Monday, May 3, 1993

3003 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 May 3, 1993 11 3:11 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 3004 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 please 4 find their seats. 5 If you will please rise with me 6 for the Pledge of Allegiance to the Flag. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 Today we're pleased to have with 10 us Father Michael Martin of the St. Francis High 11 School of Hamburg, New York, to give us the 12 opening prayer. 13 Father Martin. 14 FATHER MICHAEL MARTIN: Let us 15 pray. 16 God have mercy and God have 17 justice, we ask your blessing upon the 18 leadership of our world, upon the leadership of 19 our country and upon the leadership of this, our 20 fine state of New York. In these times of great 21 challenge, so much is needed, so much 22 leadership, so much understanding, so much 23 patience. Bless the members of this body that 3005 1 they might work today together so that all of 2 your people might share in the benefits of your 3 earth. We ask this prayer in your name. Amen. 4 ACTING PRESIDENT FARLEY: The 5 Secretary will begin by reading the Journal. 6 THE SECRETARY: In Senate, 7 Friday, April 30th. The Senate met pursuant to 8 adjournment, Senator Bruno in the Chair upon 9 designation of the Temporary President. The 10 Journal of Thursday, April 29th, was read and 11 approved. On motion, Senate adjourned. 12 ACTING PRESIDENT FARLEY: Hearing 13 no objection, the Journal will stand approved as 14 read. 15 The order of business: 16 Presentation of petitions. 17 Messages from the Assembly. 18 Messages from the Governor. 19 Reports of standing committees. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. We have 3006 1 some substitutions. Secretary will read a 2 substitution, and we'll go. 3 THE SECRETARY: On page 4 of 4 today's calendar, Senator Nozzolio moves to 5 discharge the Committee on Elections from 6 Assembly Bill Number 5401 and substitute it for 7 the identical Calendar Number 583. 8 Also on page 4, Senator Nozzolio 9 moves to discharge the Committee on Elections 10 from Assembly Bill Number 5631 and substitute it 11 for the identical Calendar Number 586. 12 On page 7, Senator Mega moves to 13 discharge the Committee on Judiciary from 14 Assembly Bill Number 1696 and substitute it for 15 the identical Calendar Number 504. 16 ACTING PRESIDENT FARLEY: 17 Substitutions are ordered. 18 Senator Hannon. 19 SENATOR HANNON: Return to 20 motions, Mr. President. On page number 25, I 21 offer the following amendments to Calendar 465, 22 Print Number 643, and ask that the said bill 23 retain its place on the calendar. 3007 1 ACTING PRESIDENT FARLEY: 2 Amendments are received. Bill will retain its 3 place. 4 Senator Kuhl. 5 SENATOR KUHL: Yes, Mr. 6 President. I move that the following bill be 7 discharged from its respective committee and be 8 recommitted with instructions to strike the 9 enacting clause: Senate Print Number 4605. 10 ACTING PRESIDENT FARLEY: Without 11 objection. 12 SENATOR KUHL: Thank you. 13 ACTING PRESIDENT FARLEY: Senator 14 Mega. 15 SENATOR MEGA: Mr. President, on 16 page 16, Bill Number 1198, Calendar Number 128, 17 would you please place a sponsor's star on that 18 bill. 19 ACTING PRESIDENT FARLEY: The 20 bill is starred at the request of the sponsor. 21 SENATOR MEGA: On behalf of 22 Senator Marchi, on page 16, I offer the 23 following amendments to Calendar Number 56, 3008 1 Senate Print Number 1272, and ask that said bill 2 retain its place on Third Reading Calendar. 3 ACTING PRESIDENT FARLEY: 4 Amendments are received. The bill will retain 5 its place. 6 Senator Present. 7 SENATOR PRESENT: Mr. President, 8 on behalf of Senator Marino, I offer up the 9 following letters, ask that they be read and 10 when read, filed in the executive Journal. 11 ACTING PRESIDENT FARLEY: The 12 Secretary will read those letters. 13 THE SECRETARY: State of New 14 York, Department of State, Honorable Ralph J. 15 Marino, Temporary President and Majority Leader, 16 New York State Senate, Albany, New York, 12247. 17 Dear Senator Marino: 18 I have received today and filed 19 the resignation of Edward V. Regan for the 20 office of Comptroller of the state of New York. 21 With this letter, I communicate the fact of such 22 resignation to the Legislature as required by 23 the provisions of the Public Officers Law. 3009 1 Sincerely, Gail S. Shaffer, 2 Secretary of State. 3 Also to the Legislature of the 4 state of New York, The Capitol, Albany, New 5 York. 6 Dear Honorable Legislators: 7 I hereby submit my resignation as 8 Comptroller of the state of New York in accord 9 ance with Section 31 of the Public Officers 10 Law. This resignation is effective as of mid 11 night today. In accordance with the Public 12 Officers Law, section 9, I previously designated 13 Donald G. Dunn, First Deputy Comptroller, to 14 perform all the duties of the Comptroller. This 15 designation will be effective until such time as 16 the vacancy in the office of Comptroller is 17 filled in accordance with the law. 18 Sincerely, Edward V. Regan, 19 Comptroller. 20 ACTING PRESIDENT FARLEY: The 21 letters will be appropriately filed. 22 Senator Present. 23 SENATOR PRESENT: Would you 3010 1 recognize Senator Goodman, please. 2 ACTING PRESIDENT FARLEY: Senator 3 Goodman. 4 SENATOR GOODMAN: Mr. President, 5 I was out of the chamber on April 27, 1993 on 6 Senate business. Had I been here, I would have 7 voted in the negative on Calendar 460, Senate 8 Print 3639. 9 ACTING PRESIDENT FARLEY: The 10 record will so state. 11 SENATOR GOODMAN: Thank you, 12 sir. 13 ACTING PRESIDENT FARLEY: Senator 14 Present. 15 SENATOR PRESENT: Mr. President, 16 on behalf of Senator Marino, I offer the 17 following announcement, ask that it be read and 18 filed in the Journal. 19 ACTING PRESIDENT FARLEY: The 20 Secretary will read the announcement from 21 Senator Marino. 22 THE SECRETARY: May 3rd, 1993. 23 By Senator Marino: Please take notice that, in 3011 1 accordance with the New York State Legislative 2 Session Calendar, and pursuant to Rule VII, 3 Section 5, all bills reported by Senate standing 4 committees on and after Thursday, May 13, 1993 5 shall be reported to the Committee on Rules. 6 All bills introduced on and after May 13, 1993 7 shall be referred to the Committee on Rules 8 except those referred to the Committee on 9 Finance pursuant to Section 23 of the 10 Legislative Law. All bills received from the 11 Assembly on and after May 13, 1993 shall be 12 referred to the Committee on Rules except those 13 referred to the Committee on Finance pursuant to 14 Section 23 of the Legislative Law, and all bills 15 in all Senate standing committees shall be 16 considered eligible for discharge to and report 17 by the Committee on Rules. 18 Please take further notice, that 19 in accordance with the New York State 20 Legislative Session Calendar, and pursuant to 21 Rule VI, Section 5, the last day for unlimited 22 introduction of bills in the Senate shall be 23 Wednesday, May 5th, 1993. Thereafter, each 3012 1 member may introduce no more than ten bills. 2 ACTING PRESIDENT FARLEY: There 3 will be copies at the desk for any member that 4 wishes to have the particulars of that letter, 5 and the letter will be filed in the Journal. 6 Senator Present. 7 SENATOR PRESENT: Mr. President, 8 would you recognize Senator Spano, please. 9 ACTING PRESIDENT FARLEY: Senator 10 Spano. 11 SENATOR SPANO: Mr. President, I 12 have a resolution at the desk, ask that the 13 title be read. 14 ACTING PRESIDENT FARLEY: 15 Secretary will read the title of Senator Spano's 16 resolution. 17 THE SECRETARY: Legislative 18 Resolution, by Senator Spano, memorializing 19 Governor Mario M. Cuomo to proclaim May as 20 Mental Health Month in New York State. 21 ACTING PRESIDENT FARLEY: Senator 22 Spano on the resolution. 23 SENATOR SPANO: Mr. President, my 3013 1 colleagues, the month of May has continued to be 2 Mental Health Month across our nation and, in 3 keeping with the mental health awareness and in 4 conjunction with the state Mental Health 5 Association as well as the myriad of mental 6 health providers that we have across this state, 7 I'm glad that we have this resolution before us 8 and would ask that every member of this house 9 who would like to join me in becoming a sponsor 10 of this, please do so. 11 We in the state of New York are 12 blessed with a great number of voluntary 13 providers. We have many families, advocates, 14 consumer groups and a whole network of state and 15 community organizations that provide mental 16 health services all across our communities, and 17 the reason that we have such good strong vital 18 programs in the community is because of the 19 network that exists there, the linkages that 20 exist between that strong network and our state 21 system, and resolutions like this go a long way 22 towards overcoming the stigma that has been 23 attached to the consumers of mental health 3014 1 services in this state, where we have had family 2 members and providers of services and recipients 3 of services who, for too long, were not willing 4 to stand up to be counted, to speak out, and we 5 have seen the change over the last number of 6 years in that advocacy. 7 First and foremost in the 8 advocacy has been the Mental Health Association 9 in the state, and I appreciate the help that I 10 have received from them, groups like AMI, the 11 Alliance for the Mentally Ill, and so many 12 others, and they're here joining us in the 13 gallery today. 14 Mr. President, I'd ask that we 15 please pass this resolution and ask, hopefully, 16 all the members of the house will become 17 co-sponsors as well. 18 Thank you. 19 ACTING PRESIDENT FARLEY: Anybody 20 who wishes to be a sponsor of Senator Spano's 21 resolution, please notify the desk. We'll just 22 take a couple minutes here while the desk gets 23 your hands. 3015 1 On the resolution, all in favor 2 say aye. 3 (Response of "Aye.") 4 Those opposed nay. 5 (There was no response. ) 6 The resolution is unanimously 7 adopted. That resolution will be open for 8 anybody that wishes to be put on it. 9 Senator Present. 10 SENATOR PRESENT: Mr. President, 11 will you recognize Senator Larkin, please. 12 SENATOR LARKIN: Mr. President, 13 there will be an immediate meeting of the Local 14 Governments Committee in Room 332, Majority 15 Leader's Conference Room, for one bill. 16 ACTING PRESIDENT FARLEY: There 17 will be an immediate meeting of the Local 18 Governments Committee in 332, for one bill. 19 Senator Present. 20 SENATOR PRESENT: Mr. President, 21 shall we take up the non-controversial calendar, 22 please. 23 ACTING PRESIDENT FARLEY: 3016 1 Non-controversial, Secretary will read it. 2 THE SECRETARY: On page 22, 3 Calendar Number 338, by Senator Sears, Senate 4 Bill Number 3316-A, an act to amend the General 5 Business Law, in relation to protecting the 6 privacy of consumers renting or purchasing video 7 tapes. 8 ACTING PRESIDENT FARLEY: Read 9 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 SENATOR GOLD: Mr. President. 16 ACTING PRESIDENT FARLEY: Senator 17 Gold. 18 SENATOR GOLD: Yeah, slow down. 19 What's the number of the bill? 20 ACTING PRESIDENT FARLEY: We're 21 on 338. 22 SENATOR GOLD: Thank you, Mr. 23 President. May I ask -- I don't have a problem 3017 1 with it, but may I ask what happened to 128 2 which is listed? I have a listing here as - 3 ACTING PRESIDENT FARLEY: It was 4 starred earlier today. 5 SENATOR GOLD: Thank you, thank 6 you. 7 ACTING PRESIDENT FARLEY: You can 8 read the last section of 338. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 1st day of 11 January. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 47. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 447, by Senator Trunzo, Senate Bill Number 1992, 20 an act to amend the Criminal Procedure Law, in 21 relation to designating certain security 22 personnel at the Long Island MacArthur Airport. 23 ACTING PRESIDENT FARLEY: Read 3018 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FARLEY: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 47, nays 8 one, Senator Leichter recorded in the negative. 9 ACTING PRESIDENT FARLEY: That 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 473, by Senator Marino, Senate Bill Number 3828, 13 an act to amend Chapter 576 of the Laws of 14 1975. 15 SENATOR GOLD: Lay it aside. 16 ACTING PRESIDENT FARLEY: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 478, by Senator Spano, Senate Bill Number 3494, 20 an act to amend the Mental Hygiene Law. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 3019 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 49. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 481, by Senator Trunzo, Senate Bill Number 1299, 10 an act to allow Steven B. Olsen to retroactively 11 transfer membership in New York State and local 12 employees' retirement system. 13 ACTING PRESIDENT FARLEY: There's 14 a home rule message here at the desk. You can 15 read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT FARLEY: Call 19 the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 47, nays 22 two, Senators Gold and Leichter recorded in the 23 negative. 3020 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 482, by Senator DeFrancisco, Senate Bill Number 5 2187, an act to allow certain persons in the 6 employ of the town of Camillus in the county of 7 Onondaga prior to July 1st, 1973. 8 ACTING PRESIDENT FARLEY: Read - 9 there's a home rule message here at the desk. 10 You can read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 47, nays 2, 17 Senators Gold and Leichter recorded in the 18 negative. 19 ACTING PRESIDENT FARLEY: That 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 483, by Senator Volker, Senate Bill Number 2338, 23 an act to reopen the 20- and 25-year retirement 3021 1 plans to policemen and firemen. 2 ACTING PRESIDENT FARLEY: There's 3 a home rule message here at the desk. You can 4 read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 SENATOR LEICHTER: Which bill, 10 please? 11 THE SECRETARY: 483. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 49. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 486, by Senator Daly. 20 SENATOR GOLD: Lay aside. 21 ACTING PRESIDENT FARLEY: Laid 22 aside. 23 THE SECRETARY: Calendar Number 3022 1 488, by Senator Cook, Senate Bill Number 2291, 2 Public Authorities Law, and the Environmental 3 Conservation Law and the Education Law. 4 SENATOR GOLD: Lay it aside, 5 please. 6 ACTING PRESIDENT FARLEY: Laid 7 aside. 8 THE SECRETARY: Calendar Number 9 490, by Senator LaValle, Senate Bill Number 10 4142, Public Authorities Law, in relation to the 11 financing and construction of certain 12 facilities. 13 ACTING PRESIDENT FARLEY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FARLEY: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 49. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 3023 1 532, by Senator Spano, Senate Bill Number 4541, 2 authorize the village of Tuckahoe to finance a 3 deficit in its general fund. 4 ACTING PRESIDENT FARLEY: There's 5 a home rule message here at the desk. You can 6 read 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 51. 13 ACTING PRESIDENT FARLEY: The 14 bill is passed. 15 Senator Present, that's the first 16 time through. 17 SENATOR PRESENT: Mr. President, 18 let's take up the controversial calendar, 19 please. 20 ACTING PRESIDENT FARLEY: 21 Controversial, the Secretary will read. 22 THE SECRETARY: On page 26, 23 Calendar Number 473, by Senator Marino, Senate 3024 1 Bill Number 3828, an act to amend Chapter 576 of 2 the Laws of 1975. 3 SENATOR GOLD: Explanation. 4 ACTING PRESIDENT FARLEY: 5 Explanation has been asked for. Senator 6 Present, who's going to explain? 7 SENATOR LAVALLE: I am. 8 ACTING PRESIDENT FARLEY: Senator 9 LaValle. 10 SENATOR LAVALLE: On behalf of 11 Senator Marino, I will explain this bill, as I 12 did last year. 13 What this bill does is, it 14 provides additional opportunities for medical 15 education by authorizing the Commissioner of 16 Education to contract on a basis with the 17 University of Padua, Royal College of Surgeons 18 and St. George's University School of Medicine, 19 and New York State will form contracts with 20 these universities for our New York State 21 students as we have in the past with other 22 medical -- other medical colleges in -- outside 23 of the state of New York and lastly the 3025 1 individuals who -- who receive this education 2 will serve in medically under-served areas upon 3 graduation from medical school. 4 That's the bill, Mr. President. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 SENATOR GOLD: Mr. President. 8 ACTING PRESIDENT FARLEY: Senator 9 Gold. 10 SENATOR GOLD: Yeah, as was 11 indicated by Senator LaValle, we've had this 12 before. Senator Connor and Galiber and 13 Halperin, Leichter, Masiello, Montgomery, 14 Ohrenstein, Smith, Stachowski and myself voted 15 against it. 16 Last section. 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. ) 3026 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 473 are Senators 3 Connor, Galiber, Gold, Halperin, Leichter, 4 Markowitz, Ohrenstein, Onorato, Santiago, and 5 Solomon. Ayes 42, nays 10. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 486, by Senator Daly, Senate Bill Number 624, an 10 act to amend the Public Authorities Law, in 11 relation to the board of the Dormitory Authority 12 of the state of New York. 13 SENATOR GOLD: Explanation. 14 ACTING PRESIDENT FARLEY: 15 Explanation. Senator Daly. 16 SENATOR DALY: Mr. President, at 17 the present time the Dormitory Authority does 18 not have any representatives from the Legisla 19 ture. It's made up of four members appointed by 20 the Governor, plus some several commissioners. 21 I thought it would be appropriate that an agency 22 that is becoming, or an authority that's 23 becoming as important as the Dormitory Authority 3027 1 to have legislation representation. 2 Therefore, this bill would allow 3 the Majority Leader of the Senate and the 4 Speaker of the Assembly to appoint one member of 5 their respective houses to the Dormitory 6 Authority board of directors. 7 SENATOR GOLD: Mr. President. 8 ACTING PRESIDENT FARLEY: Senator 9 Gold. 10 SENATOR GOLD: Mr. President, we 11 we had this last year and 17 of us, mainly on 12 this side of the aisle, voted in opposition and 13 for very, very good reason. 14 Assemblyman Rappleyea, with his 15 Cornell education, is a very intelligent gentle 16 man, and we're talking about representation by 17 the Legislature with regard to the Dormitory 18 Authority, you provide rightfully so for 19 Assemblyman Weprin to have representation, but 20 you don't provide for a great stalwart of the 21 Republican Party, Cornell graduate Assemblyman 22 Rappleyea, to have an appointment, and the 23 members on this side find that very offensive. 3028 1 Oh, yeah, Fred Ohrenstein doesn't have an 2 appointment either, I understand. 3 Mr. President, we don't have to 4 go through the debate again. It's -- we are 5 elected to act as a body, but the fact of the 6 matter is that there are differences in our 7 opinions, and to take the naive position that 8 the Majority Leader of this house, who I greatly 9 respect, represents my political philosophies or 10 views is as naive as to say that the Republican 11 members of the Assembly would, en masse, give 12 their support to anything done by the Democratic 13 Speaker. 14 So, in these bills, if we want 15 legislative input, it seems clear that there 16 should be legislative input from all sides, and 17 I once again urge my colleagues on this side of 18 the aisle to vote against this bill and any 19 bills like it until such time as there is some 20 equitable representation of the various factions 21 of this Legislature involved. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 3029 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: Those recorded in 7 the negative on Calendar Number 486 are Senators 8 Connor, Galiber, Gold, Halperin, Jones, 9 Leichter, Markowitz, Montgomery, Ohrenstein, 10 Onorato, Oppenheimer, Santiago and Solomon. 11 Ayes 40, nays 13. 12 ACTING PRESIDENT FARLEY: That 13 bill is passed. 14 SENATOR PRESENT: Mr. President. 15 ACTING PRESIDENT FARLEY: Senator 16 Present. 17 SENATOR PRESENT: May we just 18 stand at ease for a few moments, please. 19 ACTING PRESIDENT FARLEY: Senate 20 will stand at ease. 21 Senator Montgomery. 22 SENATOR MONTGOMERY: Mr. 23 President, I would like to be recorded in the 3030 1 negative on Calendar 473. 2 ACTING PRESIDENT FARLEY: 473, 3 Senator Montgomery will be in the negative. 4 SENATOR MONTGOMERY: Thank you. 5 ACTING PRESIDENT FARLEY: Senator 6 Present. 7 SENATOR PRESENT: Mr. President, 8 will you recognize Senator Tully, please. 9 ACTING PRESIDENT FARLEY: Senator 10 Tully. 11 SENATOR TULLY: Mr. President, I 12 believe I have a resolution at the desk. May I 13 have it read in its entirety, please. 14 ACTING PRESIDENT FARLEY: The 15 Secretary will read Senator Tully's resolution 16 in its entirety. 17 THE SECRETARY: Legislative 18 Resolution, by Senator -- Senators Tully - 19 ACTING PRESIDENT FARLEY: Hold 20 on. Let's hold it down. Thank you. 21 Secretary will read it. 22 THE SECRETARY: Legislative 23 Resolution, by Senators Tully, Marino and 3031 1 others, honoring the Henry Viscardi School 2 senior class upon their trip to the New York 3 State Capitol on May 3rd, 1993. 4 WHEREAS, in the course of the 5 evolving development of this Empire State, if 6 the ingredients of shared concern and responsive 7 endeavor combine in the symmetry of commitment 8 to heritage, there have emerged among the 9 distinguished citizenry of the state of New York 10 certain students who warrant special 11 recognition; 12 It is the sense of this 13 legislative body to commend students of such 14 magnanimous conduct and bearing, specifically 15 the Henry Viscardi School senior class upon the 16 occasion of their trip to the New York State 17 Capitol on May 3rd, 1993; 18 The senior class of the Henry 19 Viscardi High School, through their assiduous 20 commitment to the study of the legislative 21 process, are invited guests of this legislative 22 body and will arrive on May 3rd, 1993 to 23 supplement their studies by witnessing the New 3032 1 York State Legislature in progress; 2 It is the sense of this 3 legislative body that those who give positive 4 definition to the profile and disposition of 5 their communities do so profoundly strengthen 6 their commitment to the exercise of freedom; 7 Through their long and sustained 8 commitment to the principles upon which this 9 beloved nation was first founded, the Henry 10 Viscardi School senior class has so demonstrably 11 advanced the perception of Albertson, New York 12 as a caring and united community; 13 It is the sense of this 14 legislative body that the Henry Viscardi School 15 senior class has so unselfishly advanced the 16 spirit of united purpose which is the 17 unalterable manifestation of our American 18 experience; 19 NOW, THEREFORE, BE IT RESOLVED 20 that this legislative body pause in its 21 deliberations to honor the Henry Viscardi School 22 senior class upon the occasion of their trip to 23 the New York State Capitol on May 3rd, 1993; and 3033 1 BE IT FURTHER RESOLVED that 2 copies of this resolution, suitably engrossed, 3 be transmitted to students James Allen, Brian 4 Cella, Christian Chavez, Alan Corey, Todd 5 Decker, Nancy Dubin, Alison Evans, Brian Garton, 6 John LaMacchia, Chicho Mertsaris, Angela 7 Pittala, Anita Richichi, Ramon Rodriguez, James 8 Walsh, Brian Wiegand and Cybil Wilson. 9 ACTING PRESIDENT FARLEY: Senator 10 Tully, on the resolution. 11 SENATOR TULLY: Yes, Mr. 12 President. 13 Today as in many, many years 14 past, we were to have the honor of hosting this 15 year's senior class at the Henry Viscardi School 16 as our guests in the chamber. Unfortunately, 17 due to scheduling conflicts and no doubt because 18 of the ability of the Governor to communicate 19 with individuals, as I understand it, these 20 youngsters are currently meeting with the 21 Governor, and the situation that exists here in 22 the Senate chamber is such that we're about to 23 conclude our business. Therefore, in order to 3034 1 get this resolution on the record, it was 2 incumbent upon us to go forward with it and 3 hopefully during the course of my remarks, the 4 students will enter the chamber, and you will be 5 able to give them proper recognition. 6 The Henry Viscardi School in 7 Albertson, New York specializes in educating 8 students with severe physical disabilities from 9 throughout the New York metropolitan region. 10 Each year the senior class takes a trip to 11 Albany to witness the New York State government 12 in action. These students whose special brand 13 of strength and determination has enabled them 14 to overcome their disabilities and instead focus 15 on their abilities and talents, are among the 16 most gifted students that I've ever met. 17 This year's class has 16 18 graduating seniors, all of whom have made post 19 graduation plans. Some have made plans to go to 20 college and some have made plans for a 21 transition into vocational training programs. 22 Whatever their intention, knowing these young 23 adults and the school from which they come, each 3035 1 will be an important and productive member of 2 society. 3 Mr. President, as in the past 4 years, I would hope that all of my colleagues 5 will join me in welcoming the senior class of 6 the Henry Viscardi School to Albany whenever 7 that time arrives. 8 ACTING PRESIDENT FARLEY: Senator 9 Marchi. 10 SENATOR MARCHI: Mr. President, I 11 certainly -- it's a nostalgic echo that Senator 12 Tully sounded in behalf of Mr. Viscardi and the 13 school and the people who have been annually 14 recognized. 15 The undoubtedly authentic quality 16 that has been imparted by the school and Mr. 17 Viscardi is something that I take on the weight 18 of authority, the authority of people who 19 represent that area so well, but I remember 20 Senator Caemmerer making the same presentation 21 with the same fervor and eloquence that Senator 22 Tully did and Senator Spano before him. 23 So as long -- as many years as I 3036 1 can recall, this is a service and a presence 2 that has elicited the grateful approbation of 3 the -- of the area involved, but in its 4 presentation to the entire membership here, I 5 think it strikes a responsive chord. So my 6 compliments, Senator. 7 ACTING PRESIDENT FARLEY: Senator 8 Maltese. 9 SENATOR MALTESE: I'd just like 10 to add a word to my good colleagues, Senator 11 Tully and Senator Marchi. 12 I think the students and the 13 school truly exemplify the name -- the founder's 14 name. Henry or "Hank" Viscardi is well known 15 throughout the nation for his contributions to 16 the disabled or the youngsters that need that 17 special type of help. It's youngsters like this 18 that make him and all of us proud. 19 Henry Viscardi himself who was, I 20 would say some would call him handicapped 21 because of the lack of legs, rose above that. 22 He wrote a book, I recall, A MAN'S STATURE, with 23 the implication that a man's stature could not 3037 1 be measured by his height or anything physical, 2 but by what's inside of him. 3 I think these youngsters are an 4 example for all of us and are truly to be 5 saluted, and I commend my colleagues in doing 6 so. 7 ACTING PRESIDENT FARLEY: Senator 8 Tully, is the resolution open? 9 SENATOR TULLY: Yes, it is, Mr. 10 President. 11 ACTING PRESIDENT FARLEY: The 12 resolution is open for anybody who wishes to be 13 on it. 14 On the resolution, all in favor 15 say aye. 16 (Response of "Aye.") 17 Those opposed nay. 18 (There was no response. ) 19 The resolution is adopted. 20 Senator Waldon. 21 SENATOR WALDON: Mr. President, I 22 respectfully request unanimous consent to be 23 recorded in the negative on Calendar Number 486. 3038 1 ACTING PRESIDENT FARLEY: Without 2 objection. 3 Senator Stachowski. 4 SENATOR STACHOWSKI: Mr. 5 President, can I have unanimous consent to be 6 recorded in the negative on Calendar Number 473. 7 ACTING PRESIDENT FARLEY: Without 8 objection. 9 Senator Cook. 10 SENATOR COOK: Star Calendar 11 Number 488, please. 12 ACTING PRESIDENT FARLEY: 488 is 13 starred at the request of the sponsor. 14 Senator Present. 15 SENATOR PRESENT: Mr. President, 16 can we return to reports of standing 17 committees. I believe there's one at the desk. 18 ACTING PRESIDENT FARLEY: Yes, 19 there is. Secretary will read a report of a 20 standing committee. 21 THE SECRETARY: Senator Larkin, 22 from the Committee on Local Governments, reports 23 the following bill directly for third reading: 3039 1 Senate Bill Number 4773 by Senator Cook, an act 2 authorizing Greene County to sell and convey 3 certain lands, reported directly for third 4 reading. 5 ACTING PRESIDENT FARLEY: Without 6 objection, right to third reading. 7 Senator Smith. 8 SENATOR SMITH: Thank you, Mr. 9 President. I request unanimous consent to be 10 recorded in the negative on Calendar Number 473 11 and 486. 12 ACTING PRESIDENT FARLEY: Without 13 objection. 14 SENATOR SMITH: Thank you. 15 ACTING PRESIDENT FARLEY: Senator 16 Present. 17 SENATOR PRESENT: Mr. President, 18 there being no further business, I move that we 19 adjourn until tomorrow at 3:00 p.m. 20 ACTING PRESIDENT FARLEY: Senate 21 stands adjourned until tomorrow, regular hour. 22 (Whereupon at 3:50 p.m., the 23 Senate adjourned. )