdoings in their record and

                 therefore were unable to be a sponsor.



                                                        3467



                            These people had lost over $10,000

                 in continual services that never rendered them

                 any kind of successful result.

                            So, Senator Padavan, again, I

                 apologize for my misunderstanding of the bill

                 in committee, and I appreciate the opportunity

                 to have the discussion on the floor today and

                 to vote yes.

                            ACTING PRESIDENT MEIER:    Senator

                 Sabini.

                            SENATOR SABINI:    Mr. President,

                 on the bill.

                            I want to congratulate the sponsor,

                 Senator Padavan, senior elected official in

                 Queens, for his foresight in moving forward

                 with this.  As our Deputy Minority Leader

                 said, a lot of attorneys have talked to us in

                 concern and outright opposition to this

                 legislation.  And I think their opposition is

                 misguided.

                            Given their druthers, they would

                 have not-for-profit organizations that have

                 serviced the immigrant community in

                 neighborhoods like mine -- organizations like

                 the Emerald Isle Immigration Center or the



                                                        3468



                 Latin American Integration Center -- and would

                 have forced them to change the way they do

                 business.  Even though the way they do

                 business has been both successful -- at no

                 profit -- and effective.  So I think the

                 criticisms of the legislation have been

                 wrongheaded.

                            And one need only read newspaper

                 accounts or walk down Roosevelt Avenue in

                 areas like Woodside and Elmhurst and Jackson

                 Heights and Corona to see a variety of people

                 who have tried to set up shop as consultants,

                 as expeditors.  And they thrive, frankly, in

                 the fear of some of the other legislation that

                 we've passed, both here and in Washington.

                            And they try to go to people they

                 trust or they think they can trust, and

                 they've been ripped off, they've been duped.

                 And in some cases their status in this country

                 has been harmed by unscrupulous advisors that

                 they've paid large sums of their hard-earned

                 cash to.

                            So I congratulate Senator Padavan

                 on this bill.  I wholeheartedly support the

                 legislation and want to urge my colleagues to



                                                        3469



                 vote yes.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 55.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Skelos, that concludes the

                 controversial reading of the calendar.

                            SENATOR SKELOS:    Thank you, Mr.

                 President.

                            If you could recognize Senator

                 Krueger.

                            ACTING PRESIDENT MEIER:    Senator

                 Liz Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  I'd like to request unanimous

                 consent to be recorded in the negative on

                 Calendar 856, Senate 5563A.



                                                        3470



                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Liz Krueger will be

                 recorded in the negative on Calendar 856.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 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.

                            ACTING PRESIDENT MEIER:    Reports

                 of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 7045, by Senator

                 Hannon, an act in relation to allowing;

                            7046, by Senator Hannon, an act to

                 authorize the assessor of the County of

                 Nassau;

                            7047, by Senator Hannon, an act

                 authorizing the assessor of the County of

                 Nassau;

                            7112, by Senator Leibell, an act to



                                                        3471



                 amend the Executive Law;

                            7282A, by Senator Spano, an act to

                 authorize;

                            7324, by Senator Oppenheimer, an

                 act to amend the Public Authorities Law;

                            7334, by Senator Padavan, an act to

                 amend the Civil Service Law;

                            7351, by Senator Little, an act to

                 amend the County Law;

                            And Senate Print 7397, by Senator

                 Kuhl, an act to amend the Public Officers Law.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos.

                            SENATOR SKELOS:    Move to accept

                 the report of the Rules Committee.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the report of the

                 Rules Committee signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The



                                                        3472



                 report of the Rules Committee is accepted.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 is there any housekeeping at the desk?

                            ACTING PRESIDENT MEIER:    Yes, we

                 have some housekeeping.

                            Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    Mr.

                 President, on page 56 I offer the following

                 amendments to Calendar Number 1230, Senate

                 Print 6822A, and ask that said bill retain its

                 place on Third Reading Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted, and the

                 bill will retain its place on the Third

                 Reading Calendar.

                            SENATOR DeFRANCISCO:    On page

                 number 54, I offer the following amendments to

                 Calendar 1195, Senate Print Number 6483, and

                 also ask that that bill retain its place on

                 Third Reading Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted, and the

                 bill will retain its place on third reading.

                            SENATOR DeFRANCISCO:    On page 32,



                                                        3473



                 I offer the following amendments to Calendar

                 830, Senate Print 6612A, and ask that that

                 bill also retain its place on the Third

                 Reading Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted, and the

                 bill will retain its place on third reading.

                            SENATOR DeFRANCISCO:    And

                 finally, on page 50, I offer the following

                 amendments to Calendar 1105, Senate Print

                 Number 5937, and ask that said bill retain its

                 place on the Third Reading Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted, and the

                 bill will retain its place on third reading.

                            Senator McGee.

                            SENATOR McGEE:    Mr. President, on

                 behalf of Senator Padavan, I wish to call up

                 his bill, Print Number 7164, recalled from the

                 Assembly, which is now at the desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1004, by Senator Padavan, Senate Print 7164,

                 an act to amend the Vehicle and Traffic Law.



                                                        3474



                            ACTING PRESIDENT MEIER:    Senator

                 McGee.

                            SENATOR McGEE:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed.

                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 55.

                            ACTING PRESIDENT MEIER:    Senator

                 McGee.

                            SENATOR McGEE:    Mr. President, I

                 now offer the following amendments.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted.

                            Senator McGee.

                            SENATOR McGEE:    Mr. President, on

                 behalf of Senator Skelos, I wish to call up

                 his bill, Print Number 5156B, recalled from

                 the Assembly, which is now at the desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 267, by Senator Skelos, Senate Print 5156B, an

                 act to amend the Public Health Law.



                                                        3475



                            SENATOR McGEE:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed.

                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 55.

                            SENATOR McGEE:    Mr. President, I

                 now offer the following amendments.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted.

                            Senator McGee.

                            SENATOR McGEE:    Mr. President, on

                 behalf of Senator Golden, I wish to call up

                 his bill, Senate Print Number 6516A, which is

                 at the desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 895, by Senator Golden, Senate Print 6516A, an

                 act to amend the General Municipal Law.

                            SENATOR McGEE:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed and ask that the bill be

                 restored to the order of third reading.



                                                        3476



                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 55.

                            ACTING PRESIDENT MEIER:    The bill

                 is restored to the order of third reading.

                            SENATOR McGEE:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Thank

                 you, Senator McGee.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there being no further business to come before

                 the Senate, I move we stand adjourned, in

                 memory of President Ronald Reagan, until

                 Thursday, June 10th, at 11:00 a.m.

                            ACTING PRESIDENT MEIER:    On

                 motion, the Senate stands adjourned, in memory

                 of President Ronald Wilson Reagan, until

                 Thursday, June 10th, at 11:00 a.m.

                            (Whereupon, at 1:40 p.m., the

                 Senate adjourned.)