Wednesday, May 25, 1994

3957 1 2 3 4 5 6 7 8 9 10 ALBANY, NEW YORK 11 May 25, 1994 12 2:41 p.m. 13 14 15 REGULAR SESSION 16 17 18 19 20 SENATOR JOHN R. KUHL, JR., Acting President 21 STEPHEN F. SLOAN, Secretary 22 23 3958 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Members take their 4 places -- seats, staff. Ask the members of the 5 gallery to rise with us and join with us in 6 saying the Pledge of Allegiance to the Flag. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 In the absence of clergy, I would 10 ask all of you to bow your heads in a moment of 11 silence. 12 (A moment of silence was 13 observed.) 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, May 24th. The Senate met pursuant to 17 adjournment, Senator Kuhl in the Chair upon 18 designation of the Temporary President. The 19 Journal of Monday, May 23rd, was read and 20 approved. On motion, the Senate adjourned. 21 ACTING PRESIDENT KUHL: Hearing 22 no objection, the Journal stands approved as 23 read. 3959 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator Rath. 10 SENATOR RATH: Mr. Chairman, on 11 page 28, I would like to offer an amendment to 12 Calendar Number 894, Senate Print 7054-A, ask 13 that it retain its place on the third reading. 14 ACTING PRESIDENT KUHL: Without 15 objection, so ordered. 16 Senator Present. 17 SENATOR PRESENT: Would you 18 recognize Senator Spano, if he's -- he's here. 19 ACTING PRESIDENT KUHL: Senator 20 Spano. 21 SENATOR SPANO: Mr. President, 22 there's a privileged resolution at the desk. I 23 ask that title be read. 3960 1 ACTING PRESIDENT KUHL: The clerk 2 will read the title of the privileged 3 resolution. 4 THE SECRETARY: Legislative 5 Resolution, by Senators Trunzo, Marino, Spano 6 and other members of the Senate, honoring the 7 New York State Professional Fire Fighters in 8 recognition of the Professional Fire Fighters' 9 Week, May 23rd through 27th, 1994. 10 ACTING PRESIDENT KUHL: The Chair 11 recognizes Senator Spano. 12 SENATOR SPANO: Thank you, Mr. 13 President. 14 On behalf of Senator Trunzo, it's 15 my pleasure to offer this resolution and to just 16 say a couple of words. 17 Number one, just as an apology to 18 the fire fighters who waited for several hours 19 today for the beginning of the session. They - 20 this was the culmination of their week in Albany 21 where we had hundreds of fire fighters who were 22 paid Professional Fire Fighters from across the 23 state of New York visited the state Capitol to 3961 1 talk to us about their job and their legislative 2 proposals, and we -- which has become a 3 tradition in this house. 4 I presented this resolution to 5 all the members for their response ship, just to 6 let them know that we recognize the fine job 7 that they do on a daily basis in putting their 8 lives on the line. 9 As a person who is family just 10 had a personal touch with the horrors of the 11 tragedy of a fire in our own home, we recognize 12 -- I recognize the job that they do on a daily 13 basis, and they should be credited for their 14 bravery and their -- in a way that they just 15 conduct themselves and do their jobs. 16 So, Mr. President and my 17 colleagues, I just want to make sure that we all 18 just pause for a moment to say thank you to 19 those fire fighters who are led by the 20 president, Jim McGowan and so many other 21 representatives of those fire fighters who were 22 here visiting us in our office this week, in 23 recognition of the fire fighters' week right 3962 1 here in the state Capitol, and I want to make 2 sure that we didn't just passes that resolution 3 without having an opportunity to get up and say 4 that we recognize the job they do, and it's a 5 good job, on our behalf on a daily basis. 6 Thank you, Mr. President. 7 ACTING PRESIDENT KUHL: Senator 8 Present, is it your intention to put all of the 9 members of the Legislature on this resolution 10 except for those who wish they not be on it and 11 have them indicate? 12 (Senator Present nods head.) 13 ACTING PRESIDENT KUHL: Okay. 14 Fine. The clerk will do that. The question is 15 on the resolution. All those in favor signify 16 by saying eye. 17 (Response of "Aye".) 18 Opposed, nay. 19 (There was no response.) 20 Hearing no opposition, the 21 resolution is adopted unanimously. 22 Senator Present. 23 SENATOR PRESENT: Would you 3963 1 recognize Senator Nozzolio, please? 2 ACTING PRESIDENT KUHL: Senator 3 Nozzolio. 4 SENATOR NOZZOLIO: Thank you, Mr. 5 President. 6 I have a privileged resolution at 7 the desk. I ask that its title be read. 8 ACTING PRESIDENT KUHL: Ask the 9 clerk to read the privileged resolution. 10 THE SECRETARY: Legislative 11 Resolution, by Senator Nozzolio, commemorating 12 the village of Waterloo, New York, as the 13 federally designated birth place of Memorial Day 14 as they celebrate the 100 30th anniversary of 15 the village. 16 ACTING PRESIDENT KUHL: Senator 17 Nozzolio, on the resolution. 18 SENATOR NOZZOLIO: On the 19 resolution, Mr. President. 20 Waterloo is the birth place of 21 Memorial Day. As we enter into the Memorial Day 22 weekend to memorialize those who have shed their 23 blood so that our democracies can continue, I 3964 1 ask adoption of the resolution. 2 ACTING PRESIDENT KUHL: The 3 question is on the resolution. All those in 4 favor signify by saying eye. 5 (Response of "Aye".) 6 Opposed, nay. 7 (There was no response.) 8 The resolution is adopted. 9 Senator Present. 10 SENATOR PRESENT: Would you 11 recognize Senator Ohrenstein, please? 12 ACTING PRESIDENT KUHL: The Chair 13 recognizes Senator Ohrenstein. 14 SENATOR OHRENSTEIN: Mr. 15 President, there's a resolution at the desk and 16 I'd appreciate it if you would read it. 17 ACTING PRESIDENT KUHL: In its 18 entirety, Senator, or - 19 SENATOR OHRENSTEIN: Yeah, I 20 think so. 21 ACTING PRESIDENT KUHL: The clerk 22 will read the resolution in its entirety. 23 THE SECRETARY: Legislative 3965 1 Resolution, by Senators Ohrenstein, Goodman and 2 Marino, honoring the memory of former First Lady 3 Jacqueline Kennedy Onassis; 4 WHEREAS, Jacqueline Kennedy 5 Onassis who was, in the eyes of so many 6 citizens, this nation's most beloved and best 7 known former First Lady of the United States, 8 died on Thursday, May 19th, 1994 at the age of 9 64; 10 The untimely death of Jacqueline 11 Kennedy Onassis in New York City has been so 12 roundly acknowledged and deeply mourned by 13 people from all around the world, many of whom 14 fondly remember that all too brief period more 15 than 30 years ago when she and her husband, 16 president John F. Kennedy, brought to life the 17 legend of "Camelot" in America's highest office; 18 Throughout her 64 years, 19 Jacqueline Kennedy Onassis knew both the highest 20 glory and the most devastating tragedy and was 21 ultimately destined, although a highly private 22 person, to play out her life on the most public 23 of stages; 3966 1 Jacqueline Kennedy Onassis who 2 worked as an inquiring photographer at the 3 Washington Times Herald following her graduation 4 from George Washington University in 1951, 5 married then Massachusetts Senator John F. 6 Kennedy in 1953, accompanying him to the White 7 House seven years later upon his election as the 8 35th President of the United States; 9 Over the course of the three 10 short years of the Kennedy administration, both 11 John F. Kennedy and Jacqueline Kennedy Onassis 12 changed forever the way the people of this 13 country and the world would view the office of 14 the President of the United States, bringing to 15 the White House an unique vibrancy, energy and 16 style while advancing the vision of a more 17 prosperous, just and compassionate America; 18 An entire nation mourned 19 alongside of Jacqueline Kennedy Onassis but took 20 strength from her courage, grace and dignity 21 when an assassin's bullet cruelly claimed the 22 life of president John F. Kennedy in Dallas, 23 Texas and left her a widow at the age of 34 in 3967 1 November of 1963; 2 In the years following the death 3 of president Kennedy, the life of Jacqueline 4 Kennedy Onassis remained an object of intense 5 interest to the people of a nation who had been 6 both profoundly affected by the bright promise 7 of the Kennedy administration and deeply stunned 8 by the overwhelming tragedy in Dallas;. 9 In those years -- in those later 10 years, the former First Lady who moved to New 11 York City in 1964 worked to raise her two young 12 children, care line and John, Jr., married 13 Aristotle Onassis in 1968 and struggled to 14 maintain some measure of privacy in a world that 15 would clearly continue to be fascinated by her 16 every move; 17 Jacqueline Kennedy Onassis, who 18 was widowed for a second time in 1975 upon the 19 death of Aristotle Onassis, began in the mid 20 1970s a brilliant career in publishing that 21 would continue foreclose to 20 years up until 22 her death and provide an appropriate show case 23 for her impressive intellect, wit and literary 3968 1 style; 2 Jacqueline Kennedy Onassis, who 3 was widely renowned for filling the salons of 4 the White House with the most distinguished of 5 artists, authors and musicians during her 6 residency there, held throughout her entire life 7 a deep and abiding love for the fine arts and 8 worked diligently to garner and expand support 9 for cultural pursuits; 10 Jacqueline Kennedy Onassis also 11 devoted many years and a great deal of energy to 12 historic landmarks preservation efforts, both in 13 New York City and elsewhere, leading the fight 14 to save New York City's magnificent Grand 15 Central Station Terminal from destruction and 16 successfully working to preserve Washington, 17 D.C.'s historic Lafayette Square; 18 In addition to her most famous 19 role as a former First Lady, Jacqueline Kennedy 20 Onassis will forever be remembered as a devoted 21 parent, an independent and hard-working 22 professional and a woman of timeless elegance 23 who was in so many different ways, a tremendous 3969 1 inspiration and role model for countless people 2 throughout this country and around the globe; 3 Jacqueline Kennedy Onassis, born 4 in 1929 in East Hampton, Long Island, to John 5 Vernou Bouvier, III and Janet Lee Bouvier, was 6 once a revered international figure and beloved 7 native of New York State; 8 Jacqueline Kennedy Onassis is 9 survived by her daughter, Caroline Kennedy 10 Schlossberg; her son, John F. Kennedy, Jr.; her 11 sister, Lee Radziwill Ross and three 12 grandchildren, Rose Kennedy, Tatiana Celia 13 Kennedy, and John Bouvier Kennedy Schlossberg; 14 now, therefore be it 15 RESOLVED, that this legislative 16 body pause in its deliberations to honor the 17 memory of Jacqueline Kennedy Onassis and extend 18 its deepest sympathies to her family, friends 19 and other loved once; and be it further 20 RESOLVED, that copies of this 21 resolution, suitably engrossed, be transmitted 22 to the daughter of Jacqueline Kennedy Onassis, 23 care line Kennedy Schlossberg and her son, John 3970 1 F. Kennedy, Jr. and her sister, Lee Radziwill 2 Ross. 3 SENATOR OHRENSTEIN: Mr. 4 President. 5 ACTING PRESIDENT KUHL: The Chair 6 recognizes Senator Ohrenstein on the resolution. 7 SENATOR OHRENSTEIN: Of course, I 8 think this resolution speaks for itself, as does 9 the life of this very great woman. I'm deeply 10 grateful to Senator Goodman and Senator Marino 11 for co-sponsoring this resolution to give us 12 just a moment to reflect on a -- on an 13 incredible moment in the history of this 14 country. The immediate outpouring of sentiments 15 following the sudden death of Jacqueline Kennedy 16 Onassis, I think, was one of those extraordinary 17 events in our country. 18 Clearly, it was a tribute to many 19 things, but first and for most, I think it was a 20 tribute -- it is a tribute to this very, very 21 great woman who graced the White House, was a 22 native of New York State and who brought so much 23 credit to this state and to our community in New 3971 1 York City. 2 Here is someone who came to the 3 attention of this country because of her 4 husband, first as a United States Senator and 5 then as the President of the United States, but 6 clearly, she carved out a role for herself 7 because she was herself throughout her whole 8 career a woman of great charm and of great 9 independence, of great intelligence and great 10 competence competent. 11 She lived a life which was one of 12 great glamour but also of great and profound 13 tragedy and, throughout it all, she maintained a 14 poise and a personal integrity which, I think, 15 captivated the nation and the world. 16 We are lucky that she was a 17 native of this great state and she was a 18 resident to the end of the great -- the greatest 19 city of this world -- of this state, New York 20 City. 21 So I think it is fitting that we 22 pause a few moments here to pay tribute to her 23 and to pay tribute for all that she stands for. 3972 1 ACTING PRESIDENT KUHL: The 2 question is on the resolution. All those in 3 favor signify by saying aye. 4 (Response of "Aye".) 5 Opposed, nay. 6 (There was no response.) 7 The resolution is unanimously 8 adopted. 9 SENATOR OHRENSTEIN: Open it up 10 for - 11 ACTING PRESIDENT KUHL: Senator 12 Present, Senator Ohrenstein is indicating he 13 would like to open it for response ship. Is it 14 your desire to have all of the members placed on 15 the resolution as response with the exception of 16 those that indicate to this desk otherwise? 17 SENATOR PRESENT: Correct. 18 ACTING PRESIDENT KUHL: Thank 19 you. All members will be placed on the 20 resolution. 21 Senator Tully. 22 SENATOR TULLY: Yes, Mr. 23 President. 3973 1 I have a resolution at the desk. 2 May I ask that its title be read? 3 ACTING PRESIDENT KUHL: The clerk 4 will read the privileged resolution title at the 5 desk for Senator Tully. 6 THE SECRETARY: Legislative 7 Resolution, by Senator Tully, commemorating the 8 annual student energy research competition. 9 ACTING PRESIDENT KUHL: The 10 question -- Senator Tully. 11 SENATOR TULLY: May we have a 12 vote on that resolution? 13 ACTING PRESIDENT KUHL: 14 Certainly. 15 SENATOR TULLY: Thank you. 16 ACTING PRESIDENT KUHL: The 17 question is on the resolution. All those in 18 favor signify by saying aye. 19 (Response of "Aye".) 20 Opposed, nay. 21 (There was no response.) 22 The resolution is adopted. 23 Senator Farley. 3974 1 SENATOR FARLEY: On behalf of 2 Senator Seward, please place a sponsor's star on 3 Calendar Number 947. 4 ACTING PRESIDENT KUHL: Calendar 5 star is placed on -- sponsor's star is placed on 6 Calendar Number 947. 7 Senator Present. 8 SENATOR PRESENT: Mr. President, 9 would you recognize Senator Galiber, please? 10 ACTING PRESIDENT KUHL: The Chair 11 recognizes Senator Galiber. 12 SENATOR GALIBER: Thank you, Mr. 13 President. 14 I have a privileged resolution 15 here. I would like the title read. Its a 16 Galiber-DiCarlo resolution. 17 ACTING PRESIDENT KUHL: The clerk 18 will read the title of the privileged 19 resolution, by Senator Galiber. 20 THE SECRETARY: Legislative 21 Resolution, by Senator Galiber and Senator 22 DiCarlo, acknowledging the contributions of 23 black Americans in the defense of this nation 3975 1 and its ideals upon the occasion of the may 2 30th, 1994 Memorial Day celebration. 3 ACTING PRESIDENT KUHL: The 4 question is on the resolution. 5 Senator Galiber. 6 SENATOR GALIBER: Just -- would 7 you open it up for all the members? 8 ACTING PRESIDENT KUHL: Senator 9 Present, a similar request is being made. 10 ) Senator Present nods head. ) 11 ACTING PRESIDENT KUHL: All 12 members will be placed on the resolution except 13 for those who indicate to the clerk otherwise. 14 The question is on the 15 resolution. All those in favor signify by 16 saying aye. 17 (Response of "Aye".) 18 Opposed, nay. 19 (There was no response.) 20 The resolution is adopted. 21 Senator Present. 22 SENATOR PRESENT: Mr. President, 23 can we take up the non-controversial calendar, 3976 1 please. 2 ACTING PRESIDENT KUHL: The clerk 3 will read the non-controversial calendar. 4 THE SECRETARY: On page 5, 5 Calendar Number 307, by Senator Saland, Senate 6 Bill Number 2244 - 7 SENATOR PRESENT: Lay it aside 8 for the day. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside for the day. 11 THE SECRETARY: Calendar Number 12 340, by member of the Assembly McEneny, Assembly 13 Bill Number 5631, an act to amend the Election 14 Law, in relation to permitting the use of name 15 stamps for voting machine write-in and paper 16 ballots. 17 ACTING PRESIDENT KUHL: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 3977 1 THE SECRETARY: Ayes 41, nays 1, 2 Senator Libous recorded in the negative. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 341, by member of the Assembly R. Sweeney, 7 Assembly Bill Number 63 one two A, an act to 8 amend the Election Law, in relation to the time 9 for filing independent nominating petitions. 10 ACTING PRESIDENT KUHL: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 42. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 388, by Senator Volker, Senate Bill Number 22 2502-D, an act to amend the Penal Law and the 23 General Business Law. 3978 1 ACTING PRESIDENT KUHL: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 43. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 399, by Senator Sears, Senate Bill Number 13 6756-A, an act to amend the Environmental 14 Conservation Law. 15 ACTING PRESIDENT KUHL: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 43. 23 ACTING PRESIDENT KUHL: The bill 3979 1 is passed. 2 THE SECRETARY: Calendar Number 3 416, by Senator Cook, Senate Bill Number 2970-A, 4 an act to amend the State Administrative 5 Procedure Act. 6 ACTING PRESIDENT KUHL: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 43. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 478, by Senator Saland, Senate Bill Number 18 5881-B, an act - 19 SENATOR PRESENT: Lay it aside 20 for the day, please. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside for the day. 23 THE SECRETARY: Calendar Number 3980 1 502, by Senator Volker, Senate Bill Number 3474. 2 SENATOR GOLD: Can we have one 3 day on this, please? 4 SENATOR PRESENT: Lay it aside 5 for the day. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside for the day. 8 THE SECRETARY: Calendar Number 9 540, by member of the Assembly gallon he have, 10 Assembly Bill Number 5131-B, an act to amend the 11 Election Law. 12 ACTING PRESIDENT KUHL: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 43. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 542, by member of the Assembly Vitaliano, 3981 1 Assembly Bill Number 5401-B, an act to amend the 2 Education Law, in relation to the deadline for 3 receipt of absentee -- military ballots. 4 ACTING PRESIDENT KUHL: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 43. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 667, by Senator Velella, Senate Bill Number 16 7454, an act to amend the Insurance Law, in 17 relation to insurance exchanges. 18 ACTING PRESIDENT KUHL: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 3982 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 43. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 682, by Senator Seward, Senate - 7 SENATOR GOLD: Lay it aside. 8 ACTING PRESIDENT KUHL: Lay it 9 aside the bill aside. 10 THE SECRETARY: Calendar Number 11 683, by Senator Seward, Senate Bill Number 12 5230-C, an act to amend the Public Service Law. 13 ACTING PRESIDENT KUHL: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 43. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 3983 1 684, by Senator Seward, Senate Bill Number 2 5231-A, an act to amend the Energy Law. 3 ACTING PRESIDENT KUHL: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 43. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 719, by Senator Johnson - 15 SENATOR GOLD: Can we have a day 16 on this? 17 SENATOR JOHNSON: Yes. 18 ACTING PRESIDENT KUHL: The bill 19 is laid aside for the day. 20 THE SECRETARY: Calendar Number 21 725, by Senator Sears, Senate Bill Number 22 1129-B, an act to amend the Executive Law, in 23 relation to making amendments to the New York 3984 1 State Uniform Fire Prevention Code. 2 ACTING PRESIDENT KUHL: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 43. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Call number 795, 13 by the Assembly Committee on Rules, Assembly 14 Bill Number 8832-B, an act to amend the 15 Agriculture and Markets Law, in relation to 16 manufacturers information. 17 ACTING PRESIDENT KUHL: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 3985 1 THE SECRETARY: Ayes 43. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 812, by Senator Larkin. 6 SENATOR PRESENT: Lay it aside 7 for the day. 8 ACTING PRESIDENT KUHL: Lay the 9 bill aside for the day. 10 THE SECRETARY: Calendar Number 11 858, by member of the Assembly Dinowitz, 12 Assembly Bill Number 10249-A, an act to amend 13 the Election Law. 14 ACTING PRESIDENT KUHL: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 43. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 3986 1 THE SECRETARY: Calendar Number 2 905, by Senator Daly, Senate Bill Number 7705, 3 an act to amend the Public Health Law. 4 ACTING PRESIDENT KUHL: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 43. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 913, by Senator Wright, Senate Bill Number 7420, 16 an act to amend the Executive Law, in relation 17 to the drug abuse resistance education program. 18 ACTING PRESIDENT KUHL: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 3987 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 43. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 917, by Senator Wright - 7 SENATOR WRIGHT: Lay it aside for 8 the day. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside for the day. 11 THE SECRETARY: Calendar Number 12 1020, by Senator Levy, Senate Bill Number 7932, 13 an act to amend the Public Authorities Law. 14 ACTING PRESIDENT KUHL: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 43. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 3988 1 THE SECRETARY: Calendar Number 2 1021, by Senator Levy, Senate Bill Number 7944, 3 an act to amend the Highway Law, in relation to 4 the inspection of highway bridges. 5 ACTING PRESIDENT KUHL: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 43. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1037, by member of the Assembly Destito, 17 Assembly Bill Number 9619, an act to amend the 18 Mental Hygiene Law, providing for the membership 19 of the Board of Visitors of the Rome 20 Developmental Disability Services office. 21 ACTING PRESIDENT KUHL: Read the 22 last section. 23 THE SECRETARY: Section 2. This 3989 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 44. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1052, by Senator Saland, Senate Bill - 10 SENATOR PRESENT: Lay it aside 11 for the day, please. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside for the day. 14 Senator Present, that completes 15 the non-controversial calendar. What's your 16 pleasure, sir? 17 SENATOR PRESENT: Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Present. 20 SENATOR PRESENT: Can we lay 21 aside 682 for the day? 22 ACTING PRESIDENT KUHL: Calendar 23 Number 682 will be laid aside for the day. 3990 1 SENATOR PRESENT: And, Mr. 2 President, may I ask that the Senate stand at 3 ease for a few moments? 4 ACTING PRESIDENT KUHL: The 5 Senate will stand at ease temporarily. 6 (Whereupon, the Senate stood at 7 ease.) 8 ACTING PRESIDENT KUHL: The 9 Senate will come to order. 10 The Chair recognizes Senator 11 Stafford for an announcement. 12 SENATOR STAFFORD: Thank you, Mr. 13 President. 14 I would announce an immediate 15 meeting of the Committee on Finance in Room 332. 16 ACTING PRESIDENT KUHL: There 17 will be an immediate meeting of the Senate 18 Committee on Finance in Room 332. 19 The Senate will stand at ease. 20 (Whereupon, the Senate stood at 21 ease.) 22 ACTING PRESIDENT KUHL: The 23 Senate will come to order. 3991 1 The Chair recognizes Senator 2 Present. 3 SENATOR PRESENT: Mr. President, 4 would you recognize Senator Marchi, please? 5 ACTING PRESIDENT KUHL: The Chair 6 recognizes Senator Marchi. 7 SENATOR MARCHI: Immediate 8 meeting of the Committee on Investigations and 9 Taxation in Room 332. 10 ACTING PRESIDENT KUHL: There 11 will be an immediate meeting of the committee on 12 Taxation -- excuse -- Taxation and Governmental 13 Operations in Room 332. 14 SENATOR PRESENT: Mr. President, 15 can we continue to stand at ease? 16 ACTING PRESIDENT KUHL: The 17 Senate will continue to stand at ease. 18 (Whereupon, the Senate stood at 19 ease.) 20 ACTING PRESIDENT KUHL: The 21 Senate will come to order. Members take their 22 seats. 23 The Chair recognizes Senator 3992 1 Present. 2 SENATOR PRESENT: Can we return 3 to reports of standing committees? 4 ACTING PRESIDENT KUHL: The clerk 5 will read the report of a standing committee. 6 THE SECRETARY: Senator Stafford, 7 from the Committee on Finance, reports the 8 following bill directly for third reading: 9 Senate Bill Number 8513, by the Senate Committee 10 on Rules, an act to authorize payments for the 11 general support of public schools and making an 12 appropriation there for. 13 ACTING PRESIDENT KUHL: The bill 14 is reported directly to third reading. 15 Senator Present. 16 SENATOR PRESENT: Can we have a 17 reading of that bill at this time? 18 ACTING PRESIDENT KUHL: That, we 19 can. The clerk will read. 20 THE SECRETARY: Calendar Number 21 1088, by the Senate Committee on Rules, Senate 22 Bill Number 8513, authorize payments for the 23 general support for public schools and making an 3993 1 appropriation therefor. 2 ACTING PRESIDENT KUHL: Senator 3 Present. 4 SENATOR PRESENT: Mr. President, 5 is there a message of appropriation, a message 6 of necessity at the desk for this bill? 7 ACTING PRESIDENT KUHL: Senator 8 Present, the clerk informs me that there is no 9 message of necessity nor no message of 10 appropriation at the desk. 11 SENATOR COOK: Mr. President. 12 SENATOR PRESENT: Mr. President, 13 before you recognize Senator Cook, I would like 14 to advise the chamber that a request for a 15 message was made early this afternoon, and it 16 was -- just recently we were advised by the 17 Governor's office that no message would be 18 forthcoming for an appropriation bill today. 19 ACTING PRESIDENT KUHL: Senator 20 Cook. 21 SENATOR COOK: Mr. President, 22 its a travesty that the Governor has seen 23 fit - 3994 1 SENATOR GOLD: Mr. President. 2 ACTING PRESIDENT KUHL: Why do 3 you rise, Senator Gold? 4 SENATOR GOLD: Just a point of 5 order, point of inquiry of the Chair. I would 6 like to know just procedurally where we were. 7 We have called this but we don't have a 8 message. Are we acting on this bill now? Are 9 we going forward with the bill? What are we 10 doing? 11 ACTING PRESIDENT KUHL: I think 12 that's what we're about to find out from the 13 response of the bill. The speaker is speaking 14 to it. 15 SENATOR PRESENT: We're debating 16 the bill at this time. 17 SENATOR GOLD: We'll debate the 18 bill and then we'll see whether we can vote, is 19 that - 20 ACTING PRESIDENT KUHL: Senator 21 Cook. 22 SENATOR COOK: Mr. President, 23 it's a travesty that the Governor has seen fit 3995 1 not to send a message on this bill. Certainly, 2 it is no secret to him that there's almost $2 3 billion of money that's due to flow to the 4 school districts, every school district in the 5 state of New York, that the school districts 6 have anticipated this money, that, in fact, if 7 the money does not flow to them, they will be 8 put in a situation where they have to borrow 9 money, that they will be left not knowing when 10 -- when the need -- the money might flow to 11 them, and we have a difficult budget 12 negotiation, and the good thing this year is 13 that there has been a procedure up to this point 14 wherein we have not placed upon the schools the 15 additional cost of borrowing, because there was 16 in place a procedure by which those funds could, 17 indeed, flow to them. 18 However, we have now reached a 19 point where that process no longer works, where 20 it is absolutely necessary for us to pass the 21 bill that has been reported by the Finance 22 Committee because if we don't, the school 23 districts are going to be out of funds and going 3996 1 to have to borrow money. 2 I don't understand, frankly, why 3 the Governor, who knows full well that the delay 4 in this budget lies at his door step, refuses to 5 give us the message that we need in order to 6 serve the needs of the school districts and the 7 students of the state of New York. 8 I am very upset about this. I - 9 I can't imagine how we can responsibly talk 10 about how we're taking care of the peoples 11 business when the Governor refuses to keep 12 current the things that are already owed to the 13 schools in this state. 14 ACTING PRESIDENT KUHL: Senator 15 Present. 16 SENATOR PRESENT: I don't imagine 17 that a message has arrived since we last spoke. 18 ACTING PRESIDENT KUHL: It has 19 not, Senator Present. 20 SENATOR PRESENT: I have been 21 advised that we will not receive today any more 22 messages, and reluctantly, I ask that this bill 23 be laid aside. 3997 1 ACTING PRESIDENT KUHL: The bill 2 will be laid aside. 3 SENATOR GOLD: Reluctantly. 4 SENATOR PRESENT: Reluctantly. 5 ACTING PRESIDENT KUHL: Senator 6 Present, we have some housekeeping. Can we 7 return to motions and resolutions? 8 SENATOR PRESENT: I think we have 9 a privileged resolution at the desk. Can we 10 take that now? 11 ACTING PRESIDENT KUHL: Fine. 12 THE SECRETARY: Legislative 13 resolution, by Senator Stafford, memorializing 14 the life and career of Nathan Proller, former 15 New York State Senator and chairman of the 16 Warren County Board of Supervisors. 17 ACTING PRESIDENT KUHL: On the 18 resolution. All those in favor signify by 19 saying - 20 SENATOR STAFFORD: Mr. President 21 -- Mr. President, this is a very brief reso 22 lution. I would ask that it be read, please. 23 ACTING PRESIDENT KUHL: The clerk 3998 1 will read the resolution in its entirety. 2 THE SECRETARY: Legislative 3 Resolution, memorializing the life and career of 4 Nathan Proller, former New York State Senator 5 and chairman of the Warren County Board of 6 Supervisors; 7 WHEREAS, it is the sense of this 8 legislative body that the quality and character 9 of life in this great empire state is indelibly 10 enriched by the faithful and caring efforts of 11 those who devote their life to public service; 12 Nathan Proller, former New York 13 State Senator and chairman of the Warren County 14 board of supervisors, passed away at the age of 15 '92 at his home in Glens Falls, New York;. 16 Born August 20th, 1901 in 17 Gloversville, New York, Nathan Proller was a 18 self-employed insurance and real estate agent 19 for 40 years with offices in Glens Falls, New 20 York and served as a member of the New York 21 State Senate representing the 47th District from 22 1965-1966; 23 A former supervisor for the town 3999 1 of Lake Luzerne, Nathan Proller also served with 2 the New York State Lottery Commission, the 3 Executive Committees of the Association of Towns 4 and the Adirondack Park Association and was 5 co-chairman of the Adirondack Northway 6 Commission; 7 A graduate of Corinth High School 8 and a former World War II veteran, Nathan 9 Proller attended the war ton school of finance 10 and chambers, was a member of the Temple Beth El 11 of Glens Falls and has held membership in a 12 number of civic and fraternal organizations 13 which included Lodge 81 of the benevolent 14 Protective Order of Elks, the American Legion 15 and the Glens Falls Country Club; 16 Pre-deceased by his beloved wife, 17 Mildred, in 1990, Nathan Proller is survived by 18 one sister, Fay Wilfeld of Baltimore, Maryland 19 and a number of nieces and nephews; 20 This legislative body now mourns 21 the death of Nathan Proller, may it yet find 22 solace in the significance of his contributions 23 and accomplishments over a distinguished career 4000 1 in government and public service; now, thereof 2 therefore be it 3 RESOLVED, that this legislative 4 body pause in its deliberations to honor, with 5 deep respect and admiration, the life and career 6 of an esteemed public serve aunt and colleague, 7 former state nor Nathan Proller, expressing its 8 condolences to his family upon the occasion of 9 his passing; and be it further 10 RESOLVED, that a copy of this 11 resolution, suitably engrossed, be transmitted 12 to the family of Nathan Proller. 13 ACTING PRESIDENT KUHL: Senator 14 Stafford, on the resolution. 15 SENATOR STAFFORD: Mr. President, 16 many of us knew Nate Proller from Glens Falls 17 very well. He was a great -- great friend. I 18 look around here, I don't know how many actually 19 served with him. I know Freddy did, also 20 Senator -- Manny did -- Senator Gold did. 21 You know, I would point out that 22 he was back to the days when probably 10 out of 23 35 people in a room would all have nice big, 4001 1 long cigars, and he always had one for 2 everybody, and those times have changed, 3 probably for the good, but I would say those 4 times were good then. 5 But on a serious note about Nate 6 Proller, he was in government, very successful 7 in local government. He was an excellent 8 Senator. He was one who had a great deal to do 9 with the Northway being constructed which has 10 opened up upstate New York. He was very 11 successful in his insurance business in the 12 Glens Falls area. He was a friend to all. It 13 was just great to see him enjoy life to 92 14 years. He stayed very interested. 15 Just last year he cashed 9 out of 16 ten tickets at the track last year when I was 17 with him. The reason I know that's true is 18 because I took him up to buy the tickets, and he 19 did -- always did very well there. 20 I know we're all thinking of his 21 family, his nieces and nephews and his sister, 22 and this body was much better because of Nate 23 and our state was also. 4002 1 Thank you. 2 ACTING PRESIDENT KUHL: Senator 3 Marchi. 4 SENATOR MARCHI: Mr. President, I 5 served -- I had two years of service with Nate 6 Proller, and as Senator Stafford has pointed 7 out, he did, indeed, have the -- enjoyed a warm 8 friendship with all of his colleagues and 9 certainly had our respect and admiration. 10 I am I -- I'm saddened by the 11 fact that he -- that he passed away, but it was 12 a full life, and certainly the family and those 13 he -- those who were his next of kin can draw 14 consolation from the good taste that universally 15 I'm a native from and wherever he served. 16 We will miss him. 17 ACTING PRESIDENT KUHL: The 18 question is on the resolution. All those in 19 favor signify by saying aye. 20 (Response of "Aye".) 21 Opposed, nay. 22 (There was no response.) 23 The resolution is adopted. 4003 1 Senator Saland. 2 SENATOR SALAND: Mr. President - 3 SENATOR PRESENT: Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Present. 6 SENATOR PRESENT: Senator 7 Stafford would like that resolution to be opened 8 up for response ship to all members. 9 ACTING PRESIDENT KUHL: Would you 10 like us to put all members on the resolution 11 except those indicating at the desk otherwise? 12 SENATOR PRESENT: Yes. 13 ACTING PRESIDENT KUHL: Thank 14 you. I'll direct the clerk to do that. 15 SENATOR PRESENT: Senator Saland. 16 ACTING PRESIDENT KUHL: Senator 17 Saland. 18 SENATOR SALAND: Thank you, Mr. 19 President. 20 I would at this time like to 21 remove the star -- a sponsor's star from 22 Calendar Number 302, Senate Bill 6338-A. 23 ACTING PRESIDENT KUHL: At the 4004 1 request of the sponsor, the star is removed on 2 Calendar Number 302. 3 Senator Tully. 4 SENATOR TULLY: Yes, Mr. 5 President. 6 On behalf of Senator Levy, on 7 page 10, I offer the following amendments to 8 Calendar Number 485, Senate Print Number 193-B 9 and, and ask that said bill retain its place on 10 the Third Reading Calendar. 11 ACTING PRESIDENT KUHL: So 12 ordered. 13 The clerk will read substitutions 14 at the desk. 15 THE SECRETARY: On page 23 of 16 today's calendar, Senator Nozzolio moves to 17 discharge the Committee on Rules from Assembly 18 Bill Number 7984-A and substitute it for the 19 identical Calendar Number 814. 20 On page 25, Senator Libous moves 21 to discharge the Committee on Rules from 22 Assembly Bill Number 11 397 and substitute it 23 for the identical Calendar Number 850. 4005 1 On page 32, Senator DeFrancisco 2 moves to discharge the Committee on Rules from 3 Assembly Bill Number 11673 and substitute it for 4 the identical Third Reading 963. 5 ACTING PRESIDENT KUHL: All 6 substitutions are ordered. 7 Senator Present. 8 SENATOR PRESENT: Mr. President, 9 there being no further business, I move that we 10 adjourn until Tuesday, May 31st at 12:00 p.m., 11 intervening days to be legislative days. 12 I advise the members again that 13 they are subject to the call of the Majority 14 Leader for a session upon 24 hours notice. 15 ACTING PRESIDENT KUHL: The 16 Senate stands adjourned until Tuesday at 12:00 17 noon. 18 (Whereupon at 5:45 p.m., the 19 Senate adjourned. ) 20 21 22 23