Tuesday, March 1, 1994

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 1, 1994 11 3:24 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 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Please 3 rise to the Pledge of Allegiance to the flag. 4 (Whereupon, the Senate joined in 5 the Pledge of Allegiance to the Flag.) 6 Before we have our moment of 7 silence, I would like to recognize Senator Gold. 8 SENATOR GOLD: Thank you, Mr. 9 President. My colleagues, yesterday, we were 10 honored with the presence of Rabbi Butman from 11 the Lubavitch Youth Movement and we passed a 12 resolution. It is with the greatest distress 13 that I have to tell you that there was an 14 incident in New York today, earlier today, where 15 a van which contained some young Lubavitch 16 students who had apparently been visiting Rabbi 17 Schneerson, who was at a doctor, were fired upon 18 by a passing car as they left the FDR Drive and 19 were onto the Brooklyn Bridge. There are 20 details which are very sketchy, and I don't want 21 to give any of the rumors because that can only 22 cause some problem. 23 I know the Governor and some 1 other people, even Reverend Sharpton, I 2 understand, have spoken out against this, but 3 perhaps in our prayers today, which is so close 4 to the ceremony of yesterday, we might 5 remember or think about the four young men -- I 6 think all in their teens. Two, I think, are 7 still in critical condition or three in critical 8 condition in St. Vincent's hospital. But we 9 might just want to remember them in our prayers. 10 ACTING PRESIDENT FARLEY: Please 11 bow our heads for a moment of silence in 12 remembrance of the tragedy on the Brooklyn 13 Bridge today. 14 (Whereupon, there was a moment of 15 silence.) 16 The Secretary will begin by 17 reading the Journal. 18 THE SECRETARY: In Senate, 19 Monday, February 28. The Senate met pursuant to 20 adjournment. Senator Padavan in the chair upon 21 designation of the Temporary President. The 22 prayer was given by Rabbi Butman of Brooklyn, 23 New York. The Journal of Friday, February 25, 1 was read and approved. On motion, Senate 2 adjourned. 3 ACTING PRESIDENT FARLEY: Hearing 4 no objection, the Journal will stand approved as 5 read. 6 The order of business: 7 Presentation of petitions. 8 Messages from the Assembly. 9 Messages from the Governor. 10 Reports of standing committees. 11 Reports of select committees. 12 Communications and reports from 13 State officers. 14 Motions and resolutions. 15 Senator Lack. 16 SENATOR LACK: Thank you, Mr. 17 President. On behalf of Senator Johnson, I move 18 that his bill S.3175 be discharged from its 19 committee and be recommitted with instructions 20 to strike the enacting clause. 21 ACTING PRESIDENT FARLEY: So 22 ordered. 23 SENATOR LACK: Thank you, Mr. 1 President. On behalf of Senator Volker, on page 2 7, I offer the following amendments to his bill, 3 Calendar Number 181, Senate Print 1424, and ask 4 that the bill retain its place on the Third 5 Reading Calendar. 6 ACTING PRESIDENT FARLEY: Without 7 objection, the bill will retain its place. 8 Senator Skelos. 9 SENATOR SKELOS: On behalf of 10 Senator Wright, I move that the following bills 11 be discharged from their respective committees 12 and be recommitted with instructions to strike 13 the enacting clause: 14 Senate Print Numbers 2388, 3806B, 15 3807B, 3808, 3812, 3813A, 4109, 4436, 4437, 5472 16 and 5473. 17 ACTING PRESIDENT FARLEY: All 18 bills are recommitted. 19 We have a substitution. 20 Senator LaValle, do you have a 21 motion? 22 SENATOR LAVALLE: Yes. Mr. 23 President. I would like unanimous consent. I 1 was on Senate business on February the 15th, 2 1994, when the vote on Calendar Number 156, 3 Senate Print Number 1942, was taken. I would 4 like the record to reflect that had I been in 5 the chamber, I would have voted in the 6 affirmative. 7 ACTING PRESIDENT FARLEY: The 8 record will show. 9 We have a substitution. 10 Secretary will read it. 11 THE SECRETARY: On page 6 of 12 today's calendar, Senator Skelos moves to 13 discharge the Committee on Aging from Assembly 14 Bill Number 9317, and substitute it for the 15 identical Calendar 111. 16 ACTING PRESIDENT FARLEY: 17 Substitution is ordered. 18 Are there any other motions on 19 the floor? 20 (There was no response.) 21 Senator Present. 22 SENATOR PRESENT: Mr. President. 23 I move that we adopt the Resolution Calendar 1 with the exception of 2673 and 2736. 2 ACTING PRESIDENT FARLEY: All in 3 favor of adopting the Resolution Calendar with 4 exceptions, say aye. 5 (Response of "Aye.") 6 Those opposed, nay. 7 (There was no response.) 8 The Resolution Calendar is 9 adopted. 10 SENATOR PRESENT: Recognize 11 Senator DiCarlo. 12 ACTING PRESIDENT FARLEY: Senator 13 Levy. 14 SENATOR LEVY: Mr. President. On 15 February 15, I wasn't in the chamber when a vote 16 on Calendar 156, Senate Print 1942, was taken, 17 and I would like the record also to reflect that 18 if I had been in the chamber, I would have voted 19 in the affirmative. 20 ACTING PRESIDENT FARLEY: The 21 record will so state. 22 Senator DiCarlo. 23 SENATOR DiCARLO: Mr. President. 1 I would like to open for co-sponsorship 2 Resolution Number 2745 for the 75th anniversary 3 of the American Legion National. 4 ACTING PRESIDENT FARLEY: The 5 resolution on the American Legion is open for 6 co-sponsorship. Please let the desk know. 7 SENATOR GOLD: Senator Present 8 says everybody. 9 SENATOR PRESENT: Yes. 10 ACTING PRESIDENT FARLEY: The 11 entire Senate will be on the resolution. If you 12 wish not to, approach the desk. 13 Senator Present. 14 SENATOR PRESENT: Would you 15 recognize Senator Skelos, please. 16 ACTING PRESIDENT FARLEY: Senator 17 Skelos. 18 SENATOR SKELOS: Mr. President. 19 I'd ask at this time that Resolution Number 2673 20 be read in its entirety. 21 ACTING PRESIDENT FARLEY: 22 Secretary will read Senator Skelos' resolution 23 in its entirety. 1 THE SECRETARY: Legislative 2 Resolution 2673, by Senator Skelos and other 3 members of the Senate, memorializing the 4 Honorable Mario M. Cuomo to proclaim May 25, 5 1994, as Missing Children's Day in New York 6 State. 7 Whereas, the children of today 8 are our citizens of tomorrow and deserve a voice 9 to protect their interests. 10 More than one million children 11 are reported missing, abducted, murdered, lost, 12 injured or have run away in the United States 13 each year. There are currently more than 4500 14 children missing in the State of New York. 15 The injury of abduction has been 16 proven to cause permanent emotional trauma to 17 not only the children but to relatives and 18 others who are close to the child. 19 Missing children, including those 20 abducted by family members or strangers and 21 those who run away, often suffer from emotional, 22 physical and sexual abuse. 23 It is important to remember all 1 children who are missing. The New York State 2 Senate is joining forces with other missing 3 children's organizations, criminal justice 4 officials and concerned citizens throughout 5 America, to observe 1994 National Missing 6 Children's Day. 7 Now, therefore be it, resolved, 8 that the New York State Senate designates May 9 25, 1994, as Missing Children's Day in New York 10 State; and 11 Be it further, resolved, that the 12 New York State Senate reaffirms its commitment 13 to address the issues of missing and exploited 14 children during 1994 National Missing Children's 15 Day and throughout the year; and 16 Be it further, resolved, that on 17 this day, parents throughout New York State are 18 urged to be aware of the potential threat of 19 child abduction and exploitation and to 20 emphasize to their children the importance of 21 knowing their full names, addresses and 22 telephone numbers and of avoiding situations 23 that can lead to abduction; and 1 Be it further, resolved, that a 2 copy of this resolution, suitably engrossed, be 3 transmitted to the Honorable Mario M. Cuomo, 4 Governor of the State of New York. 5 ACTING PRESIDENT FARLEY: All in 6 favor of the resolution, please say aye. 7 (Response of "Aye.") 8 Those opposed, nay. 9 (There was no response.) 10 The resolution is adopted. 11 Senator Present. 12 SENATOR PRESENT: Would you 13 recognize Senator LaValle, please. 14 ACTING PRESIDENT FARLEY: Senator 15 LaValle. 16 SENATOR LAVALLE: Yes. Mr. 17 President. We have a resolution which I would 18 like you to call, Resolution 2736. Could you 19 read the title, please. 20 ACTING PRESIDENT FARLEY: 21 Secretary will read the title of the resolution. 22 THE SECRETARY: Legislative 23 Resolution 2736, by Senators LaValle, Marino, 1 Stafford, and others, conveying profound 2 admiration and deserving tribute in recognition 3 of the distinguished career and contributions of 4 D. Bruce Johnstone, Chancellor of the State 5 University of New York, on the occasion of his 6 departure from office, March 1, 1994. 7 ACTING PRESIDENT FARLEY: Senator 8 LaValle. 9 SENATOR LAVALLE: Mr. President. 10 The resolution is a very lengthy one, but I 11 think it is very fitting that this resolution is 12 before this body today, today being SUNY Day, 13 and I'm sure that each of you have had numerous 14 visits by people throughout the SUNY system. 15 This resolution is being 16 sponsored -- the prime sponsor is Assemblyman 17 Sam Hoyt. And Sam's father, Bill Hoyt, former 18 Assemblyman Bill Hoyt, and Chancellor Johnstone 19 were very, very close personal friends. And 20 most of the contents in thisresolution were 21 really drafted by Assemblyman Hoyt, and I think 22 really reflect the true character and persona of 23 Chancellor Johnstone. I would like to just read 1 just a piece of this. 2 The life and career of D. Bruce 3 Johnstone personifies a purposeful journey of a 4 man of uncommon qualities, disclosing much more 5 than a stereotypic bureaucrat who has guarded 6 academia's ivied sanctums; revealed, instead is 7 the caring custodian of education whose 8 responsible sensitivities and dauntless 9 determinations have brought a velveted hand of 10 helmsmanship to the ponderous flagship of New 11 York's education system as it passed through 12 turbulent waters towards the horizon of the 21st 13 century. 14 And it goes on to resolve our 15 respect for Chancellor Johnstone as an 16 educator. 17 Chancellor Johnstone took the 18 helm of the State University system, as I 19 indicated, during very, very turbulent times. 20 The worst budgets that SUNY was dealt were dealt 21 on his watch, and certainly it's never easy to 22 administrate anything when there is no money. 23 It's always fun when there is lots of money and 1 you're building systems and you are building 2 buildings and you are building programs. That 3 was not the case. 4 But one of the things that 5 Chancellor Johnstone did do, and I think 6 something that he was particularly proud of and 7 what he, I believe, would like as his signature 8 on his Chancellorship on his watch was the 9 creation of what is known as "SUNY 2000." 10 SUNY 2000 is a very broad plan, a 11 blueprint. Doesn't have a lot of great detail, 12 but it is the vision of what the individuals who 13 put this together, the trustees, the Chancellor, 14 the administration and the faculty, of what we 15 envision SUNY to be in the year 2000. 16 For the record, I am going to 17 read just a portion of the Chancellor's letter 18 at the beginning of the SUNY 2000, because I 19 think it captures what he would like to see 20 happen in years beyond 1994. The Chancellor's 21 letter read as follows, in part: 22 "This is a plan or at least the 23 first step of a plan for the State University of 1 New York for the remainder of the decade of the 2 1990s and into the next century. A plan is not 3 a prediction of the future nor, to be useful, is 4 it a projection of what we wish the future to 5 be. Rather, a plan is an action agenda for the 6 present tempered by a realistic, though hopeful, 7 assessment of the future. A worthwhile plan for 8 the State University in the 1990s should be a 9 source of goals and principles combined with 10 actions that we can begin to take now in order 11 to reach the vision we set for a decade hence. 12 In 1989, with this concept planning in mind, we 13 establish a ongoing process called SUNY 2000, 14 whose goals are to: 15 "1. Articulate a vision for the 16 State University of New York as it approaches 17 the 21st century; 18 "2. Hold to this vision while 19 developing concrete, systemwide plans cognizant 20 of the State's demographic, fiscal and political 21 climate in the 1990s; and 22 "3. Stimulate campus plans that 23 both respond to the SUNY 2000 goals for the 1 system and transcend them, reflecting the unity 2 of the university as well as its diversity and 3 decentralization. 4 "Overall, SUNY 2000 seeks a 5 whole that is more than the sum of SUNY's 64 6 parts, a plan for a large complex institution 7 like a university will probably not in the end 8 yield goals that will surprise or shock the 9 reader any more than it will contain goals that 10 will profoundly wrench or disrupt the 11 institution. The past is both rewarding and 12 constraining. What any institution can or will 13 become is very much a function of what that 14 institution is and has been. The degrees of 15 true freedom in a university's plan are few, 16 even if it must be prepared to do battle for 17 certain important changes. In short, the State 18 University of New York is on a good course from 19 which it should not veer dramatically." 20 I read that, and the letter goes 21 on in much greater detail, but I think the 22 opening page of that letter captures the true 23 essence of what the Chancellor, the Trustees and 1 those who are presently at SUNY wish our 2 university system to be. Its goals are 3 laudatory, are worthy; and certainly with the 4 budget that we will have and that we are working 5 on, we certainly will begin a fresh page, a new 6 investment in the State University. 7 And, certainly, the citizens of 8 this state have been enriched because Bruce 9 Johnstone has been its Chancellor. He has 10 brought it through very, very difficult times. 11 The Chancellor and I have not always agreed, but 12 our disagreements have always been not over 13 substance but merely approach, and the 14 Chancellor's true love for the university has 15 always been first and foremost. 16 I first met Bruce Johnstone when 17 he was President at Buff' State. I should have 18 known then when he talked about Buff' State and 19 the SUNY system that, when he became Chancellor, 20 he would be a very staunch advocate for that 21 system. 22 It is no secret why the 23 Chancellor has left. He has health problems and 1 he has returned to Western New York. I 2 certainly wish him and hope that he will be 3 successful in dealing with his health problems, 4 and I am sure many of us through our prayers and 5 our thoughts combined with his treatments will 6 successfully bring him through this very 7 difficult time. 8 So, Mr. President, this 9 resolution -- I know we have sought sponsorship 10 of all the members -- is certainly open for 11 sponsorship of all the Senators who wish to join 12 on this resolution. 13 ACTING PRESIDENT FARLEY: Senator 14 Present, everyone on the resolution without 15 objection? 16 SENATOR PRESENT: Yes. 17 SENATOR GOLD: Yes. 18 ACTING PRESIDENT FARLEY: Every 19 member of the Senate will be on the resolution 20 unless they indicate otherwise. 21 All in favor of the resolution, 22 say aye. 23 (Response of "Aye.") 1 Those opposed, nay. 2 (There was no response.) 3 The resolution is adopted. 4 Senator Present. 5 SENATOR PRESENT: Call on Senator 6 Larkin, please. 7 ACTING PRESIDENT FARLEY: Senator 8 Larkin. 9 SENATOR LARKIN: Mr. President. 10 I offer up Resolution 2741 for additional 11 sponsors. 12 ACTING PRESIDENT FARLEY: That 13 was already adopted. It's Music in Our Schools 14 Month. It is open to anyone who wants to get on 15 the resolution. Please notify the desk. 16 Everyone, Senator Present? 17 SENATOR PRESENT: Mr. President. 18 When we offer up co-sponsorships of the 19 resolutions, why don't we include everybody 20 except those who don't want to be. Do it in 21 reverse. Make it a lot easier. 22 ACTING PRESIDENT FARLEY: The 23 resolution will be co-sponsored by everyone 1 unless you object. 2 SENATOR PRESENT: Mr. President. 3 Can we take up the noncontroversial calendar, 4 please. 5 ACTING PRESIDENT FARLEY: 6 Noncontroversial. The Secretary will read. 7 It's on page 5, I believe. 8 THE SECRETARY: On page 5, 9 Calendar Number 71, by Senator Spano, Senate 10 Bill Number 4943A, an act to amend the Public 11 Health Law, in relation to the appointment of 12 health care agents. 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 50. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 1 88, by Senator Levy, Senate Bill Number 191. 2 SENATOR GOLD: Lay it aside. 3 ACTING PRESIDENT FARLEY: Lay 4 that bill aside. 5 THE SECRETARY: Calendar Number 6 93, by Senator Bruno, Senate Bill Number 3945A, 7 an act to amend the Vehicle and Traffic Law, in 8 relation to authorizing the appointment of 9 individuals to control traffic upon driveways. 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 the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 50. 18 ACTING PRESIDENT FARLEY: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 111, substituted earlier today, by Member of the 22 Assembly Harenberg, Assembly Bill Number 9317, 23 an act to amend Chapter 208 of the Laws of 1992, 1 relating to establishing the Alzheimer's Disease 2 Task Force. 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: Ayes 50. 11 ACTING PRESIDENT FARLEY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 154, by Senator LaValle, Senate Bill Number 15 3970A, Education Law, in relation to membership 16 of the Board of Regents. 17 SENATOR GOLD: Lay it aside. 18 ACTING PRESIDENT FARLEY: Lay 19 that bill aside. 20 THE SECRETARY: Calendar Number 21 166, by Senator Levy, Senate Bill Number 4801A, 22 an act to amend the Vehicle and Traffic Law, in 23 relation to false statements. 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 50. 9 ACTING PRESIDENT FARLEY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 195, by Senator Johnson, Senate Bill Number 13 3367A. 14 SENATOR JOHNSON: Lay it aside 15 for the day. 16 ACTING PRESIDENT FARLEY: Lay 17 that bill aside for the day. 18 THE SECRETARY: Calendar Number 19 211, by Senator Velella, Senate Bill Number 20 5518B, an act to amend the Insurance Law, in 21 relation to separate accounts. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 1 THE SECRETARY: Section 3. 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 50. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 Senator Present, that's the first 10 time through. 11 SENATOR PRESENT: Controversial 12 calendar, please. 13 ACTING PRESIDENT FARLEY: 14 Controversial. The Secretary will read on page 15 5. 16 THE SECRETARY: On page 5, 17 Calendar Number 88, by Senator Levy. 18 SENATOR GOLD: Explanation. 19 SENATOR PRESENT: Lay it aside. 20 ACTING PRESIDENT FARLEY: Lay 21 that bill aside. 22 THE SECRETARY: Calendar number 23 154, by Senator LaValle, Senate Bill Number 1 3970A, Education Law, in relation to membership 2 on the Board of Regents. 3 SENATOR LAVALLE: Star that bill, 4 please. 5 ACTING PRESIDENT FARLEY: Star 6 the bill at the request of the sponsor. 7 Senator Present, that's it. 8 Senator Present. 9 SENATOR PRESENT: Any 10 housekeeping? 11 ACTING PRESIDENT FARLEY: Any 12 motions? Any housekeeping on the floor? 13 (There was no response.) 14 Seeing none, Senator Present. 15 SENATOR PRESENT: Mr. President. 16 On behalf of Senator Levy, I would like to 17 announce an immediate conference of the Majority 18 in Room 332. 19 ACTING PRESIDENT FARLEY: There 20 will be an immediate conference of the Majority 21 in Room 332. 22 SENATOR PRESENT: Mr. President. 23 Having said that, there being no further 1 business, I move we adjourn until tomorrow at 2 11:00 p.m. -- a.m. 3 ACTING PRESIDENT FARLEY: The 4 Senate will stand adjourned until tomorrow at 5 11:00 a.m. 6 (Whereupon, at 3:58 p.m., Senate 7 adjourned.) 8 9 10 11