Wednesday, March 3, 1993

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 3, 1993 11 12:00 Noon 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. The Senators will 4 find their places. If you would please rise and 5 stand with me for the Pledge of Allegiance to 6 the Flag. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag. ) 9 Today we're pleased to have with 10 us Chaplain Richard P. Camp, Jr. of the United 11 States Military Academy. He's the Chaplain of 12 West Point, New York. 13 Chaplain Camp. 14 CHAPLAIN RICHARD P. CAMP: Let us 15 bow together in prayer. 16 Lord, we pause a moment from our 17 agendas and programs to acknowledge that You are 18 God. You have made us and You promise to 19 sustain us as we trust in You. 20 We pray today for the men and 21 women of this Senate. Amid all the voices that 22 clamor for their attention, give them the 23 discipline to listen to Your voice and the 1 diligence to do what's right. We pray today for 2 the colleges and the universities of this state 3 and especially today for the United States 4 Military Academy. Keep her purposes noble and 5 her leadership strong in our effort to preserve 6 peace in the world. 7 In Your strong name, we pray. 8 Amen. 9 ACTING PRESIDENT FARLEY: The 10 Secretary will begin by reading the Journal. 11 THE SECRETARY: In Senate, 12 Tuesday, March 2nd. The Senate met pursuant to 13 adjournment, Senator Farley in the Chair upon 14 designation of the Temporary President. The 15 Journal of Monday, March 1st, was read and 16 approved. On motion, Senate adjourned. 17 ACTING PRESIDENT FARLEY: Hearing 18 no objection, the Journal will stand approved as 19 read. 20 The order of business: 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 SENATOR LARKIN: Mr. President. 7 ACTING PRESIDENT FARLEY: Senator 8 Larkin. 9 SENATOR LARKIN: I ask to call up 10 Legislative Resolution 568 and ask that it be 11 read. 12 ACTING PRESIDENT FARLEY: 13 Secretary will read Resolution 568. 14 THE SECRETARY: Legislative 15 Resolution Number 568, by Senators Larkin, 16 Marino, and all members of the Senate: 17 Legislative Resolution 18 celebrating the establishment of the United 19 States Military Academy at West Point, New York 20 and memorializing Governor Mario M. Cuomo to 21 declare Wednesday, March 3rd, 1993 as West Point 22 Day in the state of New York. 23 WHEREAS, the United States 1 Military Academy at West Point, New York has, 2 since its establishment in the early 1800s, been 3 an institute unique in its approach to military 4 as well as educational disciplines, and an 5 institute unique to its promise to meet the 6 challenges of developing and nurturing our 7 nation's future leaders; 8 Always reflecting a dynamic, 9 visionary approach to education, the Academy's 10 focus has been to stimulate young minds, 11 marshall strengths, both physical and cerebral, 12 and inspire its Corps of Cadets to match our 13 forefathers in courage and commitment to 14 defending the rights of a free country; 15 Administrative leadership at the 16 Academy has creatively kept pace with the 17 cadence of changing needs throughout the years; 18 and today, as we host the representatives of the 19 Corps of Cadets, as well as the support staff, 20 we offer a special welcome to a new era of 21 leadership under the command of Lt. General 22 Howard D. Graves, recently appointed 23 Superintendent of the United States Military 1 Academy at West Point; 2 This distinguished school has 3 produced illustrious soldiers, statesmen, and 4 businessmen in every walk of life, but the 5 observation of West Point Day in the state of 6 New York has a particular significance for those 7 of us who serve in the New York State Senate and 8 New York State Assembly for it was the late 9 former Assemblyman James T. McNamara, a graduate 10 of the class of 1939, who masterminded this 11 marvelous tribute to the men and women of the 12 United States Military Academy at West Point; 13 The residents of the state of New 14 York, as well as our entire nation, owe an 15 outstanding debt of gratitude to the vast 16 network of administrators and instructors, past 17 as well as present, whose collective powers have 18 molded generations of graduates; 19 And to the graduates and Corps of 20 Cadets who are now a part of the heritage of 21 West Point, our great state and nation support 22 and appreciate their talents and pray that, as 23 they achieve their own destinies, they will also 1 realize the immeasurable rewards that come with 2 serving the United States of America. 3 NOW, THEREFORE, BE IT RESOLVED 4 that this legislative body pause in its 5 deliberations to applaud the United States 6 Military Academy at West Point as a landmark 7 institution representing excellence in military 8 training and as an institution whose stellar 9 reputation in the field of education looms large 10 throughout our great land; and 11 BE IT FURTHER RESOLVED that this 12 legislative body call upon Governor Mario M. 13 Cuomo to declare today, the 3rd day of March, 14 1993, as West Point Day in the state of New 15 York; and 16 BE IT FURTHER RESOLVED that a 17 copy of this resolution, suitably engrossed, be 18 transmitted to Lt. General Howard D. Graves, 19 Superintendent of the United States Military 20 Academy at West Point, New York in recognition 21 of the vitally important role the Academy plays 22 in maintaining our nation's integrity as a force 23 of freedom. 1 ACTING PRESIDENT FARLEY: On the 2 resolution, Senator Larkin, do you wish to 3 speak? 4 SENATOR LARKIN: Mr. President, 5 my colleagues, it's an honor and a privilege to 6 offer up this resolution. 7 This is the 39th year that the 8 state has recognized the United States Military 9 Academy. I want to personally welcome General 10 Foley, the Commandant of Cadets, the staff and 11 faculty and, most important, members of the 12 Corps. 13 We are especially proud to have 14 General Foley with us here today. General Foley 15 is the class of 1963 and, for those of you who 16 don't know, he is the recipient of our nation's 17 highest award, the Congressional Medal of Honor 18 for heroic service in Vietnam. For members, a 19 full copy of the citation is at your desk. But 20 I'd like to briefly say something about it. 21 General Foley, then Captain 22 Foley, leading a company in a dense jungle fire 23 fight, put himself at grave risk. Fighting 1 constant enemy fire, he helped evacuate wounded 2 soldiers after being blown off his feet by a 3 grenade. Captain Foley refused medical 4 treatment and single-handedly destroyed three 5 enemy gun positions. His outstanding courage 6 and leadership in the face of intense fire 7 inspired his troops to heroic efforts and the 8 success of the mission. 9 General Foley has a distinguished 10 military career, not only in Vietnam but in 11 other parts of the world, and here in the United 12 States. It is a record of leadership, a record 13 of service in the finest tradition to which the 14 Cadets at West Point aspire. 15 The battles we fought in Vietnam, 16 Korea, Europe, and the Pacific are well 17 documented in our books, and the role members of 18 the Corps played are also well documented. But 19 who would have predicted a few years ago that we 20 would be rewriting those books to include 21 Kuwait, Somalia and Bosnia. 22 With the world changing so 23 rapidly, it is more critical than ever that the 1 United States military be maintained in the 2 highest standards, highest quality and a force 3 to be identified in this world. Whether this 4 force is used in a military operation or a 5 humane operation is a decision for others. But 6 the nation must have a military that is prepared 7 to respond to any mission. 8 As a veteran of 23 years in the 9 military, I've had a great deal of opportunity 10 to observe the Corps and be among those who come 11 out. I've had first-hand experience commanding 12 officers that graduated from West Point, serving 13 with them and for them, and I was always 14 enriched by their contributions. 15 No one displays a more 16 professional attitude or dedication than the men 17 and women of West Point. The commitment to West 18 Point is not just going to a college and saying, 19 "I'm a Cadet." It's to serve the country and 20 it begins at a young age. Most of these cadets 21 that are sitting here started at age 16 and 17, 22 started the screening process, at that ripe 23 age. 1 They entered the Academy in July 2 of that first year. You know, when they look at 3 all the strict requirements that they had to go 4 through to get there, they didn't make a 5 decision on what I'm going to do next week or 6 next year. A Cadet today commits himself or 7 herself to four years at the Academy and five 8 years after that. Just think of what we're 9 saying. Somebody 16 years old saying, "At age 10 25 I will be completing my fifth year as an 11 officer." This process is tough, and it 12 requires skilled, tactful and people of quality, 13 and we have you here today. In a time when so 14 many teenagers are searching for answers of what 15 they want to do, it's amazing that we have such 16 individuals here today who know what they want 17 to do, where they want to go, and how they want 18 to go about it. They commit their time, their 19 talents, their efforts, and their future to 20 serving our country here and abroad. 21 They, ladies and gentlemen, are 22 truly the cream of the crop and we're extremely 23 proud to honor them here today. 1 I would like at this time to 2 introduce to you our distinguished guests that 3 are here: 4 The Commandant of Cadets, 5 Brigadier General Robert Foley. 6 (Applause) 7 Public affairs officer, 8 Lieutenant Colonel Bruce Bell. 9 (Applause) 10 Major Jeff Weart, the Executive 11 Officer of the Commandant's Office. 12 (Applause) 13 Captain Richard Camp, our 14 Chaplain at the United States Military Academy. 15 (Applause) 16 Captain Cheryl Ludwa from the 17 Command Information Office. 18 (Applause) 19 Captain William Withers, Tactical 20 Officer, B-1. 21 (Applause) 22 I didn't print this. Somebody 23 did. He's now been promoted to Major. 1 Congratulations to you. 2 (Applause) 3 And Barbara Sarrf, from the 4 Community Relations. Barbara. 5 (Applause) 6 Ladies and gentlemen, the cream 7 of the crop: Andrew Hanson, from East Aurora, 8 New York. 9 (Applause) 10 Jim Dillon, from Schenectady, 11 whose father is a member of the staff of the 12 Assembly. Congratulations, Jim. 13 (Applause) 14 Jennifer Voightschild, from 15 Chili, New York. 16 (Applause) 17 David Keppel, from Cold Spring. 18 (Applause) 19 Mark Goldschmidt, from Scar 20 borough, New York. 21 (Applause) 22 Sean Marshall, from East 23 Amherst. 1 (Applause) 2 Kyle Jette, Amsterdam, New York. 3 (Applause) 4 Seth O'Brien, from Brooklyn. 5 (Applause) 6 Michael Cho, from Flushing. 7 (Applause) 8 Tom Carey, from Ticonderoga. 9 (Applause) 10 Jean-Pierre Sanchez, from Wood 11 mere. 12 (Applause) 13 Elliott Fishburne, from my 14 district, Highland Falls. Hi, Elliott. 15 (Applause) 16 Carol Doleski, from Kinderhook. 17 (Applause) 18 And the Brigade First Captain 19 Shawn Daniel, from Shelbyville, Kentucky. 20 (Applause) 21 General Foley, staff and faculty, 22 we honor you today, but truly you honor us 23 because just to look at where the men and women 1 of the Corps are going and their ideals, I feel 2 very confident that our country and our state 3 and the world will be a better place to live by 4 the efforts of these men and women. 5 Thank you. God bless you all. 6 (Applause) 7 ACTING PRESIDENT FARLEY: On the 8 resolution. Senator Wright. 9 SENATOR WRIGHT: Mr. President, 10 as chairman of the Senate Majority Task Force on 11 Defense Spending and also as the Senator 12 representing the district that's home to the 13 10th Mountain Division at Fort Drum, I rise in 14 support of Senator Larkin's remarks and the 15 Legislative Resolution 568. 16 We should take this day, West 17 Point Day, to symbolize the many other days of 18 the year when we remember the men and women who 19 serve our country at the West Point Military 20 Reservation. This is is a proud and continuing 21 tradition of honor, of service and of 22 sacrifice. 23 New York is proud to serve as the 1 home of the United States Military Academy, and 2 I want to assure the United States Army that we 3 want to continue to welcome their members in 4 residence at West Point and they will continue 5 to have an honored place in New York State and 6 its history. 7 I would also like to remind my 8 colleagues that may not realize there is some 9 4,000 military and civilian personnel who serve 10 our state and our nation at West Point. The 11 military reservation represents also a major 12 business in the Hudson Valley, contributing some 13 $170 million in direct payroll and prime 14 contracts to the economy of the region and our 15 state. 16 The Military Academy itself 17 represents a lot of hopes, dreams and hard work 18 of the instructors and the Corps of Cadets as 19 they train for demanding careers of leadership 20 as -- in the defense of our America and its 21 interests. 22 My respect and best wishes go to 23 each of them as they prepare to meet our 1 nation's needs and, in turn, I would hope they 2 all look very favorably on the 10th Mountain at 3 Fort Drum. 4 Thank you very much, Mr. 5 President. 6 ACTING PRESIDENT FARLEY: Senator 7 Oppenheimer. 8 SENATOR OPPENHEIMER: I'm very 9 proud that I have a Cadet here from my district 10 today, name of Mark Goldschmidt, and you are in 11 my new district that was just reconfigured a few 12 months ago, and I'm very, very honored that 13 you're here today. You went to Fordham High 14 School, which is also in my -- my Senate 15 District, and you have compiled a most 16 extraordinary record. 17 The thing that I think really 18 hits you is that you're chair of the Cadet Honor 19 Committee, and I can think of no higher honor 20 than to be honored by your peers in such a 21 manner for your integrity and your honesty. 22 And I also see that you are 23 majoring in Political Science, which is a wise 1 move and maybe at some point we will see you 2 join us here, and I commend you, and I wish you 3 much good fortune when you are an officer in the 4 Army. I am the daughter of an officer in the 5 Army, brought up as an Army brat and you have a 6 wonderful career ahead of you, and I hope to see 7 a lot more of you. 8 Thank you for coming. 9 ACTING PRESIDENT FARLEY: On the 10 resolution, all those in favor say aye. 11 (Response of "Aye.") 12 There being no one opposed, the 13 resolution is unanimously passed. 14 General Foley and cadets, and 15 officers and faculty, on behalf of the New York 16 State Senate, let us say how proud we are not 17 only of the Academy but, of course, of the Corps 18 of Cadets. We're delighted to have you come 19 back here each year. It's something that we all 20 look forward to. We wish you success. We wish 21 you well, and congratulations from the New York 22 State Senate. 23 (Applause) 1 Senator Bruno. 2 SENATOR BRUNO: Mr. President, 3 I've handed up a privileged resolution, and I 4 ask at this time that it be read in its 5 entirety. 6 ACTING PRESIDENT FARLEY: The 7 Secretary will read Senator Bruno's resolution 8 in its entirety. 9 THE SECRETARY: Legislative 10 Resolution, by Senator Bruno, commending the 11 Waterford-Halfmoon Boys' Varsity Soccer Team 12 upon the occasion of its designation for special 13 honor on January 17th, 1993 in recognition of 14 capturing the New York State Class D 15 championship. 16 WHEREAS, excellence and success 17 in competitive sports can be achieved only 18 through long hours of practice, team play and 19 team spirit, nurtured by dedicated coaching and 20 strategic planning; 21 Athletic competition enhances the 22 moral and physical development of young people 23 of this state, preparing them for the future by 1 instilling in them the value of teamwork, 2 encouraging a standard of healthy living, 3 gaining an ambition for success and developing a 4 sense of fair play and competition; 5 The Waterford-Halfmoon Boys' 6 Varsity Soccer Team have for the first time in 7 the history of the school captured the New York 8 State Class D championship. Their championship 9 performance also earned them the Colonial 10 Council Championship, the Section 2 Class D 11 Championship, and the Northeast Regional 12 Championship; 13 The team members were coached to 14 this superlative achievement by Coach Robert T. 15 Stoliker and Assistant Coach Robert Roddy; 16 This superb coaching team have 17 successfully guided, molded and inspired each of 18 the team members toward their goal; 19 The enthusiasm, dedication and 20 skills of these athletes have carried them to 21 greatness in their sport; they are now a source 22 of pride to their families, their friends, their 23 communities and their state; 1 The Waterford-Halfmoon Boys' 2 Varsity Soccer Team has so clearly endowed that 3 commitment of scholastic excellence which is the 4 daily manifestation of its student body, faculty 5 and administrative staff; 6 Sports competition instills the 7 values of teamwork, pride and accomplishment, 8 and Coach Terry Stoliker and Assistant Coach Rob 9 Roddy and the Fordians outstanding athletes have 10 clearly made a contribution to the spirit of 11 excellence which is the hallmark of the 12 community; 13 NOW, THEREFORE, BE IT RESOLVED 14 that this legislative body pause in its 15 deliberations to congratulate the Waterford 16 Halfmoon Boys' Varsity Soccer Team. Its members 17 are Josh Amyot, Brian Beauregard, Eric 18 Beauregard, Adam Bilinski, D.J. Bouchard, Greg 19 Carnevale, Kory Galuski, John Paul Guertin, 20 Keith Hurst, Kyle Koblensky, George LaMarche, 21 Russell LeMay, Ryan LeMay, Russell Mahoney, Tony 22 Malo, Frank McClement, Cory O'Brien, Scott 23 O'Connor, Tony Parissi, Chad Phoenix, Mike 1 Quick, Greg Stanley and Dan Williams; and Coach 2 Terry Stoliker, Assistant Coach Rob Roddy, 3 Managers Carrie Parissi and Alta Colwell on 4 their outstanding season and for their capturing 5 the New York State Class D championship, and 6 BE IT FURTHER RESOLVED that a 7 copy of this resolution, suitably engrossed, be 8 transmitted to the members and to Terry 9 Stoliker, Coach of the Fordian soccer team in 10 care of Carl Heiner, principal of the Waterford 11 Halfmoon High School. 12 ACTING PRESIDENT FARLEY: The 13 distinguished Senator representing Waterford, 14 Senator Bruno. 15 SENATOR BRUNO: I thank you very 16 much, Mr. President. 17 It really is a privilege for me 18 to rise and add a personal welcome to these very 19 distinguished young people. Through what you've 20 read in the resolution, we all understand what 21 it takes to be a champion. I am proud as I can 22 be that I could be joined in this chamber by 23 these young athletes, their coach, Terry 1 Stoliker, Assistant Coach Bob Roddy. As a 2 testimony to the importance of this occasion, I 3 am also honored in being joined by the publisher 4 of the Troy Record and the editor, Rex Smith. 5 Champions don't just happen. We 6 know that. It takes time, commitment, 7 perseverance, giving up -- a lot of sacrifice. 8 These young people have been willing to do 9 that. All of us can be proud that they 10 exemplify what we in America believe young 11 people should be all about, and so I thank you 12 for your accomplishment. 13 Thank you for having 14 distinguished the 43rd Senatorial District. You 15 should be very proud of yourselves as your 16 parents are, your friends are, I certainly am. 17 We in this chamber and all of the people in this 18 state through this resolution honor you for your 19 outstanding achievement. 20 Congratulations to you all. 21 Thank you, Mr. President. 22 (Applause) 23 ACTING PRESIDENT FARLEY: Senator 1 Gold. 2 SENATOR GOLD: Mr. President, I'd 3 just like to congratulate these youngsters. I 4 once, when I was in high school in New York I 5 played on my varsity soccer team, and I know 6 what it is to be a champion. I watched all the 7 other champions beat my team. 8 So my congratulations to you for 9 accomplishing that which my guys never could 10 do. 11 ACTING PRESIDENT FARLEY: Before 12 we adopt the resolution, let me say on behalf of 13 the New York State Senate, how proud we are to 14 have you here today and, as the Senator from the 15 neighboring district that many of my schools 16 helped improve your record, we're very, very 17 proud of you and we wish you well. 18 All in favor of the resolution 19 say aye. 20 (Response of "Aye.") 21 Those opposed. 22 (There was no response. ) 23 The resolution is unanimously 1 adopted. Congratulations again. 2 (Applause) 3 Senator Seward. 4 SENATOR SEWARD: Mr. President, I 5 offer up the following privileged resolution and 6 ask that its title be read and move its 7 immediate adoption. 8 ACTING PRESIDENT FARLEY: Would 9 you read the title of Senator Seward's 10 resolution. 11 THE SECRETARY: Legislative 12 Resolution, by Senator Seward, commending the 13 Junior High Concert Band of Schoharie Central 14 School for its participation in Music in Our 15 Schools Month, March of 1993. 16 ACTING PRESIDENT FARLEY: All in 17 favor of the resolution, say aye. 18 (Response of "Aye.") 19 Those opposed nay. 20 (There was no response. ) 21 The resolution is adopted. 22 Senator Galiber. 23 SENATOR GALIBER: Mr. President, 1 I offer the following privileged resolution, ask 2 that the title be read and suggest the immediate 3 adoption. 4 ACTING PRESIDENT FARLEY: 5 Secretary will read the title of Senator 6 Galiber's resolution. 7 THE SECRETARY: Legislative 8 Resolution, by Senator Galiber, commending Dr. 9 William C. Fratella, Superintendent of Schools 10 in the city of Mount Vernon, New York upon the 11 occasion of his designation for special honor on 12 Saturday, March 6th, 1993. 13 SENATOR GALIBER: Yes, the title 14 also, Mr. President should say Galiber and 15 Senator Velella. 16 ACTING PRESIDENT FARLEY: And 17 Senator Velella. All in favor of the resolution 18 say aye. 19 (Response of "Aye.") 20 Those opposed nay. 21 (There was no response. ) 22 The resolution is adopted. 23 Do we have any more resolutions 1 or motions on the floor? Senator Sheffer? I'm 2 sorry. Senator Holland, you have a motion, I'm 3 told. 4 SENATOR HOLLAND: Yes, Mr. 5 President. On page 11, I offer the following 6 amendments on Calendar Number 144, Senate Print 7 Number 1897, and ask that the said bill retain 8 its place on the Third Reading Calendar. 9 ACTING PRESIDENT FARLEY: Without 10 objection, the bill is amended and retain its 11 place. 12 Senator Present, that looks like 13 it takes care of motions and resolutions. We're 14 ready for the calendar or a substitution. 15 SENATOR PRESENT: Mr. President, 16 let's proceed with the non-controversial 17 calendar. 18 ACTING PRESIDENT FARLEY: O.K. 19 We'll sub at the time. Secretary will read 20 the - 21 THE SECRETARY: On page 11 of 22 today's calendar, Senator Lack moves to 23 discharge the Committee on Labor from Assembly 1 Bill Number 402, and substitute it for the 2 identical Third Reading 140. 3 ACTING PRESIDENT FARLEY: 4 Substitution is ordered. Substitution ordered. 5 Yes, we can do the non-controversial, page 7. 6 THE SECRETARY: On page 7, 7 Calendar Number 102, by Senator Bruno, Senate 8 Bill Number 2354, an act to amend the Economic 9 Development Law and the State Finance Law, in 10 relation to establishing a linked deposit 11 program. 12 ACTING PRESIDENT FARLEY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 48. 20 ACTING PRESIDENT FARLEY: That 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 108, by Senator Holland, Senate Bill - 1 SENATOR HOLLAND: Lay it aside, 2 please. 3 THE SECRETARY: Laid aside for 4 the day. 5 ACTING PRESIDENT FARLEY: Lay 6 that bill aside for today. 7 THE SECRETARY: Calendar Number 8 109, by Senator Tully, Senate Bill Number 961, 9 an act to amend the Public Health Law. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 48. 18 ACTING PRESIDENT FARLEY: That 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 110, by Senator Farley, Senate Bill Number 219, 22 an act to amend the County Law, in relation to 23 county office hours of work. 1 ACTING PRESIDENT FARLEY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT FARLEY: Call 6 the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 48. 9 ACTING PRESIDENT FARLEY: Senator 10 Wright is in the negative. Senator Wright is in 11 the negative. 12 THE SECRETARY: Ayes 47, nays 13 one, Senator Wright recorded in the negative. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 111, by Senator - 18 SENATOR GOLD: Lay it aside for 19 Senator Leichter. 20 ACTING PRESIDENT FARLEY: Laid 21 aside. 22 THE SECRETARY: Calendar Number 23 112, by Senator Bruno, Senate Bill Number 371, 1 an act to amend the Real Property Tax Law. 2 ACTING PRESIDENT FARLEY: Read 3 the last 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 48. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 113, by Senator Stafford, Senate Bill Number 14 434, an act to amend the General Municipal Law. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 48. 23 ACTING PRESIDENT FARLEY: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 114, by Senator Stafford, Senate Bill Number 4 438, an act to amend the Real Property Tax Law. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 48. 13 ACTING PRESIDENT FARLEY: That 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 115, by Senator Cook, Senate Bill Number 574, an 17 act to amend the General Municipal Law, in 18 relation to authorizing the New York Planning 19 Federation to make purchases. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 48. 5 ACTING PRESIDENT FARLEY: That 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 116, by Senator Johnson, Senate Bill Number 909, 9 an act to amend the Real Property Tax Law. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 48, nays 18 one, Senator Present recorded in the negative. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: Also Senator 22 Stachowski, also Senator Cook recorded in the 23 negative. 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 117, by Senator Larkin, Senate Bill Number 1153, 5 an act to amend the Real Property Tax Law. 6 ACTING PRESIDENT FARLEY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 50. 14 ACTING PRESIDENT FARLEY: That 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 118, by Senator Padavan. 18 SENATOR GOLD: Lay aside. 19 ACTING PRESIDENT FARLEY: Laid 20 aside. 21 THE SECRETARY: Calendar Number 22 129, by Senator Johnson, Senate Bill Number 23 1244, proposing an amendment to the 1 Constitution. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. There's no -- call the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 51. 6 ACTING PRESIDENT FARLEY: That is 7 a resolution, and that resolution is adopted. 8 THE SECRETARY: Calendar Number 9 149, by Senator Volker, Senate bill - 10 SENATOR VOLKER: Lay that aside. 11 ACTING PRESIDENT FARLEY: Lay it 12 aside for the day, Senator Volker? 13 SENATOR VOLKER: Yes, sir. 14 ACTING PRESIDENT FARLEY: I 15 thought that's what he said. 16 Senator Present, that's the first 17 time through. Controversial? 18 SENATOR PRESENT: Controversial, 19 please. 20 ACTING PRESIDENT FARLEY: Senator 21 Hoffmann. 22 SENATOR HOFFMANN: Mr. President, 23 I ask unanimous consent to be recorded in the 1 negative on Calendar 116. 2 ACTING PRESIDENT FARLEY: Senator 3 Hoffmann will be in the negative on Calendar 4 Number 116 without objection. 5 THE SECRETARY: On page 11, 6 Calendar Number 111, by Senator Farley -- on 7 page 8, excuse me. 8 ACTING PRESIDENT FARLEY: Page 8. 9 THE SECRETARY: Senate Bill 10 Number 342, an act to amend the Real Property 11 Tax Law. 12 ACTING PRESIDENT FARLEY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 50, nays 20 one, Senator Leichter recorded in the negative. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 1 118, by Senator Padavan, Senate Bill Number 125, 2 an act to amend the Education Law, in relation 3 to empowering community boards of community 4 school districts to make a determination. 5 ACTING PRESIDENT FARLEY: Senator 6 Padavan, an explanation has been called for. 7 SENATOR PADAVAN: Mr. President, 8 under the decentralization law, school districts 9 in the city of New York are given the authority 10 to manage and operate the schools and other 11 facilities under their jurisdiction. What this 12 bill will do is add to that authority the right 13 to determine when, because of inclement weather, 14 those schools should be closed. 15 Some parts of the City and the 16 outlying areas of northern Bronx, eastern 17 Queens, Staten Island, both time and distance 18 would require, in my view, a decision to be made 19 by a local superintendent or a local school 20 board as to whether or not there's an unsafe 21 condition on that particular day, and this bill 22 would give them that authority to make that 23 decision. 1 SENATOR GOLD: Mr. President. 2 ACTING PRESIDENT FARLEY: Senator 3 Gold. 4 SENATOR GOLD: Yeah. I try each 5 year to be a little briefer and briefer. We've 6 had this, and I guess we'll keep having it. 7 Last year Senator Galiber, myself, and Halperin 8 and Leichter and Markowitz and Montgomery voted 9 in the negative. 10 This is based upon an incident 11 back in 1983 -- '83, not '93. We're now in 12 '93. It didn't happen in '84 and '85 and '86 13 and '87, and et cetera, and it just seems a 14 little absurd to get into these situations 15 where, because of one instance we -- we 16 legislate. 17 It's particularly in view of the 18 fact that, when I spoke to Senator Volker on 19 Monday about this one-incident legislation, 20 nobody here wanted to apply it to the death 21 penalty. Remember the death penalty? We 22 shouldn't do it because we could save one in 23 nocent person. Same business here. I hope that 1 other people will see the folly in this bill. 2 Last section. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 118 are Senators 12 Espada, Galiber, Gold, Leichter, Markowitz, 13 Montgomery, Paterson and Smith. Ayes 43, nays 14 8. 15 ACTING PRESIDENT FARLEY: That 16 bill is passed. 17 There are reports of standing 18 committees, Senator Present. Is it all right to 19 read it? 20 SENATOR PRESENT: Let's read it. 21 ACTING PRESIDENT FARLEY: 22 Secretary will read a report of a standing 23 committee. 1 THE SECRETARY: Senator Volker, 2 from the Committee on Codes, reports the 3 following bill directly for third reading: 4 Senate Bill Number 1533, by 5 Senator Spano and others, an act to amend the 6 Penal Law, in relation to providing controlled 7 substances to persons less than 16 years old. 8 Senator Farley, from the 9 Committee on Banks, reports the following bills 10 directly for third reading: 11 Senate Bill Number 1593, by 12 Senator Farley, an act to amend the Banking Law, 13 in relation to the licensing of money 14 transmitters; 15 Senate Bill Number 1699, by 16 Senator Farley, Banking Law, in relation to 17 permitting expanded investments by savings 18 banks; 19 And Senate Bill Number 1922, by 20 Senator Farley and others, an act to amend 21 Chapter 883 of the Laws of 1980, amending the 22 Banking Law generally. 23 All bills reported directly for 1 third reading. 2 ACTING PRESIDENT FARLEY: All 3 bills are reported directly to third reading. 4 Senator Present. 5 SENATOR PRESENT: Mr. President, 6 I move we recess awaiting the report of another 7 standing committee, at which time we will 8 reconvene and receive that report, adjourn until 9 Monday, March 8th, at 2:30 p.m. 10 ACTING PRESIDENT FARLEY: The 11 Senate will stand in recess awaiting the report 12 of - 13 SENATOR PRESENT: Intervening 14 days will be legislative days. 15 ACTING PRESIDENT FARLEY: Anyway 16 let me start again. The Senate will stand in 17 recess awaiting the report of a standing 18 committee and receiving that report we will 19 adjourn until Monday at the regular hour, 20 intervening legislative days. 21 The Senate stands in recess. 22 SENATOR MENDEZ: Mr. President. 23 ACTING PRESIDENT FARLEY: Senator 1 Mendez. 2 SENATOR MENDEZ: Mr. President, 3 I'm requesting unanimous consent to be recorded 4 in the negative on Calendar Number 1 -- 118. 5 ACTING PRESIDENT FARLEY: 119, is 6 it? 7 SENATOR MENDEZ: 118. 8 ACTING PRESIDENT FARLEY: 113? 9 SENATOR MENDEZ: '18, my dear. 10 ACTING PRESIDENT FARLEY: 118. 11 Without objection, you're in the negative on 12 Calendar 118. Thank you. 13 SENATOR MENDEZ: Thank you. 14 (At 12:41 p.m., the Senate 15 recessed until 12:47 p.m.) 16 SENATOR PRESENT: Mr. President. 17 ACTING PRESIDENT FARLEY: Senator 18 Halperin. 19 SENATOR HALPERIN: Mr. President, 20 on Calendar Number 118, Senate Bill 125, I would 21 like my name recorded in the negative, please. 22 ACTING PRESIDENT FARLEY: Without 23 objection, Senator Halperin will be in the 1 negative. 2 SENATOR HALPERIN: Thank you, Mr. 3 President. 4 ACTING PRESIDENT FARLEY: Senator 5 Present, you want to be in the positive. 6 SENATOR PRESENT: I think I'm 7 already there. 8 ....At 12:59 p.m.... 9 ACTING PRESIDENT FARLEY: Senator 10 Present. 11 SENATOR PRESENT: Mr. President, 12 may we return to reports of standing committees, 13 please. 14 ACTING PRESIDENT FARLEY: We have 15 a report of a standing committee. Secretary 16 will read it. 17 THE SECRETARY: Senator Hannon, 18 from the Committee on Housing and Community 19 Development, reports the following bills 20 directly for third reading: 21 Senate Bill 276, by Senator 22 Hannon, an act to amend the Public Housing Law; 23 277, by Senator Hannon, 1 Administrative Code of the city of New York; 2 644, by Senators Hannon and Levy, 3 Emergency Tenant Protection Act; and also Senate 4 Bill Number 1129, by Senator Sears, an act to 5 amend the Executive Law. 6 All bills reported directly for 7 third reading. 8 ACTING PRESIDENT FARLEY: All 9 bills reported directly to third reading. 10 The Senate will stand adjourned, 11 or do you have something else, Senator Present? 12 SENATOR PRESENT: Let me read it 13 in full, Mr. President. 14 Mr. President, there being no 15 further business, I move that we adjourn until 16 Monday, March 8th, 2:30 p.m., intervening days 17 be legislative days. 18 ACTING PRESIDENT FARLEY: The 19 Senate will stand adjourned until Monday at 2:30 20 p.m., intervening legislative days. 21 (Whereupon at 1:01 p.m., the 22 Senate adjourned.) 23