Wednesday, April 27, 1994

2940 1 2 3 4 5 6 7 8 9 10 ALBANY, NEW YORK 11 April 27, 1994 12 11:15 a.m. 13 14 15 REGULAR SESSION 16 17 18 19 SENATOR HUGH T. FARLEY, Acting President 20 STEPHEN F. SLOAN, Secretary 21 22 23 2941 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Senate 3 will come to order. 4 Please rise for the Pledge of 5 Allegiance to the Flag. 6 (Whereupon, the Senate joined in 7 the Pledge of Allegiance to the Flag.) 8 Today, in the absence of clergy, 9 we'll bow our heads for a moment of silent 10 prayer. 11 (Whereupon, there was a moment of 12 silence.) 13 The Secretary will begin by 14 reading the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, April 26. The Senate met pursuant to 17 adjournment. Senator Kuhl in the chair upon 18 designation of the Temporary President. Prayer 19 by the Reverend Robert Hess of the Delmar Reform 20 Church of Delmar, New York. The Journal of 21 Monday, April 25, was read and approved. On 22 motion, Senate adjourned. 23 ACTING PRESIDENT FARLEY: Hearing 2942 1 no objection, the Journal stands approved as 2 read. 3 The order of business: 4 Presentation of petitions. 5 Messages from the Assembly. 6 Messages from the Governor. 7 Reports of standing committees. 8 Reports of select committees. 9 Communications and reports from 10 state officers. 11 Motions and resolutions. 12 Senator Johnson, do you have a 13 motion? 14 SENATOR JOHNSON: Mr. President. 15 On behalf of Senator Trunzo, on page 22, I offer 16 the following amendments to Calendar Number 586, 17 Senate Print Number 7057, and ask the said bill 18 retain its place on the Third Reading Calendar. 19 ACTING PRESIDENT FARLEY: Without 20 objection, the bill will retain its place. 21 We have some substitutions, 22 Senator Present. 23 Read the substitutions. 2943 1 THE SECRETARY: Senator Levy 2 moves to discharge the Committee on 3 Transportation from Assembly Bill Number 682A 4 and substitute it for the identical Calendar 5 Number 675. 6 ACTING PRESIDENT FARLEY: 7 Substitution is ordered. 8 THE SECRETARY: Senator Seward 9 moves to discharge the Committee on Energy from 10 Assembly Bill Number 7626 and substitute it for 11 the identical Calendar Number 680. 12 ACTING PRESIDENT FARLEY: 13 Substitution is ordered. 14 THE SECRETARY: Senator Velella 15 moves to discharge the Committee on Codes from 16 Assembly Bill Number 4136 and substitute it for 17 the identical Calendar Number 688. 18 ACTING PRESIDENT FARLEY: 19 Substitution is ordered. 20 THE SECRETARY: Senator Volker 21 moves to discharge the Committee on Codes from 22 Assembly Bill Number 6869 and substitute it for 23 the identical Calendar Number 694. 2944 1 ACTING PRESIDENT FARLEY: 2 Substitution is ordered. 3 THE SECRETARY: Senator Goodman 4 moves to discharge the Committee on 5 Investigations, Taxation, and Government 6 Operations from Assembly Bill Number 6114C and 7 substitute it for the identical Calendar Number 8 709. 9 ACTING PRESIDENT FARLEY: 10 Substitution is ordered. 11 Senator Present. 12 SENATOR PRESENT: Will you 13 recognize Senator Tully, please. 14 ACTING PRESIDENT FARLEY: Senator 15 Tully, you are recognized. 16 SENATOR TULLY: Thank you, Mr. 17 President. I believe there is a privileged 18 resolution at the desk. I ask that it be read 19 in its entirety. 20 ACTING PRESIDENT FARLEY: Will 21 the Secretary please read Senator Tully's 22 privileged resolution in its entirety. 23 THE SECRETARY: Legislative 2945 1 Resolution Number 3308, by Senator Tully, 2 honoring the eight Regional Nurses of 3 Distinction and commemorating the week of May 6 4 through May 12, 1994, as "Nurses of Distinction" 5 Week in the State of New York. 6 Whereas, the period between May 6 7 through May 12, 1994, is Nurses Week in New York 8 State. 9 The Nurses of New York have by 10 their commitment to the improvement of the 11 health and dignity of their fellow New Yorkers 12 contributed significantly to the well being of 13 the citizens of our state. 14 The New York State Legislature 15 developed the Nurse of Distinction Award Program 16 to pay tribute to New York State's registered 17 professional nurses for their steadfast 18 commitment and support of the health and 19 betterment of fellow New Yorkers. 20 The outstanding achievements of 21 thousands of our State's registered professional 22 nurses have been acknowledged through the 1994 23 Nurse of Distinction Award Program and 394 2946 1 distinctive nurses were nominated for the 2 Award. 3 Eight Regional Nurses of 4 Distinction were selected by nursing peers from 5 throughout the state for their professional 6 excellence and unequivocal dedication in support 7 of the health and betterment of their fellow New 8 Yorkers. 9 On Wednesday, April 27, 1994, 10 eight regional nurses of distinction will visit 11 in the chambers of the New York State Senate; 12 now, therefore, be it 13 Resolved, That this Legislative 14 Body pause to express its deep respect and 15 appreciation to all of New York State's 16 distinguished nurses and to recognize the unique 17 contributions made by the eight Regional Nurses 18 of Distinction: Patricia A. Ames, Westchester 19 County Medical Center, Valhalla; Constance 20 Colter, Long Island Jewish Medical Center, New 21 Hyde Park; Margery A. Manly, New York City 22 Department of Health, Manhattan; Darlene 23 Paduano, University Medical Center, Stony Brook; 2947 1 Anne H. Skelly, University at Buffalo School of 2 Nursing; Sherry Strammiello, Genesee Hospital 3 Rochester; Gilberta M. Trani, Home Health 4 Providers, Incorporated, Syracuse; and Patricia 5 Waniewski of St. Peter's Hospital, Albany; and 6 be it further 7 Resolved, That this Legislative 8 Body seek to encourage statewide recognition of 9 those valued nursing professionals serving our 10 communities; and be it further 11 Resolved, That this Legislative 12 Body pause in its deliberations to acknowledge 13 the week of May 6 through May 12, 1994, as 14 Nurses Week in New York State; and be it 15 further 16 Resolved, That copies of this 17 resolution, suitably engrossed, be transmitted 18 to the eight 1994 New York State Legislature's 19 Regional Nurses of Distinction with our pride 20 and gratitude. 21 ACTING PRESIDENT FARLEY: Senator 22 Tully on the resolution. 23 SENATOR TULLY: Thank you, Mr. 2948 1 President. My colleagues. 2 This is the time of the year when 3 two significant health-related happenings take 4 place in our state. The first is the 5 commemoration of Nurses Week, and the second is 6 the gathering of our professional nurses at the 7 annual New York State Legislature's Nurse of 8 Distinction Conference. 9 The conference culminates the 10 Nurse of Distinction Award Program year, and 11 this is the sixth year of our program. 12 I'm pleased to serve as 13 Legislative Coordinator for the Nurse of 14 Distinction Program and pleased also that 394 15 health entities chose to join with the 16 Legislature to honor the members of their staffs 17 by nominating nurses for this recognition. 18 Our nominees represent a wide 19 range of nursing specialties, clinical 20 specialties and services, working in a variety 21 of settings including hospitals, schools, state 22 and community agencies, long-term and home care 23 facilities, health maintenance organizations and 2949 1 industry. 2 These distinguished nurse 3 nominees remind us, once again, how fortunate we 4 are in this state to have such a dynamic force 5 of health care providers meeting the challenge 6 of health care in the '90s. 7 It is because of the challenges 8 we have yet to face that I initiated this year a 9 new component of the Nurse of Distinction Award 10 program, the availability of eight $2,000 11 continuing education grants. Only those nurses 12 nominated in the 1994 program may apply for the 13 grants which will be awarded in September of 14 this year. 15 On the Senate calendar today is 16 the resolution just read, acknowledging the 17 upcoming Nurses Week in New York State as well 18 as the 394 nurses from throughout our state who 19 are being honored at the Nurse of Distinction 20 Conference. 21 Eight nurses have been chosen as 22 Regional Nurses of Distinction, and I'd like to 23 take the time now to introduce them to you in 2950 1 recognition of their own considerable 2 accomplishments and as representatives of our 3 outstanding New York State professional nurses. 4 I would ask you to stand so you 5 can be recognized as I call your name: 6 From Long Island, Darlene 7 Paduano, Nurse Manager of the Diabetes Center at 8 the University Medical Center in Stony Brook. 9 (Applause.) 10 From Greater New York Region 2, 11 which includes Kings and Queens Counties, 12 Constance Colter, a Pediatric Nurse Practitioner 13 for the Division of Immunology at the Long 14 Island Medical Center in New Hyde Park. 15 (Applause.) 16 And, Connie, later on, Senator 17 Padavan is going to talk to you at the luncheon, 18 and he is going to claim that Long Island Jewish 19 Medical Center is in his district in New York 20 City. I read the address, New Hyde Park. 21 That's in Nassau County, Senator Padavan. 22 From the Northern Metropolitan 23 Region, Patricia Ames, a Clinical Nurse 2951 1 Specialist in the AIDS Management Program at the 2 Westchester County Medical Center in Valhalla. 3 (Applause.) 4 From the Northeastern Region, 5 Patricia Waniewski, Manager of the Wellness 6 Center at St. Peter's Hospital in Albany. 7 (Applause.) 8 From the Central New York Region, 9 Gilberta Trani, Primary Nurse with the Home 10 Health Providers in Syracuse. 11 (Applause.) 12 This lady retired and came back 13 again. That Gilberta is something very, very 14 special. 15 From the Finger Lakes Region, 16 Sherry Strammiello, Senior Infection Control 17 Practitioner at the Genesee Hospital in 18 Rochester. 19 (Applause.) 20 From that great Western New York 21 Region, Anne Skelly, Clinical Assistant 22 Professor from the University of Buffalo School 23 of Nursing. 2952 1 (Applause.) 2 Finally, from the Greater New 3 York Region 1 which includes Richmond -- Staten 4 Island, Senator Marchi -- New York, and Bronx 5 Counties, the Director of School Children's 6 Health Program at the New York City Department 7 of Health and the 1994 New York State Nurse of 8 Distinction, Margery Manly. 9 (Applause.) 10 Let's hear it for Margery. 11 (Applause.) 12 On behalf of the Legislature, 13 congratulations to each of you and our deepest 14 thanks for the excellent work you are doing to 15 enhance the quality of life of our State's 16 residents. 17 Thank you. 18 ACTING PRESIDENT FARLEY: On the 19 resolution. All in favor, please say aye. 20 (Response of "Aye.") 21 Those opposed, nay. 22 (There was no response.) 23 The resolution is unanimously 2953 1 adopted. 2 On behalf of the New York State 3 Senate, let me say how proud we are of your 4 profession and of you particularly. We're 5 grateful to have you here. 6 Senator Tully that was an 7 outstanding resolution, and everybody in the 8 Senate is so proud of our nurses in New York 9 State, and what you do for our health care and 10 best wishes to you. Come back and visit us 11 again. 12 Thank you very much. 13 Senator Present. 14 Senator Gold. 15 SENATOR GOLD: Thank you, Mr. 16 President. On behalf of Senator Kruger, I 17 believe there is a privileged resolution at the 18 desk. Can we handle that? 19 ACTING PRESIDENT FARLEY: Read 20 the title of Senator Kruger's resolution. 21 THE SECRETARY: Legislative 22 Resolution, by Senator Kruger, commending John 23 T. Torrente, Past President, upon the occasion 2954 1 of his designation for special honor by the 2 Kiwanis Club of Sheepshead Bay, Thursday, April 3 28, 1994. 4 ACTING PRESIDENT FARLEY: On the 5 resolution. All in favor, please say aye. 6 (Response of "Aye.") 7 Those opposed, nay. 8 (There was no response.) 9 The resolution is adopted. 10 Senator Present. 11 SENATOR PRESENT: Mr. President. 12 I believe Senator Marino has a privileged 13 resolution. I ask that it be read in its 14 entirety. 15 ACTING PRESIDENT FARLEY: This is 16 the resolution for President Nixon. The 17 Secretary will read Senator Marino's resolution 18 in its entirety. 19 SENATOR COOK: Mr. President. 20 ACTING PRESIDENT FARLEY: Senator 21 Cook. 22 SENATOR COOK: Will you please 23 call for order. 2955 1 ACTING PRESIDENT FARLEY: I'm 2 sorry? 3 SENATOR COOK: Will you please 4 call for special attention. 5 ACTING PRESIDENT FARLEY: Yes. I 6 am going to ask -- this is a very serious 7 resolution for our President that just passed 8 away, and I would ask that there be a little 9 order in the chamber. 10 Thank you, Senator Cook. Your 11 point is well taken. 12 Secretary will read the 13 resolution. 14 THE SECRETARY: Legislative 15 Resolution, by Senators Marino, Marchi, Maltese, 16 and other members of the Senate, expressing 17 sincerest sorrow upon the occasion of the death 18 of the Honorable Richard Milhous Nixon, the 37th 19 President of the United States. 20 Whereas, in the course of the 21 evolving development of this Beloved Nation, if 22 the ingredients of shared concern and responsive 23 endeavor combined in the symmetry of commitment 2956 1 to principle, there have emerged among the 2 distinguished administrations of the United 3 States certain leaders who warrant special 4 commemoration. 5 It is the sense of this 6 Legislative Body to express sincerest sorrow 7 upon the occasion of the death of an American 8 President of such magnanimous conduct and 9 bearing, Richard M. Nixon, commemorating, in 10 turn, his enduring achievements. 11 Richard M. Nixon entered public 12 life, after serving as a naval officer in World 13 War II, as a representative of the United States 14 Congress from California from 1947 to 1950. 15 He continued his public service 16 by representing the State of California as a 17 United States Senator from 1950 to 1953. 18 Richard M. Nixon joined President 19 Dwight D. Eisenhower as his Vice-President and 20 served with distinction from 1953 to 1961. 21 It has become increasingly 22 apparent that President Nixon's administration 23 marks a watershed in the history of our nation, 2957 1 that his leadership and his resilience have 2 given renewed definition to those very 3 principles of freedom upon which this Nation was 4 first founded. 5 In 1968, Richard M. Nixon was 6 elected 37th President of the United States; 7 four years later, he won a second term in one of 8 the largest landslides on record. 9 In the vital area of foreign 10 policy, President Nixon's achievements have been 11 unparalleled: He literally opened the door to 12 United States relations with Communist China; 13 through his personal initiative, he ended 14 decades of silence and paved the way for future 15 negotiations with what was then the second 16 largest Communist power in the world. 17 While committed to a policy of 18 strong national defense, President Nixon, 19 nevertheless, in 1972, entered into the first 20 significant arms limitation with what was then 21 the Soviet Union. 22 In 1970, the Nixon administration 23 helped desegregate more schools in the South 2958 1 than any of its predecessors. 2 On the domestic front, President 3 Nixon made significant contributions calling for 4 welfare and health care reforms and advocating a 5 clean environment. 6 President Richard M. Nixon at 7 great personal cost and effort won his way 8 painfully back from the Watergate affair to a 9 position of respected elder statesman, political 10 analyst and author. 11 The very viability of democratic 12 procedure, the most paradigmatic attribute of 13 its sovereignty, remains an unswerving 14 commitment to freedom, to those balanced 15 principles of individual endeavor and shared 16 concern which constitute the essence of 17 democratic governments. 18 This is the legacy of President 19 Richard M. Nixon that this beloved nation should 20 evolve in a manner constant with the dreams and 21 aspirations of our forefathers, of those who, at 22 the price of great suffering, first enunciated 23 the ultimate end and purpose of our American 2959 1 experience. 2 For future generations of 3 Americans, there is no substitute, no 4 alternative to the full implementation of that 5 prerogative, namely, President Nixon's 6 insistence that the discretionary power and 7 inherent in governance be weighed in favor of 8 the individual, in favor of the people of this 9 Beloved Nation. 10 This Legislative Body is greatly 11 moved to acknowledge the unique and enduring 12 contributions of this President, of this 13 American leader who so valiantly gave renewed 14 hope to the American people and, indeed, to the 15 nations of our world; now, therefore, be it 16 Resolved, That this Legislative 17 Body pause in its deliberations to commemorate 18 the life and career of the 37th President of the 19 United States, the Honorable Richard Milhous 20 Nixon, fully confident that his personal courage 21 and his love for the American people vindicate 22 and yet sustain an indomitable spirit; and be it 23 further 2960 1 Resolved, That a copy this 2 resolution, suitably engrossed, be transmitted 3 to the family of Richard M. Nixon, 37th 4 President of the United States. 5 ACTING PRESIDENT FARLEY: On the 6 resolution. All in favor, please say aye. 7 (Response of "Aye.") 8 Those opposed, nay. 9 (There was no response.) 10 The resolution is unanimously 11 adopted. 12 Senator Present. 13 SENATOR PRESENT: Mr. President. 14 May I suggest that all members of the Senate be 15 part of that resolution except for those who 16 decline; and if they do, notify the desk. 17 ACTING PRESIDENT FARLEY: Yes. 18 All members of the Senate will be sponsors of 19 the Nixon resolution. If you choose not to be, 20 please notify the desk. 21 Senator Present. 22 SENATOR PRESENT: Mr. President. 23 I would like to informed members that when we 2961 1 adjourn today's session, we will do so in memory 2 of Richard M. Nixon, 37th President of the 3 United States. 4 Mr. President. There being no 5 further business, I move that we adjourn until 6 Monday, May 2, 1:00 p.m., intervening days being 7 legislative days. Members should be advised 8 that they are subject to the call of the 9 Majority Leader for session upon 24 hours 10 notice. 11 ACTING PRESIDENT FARLEY: Also, 12 Senator Present, there will be a 21-gun salute 13 on the steps of the Capitol at 11:45 for the 14 late President Nixon. 15 The Senate will stand adjourned 16 until Monday at the regular hour -- 1:00 17 o'clock, I'm sorry. That's 1:00 o'clock on 18 Monday, intervening legislative days. All 19 members are subject to the call of the Majority 20 Leaders. 21 (Whereupon, at 11:35 a.m., Senate 22 adjourned.) 23