Monday, January 14, 2002

The Secretary will read.

THE SECRETARY:Senator Volker, from the Committee on Codes, reports the following bills:

Senate Print 58, by Senator Skelos, an act to amend the Civil Practice Law and Rules;

59, by Senator Skelos, an act to amend the Criminal Procedure Law;

84, by Senator Hoffmann, an act to amend the Penal Law;

210, by Senator Volker, an act to amend the Criminal Procedure Law;

852, by Senator Balboni, an act to amend the Penal Law;

1450, by Senator Rath, an act to amend the Penal Law;

1534, by Senator Johnson, an act to amend the Penal Law;

2198, by Senator Wright, an act to amend the Penal Law;

2711, by Senator Padavan, an act to amend the Penal Law;

3236, by Senator Leibell, an act to amend the Penal Law;

3413, by Senator Rath, an act to amend the Penal Law;

5793, by Senator Volker, an act to amend the Criminal Procedure Law;

5823, by Senator Balboni, an act to amend the Criminal Procedure Law and others;

And Senate Print 5849, by Senator Skelos, an act to amend the Penal Law.

Senator Seward, from the Committee on Insurance, reports the following bills:

Senate Print 4641B, by Senator Seward, an act to amend the Insurance Law;

5494, by Senator Seward, an act to amend the Insurance Law;

5584, by Senator Seward, an act to amend the Insurance Law;

And 6058, by Senator Seward, an act to amend the Insurance Law.

All bills ordered direct to third reading.

THE PRESIDENT:Without objection, all bills reported direct to third reading.

Reports of select committees.

Communications and reports from state officers.

Motions and resolutions.

Senator Maltese.

SENATOR MALTESE:Madam President, I move that the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause: 2679A, 4913A.

THE PRESIDENT:So ordered, Senator.

SENATOR MALTESE:Thank you.

THE PRESIDENT:Senator Skelos.

SENATOR SKELOS:Madam President, there's a privileged resolution, 3745, at the desk, by Senator DeFrancisco. Could we have it read in its entirety and move for its immediate adoption.

THE PRESIDENT:The Secretary will read.

THE SECRETARY:By Senator DeFrancisco, Legislative Resolution Number 3745, congratulating the Onondaga Central Junior-Senior High School Football Team and Coach Bill Spicer on their outstanding season and capture of the Class D New York State Football Championship.

"WHEREAS, It is the belief of this Legislative Body that excellence and success in competitive sports can be achieved only through strenuous practice, team play and group spirit, nurtured by dedicated coaching; and

"WHEREAS, It is also acknowledged that athletic competition enhances the moral and physical development of the young people of this state, preparing them for the future by instilling in them the value of teamwork, encouraging a standard of healthy living, imparting a desire for success, and developing a sense of fair play and competition; and

"WHEREAS, One such team that embodies the traits essential to success in competitive sports is the Onondaga Central Junior-Senior High School Football Team, the 'Tigers,' who, through its exceptional teamwork and talents, captured the Class D State Championship Title on December 1, 2001; and

"WHEREAS, Climaxing a 13-0 season, the Tigers not only made Onondaga Central Junior-Senior High School League history, but their victory marked the first time since state playoffs began in 1993 that a football team from the OHSL has won a state title; and

"WHEREAS, Moreover, Onondaga Central's all-state tailback, sophomore Mike Hart, who scored four touchdowns and rushed 36 times for 337 yards in the championship game, broke all state records for most touchdowns, most points, and most running yards in one season; and

"WHEREAS, The athletic talent and superb spirit displayed by this outstanding team is due in great part to the efforts of Coach Bill Spicer, and his able assistant coaches, Paul Taylor, Jeff Pierce, Rick Bailey, and Victor Zampetti. Also to be commended are volunteer coaches Dave Pierce and Sean Colfer; and

"WHEREAS, The team members are: Chad Amidon, Robert Bailey, Kyle Borne, Ricky Bova, Tom Brownell, Marty Brunner, Travis Burton, Donald Cummings, Jacob Cummings, Mac Cushing, Joe DelVecchio, Cory Dill, Andrew Flynn, Caleb Golembiewski, Adam Goodman, Justin Graham, Mike Hart, Travis Hass, Ryan Hotaling, Aaron Johnson, Adam Legg, Pete Majewski, John Manley, Kyle Martin, Chris Mayotte, Mike McAuliffe, Pat Neuman, Carl Runge, Paul Runge, James Sanford, Jesse Schneider, Matt Scriber, Hodges Sneed, Brandon VanSlyke, Kurt Wasilewski, Jon Whipple, Dan Willis, and Shane Zehr; and

"WHEREAS, In both athletics and school spirit, these team members have proven themselves to be an outstanding combination of talents, reflecting favorably upon their school, their parents, their friends, and their community; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to congratulate the Onondaga Central Junior-Senior High School Football Team, and Coach Bill Spicer and his staff, on their successful season, overall team record, and capture of the New York State Boys Class D Championship; and be it further

"RESOLVED, that copies of this resolution, suitably engrossed, be transmitted to the Onondaga Central Junior-Senior High School Football Team and to Coach Bill Spicer."

THE PRESIDENT:Senator DeFrancisco.

SENATOR DeFRANCISCO: Thank you, Madam President.

I am very, very proud to rise and congratulate this fine team, these wonderful gentlemen; they're here with us. It's just an incredible record, a perfect record -- I wish we had a perfect record here, or somewhat perfect -- a perfect record, and winning a state championship is just an outstanding accomplishment. And from what I hear from the coach, they're also outstanding young men and will be leaders of the future in our community.

It was read, the whole resolution was read, but since the numbers weren't read, I thought some of you -- especially Senator Stachowski will appreciate this, being an old -- not an old football player, but a former football player in college.

An all-state record for Mike Hart, sophomore: 51 touchdowns, most touchdowns; most points, 312; and most running yards 3,341 -- in one season. That has something to do with an offensive line. And the fact that the defensive team could stop the other team resulted in a 13 and 0 record.

I got to meet some of these gentlemen, or all of them, some of them a little bit better than others, as we had a luncheon this afternoon. And I'll tell you, I second what the coach has said. These are fine young men who are going to do great things.

Thank you for being with us. Make sure that you keep following the rules you're learning in competitive sports. You can't do it alone, but together you can do anything you want to do.

Thank you for coming.

THE PRESIDENT:Senator Stachowski.

SENATOR STACHOWSKI:Madam President.

John, you were right the first time; "old" is the proper term.

I just also would like to rise on behalf of our side to congratulate these young men. It takes a lot to be undefeated. It takes a lot to win a state championship. And it takes a lot to have a great running back, because the linemen have to work so hard to make sure he's got holes to get through, besides the God-given natural talent that he has.

So I'd just like to add my congratulations. And also congratulations to the coaching staff, whose hard work and dedication prepared these young men to have the great season that they had.

Thank you.

THE PRESIDENT:Senator Hoffmann.

SENATOR HOFFMANN:I'd like to rise and join my colleagues in congratulating these outstanding young men, and thank Senator DeFrancisco for being kind enough to bring them to the Capitol today so that they could be here for everybody to meet and greet and congratulate them.

They're a group of people who have defeated some of the teams in my Senate district. Our districts adjoin each other. And although I don't represent any of this particular group, I know that I represent some of their adversaries. And the people that you vanquished on the playing field would also join me in sending their congratulations today, because it's good sportsmanship that we all want to remember when the game is over.

We hope that you recognize today that you have the admiration and the respect of all of the people in this room. We engage in our own little activities -- not on the sporting field, but at election time -- and try to put those things beside us afterwards to go on to practice good citizenship. And we hope out of this visit today that you'll all remember that throughout your lives ahead.

Congratulations, gentlemen.

THE PRESIDENT:The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

THE PRESIDENT:Opposed, nay.

(No response.)

THE PRESIDENT:The resolution is hereby adopted.

As President of the Senate and on behalf of the Senate, I want to congratulate the football team on your outstanding accomplishments and your team playing that has led you already to so much success. We know that that team-playing atmosphere and your achievements will serve you well in all you do in life.

Best wishes to all of you.

(Applause.)

THE PRESIDENT:Senator Rath.

SENATOR RATH:Madam President, there will be an immediate meeting of the Rules Committee in the Senate Majority Conference Room.

THE PRESIDENT:There will be an immediate meeting of the Rules Committee in the Majority Conference Room.

Senator Rath.

SENATOR RATH:There is a privileged resolution at the desk by Senator Morahan. May we have the title read, please.

THE PRESIDENT:The Secretary will read.

THE SECRETARY:By Senator Morahan, Legislative Resolution Number 3746, paying tribute to New York State members of the Veterans of Foreign Wars upon the occasion of the visit of their representatives to the State Capitol, Albany, New York, on Monday, January 14, 2002.

THE PRESIDENT:The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

THE PRESIDENT:Opposed, nay.

(No response.)

THE PRESIDENT:The resolution is adopted.

Senator Rath.

SENATOR RATH:Madam President, if we can return to the reports of standing committees, I believe there is a Transportation Committee report at the desk.

THE PRESIDENT:Reports of standing committees.

The Secretary will read.

THE SECRETARY:Senator Trunzo, from the Committee on Transportation, reports the following bills:

Senate Print 6070, by Senator Marcellino, an act to amend the Highway Law;

And Senate Print 6027, by Senator Seward, an act to amend Chapter 569 of the Laws of 1981.

Both bills ordered direct to third reading.

THE PRESIDENT:Without objection, all bills ordered direct to third reading.

Senator Rath.

SENATOR RATH:Madam President, if we could stand at ease for the moment. Thank you.

THE PRESIDENT:The Senate is at ease.

(Whereupon, the Senate stood at ease at 3:35 p.m.)

(Whereupon, the Senate reconvened at 3:39 p.m.)

THE PRESIDENT:The Senate will please come to order.

Senator Bruno.

SENATOR BRUNO:Madam President, can we ask for an immediate meeting of the Local Government Committee in Room 332.

THE PRESIDENT:There will be an immediate meeting of the Local Government Committee in Room 332.

Senator Bruno.

SENATOR BRUNO:Madam President, can we at this time take up Senate 6070.

THE PRESIDENT:The Secretary will read Senate Bill 6070.

THE SECRETARY:Calendar Number 1, by Senator Marcellino, Senate Print 6070, an act to amend the Highway Law, in relation to designating a portion of the state highway system as the Ralph J. Marino Expressway.

THE PRESIDENT:Senator Bruno.

SENATOR BRUNO:Thank you, Madam President.

The bill that we have before us will be renamed in the honor of our immediate predecessor as majority leader, Ralph Marino. It's the Seaford-Oyster Bay State Road that is being renamed in his honor.

And I don't have to remind anyone in this chamber and anyone that is aware of an honor like this being bestowed how deserving it is. Senator Marino, as a senator, distinguished himself in this chamber. As a leader, he led in some landmark legislation that affects not only his constituency but people throughout this entire state. So the work that he has done as a legislator is a legacy all its own.

And we're fortunate that we in this chamber can be voting on something like this and bestowing such an honor at this time in our previous leader's life.

So I am proud to speak on its behalf and ask that all of my colleagues and all of you that are sponsoring or want to sponsor this legislation, we'll just take you as part of what is happening here today. And Senator Marcellino, who has followed in that district, is carrying this legislation.

And I want to just say to Ralph's wife, Ethel, and his children -- Judith, James, and Bob -- that they have all been part of what goes on in his legislative life, just like our families are part of our lives, and this is a credit to the entire family.

Thank you, Madam President.

THE PRESIDENT:Senator Marcellino.

SENATOR MARCELLINO:Thank you, Madam President.

Senator Marino is a good friend. He has been a good friend to everybody who he served with during his tenure in the Senate, more than 25 years as a senator, and since 1989 as the majority leader prior to the current majority leader, Joe Bruno.

Ralph had a very warm, caring has a very warm and caring personality. He is suffering from cancer right now and is in a fight, and we all wish him well and keep him in our prayers constantly.

He is well liked in the district to this day. He can't walk down a street without getting people stopping him constantly, asking him how are things going. And although my press person assures me otherwise, there are still several people in the district who still think he's the senator for the Fifth Senate District on Long Island. But I've been working hard to overcome that.

When I first met Ralph, he was not the majority leader, he was just a senator. And I had run for town office, and Ralph said, "Good job, it's a good stepping stone. Keep it up." You know, "You're the kind of guy we want up here, the kind of guy we want in the Senate one day."

Sometime later he was majority leader and I was a candidate for countywide office, and I lost the election by some 500 votes out of a half a million cast. And I came up in a meeting and Ralph took me aside and he said to me, he says, "Listen," he says, "There's more time, and there's life after defeat." He says, "There's plenty of time to come back." He says, "I've lost elections too. I came back. You'll do the same."

He's a good man, a caring person who led this chamber well. His chief legislation for open government, one of his chief concerns; creator of the FOIL, Freedom of Information Act, RICO law, and many other landmark pieces of legislation in his tenure in the Senate.

Renaming a road -- the Seaford-Oyster Bay Expressway, as we know it, will be called the Ralph J. Marino Expressway effective as soon as this bill is passed and signed into law, and we know it will be -- is an honor that Ralph appreciates. He's aware of it. I spoke to Ethel this morning and she's very pleased, as is the senator.

So, ladies and gentlemen, keep Ralph in your prayers. And I know his wishes are with us, his thoughts are with us constantly. His current law office is just down the hall from mine, and he drops in routinely. And I've called on him on a number of occasions for issues and concerns and his advice on local issues.

And he comes in every once in a while and says, "What's going on up in Albany? Give me the facts. Give me the some of the stuff," and we sit down and have a good meeting. So he's never left this place out of his thinking and I am sure never forgot anybody here who he served with and never will.

So it is a pleasure to have this done as the first bill of this session, of the new session, to honor a man I consider to be a good friend and a true prototype of what a senator should be all about and, as we would say on the North Shore, a true gentleman.

Thank you, Madam President.

THE PRESIDENT:Senator Connor.

SENATOR CONNOR:Thank you, Madam President.

Madam President, I rise to add on behalf of my colleagues on this side of the aisle our support for this measure and our best wishes to Ralph Marino and his family. And certainly our prayers are with him.

I served -- as the senior member in service on this side of the aisle, I served with Ralph for many years. A long time ago my office in the old State Office Building at 270 Broadway was right next door to the office that Ralph had when he was the chair of the I guess it was the Commission on Crime or the Crime Commission, whatever they called it then. And he took that responsibility quite seriously and was there quite often. We'd stop in and say hi. We were neighbors.

He also sometimes would stop in. A little quirk in the civil rights bill requires that before they could swear a witness there, they had to have at least a member of both the minority and the majority present. So many a time Ralph would stop by and say, to this young senator who was his next-door neighbor, "Would you do me a favor? Would you come on in? We have a witness that we want to swear, take testimony from, and I need a Democrat there." And I would do it.

So we had many occasions, both in business and just chatting as colleagues. And I always regarded Ralph as a friend, still regard him as a friend.

And we all wish him well and our prayers are with him, with Ethel, and with his family.

Thank you, Madam President.

THE PRESIDENT:Senator LaValle.

SENATOR LAVALLE:Yes, Madam President. I rise to support this legislation naming the Seaford-Oyster Bay Expressway the Ralph J. Marino Expressway.

Ralph started his career in government as a councilman in the town of Oyster Bay and certainly served there for many, many years before coming to the State Senate.

As I recall, going back in history, there was a proposal early on in Senator Marino's career in which Governor Rockefeller wanted to extend the Seaford-Oyster Bay Expressway to build a bridge across the sound to Rye, naming that bridge the Rye-Oyster Bay Expressway Bridge. And of course his constituents at the time vehemently opposed that extension.

So this highway, the Seaford-Oyster Bay Expressway, was something that was very central in his both governmental and political life. So it is very, very fitting that today this body pass this legislation designating this highway that occupied so much of the energy and time of a member of this body.

And, of course, in recognizing, as Senator Bruno indicated, his role not only on Long Island but statewide in serving in this body as both a member and as its majority leader.

Thank you, Madam President.

THE PRESIDENT:Senator Volker.

SENATOR VOLKER:Madam President, thank you very much.

I want to rise also to support this legislation and, as Senator LaValle said and Senator Bruno, Senator Connor, I too knew Ralph extremely well and have remained in contact with him. And he has had a difficult period.

This bridge, the bridge issue that Senator LaValle talked about, Ralph used to say that he and I sort of cut our teeth on similar positions. Ralph cut his teeth on opposing a major proposal from Nelson Rockefeller, and so did I. And in fact, that's a major reason why I'm in the Senate, because the governor and I fought over a couple of issues and he had more power than I did.

But in any case, I just want to say to the body that Ralph Marino was a fine gentleman, a quiet, soft-spoken guy who probably was the kind of person that typified his constituents, it seems to me, as much as any person that previously had served from Long Island. He knew his constituents, he knew Long Island. He fought very hard for a great many issues. And I think it's really something that is in keeping with he as the gentleman he is that his name should be put on a highway.

When I was down on Long Island not too long ago, I was driving out toward the end of the island, and there is a highway out there named for former Senate Norman Levy. And I couldn't help but think that we have had and still remain having some of the best legislators I think in Long Island history in this house right now and in the place of Ralph Marino. And I think this legislation just points out the fact that he was a great legislator and a fine gentleman.

THE PRESIDENT:Does any other member wish to be heard on this bill?

Senator Skelos.

SENATOR SKELOS:Madam President, thank you very much.

And I want to thank Senator Marcellino for introducing this legislation.

You know, like anything in life, at times there are differences of opinion between members, and certainly on legislation and other parts of our life, but it doesn't necessarily mean that you not have a tremendous amount of respect for the ability of that person as a legislator.

Ralph Marino was an excellent legislator. In the area of crimes and correction, in the area of banks, he was an innovator. I believe my colleagues have spoken about some of his initiatives. Whether it's open meeting laws, breathing fresh air into our lives and so many other lives in government, Ralph was at the forefront.

Ralph right now is struggling. He is having a difficult time. But it is our hope that he will have a full recovery, be able to continue his life with the family that he loves so much, his wife, his children, his grandchildren.

And nothing can be better done for Ralph right now than to name the Seaford-Oyster Bay the Ralph J. Marino Expressway, because certainly there is a political history that exists with that expressway. For those of you who have traveled north on it, it just stops around the Woodbury area. And there is a story out there -- I don't know whether it's true or not -- but that a number of years ago, between Ralph Marino and Joe Reilly, whenever there would appear to be a difficult election coming, that Governor Rockefeller would announce a bridge was going to be built from the end of the Seaford-Oyster Bay Expressway to Connecticut -- right, Marty? And Marino and Reilly would stop it, and it would be a great November.

Now, I don't know if that story is true. But there is a political history, certainly a personal history to the Seaford-Oyster Bay Expressway.

And, Carl, I want to thank you for this legislation today. Certainly Ralph is most deserving of it.

THE PRESIDENT:Senator Marcellino.

SENATOR MARCELLINO:Madam President, can we open the resolution to all members of the house unless otherwise requested.

THE PRESIDENT:If any member does not want their name on this resolution they'll please

SENATOR CONNOR:Bill.

THE PRESIDENT:-- this bill, they'll please notify the desk.

Senator Connor.

SENATOR CONNOR:Yes, thank you, Madam President.

Since this is a bill, can we waive buck-slipping it and the formal procedures, if it's all right with the clerk, and add all the Democrats? Thank you.

Thank you.

THE PRESIDENT:Senator Bruno.

SENATOR BRUNO:Yes, we can, Madam President.

THE PRESIDENT:All members will be sponsors of this legislation.

SENATOR CONNOR:Thank you.

THE PRESIDENT:Senator Alesi.

SENATOR ALESI:Thank you, Madam President.

After listening to my colleagues here, it strikes me that I never had the honor or privilege of serving in the Senate when Senator Marino was here. But I'm very pleased to hear the accolades that I'm sure are so applicable to this great senator, primarily because, as a cosponsor of this legislation, I recently hired a young man from SUNY Geneseo who only just a few days ago it became known to me is the nephew of Senator Marino.

And so I'm very pleased to have the opportunity for him to be sitting behind me here today listening to these accolades and this resolution.

THE PRESIDENT:Does any other member wish to be heard?

Read the last section.

THE SECRETARY:Section 3. This act shall take effect immediately.

THE PRESIDENT:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 56.

THE PRESIDENT:The bill is passed.

Senator Bruno.

SENATOR BRUNO:Madam President, can we ask for an immediate meeting of the Education Committee in the Majority Conference Room, followed immediately by a meeting of the Higher Education Committee in the same room.

Thank you.

THE PRESIDENT:There will be an immediate meeting of the Education Committee in the Majority Conference Room, followed by a meeting of the Higher Education Committee in the Majority Conference Room.

Senator Bruno.

SENATOR BRUNO:Madam President, can we at this time return to the reports of standing committees. I believe there are some reports at the desk from standing committees. I'd ask that they be reported at this time.

THE PRESIDENT:Reports of standing committees.

The Secretary will read.

THE SECRETARY:Senator Bruno, from the Committee on Rules, reports the following bill direct to third reading:

Senate Print 6040, by Senator Volker, an act to amend the Tax Law.

THE PRESIDENT:Senator Bruno.

SENATOR BRUNO:Move to accept the report of the Rules Committee.

THE PRESIDENT:The motion is to accept the report of the Rules Committee. All in favor signify by saying aye.

(Response of "Aye.")

THE PRESIDENT:Opposed, nay.

(No response.)

THE PRESIDENT:The motion is passed.

The Secretary will read.

THE SECRETARY:Senator Rath, from the Committee on Local Government, reports the following bills:

Senate Print 1094, by Senator Volker, an act to amend the Real Property Tax Law;

1422, by Senator LaValle, an act to amend the General Municipal Law;

1533, by Senator Volker, an act authorizing;

2131, by Senator Seward, an act to amend the Town Law;

2499A, by Senator Leibell, an act to amend the Real Property Tax Law;

2589, by Senator LaValle, an act to amend Chapter 554 of the Laws of 1996;

3560, by Senator McGee, an act to amend the General Municipal Law;

3676, by Senator Rath, an act to amend the Real Property Tax Law;

4095, by Senator Rath, an act to amend the Local Finance Law;

And 4339, by Senator McGee, an act to amend the Real Property Tax Law.

All bills ordered direct to third reading.

THE PRESIDENT:Without objection, all bills ordered direct to third reading.

Senator Bruno.

SENATOR BRUNO:Madam President, is there any housekeeping left at the desk?

THE PRESIDENT:No, there isn't, Senator.

SENATOR BRUNO:Thank you, Madam President.

Madam President, I would ask that we stand at ease pending the reports of the standing committees that are presently meeting.

THE PRESIDENT:The Senate stands at ease.

(Whereupon, the Senate stood at ease at 4:00 p.m.)

(Whereupon, the Senate reconvened at 4:30 p.m.)

ACTING PRESIDENT MEIER:Senator Larkin.

SENATOR LARKIN:Mr. President, can we return to reports of standing committees.

ACTING PRESIDENT MEIER:Reports of standing committees.

The Secretary will read.

THE SECRETARY:Senator Kuhl, from the Committee on Education, reports the following bills:

Senate Print 110A, by Senator Marcellino, an act to amend the Education Law;

424, by Senator Skelos, an act to amend the Education Law;

426, by Senator Skelos, an act to amend the Education Law;

473A, by Senator Alesi, an act to amend the Education Law;

And 2878B, by Senator Morahan, an act authorizing.

Senator LaValle, from the Committee on Higher Education, reports:

Senate Print 4889, by Senator LaValle, an act to amend the Education Law;

6042, by Senator LaValle, an act to amend the Education Law;

And 6043, by Senator LaValle, an act to amend the Education Law.

All bills ordered direct to third reading.

ACTING PRESIDENT MEIER:Without objection, all bills directly to third reading.

Senator Larkin.

SENATOR LARKIN:Is there any housekeeping?

ACTING PRESIDENT MEIER:There is none.

SENATOR LARKIN:There being no further business, I move we adjourn until Tuesday, January the 15th, at 11:00 a.m.

ACTING PRESIDENT MEIER:On motion, the Senate stands adjourned until Tuesday, January 15th, at 11:00 a.m.

(Whereupon, at 4:31 p.m., the Senate adjourned.)