Tuesday, March 16, 1993

1107 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 16, 1993 11 10:00 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN B. DALY, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 1108 1 P R O C E E D I N G S. 2 ACTING PRESIDENT DALY: The 3 Senate will come to order. We will now have the 4 Pledge of Allegiance. 5 (Whereupon, the Senate joined in 6 the Pledge of Allegiance to the Flag. ) 7 ACTING PRESIDENT DALY: I would 8 like to now introduce our visiting clergy today, 9 Reverend Vincent Gordon from the Bethany Chapel 10 in Brooklyn, to say the prayer. 11 May we bow our heads in a moment 12 of silence. 13 REVEREND VINCENT GORDON: Let us 14 pray. 15 Our God and our father in heaven, 16 we come to Thee this afternoon in the precious 17 name of Thy son, the Lord Jesus Christ, our 18 Savior. 19 We want to pour out our hearts in 20 gratitude and thanksgivings unto Thee for Thy 21 love and Thy grace and for all kindness that 22 Thou has shown and is showing to us. 23 We thank Thee for this moment 1109 1 that Thou has brought these great men and women 2 together again to discuss matters concerning the 3 people whom Thou has committed to their trust. 4 We thank Thee for their labor of love and their 5 interest and concern. 6 Today, our God, we do pray that 7 Thou sparkle their hearts and burden their 8 hearts with love and compassion for those of us 9 whom Thou has committed unto them. 10 We pray, our God, that the Holy 11 Spirit will motivate their thoughts and the 12 Spirit of God will guide their expressions and 13 grant that everything will be controlled by 14 Thyself, and that the very outcome of this 15 session this evening, whatever may be 16 determined, will be that to which Thou hast 17 already set the seal of Thine own divine 18 approval. 19 We pray for them that Thou bless 20 them, that Thou prosper them and do keep them 21 safely and preserve them from harm and dangers 22 and their families, too. 23 Grant, our father, that they'll 1110 1 continue to discharge the responsibility that 2 Thou hast committed to their trust for the good 3 and welfare of the people whom Thou hast 4 committed unto them. 5 We are inviting Thy presence with 6 us now in the name of the Lord Jesus Christ and 7 for His sake. 8 Amen. 9 ACTING PRESIDENT DALY: The 10 reading of the Journal. 11 THE SECRETARY: In Senate, 12 Monday, March 15. The Senate met pursuant to 13 adjournment. Senator Bruno in the chair upon 14 designation of the Temporary President. The 15 Journal of Sunday, March 14, was read and 16 approved. On motion, Senate adjourned. 17 ACTING PRESIDENT DALY: Hearing 18 no objection, the Journal stands approved as 19 read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 1111 1 Reports of select committees. 2 Communications and reports from 3 state officers. 4 Motions and resolutions. 5 SENATOR GOLD: Mr. President. 6 ACTING PRESIDENT DALY: Senator 7 Gold. 8 SENATOR GOLD: Thank you. On 9 behalf of Senator Halperin, on page 8, I offer 10 the following amendments to Calendar 82, Senate 11 Print 32, and ask the bill retain its place on 12 the Third Reading Calendar. 13 ACTING PRESIDENT DALY: Without 14 objection. 15 Senator Nozzolio. 16 SENATOR NOZZOLIO: Yes. Mr. 17 President. On page 12, I offer the following 18 amendments to Calendar Number 93, Senate Print 19 11 on 6, and ask that said bill retain its place 20 on the Third Reading Calendar. 21 ACTING PRESIDENT DALY: Without 22 objection. 23 SENATOR NOZZOLIO: Mr. President. 1112 1 ACTING PRESIDENT DALY: Senator 2 Nozzolio. 3 SENATOR NOZZOLIO: I move to 4 commit Senate Print Number 300, Calendar Number 5 192, on Second Report, to the Committee on 6 Finance. 7 ACTING PRESIDENT DALY: Without 8 objection. 9 Senator Markowitz. 10 SENATOR MARKOWITZ: I know I was 11 just looking at you and commiserating how our 12 Irish dinner had to be delayed until next Monday 13 due to the weather. But Albany is always the 14 Mecca of, as you know, major, major movers and 15 shakers. Mayor Dinkins is up here today, as you 16 may know; and Chancellor of New York City Board 17 of Education, Joseph Hernandez; and also some of 18 the best in Brooklyn -- Prospect Heights High 19 School is here with us today, and I know that 20 all of us are proud to have them. 21 ACTING PRESIDENT DALY: Thank 22 you, Senator. 23 Secretary will read. 1113 1 THE SECRETARY: On page 4 of 2 today's calendar, Senator Stafford moves to 3 discharge the Committee on Tourism, Recreation 4 and Sports Development from Assembly Bill Number 5 1929 and substitute it for the identical First 6 Report Calendar Number 198. 7 ACTING PRESIDENT DALY: 8 Substitution ordered. 9 Senator Present, are we ready for 10 the calendar? 11 SENATOR PRESENT: Mr. President, 12 I move that we adopt the Resolution Calendar. 13 ACTING PRESIDENT DALY: The 14 question is on the adoption of the resolutions. 15 All those in favor, aye. 16 (Response of "Aye.") 17 All opposed. 18 (There was no response. ) 19 The resolution is carried. 20 SENATOR PRESENT: Mr. President. 21 Let's take up the noncontroversial calendar. 22 ACTING PRESIDENT DALY: 23 Noncontroversial calendar. Clerk will read. 1114 1 THE SECRETARY: On page 7, 2 Calendar Number 54, by Senator Babbush, Senate 3 Bill Number 725A, an act to amend Chapter 606 of 4 the Laws of 1902, relating to the incorporation 5 of the Brooklyn Public Library. 6 ACTING PRESIDENT DALY: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT DALY: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 48. 14 ACTING PRESIDENT DALY: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 176, by Senator Hannon, Senate Bill Number 277. 18 ACTING PRESIDENT DALY: Lay it 19 aside. 20 THE SECRETARY: Calendar Number 21 177, by Senator Hannon, Senate Bill Number - 22 SENATOR GOLD: Lay it aside. 23 ACTING PRESIDENT DALY: Lay it 1115 1 aside. 2 THE SECRETARY: Calendar Number 3 179, by Senator Stachowski, Senate Bill Number 4 1371, an act in relation to allowing certain 5 persons. 6 ACTING PRESIDENT DALY: Home rule 7 message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT DALY: Call the 12 roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 46. Nays 15 2. Senators Gold and Leichter recorded in the 16 negative. 17 ACTING PRESIDENT DALY: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 180, by Senator Spano, Senate Bill Number 1987, 21 an act to amend the Civil Service Law, in 22 relation to providing New York State public 23 employees with the right to have a union 1116 1 representative. 2 ACTING PRESIDENT DALY: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT DALY: Call the 7 roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 48. 10 ACTING PRESIDENT DALY: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 181, by Senator Nolan, Senate Bill Number 2107, 14 an act in relation to the duration of the 15 eligibility list for fire lieutenant. 16 ACTING PRESIDENT DALY: Home rule 17 resolution at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT DALY: Call the 22 roll. 23 (The Secretary called the roll. ) 1117 1 THE SECRETARY: Ayes 48. 2 ACTING PRESIDENT DALY: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 182, by Senator Tully, Senate Bill Number 2718, 6 to authorize Donald Murray, employed by the 7 village of Stewart to file a request for 8 retroactive membership in New York State 9 employees retirement system. 10 ACTING PRESIDENT DALY: Home rule 11 message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT DALY: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 46. Nays 19 2. Senators Gold and Leichter recorded in the 20 negative. 21 ACTING PRESIDENT DALY: The bill 22 is passed. 23 That's the first time through, 1118 1 Mr. Majority Leader. Are you ready for the 2 controversial calendar? 3 SENATOR PRESENT: No. Let's 4 stand at ease for a few minutes. 5 ACTING PRESIDENT DALY: Stand at 6 ease. 7 (Whereupon, at 3:53 p.m., the 8 Senate was at ease. ) 9 (Whereupon, at 4:03 p.m., Senate 10 reconvened. ) 11 SENATOR PRESENT: Mr. President. 12 ACTING PRESIDENT DALY: Senator 13 Present. 14 SENATOR PRESENT: Would you 15 recognize Senator Velella. 16 ACTING PRESIDENT DALY: Senator 17 Velella. 18 SENATOR VELELLA: Mr. President, 19 I offer up the two following privileged 20 resolutions and ask that the title be read. 21 Waive the reading. 22 ACTING PRESIDENT DALY: Secretary 23 will read. 1119 1 THE SECRETARY: Legislative 2 Resolution, by Senators Velella and Spano, 3 honoring Lieutenant John Mission of the fire 4 department of the city of Yonkers, New York, in 5 recognition of his bravery and courageous action 6 in the rescue of a woman trapped in her burning 7 home on December 10, 1992. 8 Also Legislative Resolution, by 9 Senators Velella and Spano, honoring fire 10 fighter John Michael Dunne for his bravery and 11 courageous action during a structure fire in a 12 burning apartment building in Yonkers, New York, 13 on Monday, April 27, 1992. 14 ACTING PRESIDENT DALY: On the 15 resolution. All in favor. 16 (Response of "Aye.") 17 All opposed. 18 (There was no response. ) 19 The resolution is adopted. 20 SENATOR PRESENT: May we return 21 to report of standing committees. 22 ACTING PRESIDENT DALY: Report of 23 standing committees. 1120 1 Secretary will read. 2 THE SECRETARY: Senator Stafford 3 from the Committee on Finance reports the 4 following bill directly for third reading: 5 Senate Bill Number 3615, by 6 Senator Mega, an act to amend Chapter 502 of the 7 Laws of 1992, relating to certain non-judicial 8 officers and employees of the Unified Court 9 System. 10 Also, Senator Stafford from the 11 Committee on Finance, reports Senator Mega's 12 bill, Senate Bill Number 2784, an act to amend 13 Chapter 502 of the Laws of 1992, relating to 14 certain non-judicial officers and employees of 15 the Unified Court System. 16 Also, Senator Stafford from the 17 Committee on Finance, reports the following bill 18 directly for third reading: 19 Senate Bill Number 3531, by 20 Senator Trunzo, an act to amend the Executive 21 Law, in relation to making technical corrections 22 to such law necessitated by the collectively 23 negotiated agreement. 1121 1 All three bills reported directly 2 to third reading. 3 ACTING PRESIDENT DALY: Without 4 objection, third reading. 5 Senator Present. 6 SENATOR PRESENT: Can we call up 7 Senate 3531 to have its third reading at this 8 time. 9 ACTING PRESIDENT DALY: Secretary 10 will read. 11 THE SECRETARY: Senate Calendar 12 Number 209, Senate Bill Number 3531, by Senator 13 Trunzo, an act to amend the Executive Law, in 14 relation to making technical corrections to such 15 law necessitated by the collectively negotiated 16 agreement. 17 ACTING PRESIDENT DALY: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT DALY: Call the 22 roll. 23 (The Secretary called the roll. ) 1122 1 THE SECRETARY: Ayes 48. 2 ACTING PRESIDENT DALY: The bill 3 is passed. 4 Senator Present. 5 SENATOR PRESENT: Mr. President. 6 There being no further business, I move we 7 adjourn until tomorrow at 3:00 p.m. 8 ACTING PRESIDENT DALY: Senate is 9 adjourned until tomorrow at 3:00 p.m. 10 (Whereupon, at 4:06 p.m., Senate 11 adjourned. ) 12 13