Tuesday, February 2, 1993

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 February 2, 1993 11 3:16 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: The 3 Senate will come to order. Senators will find 4 their seats. If you will please rise with me 5 for the Pledge of Allegiance to the Flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag. ) 8 Today in the absence of clergy, 9 we'll bow our heads for a moment of silence. 10 (A moment of silence was 11 observed. ) 12 Secretary will begin by reading 13 the Journal. 14 THE SECRETARY: In Senate, 15 Monday, February 1st. The Senate met pursuant 16 to adjournment, Senator Farley in the Chair upon 17 designation of the Temporary President. Prayer 18 by Rabbi Dr. Samuel I. Cohen, Executive 19 Vice-president of the Jewish National Fund, of 20 Lawrence, New York. The Journal of Friday, 21 January 29th was read and approved. On motion, 22 Senate adjourned. 23 ACTING PRESIDENT FARLEY: Hearing 1 no objection, the Journal will stand approved as 2 read. 3 The order of business: 4 Presentation of petitions. 5 Messages from the Assembly. 6 Messages from the Governor. 7 Reports of standing committees. 8 We have a report of a standing committee. The 9 Secretary will read. 10 THE SECRETARY: Senator Mega, 11 from the Committee on Judiciary, reports the 12 following bills directly for third reading: 13 Senate Bill Number 240, by 14 Senator Bruno, an act to amend the General 15 Obligations Law; 16 Senate Bill Number 442, by 17 Senator Stafford and others, Real Property Law; 18 Senate Bill Number 573, by 19 Senators Cook and DeFrancisco, an act to amend 20 the Lien Law. 21 Senator Skelos, from the 22 Committee on Aging, reports the following bills 23 directly for third reading: 1 Senate Bill Number 463, by 2 Senator Holland, amends Chapter 779 of the Laws 3 of 1986; 4 Senate Bill Number 631, by 5 Senator Skelos and others, an act to amend the 6 Executive Law; 7 Senate Bill Number 718, by 8 Senator Farley, authorize state aid to the town 9 of Hadley. 10 Also Senator Levy reports the 11 following bills from the Committee on 12 Transportation directly for third reading: 13 Senate Bill Number 73, by Senator 14 Levy, Vehicle and Traffic Law, right-of-way in 15 crosswalks; 16 Senate Bill Number 74, by Senator 17 Levy, an act to amend the Highway Law and the 18 Executive Law; 19 Senate Bill Number 78, by Senator 20 Levy, an act to amend the General Business Law; 21 Senate Bill Number 435, by 22 Senator Stafford, an act to amend the Highway 23 Law; 1 Senate Bill Number 610, by 2 Senators LaValle and Cook, an act to amend the 3 Vehicle and Traffic Law; and 4 Senate Bill Number 678, by 5 Senator Saland, an act to amend the Highway Law, 6 arterial highway in the city of Beacon. 7 All bills reported directly for 8 third reading. 9 ACTING PRESIDENT FARLEY: All 10 bills are reported directly to third reading 11 without objection. 12 SENATOR TULLY: Mr. President. 13 ACTING PRESIDENT FARLEY: Hold on 14 just a second, Senator Tully. What's -- go 15 ahead, Mr. Secretary. 16 THE SECRETARY: Senator Stafford, 17 from the Committee on Finance, reports the 18 following nomination: Member of the State 19 Commission on Correction, Thomas Joseph Goldrick 20 of Blauvelt. 21 ACTING PRESIDENT FARLEY: Senator 22 Holland. 23 SENATOR HOLLAND: Yeah, I'd like 1 to say a few words about my good friend, Tom 2 Goldrick. We've done a little bit of research 3 also, and I'd like to tell you about that. 4 Tom has been a friend for many, 5 many years, but at 18 he joined the United 6 States Army and joined the 85th Infantry Combat 7 Division, part of the Fifth Army, and stayed 18 8 months as a foot soldier in Italy. He was 9 awarded a Purple Heart. When he came back, he 10 was assigned as an M.P. on Governor's Island and 11 this laid the groundwork for his future 12 assignments. 13 He was assigned to the 44th 14 Precinct in the Bronx after graduating from the 15 Police Academy. Tom became community relations 16 officer, because -- and I can attest to this - 17 of his natural ability to help and communicate 18 with others. He started summer vacation 19 programs with community kids whose parents 20 couldn't afford to send their children to camp. 21 This helped nearly 600 kids get placed in camps 22 all over the Northeast. 23 In connection with his youth 1 work, Tom established citizens councils that 2 worked to promote activities for kids in the 3 44th Precinct. 4 In 1959, Tom and his wife Mary 5 moved to Rockland County. Mary -- where Mary 6 became a school teacher and, in fact, taught 7 many of my children in school. Tom himself 8 returned to school in 1959, via a New York 9 Police Department program, and worked hard for 10 seven years to receive his degree from John Jay 11 College. 12 After 20 years of service with 13 the New York P.D., Tom decided to pursue other 14 pursuits and became a teacher. He also returned 15 to school to earn his Master's degree in 16 criminal justice and, after that, became 17 chairman of the criminal justice program at the 18 Rockland Community College, and I took a couple 19 of courses under his direction. 20 After years of teaching and still 21 being interested in law enforcement, Tom decided 22 to run for sheriff of Rockland County. He was 23 elected right away, and he has been an excellent 1 sheriff, an interested sheriff, for ten years in 2 Rockland County, until he recently retired. 3 Tom, I believe from personally 4 knowing him for many years, is a very competent, 5 capable, personable father, policeman, he's an 6 excellent singer, and that's the way he got 7 elected all the time in Rockland County. He 8 went around to all the dinners singing. Isn't 9 that true, Tom? 10 It is really my pleasure to 11 endorse a good friend, Tom Goldrick, for this 12 position. 13 ACTING PRESIDENT FARLEY: On the 14 nomination, all in favor say aye. 15 (Response of "Aye.") 16 Those opposed nay. 17 (There was no response. ) 18 The nominee is confirmed. 19 Tom Goldrick is with us in the 20 chamber and, on behalf of the Senate, let me 21 congratulate you and wish you well. That's 22 quite an endorsement that Senator Holland gave 23 you. Best wishes. 1 (Applause) 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 I move we adopt the Resolution Calendar. 5 ACTING PRESIDENT FARLEY: 6 Secretary will read the numbers of the 7 Resolution Calendar. The whole Resolution 8 Calendar, all in favor of adopting the 9 Resolution Calendar say aye. 10 (Response of "Aye.") 11 Those opposed nay. 12 (There was no response. ) 13 The Resolution Calendar is 14 adopted. 15 SENATOR GOLD: Oh, Mr. President. 16 ACTING PRESIDENT FARLEY: Wait a 17 second. Senator Tully. 18 SENATOR GOLD: Yeah. 19 SENATOR TULLY: On the Resolution 20 Calendar. 21 SENATOR GOLD: Yeah, I rise to 22 say yes. After Senator Tully, though, could you 23 please call Senator Jones. 1 ACTING PRESIDENT FARLEY: I 2 certainly shall. 3 SENATOR TULLY: Mr. President, 4 may I have Resolution 319 read, please. 5 ACTING PRESIDENT FARLEY: The 6 Secretary will read Resolution Number 319. 7 THE SECRETARY: Legislative 8 Resolution commemorating Hope Day in New York 9 State on Friday, February 12th, 1993. 10 SENATOR TULLY: Mr. President, 11 this resolution acknowledges the efforts of the 12 New York Chiropractic Council in sponsoring the 13 second annual Hope Day helping other people 14 eat. 15 In 1992, Hope Day raised 50,000 16 pounds of food for hungry men, women and 17 children throughout New York. This food was 18 donated by chiropractic patients who received 19 their examinations from over 60 Hope Day doctors 20 of chiropractic, in exchange for their 21 contributions of non-perishable food. 22 I hope you'll all join me in 23 wishing the Chiropractic Council the best of 1 health, an even more successful year, and at 2 this time, Mr. President, I would like to offer 3 this resolution up to anyone who would like to 4 join me in sponsoring it. 5 Thank you. 6 ACTING PRESIDENT FARLEY: If you 7 would please let the desk know if you'd like to 8 be a sponsor of the chiropractic resolution. 9 The resolution has already been 10 adopted. 11 Senator Jones. 12 SENATOR JONES: I -- yes. I 13 would like to open up Resolution 320 for anyone 14 who would like to sponsor it, and we are holding 15 an event in my home town to honor Jack Perry for 16 his years of service in the 54th Senate 17 District, and to my town of Irondequoit, and I 18 don't have to tell any of you about Jack because 19 I'm sure he spent more time here with all of you 20 than he did with us. 21 But I would just say from where I 22 come from, Jack was one person at home who 23 always put what he believed in ahead of his 1 party. He was his own person, and he always 2 supported an issue regardless of who proposed 3 it. Education always found a friend in Jack and 4 he went from being an educator himself as you 5 well know, to fighting for the rights of 6 children through legislation. 7 Jack is one who spoke, as you 8 well know, to reform time and again in spite of 9 his agenda seeming to fall on deaf ears. No one 10 ever came to Jack's office and got an insincere 11 platitude. You might have walked away not 12 liking his answer, but if he committed to help 13 you, you knew the job would be done. 14 As I do say so often in 15 Rochester, it took two of us to replace Jack 16 Perry, and I, frankly, am pleased to be one of 17 them. 18 ACTING PRESIDENT FARLEY: On the 19 resolution on Senator Jack Perry, anybody that 20 wishes to be on it, please notify the desk right 21 now. 22 We have a substitution. 23 Secretary will read a substitution. 1 THE SECRETARY: On page 4 -- on 2 page 4 of today's calendar, Senator Cook moves 3 to discharge the Committee on Investigations, 4 Taxation and Government Operations from Assembly 5 Bill Number 2253 and substitute it for the 6 identical Calendar Number Third Reading 33. 7 ACTING PRESIDENT FARLEY: Without 8 objection, substitution ordered. 9 Senator Present, do you have some 10 things to hand up? 11 Senator Present, do you wish to 12 go to non-controversial? 13 SENATOR PRESENT: 14 Non-controversial, please. 15 ACTING PRESIDENT FARLEY: 16 Secretary will read non-controversial. 17 THE SECRETARY: On page 4, 18 Calendar Number 4, by Senator Kuhl. 19 SENATOR GOLD: Lay aside. 20 ACTING PRESIDENT FARLEY: Laid 21 aside. 22 SENATOR KUHL: Mr. President. 23 ACTING PRESIDENT FARLEY: Senator 1 Kuhl. 2 SENATOR KUHL: Would you put a 3 sponsor's star on that bill, please? 4 ACTING PRESIDENT FARLEY: 5 Calendar Number 4 is starred at the request of 6 the sponsor. 7 THE SECRETARY: Calendar Number 8 17, by Senator Holland, Senate Bill Number 205 9 A, an act to amend the Criminal Procedure Law. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 1st day of 14 November. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 49. 19 ACTING PRESIDENT FARLEY: That 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 27, by Senator Levy, Senate Bill Number 67, an 23 act in relation to requiring the Department of 1 Motor Vehicles to inform the public of problems 2 associated with nighttime driving. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 SENATOR GOLD: Last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT FARLEY: Call 9 the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 27 are Senators 13 DeFrancisco, Farley, Hoffmann, Holland and 14 Present; also Senator Cook and Senator Maltese, 15 also Senator Larkin, also Senator Libous. 16 ACTING PRESIDENT FARLEY: 17 Results. The bill is passed. 18 THE SECRETARY: Calendar Number 19 33, substituted earlier today, by member of the 20 Assembly Faso, Assembly Bill Number 2253, an act 21 to amend the Tax Law, in relation to sales and 22 use taxes to be imposed in the county of 23 Greene. 1 ACTING PRESIDENT FARLEY: Is 2 there a home rule on this? Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 50, nays 10 one, Senator Libous recorded in the negative. 11 ACTING PRESIDENT FARLEY: The 12 bill is passed. 13 Senator Present. 14 SENATOR PRESENT: Mr. President, 15 on behalf of Senator Marino, I'll offer up the 16 Majority Leadership joint commission, special 17 and select committee, subcommittee and task 18 force assignments, and ask that it be filed in 19 the Journal. 20 ACTING PRESIDENT FARLEY: 21 Submission will be filed appropriately. 22 Senator Stafford? 23 SENATOR PRESENT: Mr. President. 1 ACTING PRESIDENT FARLEY: Senator 2 Present. 3 SENATOR PRESENT: Mr. President, 4 there being no further business, I move that we 5 adjourn until Monday, February 8th, 2:30 p.m., 6 intervening days be legislative days. 7 ACTING PRESIDENT FARLEY: The 8 Senate will stand adjourned until Monday at the 9 regular hour, intervening legislative days. 10 (Whereupon at 3:32 p.m., the 11 Senate adjourned. ) 12 13 14 15 16