Monday, March 22, 1993

1207 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 22, 1993 11 3:17 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 1208 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Senate 3 will come to order. Senators will find their 4 seats. 5 Please rise with me for the 6 Pledge of Allegiance to the Flag. 7 (Whereupon, the Senate joined in 8 the Pledge of Allegiance to the Flag. ) 9 ACTING PRESIDENT FARLEY: Today 10 in the absence of clergy, we will bow our heads 11 for a moment of silent prayer. 12 (Whereupon, there was a moment of 13 silence. ) 14 Secretary will begin by reading 15 the Journal. 16 THE SECRETARY: In Senate, 17 Sunday, March 21. The Senate met pursuant to 18 adjournment. Senator Bruno in the Chair upon 19 designation of the Temporary President. The 20 Journal of Saturday, March 20, was read and 21 approved. On motion, Senate adjourned. 22 ACTING PRESIDENT FARLEY: Hearing 23 no objection, the Journal will stand approved as 1209 1 read. 2 The order of business: 3 Presentation of petitions. 4 Messages from the Assembly. 5 Messages from the Governor. 6 Reports of standing committees. 7 Reports of select committees. 8 Communications and reports from 9 state officers. 10 Motions and resolutions. 11 We have a motion. Senator Mega. 12 SENATOR MEGA: Yes, Mr. 13 President. On behalf of Senator Padavan, his 14 bill on page 12, I offer the following 15 amendments to Calendar Number 146, Senate Print 16 Number 2135, and ask that said bill retain its 17 place on the Third Reading Calendar. 18 ACTING PRESIDENT FARLEY: The 19 amendments are received. The bill will retain 20 its place. 21 Are there any other motions on 22 the floor? 23 Senator Present. 1210 1 SENATOR PRESENT: Mr. President. 2 Would you recognize Senator Volker. 3 ACTING PRESIDENT FARLEY: I 4 certainly will as soon as he gets to his place. 5 Senator Volker. 6 SENATOR VOLKER: Mr. President. 7 I think there is a privileged resolution at the 8 desk. Would you please have the title read, 9 please. 10 ACTING PRESIDENT FARLEY: 11 Secretary will read the title of Senator 12 Volker's resolution. 13 THE SECRETARY: Legislative 14 Resolution, by Senators Volker, Daly and Trunzo, 15 commending William R. Tuttle, Jr., Brian K. 16 Moore and Garin Horsley, upon the occasion of 17 their designation as first, second and third 18 place winners in the United States Savings Bond 19 Division Second Annual National Student Poster 20 Contest. 21 SENATOR GOLD: Mr. President. 22 ACTING PRESIDENT FARLEY: Senator 23 Gold. 1211 1 SENATOR GOLD: Yes, I spoke to 2 Senator Volker, and he has no objection. Could 3 we add Senator Jones on there as a sponsor. 4 ACTING PRESIDENT FARLEY: Without 5 objection, Senator Jones will be a sponsor. 6 SENATOR VOLKER: Yes. These are 7 winners in the United States Postage/Bond 8 Division, and we're going to be presenting them 9 with some certificates tomorrow. So if anybody 10 else wants to go on the resolution, I am more 11 than happy to have them. 12 ACTING PRESIDENT FARLEY: Anyone 13 who wishes to be on the resolution, approach the 14 desk or let them know. Senator DeFrancisco. 15 Senator Lack. 16 On the resolution. Shall we 17 adopt it right now, Senator Present? 18 On the resolution. Those in 19 favor say aye. 20 (Response of "Aye.") 21 Those opposed, nay. 22 (There was no response. ) 23 The resolution is adopted. 1212 1 Senator Present. 2 SENATOR PRESENT: Would you 3 recognize Senator Lack, please. 4 ACTING PRESIDENT FARLEY: I 5 certainly will. Senator Lack. 6 SENATOR LACK: Mr. President, 7 would you please put a sponsor star on Calendar 8 Number 189, Senate Print 1963. 9 ACTING PRESIDENT FARLEY: 189 is 10 starred at the request of the sponsor. 11 Is there any other business on 12 the floor? 13 (There was no response. ) 14 Senator Present, what's your 15 pleasure? 16 SENATOR PRESENT: Mr. President, 17 let's go to the noncontroversial calendar. 18 ACTING PRESIDENT FARLEY: 19 Secretary will read the noncontroversial 20 calendar. 21 THE SECRETARY: On page 13, 22 Calendar Number 176, by Senator Hannon, Senate 23 Bill Number 277, Administrative Code of the City 1213 1 of New York. 2 SENATOR GOLD: Lay it aside. 3 ACTING PRESIDENT FARLEY: Lay 4 that bill aside. 5 THE SECRETARY: Calendar Number 6 177, by Senator - 7 SENATOR GOLD: Lay it aside. 8 ACTING PRESIDENT FARLEY: Lay 9 that bill aside. 10 THE SECRETARY: Calendar Number 11 183, by Senator Marino, Senate Bill Number 1776, 12 authorize the city of Glen Cove, Nassau County, 13 to sell and convey certain parcels of real 14 property. 15 ACTING PRESIDENT FARLEY: There 16 is a home rule message here at the desk. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 36. 1214 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 198, by member of the Assembly King, Assembly 5 Bill Number 1929, an act to amend Chapter 477 of 6 the Laws of 1928. 7 ACTING PRESIDENT FARLEY: There 8 is a home rule message here at the desk. 9 You can read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 37. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 199, by Senator Johnson, Senate Bill Number 20 2326, an act to amend the Navigation Law. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 1215 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 37. 6 ACTING PRESIDENT FARLEY: That 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 200, by Senator Saland. 10 SENATOR PRESENT: Lay it aside. 11 ACTING PRESIDENT FARLEY: Lay the 12 bill aside for the day. 13 THE SECRETARY: Calendar Number 14 201, by Senator LaValle, Senate Bill Number 939, 15 an act to amend the Education Law, in relation 16 to registration of a pharmacy. 17 ACTING PRESIDENT FARLEY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FARLEY: Call 22 the roll. 23 (The Secretary called the roll. ) 1216 1 THE SECRETARY: Ayes 36. Nays 2 1. Senator Kuhl recorded in the negative. Also 3 Senator Wright recorded in the negative. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 202, by Senator Johnson. 8 SENATOR GOLD: Can we have one 9 day on that? 10 ACTING PRESIDENT FARLEY: Lay the 11 bill aside. Whose bill is that? Senator 12 Johnson. 13 SENATOR JOHNSON: Lay it aside. 14 ACTING PRESIDENT FARLEY: Is it 15 all right to give him one day? 16 SENATOR JOHNSON: Yes. 17 ACTING PRESIDENT FARLEY: Lay the 18 bill aside for the day. 19 THE SECRETARY: Calendar Number 20 203, by Senator LaValle, Senate Bill Number 21 2328, an act to amend the Education Law. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 1217 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FARLEY: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 37. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 That's the first time through, 10 Senator Present. 11 SENATOR PRESENT: Controversial. 12 THE SECRETARY: On page 13, 13 Calendar Number 176, by Senator Hannon, Senate 14 Bill Number 277, an act to amend the 15 Administrative Code of the City of New York. 16 ACTING PRESIDENT FARLEY: Read 17 the last -- Senator Gold, what's your pleasure? 18 SENATOR GOLD: We can accommodate 19 the Senator. Let's just do a slow roll call. 20 ACTING PRESIDENT FARLEY: I don't 21 see five standing. 22 SENATOR GOLD: If you want me to 23 talk for two hours, I bet you got five people. 1218 1 ACTING PRESIDENT FARLEY: Senator 2 Hannon, what's your pleasure? 3 SENATOR HANNON: Mr. President. 4 Would you lay the bill aside temporarily. 5 Perhaps there might be more people coming in so 6 he can get his slow roll call. 7 SENATOR GOLD: Mr. President. 8 ACTING PRESIDENT FARLEY: Senator 9 Gold. 10 SENATOR GOLD: If I can point out 11 to the gentleman that if he takes his roll call 12 if people come in and vote, and that will take 13 care of your problem. Just call the slow roll 14 call. You ring the bell. There will be a roll 15 call. They will come in and vote, and that will 16 take care of your problem. 17 SENATOR HANNON: Call the slow 18 roll call. 19 SENATOR GOLD: And I see five 20 anyway. 21 ACTING PRESIDENT FARLEY: The 22 Chair has acceded to that. The Chair has 23 acceded to that. 1219 1 SENATOR GOLD: Last section. 2 ACTING PRESIDENT FARLEY: Senator 3 Hannon, did you want to proceed? 4 SENATOR HANNON: Proceed in 5 reading the bill and calling the roll, if that's 6 what - 7 ACTING PRESIDENT FARLEY: Ring 8 the bell. Slow roll call on 176. 9 SENATOR MARKOWITZ: Mr. 10 President. 11 ACTING PRESIDENT FARLEY: Senator 12 Markowitz. 13 SENATOR MARKOWITZ: I just wanted 14 to ask a question about the slow roll call. Are 15 you calling that now? 16 ACTING PRESIDENT FARLEY: Yes. 17 SENATOR MARKOWITZ: All right. 18 Because as you are calling it, I'm so delighted 19 that from Brooklyn, St. Jerome School has joined 20 us this afternoon, and I know that we are very 21 proud and happy to have them here in Albany. 22 Thank you very much. 23 ACTING PRESIDENT FARLEY: In the 1220 1 gallery, St. Jerome School, welcome. On behalf 2 of Senator Markowitz and all the rest of the 3 Senate. 4 We have a slow roll call. But 5 before I proceed with that, Senator Nozzolio. 6 SENATOR NOZZOLIO: Thank you, Mr. 7 President. Mr. President, I would like to be 8 recorded in the negative on Calendar Number 201, 9 Bill Number 939. 10 ACTING PRESIDENT FARLEY: 11 Senator, you're in the negative on 201, without 12 objection. 13 There has been a slow roll called 14 for on Senator Hannon's bill, Calendar Number 15 176. Ring the bell. Call the roll. 16 THE SECRETARY: Senator Babbush, 17 excused. 18 ACTING PRESIDENT FARLEY: Let's 19 have a little order in the house, or I will ask 20 the sergeant-at-arms to clear the house. 21 Senator Present, is that what you 22 wanted, a little order? 23 SENATOR PRESENT: Yes. 1221 1 ACTING PRESIDENT FARLEY: Let's 2 hope we'll get it. 3 THE SECRETARY: Senator Bruno. 4 SENATOR BRUNO: Yes. 5 THE SECRETARY: Senator Connor. 6 (There was no response. ) 7 Senator Cook. 8 SENATOR COOK: Yes. 9 THE SECRETARY: Senator Daly. 10 SENATOR DALY: Yes. 11 THE SECRETARY: Senator 12 DeFrancisco. 13 SENATOR DeFRANCISCO: Yes. 14 THE SECRETARY: Senator 15 Dollinger. 16 SENATOR DOLLINGER: Yes. 17 THE SECRETARY: Senator Espada. 18 (There was no response. ) 19 Senator Farley. 20 SENATOR FARLEY: Aye. 21 THE SECRETARY: Senator Galiber. 22 (There was no response. ) 23 Senator Gold. 1222 1 SENATOR GOLD: No. 2 THE SECRETARY: Senator 3 Gonzalez. 4 (There was no response. ) 5 Senator Goodman, excused. 6 Senator Halperin. 7 (There was no response. ) 8 Senator Hannon. 9 SENATOR HANNON: Yes. 10 THE SECRETARY: Senator 11 Hoffmann. 12 (There was no response. ) 13 Senator Holland. 14 SENATOR HOLLAND: Yes. 15 THE SECRETARY: Senator Johnson. 16 SENATOR JOHNSON: Aye. 17 THE SECRETARY: Senator Jones. 18 SENATOR JONES: Yes. 19 THE SECRETARY: Senator Kuhl. 20 SENATOR KUHL: Aye. 21 THE SECRETARY: Senator Lack. 22 SENATOR LACK: Aye. 23 THE SECRETARY: Senator Larkin. 1223 1 SENATOR LARKIN: Aye. 2 THE SECRETARY: Senator LaValle. 3 (There was no response. ) 4 Senator Leichter. 5 (There was no response. ) 6 Senator Levy. 7 (There was no response. ) 8 Senator Libous. 9 SENATOR LIBOUS: Aye. 10 THE SECRETARY: Senator Maltese. 11 (There was no response. ) 12 Senator Marchi. 13 SENATOR MARCHI: Aye. 14 THE SECRETARY: Senator Marino. 15 (Indicating "Aye".) 16 THE SECRETARY: Aye. Senator 17 Markowitz. 18 SENATOR MARKOWITZ: Unbelievably 19 yes. 20 THE SECRETARY: Senator 21 Masiello. 22 SENATOR MASIELLO: Yes. 23 THE SECRETARY: Senator Mega. 1224 1 SENATOR MEGA: Yes. 2 THE SECRETARY: Senator Mendez, 3 excused. Senator Montgomery. 4 SENATOR MONTGOMERY: Yes. Mr. 5 President, to explain my vote. 6 ACTING PRESIDENT FARLEY: Senator 7 Montgomery to explain her vote. 8 SENATOR MONTGOMERY: Thank you. 9 I would like to join Senator Markowitz in this 10 legislation. I want to compliment him for 11 having such wonderful young people here from his 12 district to see us vote on this very important 13 bill today. It is an opportunity for them to 14 see how their government works. 15 And this bill is an excellent 16 opportunity for us to know how government 17 works. I believe this bill carries Senator 18 Hannon's name on it. I see him as the sponsor. 19 But, Senator Hannon, I believe I have seen in 20 the past that Senator Halperin has sponsored 21 such a bill, and I certainly agree with the 22 concept, and I don't know how much your bill is 23 exactly like Senator Halperin's bill, but I'm 1225 1 going to vote no on this because I want to make 2 sure that it has everything that Senator 3 Halperin's bill contains in it and that Senator 4 Halperin is, in fact, the sponsor of it. 5 So while I agree with what you 6 intend to do, I'm voting no. I know this is 7 very confusing to some people in this room, but 8 I'm voting no although I agree with the intent 9 of the legislation. 10 Thank you. 11 ACTING PRESIDENT FARLEY: 12 Continue the roll. 13 THE SECRETARY: Senator Nolan. 14 SENATOR NOLAN: Yes. 15 THE SECRETARY: Senator 16 Nozzolio. 17 SENATOR NOZZOLIO: Aye. 18 THE SECRETARY: Senator 19 Ohrenstein. 20 (Indicating "No." ) 21 THE SECRETARY: No. Senator 22 Onorato. 23 SENATOR ONORATO: Aye. 1226 1 THE SECRETARY: Senator 2 Oppenheimer. 3 SENATOR OPPENHEIMER: Aye. 4 THE SECRETARY: Senator Padavan. 5 SENATOR PADAVAN: Yes. 6 THE SECRETARY: Senator Pataki. 7 SENATOR PATAKI: Yes. 8 THE SECRETARY: Senator 9 Paterson. 10 (There was no response. ) 11 Senator Present. 12 SENATOR PRESENT: Aye. 13 THE SECRETARY: Senator Saland. 14 SENATOR SALAND: Aye. 15 THE SECRETARY: Senator 16 Santiago. 17 (There was no response. ) 18 Senator Sears. 19 (There was no response. ) 20 Senator Seward. 21 SENATOR SEWARD: Aye. 22 THE SECRETARY: Senator Sheffer. 23 SENATOR SHEFFER: Yes. 1227 1 THE SECRETARY: Senator Skelos. 2 SENATOR SKELOS: Yes. 3 THE SECRETARY: Senator Smith. 4 SENATOR SMITH: Yes. 5 THE SECRETARY: Senator Solomon. 6 SENATOR SOLOMON: Yes. 7 THE SECRETARY: Senator Spano. 8 (There was no response. ) 9 Senator Stachowski. 10 SENATOR STACHOWSKI: Yes. 11 THE SECRETARY: Senator 12 Stafford. 13 SENATOR STAFFORD: Aye. 14 THE SECRETARY: Senator 15 Stavisky. 16 (There was no response. ) 17 Senator Trunzo. 18 SENATOR TRUNZO: Yes. 19 THE SECRETARY: Senator Tully. 20 SENATOR TULLY: Aye. 21 THE SECRETARY: Senator Velella. 22 SENATOR VELELLA: Yes. 23 THE SECRETARY: Senator Volker. 1228 1 SENATOR VOLKER: Yes. 2 THE SECRETARY: Senator Waldon. 3 (There was no response. ) 4 Senator Wright. 5 SENATOR WRIGHT: Aye. 6 ACTING PRESIDENT FARLEY: 7 Absentees. 8 THE SECRETARY: Senator Connor. 9 SENATOR CONNOR: No. 10 THE SECRETARY: Senator Espada. 11 SENATOR ESPADA: No. 12 THE SECRETARY: Senator Galiber. 13 (There was no response. ) 14 Senator Gonzalez. 15 (There was no response. ) 16 Senator Halperin. 17 (There was no response. ) 18 Senator Hoffmann. 19 (There was no response. ) 20 Senator LaValle. 21 SENATOR LAVALLE: Yes. 22 THE SECRETARY: Senator 23 Leichter. 1229 1 (There was no response. ) 2 Senator Levy. 3 SENATOR LEVY: Aye. 4 THE SECRETARY: Senator Maltese. 5 (There was no response. ) 6 Senator Paterson. 7 (There was no response. ) 8 Senator Santiago. 9 (There was no response. ) 10 Senator Sears. 11 SENATOR SEARS: Yes. 12 THE SECRETARY: Senator Spano. 13 SENATOR SPANO: Yes. 14 THE SECRETARY: Senator 15 Stavisky. 16 (There was no response. ) 17 Senator Waldon. 18 ACTING PRESIDENT FARLEY: Senator 19 Waldon, how do you vote? 20 SENATOR WALDON: (Indicating 21 thumbs down. ) 22 ACTING PRESIDENT FARLEY: Senator 23 Waldon is in the negative. 1230 1 Results. 2 THE SECRETARY: Ayes 43. Nays 6. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 177, by Senator Hannon, Senate Bill Number 644, 7 an act to amend the Emergency Tenant Protection 8 Act of 1974. 9 SENATOR HANNON: Mr. President. 10 ACTING PRESIDENT FARLEY: Senator 11 Hannon. 12 SENATOR HANNON: Would you be so 13 kind as to lay that bill aside for the day. 14 ACTING PRESIDENT FARLEY: Lay 15 that bill aside for the day. 16 Senator Present, that concludes 17 it. 18 SENATOR PRESENT: Mr. President. 19 There being no further business, I move that we 20 adjourn until tomorrow at 3:00 p.m. 21 ACTING PRESIDENT FARLEY: The 22 Senate will stand adjourned until tomorrow at 23 3:00 p.m. 1231 1 (Whereupon, at 3:36 p.m., Senate 2 adjourned.) 3 4 5 6 7 8