Wednesday, January 5, 1994

1 2 3 4 5 6 7 ALBANY, NEW YORK 8 January 5, 1994 9 12:25 p.m. 10 11 12 REGULAR SESSION 13 14 15 16 LT. GOVERNOR STAN LUNDINE, President 17 STEPHEN F. SLOAN, Secretary 18 19 20 21 22 23 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 I'd like to ask everyone present 5 to rise and repeat the Pledge of Allegiance with 6 me. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 Please be seated. 10 The invocation today will be 11 given by the Right Reverend David S. Ball, 12 Bishop of the Episcopal Diocese of Albany. 13 Reverend Ball -- Bishop Ball. 14 BISHOP BALL: Thank you. Instead 15 of saying a brief prayer for the Senate, I'm 16 going to offer a more inclusive prayer for the 17 common life in this country of ours. 18 Almighty God, You have given us 19 this good land for our heritage. We humbly 20 beseech You that we may always prove ourselves a 21 people mindful of Your favor and glad to do Your 22 will. Bless our land with honorable industry, 23 sound learning and pure manners. Save us from 1 violence, discord and confusion, from pride and 2 arrogance and from every evil way. Defend our 3 liberties and fashion into one united people the 4 multitudes brought here out of many places and 5 tongues. Imbue the spirit of wisdom those to 6 whom in Your name we entrust the authority of 7 government, especially members of this Senate, 8 that there may be justice and peace at home and 9 that, through obedience to Your law, we may show 10 forth Your praise among the nations of the 11 earth. In the time of prosperity, fill our 12 hearts with thankfulness and in the day of 13 trouble, suffer not our trust in You to fall or 14 to fail. We ask these things in Your holy and 15 life-giving name. Amen. 16 Thank you, Governor. 17 THE PRESIDENT: Thank you very 18 much. 19 The Secretary will call the 20 roll. 21 THE SECRETARY: Senator Babbush. 22 (There was no response.) 23 Senator Bruno. 1 (There was no response.) 2 Senator Connor. 3 SENATOR CONNOR: Here. 4 THE SECRETARY: Senator Cook. 5 SENATOR COOK: Here. 6 THE SECRETARY: Senator Daly. 7 SENATOR DALY: Here. 8 THE SECRETARY: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: Here. 11 THE SECRETARY: Senator DiCarlo. 12 SENATOR DiCARLO: Here. 13 THE SECRETARY: Senator 14 Dollinger. 15 SENATOR DOLLINGER: Here. 16 THE SECRETARY: Senator Espada. 17 SENATOR ESPADA: Here. 18 THE SECRETARY: Senator Farley. 19 SENATOR FARLEY: Here. 20 THE SECRETARY: Senator Galiber. 21 SENATOR GALIBER: Here. 22 THE SECRETARY: Senator Gold. 23 (There was no response.) 1 Senator Gonzalez. 2 SENATOR GONZALEZ: Here. 3 THE SECRETARY: Senator Goodman. 4 SENATOR GOODMAN: Here. 5 THE SECRETARY: Senator Hannon. 6 (There was no response.) 7 Senator Hoffmann. 8 SENATOR HOFFMANN: Here. 9 THE SECRETARY: Senator Holland. 10 (There was no response. ) 11 Senator Johnson. 12 SENATOR JOHNSON: Here. 13 THE SECRETARY: Senator Jones. 14 SENATOR JONES: Here. 15 THE SECERETARY: Senator Kuhl. 16 SENATOR KUHL: Present. 17 THE SECRETARY: Senator Lack. 18 (There was no response.) 19 Senator Larkin. 20 (There was no response.) 21 Senator LaValle. 22 SENATOR LAVALLE: Here. 23 THE SECRETARY: Senator 1 Leichter. 2 SENATOR LEICHTER: Here. 3 THE SECRETARY: Senator Levy. 4 SENATOR LEVY: Aye. 5 THE SECRETARY: Senator Libous. 6 SENATOR LIBOUS: Here. 7 THE SECRETARY: Senator Maltese. 8 SENATOR MALTESE: Here. 9 THE SECRETARY: Senator Marchi. 10 SENATOR MARCHI: Present. 11 THE SECRETARY: Senator Marino, 12 here. 13 Senator Markowitz. 14 SENATOR MARKOWITZ: Here. 15 THE SECRETARY: Senator Mendez. 16 (There was no response.) 17 Senator Montgomery. 18 (There was no response.) 19 Senator Nolan. 20 (There was no response.) 21 Senator Nozzolio. 22 SENATOR NOZZOLIO: Present. 23 THE SECERETARY: Senator 1 Ohrenstein. 2 SENATOR OHRENSTEIN: Here. 3 THE SECRETARY: Senator 4 Oppenheimer. 5 (There was no response.) 6 Senator Padavan. 7 (There was no response.) 8 Senator Paterson. 9 (There was no response.) 10 Senator Present. Senator Present 11 excused. 12 Senator Rath. 13 SENATOR RATH: Here. 14 THE SECRETARY: Senator Saland. 15 SENATOR SALAND: Here. 16 THE SECRETARY: Senator 17 Santiago. 18 SENATOR SANTIAGO: Here. 19 THE SECRETARY: Senator Sears. 20 SENATOR SEARS: Here. 21 THE SECRETARY: Senator Seward. 22 SENATOR SEWARD: Here. 23 THE SECRETARY: Senator Skelos. 1 SENATOR SKELOS: Here. 2 THE PRESIDENT: A quorum is 3 present. There will be order in the chamber. 4 The Chair hands down a 5 communication from the Governor. The Secretary 6 will read. 7 THE SECRETARY: January 4th, 8 1994: Dear Mr. President: I would appreciate 9 the privilege of appearing before your honorable 10 bodies in joint session on Wednesday, January 11 5th, 1994 at 1:00 p.m., or as soon thereafter as 12 may be convenient to deliver personally my 13 annual message to the Legislature. 14 Sincerely, Mario Cuomo. 15 THE PRESIDENT: Senator Marchi. 16 SENATOR MARCHI: Mr. President, 17 in this connection, we have two distinguished 18 members from the Assembly who wish to impart 19 their wisdom and their message to us. 20 THE PRESIDENT: Assemblyman 21 Silver and Assemblyman Healy are recognized. 22 ASSEMBLYMAN SILVER: Assemblyman 23 Healy and I are here to advise you that the 1 Assembly has organized for the 1994 session, 2 invites you to join us in the Assembly Chamber 3 for the governor's speech, State of the State 4 address, and we hope to expect your presence 5 before 1:00 o'clock to start. 6 THE PRESIDENT: Thank you, 7 Assemblyman Silver. 8 Senator Marchi. 9 SENATOR MARCHI: Mr. President, I 10 have -- hand up this following resolution, 11 request that it be read and - 12 THE PRESIDENT: Secretary will 13 read. 14 SENATOR MARCHI: -- acted upon. 15 THE PRESIDENT: Like to ask for 16 order in the chamber. 17 THE SECRETARY: By Senator 18 Marino: Resolved, if the Assembly concur, that 19 the Senate and Assembly meet in joint session in 20 the Assembly Chamber at 1:00 p.m. today for the 21 purpose of receiving a message from the 22 Governor. 23 THE PRESIDENT: On the 1 resolution, all those in - 2 THE SECRETARY: The Assembly 3 transmits their adopted resolution, the same as 4 the one that was just read. 5 THE PRESIDENT: The Assembly 6 resolution will be substituted. 7 On the resolution, all those in 8 favor say aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response.) 12 The ayes have it. The resolution 13 is adopted. 14 Senator Marchi. 15 SENATOR MARCHI: On behalf of 16 Senator Marino, I submit the following 17 resolution and request that it be read and 18 moved. 19 THE PRESIDENT: Secretary will 20 read. 21 THE SECRETARY: By Senator 22 Marino, resolved that a committee of two be 23 appointed to inform the Governor that the Senate 1 has adjourned its 216th session sine die and has 2 again convened and has organized and is ready to 3 proceed to business and will meet with the 4 Assembly in joint session in the Assembly 5 Chamber at 1:00 o'clock p.m. today to receive 6 the Governor's message. 7 THE PRESIDENT: On the 8 resolution, all those in favor say aye. 9 (Response of Aye.") 10 Opposed nay. 11 (There was no response.) 12 The ayes have it. The resolution 13 is adopted. 14 The Chair appoints Senator Daly 15 and Senator Dollinger to wait upon the Governor. 16 Senator Marchi. 17 SENATOR MARCHI: Mr. President, 18 on behalf of Senator Marino, I hand up the 19 following resolution, request that it be acted 20 upon. 21 THE PRESIDENT: The Secretary 22 will read. 23 SENATOR MARCHI: Move its 1 adoption. 2 THE SECRETARY: By Senator 3 Marino: Resolved that a committee of two be 4 appointed to inform the Assembly that the Senate 5 has adjourned its 216th session sine die and has 6 again convened and is organized and is ready to 7 proceed with business, and will meet with the 8 Assembly in joint session in the Assembly 9 Chamber at 1:00 o'clock p.m. today to receive 10 the Governor's message. 11 THE PRESIDENT: On the 12 resolution, all those in favor say aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response.) 16 The ayes have it. The resolution 17 is adopted. 18 The Chair appoints Senator Rath 19 and Senator Waldon to wait upon the Assembly. 20 Senator Marchi. 21 SENATOR MARCHI: Mr. President, 22 on behalf of Senator Marino, I hand up the 23 following resolution, request that it be read 1 and adopted and also request the members to pay 2 attention. There is a slight modification from 3 usual procedures here. 4 THE SECRETARY: Senate 5 Resolution, by Senator Marino: Resolved, that 6 unless otherwise ordered by the Senate the hours 7 of meeting shall be as follows: Mondays 3:00 8 p.m., Tuesdays 3:00 p.m., Wednesdays and 9 Thursdays at 11:00 a.m., and Fridays at 10:00 10 a.m. 11 THE PRESIDENT: On the resolution 12 all those in favor say aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response.) 16 The ayes have it. The resolution 17 is adopted. 18 Senator Marchi. 19 SENATOR MARCHI: Mr. President, 20 again Senator Marino requests that this 21 resolution be read and adopted. I submit it, 22 Mr. President. 23 THE PRESIDENT: Secretary will 1 read. 2 THE SECRETARY: By Senator 3 Marino: Resolved, that during the 217th 4 legislative session, notwithstanding any rule to 5 the contrary, the Temporary President, when 6 acting as President or the Senator presiding 7 upon the designation of the Temporary President 8 during any such period, shall be vested with all 9 the powers and duties conferred by the rules of 10 the Senate and by Section 40 of the Legislative 11 Law upon the President. 12 SENATOR MARCHI: Mr. President. 13 THE PRESIDENT: Senator Marchi. 14 SENATOR MARCHI: In the interest 15 of -- I believe the resolution mentions 11:00 16 o'clock on Friday. 17 THE PRESIDENT: The resolution I 18 have - 19 SENATOR MARCHI: It should read 20 11:00 o'clock Friday. 21 THE PRESIDENT: So the resolution 22 will be -- without objection, the resolution 23 will be amended to provide the hours as follows: 1 Mondays 3:00 o'clock, Tuesdays 3:00 o'clock, 2 Wednesdays, Thursdays and Fridays at 11:00 3 o'clock. Is that correct? 4 SENATOR MARCHI: That's correct. 5 THE PRESIDENT: On the 6 resolution, all those in favor say aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response.) 10 The ayes have it. The resolution 11 is adopted. 12 On the resolution regarding the 13 Temporary President, all those in favor say aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response.) 17 The ayes have it. The resolution 18 is adopted. 19 SENATOR MARCHI: Mr. President. 20 THE PRESIDENT: Senator Marchi. 21 SENATOR MARCHI: On behalf of 22 Senator Levy, I'd like to announce a Majority 23 Conference in Room 332 immediately following the 1 State of the State message. 2 THE PRESIDENT: Senator Marchi. 3 SENATOR MARCHI: Mr. President, I 4 move that the Senate stand in recess while we go 5 to the Assembly to receive the Governor's 6 message. 7 THE PRESIDENT: The Senate stands 8 in recess. 9 (Whereupon at 12:39 p.m., the 10 Senate recessed. ) 11 (The Senate reconvened at 5:15 12 p.m.) 13 ACTING PRESIDENT FARLEY: The 14 Senate will come to order. 15 Senator Kuhl. 16 SENATOR KUHL: Yes, Mr. 17 President. Is there a privileged resolution at 18 the desk? 19 ACTING PRESIDENT FARLEY: There 20 is, Senator Kuhl. 21 SENATOR KUHL: If there is, I'd 22 ask the clerk to read the title, please. 23 ACTING PRESIDENT FARLEY: Clerk 1 will read the title. 2 THE SECRETARY: Legislative 3 Resolution, by Senator Johnson, honoring the 4 students and faculty members participating in 5 the West Babylon Russian Exchange Program on the 6 occasion of a reception in their honor on 7 January 11th, 1994. 8 SENATOR KUHL: Mr. President, I 9 move we adopt the resolution. 10 ACTING PRESIDENT FARLEY: All in 11 favor of adopting the resolution, say aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response. ) 15 The resolution is adopted. 16 Senator Kuhl. 17 SENATOR KUHL: Mr. President, I 18 move that the Senate adjourn until Monday at 19 3:00 p.m., intervening days to be legislative 20 days. 21 ACTING PRESIDENT FARLEY: Senate 22 stands adjourned until Monday at 3:00 p.m., 23 intervening days to be legislative days. 1 SENATOR GOLD: Party vote, party 2 vote. 3 Mr. President. 4 ACTING PRESIDENT FARLEY: Senator 5 Gold, before we adjourn. 6 SENATOR GOLD: Yes, Mr. 7 President. Before we adjourn I think that the 8 record ought to indicate that the last hour 9 produced an awful lot of really great things and 10 I want to congratulate Senator Ohrenstein for 11 his guidance in getting me out of here so 12 quickly. 13 ACTING PRESIDENT FARLEY: The 14 Senate will stand adjourned. 15 (Whereupon at 5:16 p.m., the 16 Senate adjourned. ) 17 18 19 20