Wednesday, May 3, 1995

5408 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 3, 1995 10 10:07 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR. Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 5409 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Members please find 4 their chairs. Will you all rise with me and say 5 the Pledge of Allegiance to the Flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag. ) 8 ACTING PRESIDENT KUHL: We'll 9 defer the prayer until the visiting clergy 10 arrives. 11 Ask the Secretary to read the 12 Journal. 13 THE SECRETARY: In Senate, 14 Tuesday, May 2nd. The Senate met pursuant to 15 adjournment, Senator Kuhl in the Chair upon 16 designation of the Temporary President. The 17 Journal of Monday, May 1st, was read and ap 18 proved. On motion, Senate adjourned. 19 ACTING PRESIDENT KUHL: Hearing 20 no objection, the Journal will stand approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 5410 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. Senator 7 Marchi. 8 SENATOR MARCHI: Mr. President, 9 on page number 15, I offer the following 10 amendments on Calendar Number 164, Senate Print 11 Number 2198, and ask that said bill retain its 12 place on the Third Reading Calendar. 13 ACTING PRESIDENT KUHL: 14 Amendments to Calendar Number 164 are received 15 and adopted; bill will retain its place on the 16 Third Reading Calendar. 17 Senator Bruno, we have a couple 18 of substitutions at the desk if you'd like to 19 take those at this time. We have some 20 substitutions at the desk, Senator Bruno, if 21 you'd like to take those. 22 SENATOR BRUNO: Would you make 23 the substitutions, Mr. President. 5411 1 ACTING PRESIDENT KUHL: Secretary 2 will read the substitutions. 3 THE SECRETARY: On page 4, 4 Senator Tully moves to discharge from the 5 Committee on Tourism Assembly Bill Number 1808 6 and substitute it for the identical Calendar 7 Number 631. 8 On page number 6, Senator Maltese 9 moves to discharge from the Committee on Finance 10 Assembly Bill Number 1248 and substitute it for 11 the identical Calendar Number 649. 12 On page 8, Senator Libous moves 13 to discharge from the Committee on Education 14 Assembly Bill Number 5276 and substitute it for 15 the identical Senate bill, Calendar 662. 16 ACTING PRESIDENT KUHL: 17 Substitutions are ordered. 18 Chair recognizes Senator Bruno. 19 SENATOR BRUNO: Mr. President, I 20 understand that there is a resolution at the 21 desk sponsored by Senator Connor. I would ask 22 that it -- the title be read, and we move its 23 adoption. 5412 1 ACTING PRESIDENT KUHL: Secretary 2 will read the title to the privileged resolution 3 by Senator Connor. 4 THE SECRETARY: By Senator 5 Connor, Legislative Resolution memorializing 6 Governor George E. Pataki to proclaim the week 7 of May 1st, 1995 as Israeli Independence Week 8 and May 4, 1995 as Israeli Independence Day in 9 the state of New York. 10 ACTING PRESIDENT KUHL: Question 11 -- Senator Connor on the resolution. 12 SENATOR CONNOR: Mr. President, 13 if we could, I would gladly open this resolution 14 to any co-sponsorship to any members who would 15 like to - 16 ACTING PRESIDENT KUHL: Senator 17 Connor, would it be O.K. if we put all of the 18 members on the resolution except those who do 19 not want to be, and we'll ask them to identify 20 themselves at the desk; is that O.K.? 21 SENATOR CONNOR: That's fine. 22 ACTING PRESIDENT KUHL: O.K. 23 We'll ask the Secretary to do that. 5413 1 Question is on the resolution. 2 All those in favor signify by saying aye. 3 (Response of "Aye.") 4 Opposed nay. 5 (There was no response.) 6 The resolution is adopted. 7 Chair recognizes Senator Bruno. 8 SENATOR BRUNO: Mr. President, I 9 believe there is another resolution sponsored by 10 Senator Trunzo. I would ask that the title be 11 read and move its adoption. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the title of the Legislative Resolu 14 tion by Senator Trunzo. 15 THE SECRETARY: By Senator 16 Trunzo, Legislative Resolution commemorating New 17 York State Water Week May 7 through 13, 1995. 18 ACTING PRESIDENT KUHL: Senator 19 Trunzo, on the resolution. 20 SENATOR TRUNZO: Mr. President, I 21 would like to open up the resolution to all 22 members if we could. 23 ACTING PRESIDENT KUHL: Follow 5414 1 the same procedure. We'll put all members on 2 the resolution except those who don't want to be 3 put on. Question is -- Senator Cook? 4 Question is on the resolution. 5 All those in favor signify by saying aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response. ) 9 The resolution is adopted. 10 Chair recognizes Senator Bruno. 11 SENATOR BRUNO: Mr. President, I 12 believe there is another resolution at the desk, 13 this one sponsored by Senator Hoblock. I would 14 ask that it be read in its entirety and then 15 move its adoption. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the privileged resolution by Senator 18 Hoblock in its entirety. 19 THE SECRETARY: By Senator 20 Hoblock, Legislative Resolution memorializing 21 the Honorable George E. Pataki, Governor, to 22 proclaim May 7, 1995 as Victory in Europe Day in 23 the state of New York. 5415 1 WHEREAS, it is the sense of this 2 legislative body that those who give positive 3 definition to the profile and disposition of our 4 American manner, do so profoundly strengthen our 5 shared commitment to the exercise of freedom; 6 and 7 WHEREAS, attendant to such 8 concern and fully in accord with its long 9 standing traditions, it is the intent of this 10 legislative body to commemorate the 50th 11 Anniversary of Victory in Europe, May 7, 1995; 12 and 13 WHEREAS, in December 1944, the 14 Germans staged a last ditch counterattack in the 15 Ardennes; by January 1945, however, the allies 16 were continuing their drive into Germany; the 17 Russians had conquered East Germany to the Oder; 18 on March 7, on March 7 the western allies broke 19 through the Siegfried Line, crossed the Rhine 20 and overran West Germany; in April 1945, after 21 Hitler's suicide, German resistance collapsed 22 and on May 7, 1945, Germany surrendered 23 unconditionally; and 5416 1 WHEREAS, it is the sense of this 2 legislative body to acknowledge and to yet 3 commemorate the sacrifice of so many of those of 4 the American armed forces who gave their lives 5 in freedom's cause; 6 NOW, THEREFORE, BE IT RESOLVED 7 that this legislative body pause in its 8 deliberations and memorialize the Honorable 9 George E. Pataki, Governor, to proclaim May 7, 10 1995 as Victory in Europe Day, fully confident 11 that such procedure mirrors our shared 12 commitment to preserve, to enhance and to yet 13 effect that patrimony of freedom which is our 14 American heritage; and 15 BE IT FURTHER RESOLVED that a 16 copy of this resolution, suitably engrossed, be 17 transmitted to the Honorable George E. Pataki, 18 Governor of the state of New York; and 19 BE IT FURTHER RESOLVED that 20 copies of this resolution, suitably engrossed, 21 be transmitted to the veterans associations of 22 the state of New York. 23 ACTING PRESIDENT KUHL: The Chair 5417 1 recognizes Senator Hoblock on the resolution. 2 SENATOR HOBLOCK: Mr. President, 3 on the resolution. I was only two years old 4 when the war ended in Europe, yet World War II 5 had a profound impact on my life as I'm sure it 6 did so many others. As I was growing up, I was 7 surrounded by the stories of the men and women 8 who fought and died for our country, not just in 9 Europe, in North Africa, but also in islands all 10 across the Pacific. 11 I remember my parents talking 12 about the depression and how the great victory 13 in Europe ended that depression and brought us 14 into a new era of prosperity. I remember 15 learning about America, the arsenal of 16 democracy, how it entered the war after the 17 devastating attack on Pearl Harbor, how we 18 quickly sent men and women and the machines of 19 war across the ocean to fight the tyrants of the 20 Axis. 21 I've always appreciated, as I'm 22 sure so many others, the sacrifices these brave 23 men and women made. When I was of age, we were 5418 1 in a new and different war, but I remembered the 2 role played by the United States and so many men 3 and women during that time and, like so many 4 others, I joined the armed forces. I was 5 fortunate and privileged to have put on the 6 uniform of this country and served in the armed 7 forces, but more fortunate than so many others 8 in having returned from combat in one piece. 9 Ours was a different war but, 10 after serving in the armed forces, I think I 11 grew to have more respect not only for our 12 country but for the people who served it. 13 Today, we commemorate the end of 14 the war in Europe, May 7, 1945. It was the 15 beginning of the end of the great war, allowing 16 the country to turn its efforts to the Pacific, 17 but there was still a great deal of fighting to 18 do. It wouldn't be until August, and it would 19 require the United States to usher in the atomic 20 age, but we saved the lives of millions of 21 Americans and allied soldiers who would have 22 otherwise had to invade Japan. 23 Fifty years after the end of the 5419 1 war in Europe, the world is a much different 2 place. We have seen since, the rise and fall of 3 Communism and the end to the Cold War. We have 4 seen the United States emerge as the preeminent 5 force for freedom in the entire world. Thanks 6 to the sacrifice of so many, we are still the 7 moral leaders of the civilized world. 8 Today, as a veteran and as 9 chairman of the Senate Veterans Committee, I 10 would respect all -- respectfully ask all of my 11 colleagues to join me in continuing to honor our 12 country and our warriors on the anniversary of 13 the great victory for freedom. 14 Let all the tyrants know that we 15 continue to stand for freedom and justice 16 because of the victories and the sacrifices made 17 by so many 50 years ago. 18 Thank you. 19 SENATOR WALDON: Mr. President. 20 ACTING PRESIDENT KUHL: Senator 21 Waldon, on the resolution. 22 SENATOR WALDON: Thank you very 23 much, Mr. President, my colleagues. 5420 1 I want to echo the learned 2 Senator and friend from this area, Michael 3 Hoblock and say just this: that there were many 4 people who contributed to our victory in the 5 great war and in all of the wars of this nation, 6 but especially I would like to cite the 7 contributions made by the Nisei-Americans, the 8 African-Americans, Puerto Rican-Americans and 9 the native Americans, because had it not been 10 for the ability of the native Americans to speak 11 in a language that was not decipherable by our 12 enemies, many more lives would have been lost. 13 So in memorializing this day and 14 respecting and honoring those who have given the 15 last and full measure on behalf of this nation, 16 let us not forget those who are sometimes not 17 regarded in the same breath as others. 18 Thank you very much, Mr. 19 President. 20 ACTING PRESIDENT KUHL: The Chair 21 would remind the members that this resolution 22 was adopted yesterday. The Chair recognizes 23 Senator Cook. Senator Cook waives. 5421 1 Senator Bruno, that brings us to 2 the calendar. 3 SENATOR BRUNO: Mr. President, 4 can we at this time recognize Senator Cook. 5 SENATOR COOK: Thanks. 6 ACTING PRESIDENT KUHL: Was 7 wondering when the Senator was going to 8 respond. 9 SENATOR COOK: I was having a 10 very important discussion. 11 ACTING PRESIDENT KUHL: Welcome 12 to the chamber, Senator Cook. 13 SENATOR COOK: Would you please 14 place sponsor's stars on -- this will be 494, 15 '-5, '-6 and '-7. 16 ACTING PRESIDENT KUHL: Sponsor's 17 stars will be placed on calendar 494, 495, 496, 18 497. 19 Now that brings us to the 20 calendar. 21 SENATOR BRUNO: And now, Mr. 22 President, can we take up the non-controversial 23 calendar. 5422 1 ACTING PRESIDENT KUHL: Secretary 2 will read the non-controversial calendar. 3 THE SECRETARY: On page number 4 17, Calendar Number 213, by member of the 5 Assembly Robach, Assembly Print 1983B, an act to 6 amend the General Municipal Law, in relation to 7 the sale of raffle tickets. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 45. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 -- excuse me. On Calendar Number 213, Senator 20 Tully in the negative. Ayes 45, nays 1. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 5423 1 401, by Senator Lack, Senate Print 1295, an act 2 in relation to appointment of certain 3 non-judicial officers and employees of the 4 unified court system. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 3. 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 46. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 443, by member of the Assembly Aubry, Assembly 17 Print 5506A, an act to amend the Labor Law, in 18 relation to requiring employers to grant leaves 19 of absence to employees participating in a bone 20 marrow donation program. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 5424 1 act shall take effect on the 120th day. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 45, nays 6 one, Senator Kuhl in the negative. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 444, by Senator Spano, Senate Print 2103, an act 11 to amend the Workers' Compensation Law, in 12 relation to attorneys' costs. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 454, by Senator Farley, Senate Print 1290, an 17 act to amend the Public Authorities Law, in 18 relation to annual commuter car pool permits. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 60th day. 23 ACTING PRESIDENT KUHL: Call the 5425 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 46. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 458, by Senator Levy, Senate Print 3548, an act 8 to amend the Public Authorities Law, in relation 9 to requiring the Metropolitan Transportation 10 Authority to issue anti-crime initiative 11 reports. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 30th day. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 47. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 459, by Senator DeFrancisco, Senate Print 4053, 5426 1 an act to amend the Public Authorities Law, in 2 relation to the transfer of employees between 3 the Thruway Authority and the Canal 4 Corporation. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 3. 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 47. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 460, by Senator Levy, Senate Print 4078, an act 17 to amend the Vehicle and Traffic Law, in 18 relation to decisions of the administrative 19 appeals board. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 9. This 23 act shall take effect on the 1st day of 5427 1 January. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 48. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 463, by Senator Hannon, Senate Print 1265, an 10 act to amend the Environmental Conservation Law, 11 in relation to providing hunting and fishing 12 licenses. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the 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 48. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 5428 1 464, by Senator DiCarlo, Senate print 2171, an 2 act to amend the Education Law, in relation to 3 Regents awards for children of disabled 4 veterans. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 60th day. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 48. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 465, by member of the Assembly Tocci, Assembly 17 Print 2542, an act to amend the Military Law, in 18 relation to application for civil service 19 examinations by military personnel. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 60th day. 5429 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 48. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 468, by Senator Stafford, Senate Print 608, an 9 act to amend the Environmental Conservation Law, 10 in relation to increasing the criminal penalties 11 for illegal taking of big game. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 1st day of 16 November. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 48. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 5430 1 469, by member of the Assembly DiNapoli, 2 Assembly Print 4123, an act to amend the 3 Environmental Conservation Law, in relation to 4 establishing restrictions on the taking of 5 blackfish or tautog. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the 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 ACTING PRESIDENT KUHL: Announce 14 the results when tabulated. 15 THE SECRETARY: Ayes 47, nays 16 one, Senator LaValle recorded in the negative. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 470, by Senator Seward, Senate Print 3019, an 21 act to amend the Environmental Conservation Law, 22 in relation to limiting the number of lures and 23 baits which are allowed on each line when 5431 1 angling. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect July 1. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 47, nays 10 one, Senator Kuhl recorded in the negative. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 471, by Senator Sears, Senate Print 3545, an act 15 to amend the Environmental Conservation Law, in 16 relation to the hooking, snatching or snagging 17 of Pacific salmon. 18 SENATOR SEARS: Lay aside for the 19 day, please. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside for the day. 22 THE SECRETARY: Calendar Number 23 472, by Senator Nozzolio, Senate Print 2822, an 5432 1 act in relation to participation in the Seymour 2 Public Library District by that portion of the 3 town of Sennett. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the 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 48. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 476, by Senator Holland, Senate Print 1469, an 16 act to amend the Social Services Law, in 17 relation to direct payment of shelter 18 allowances. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 5433 1 roll. 2 (The Secretary called the roll. ) 3 ACTING PRESIDENT KUHL: Announce 4 the results when tabulated. 5 THE SECRETARY: Ayes 48, nays 2, 6 Senators Markowitz and Mendez recorded in the 7 negative. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 483, by Senator Volker, Senate Print 3401A, an 12 act to reopen the special retirement plan 13 available to police officers employed by the 14 town of Avon. 15 ACTING PRESIDENT KUHL: There's a 16 home rule message at the desk. Secretary will 17 read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 50. 5434 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 489, by member of the Assembly McEneny, Assembly 5 Print 5034, an act to amend Chapter 200 of the 6 Laws of 1909, relating to incorporating the 7 trustees of the endowment fund of St. Paul's 8 Protestant Episcopal Church. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 50. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 Senator Bruno, that completes the 20 non-controversial calendar. 21 SENATOR BRUNO: Do you want to be 22 recognized? 23 ACTING PRESIDENT KUHL: Excuse 5435 1 me, Senator Bruno. Senator Waldon, why do you 2 rise? 3 SENATOR WALDON: Thanks, Senator 4 Bruno. 5 Mr. President, I was called out 6 of the chamber on other legislative business. Is 7 it too late to respectfully request unanimous 8 consent to be recorded in the negative on 476? 9 ACTING PRESIDENT KUHL: Without 10 objection, Senator Waldon will be recorded in 11 the negative on Calendar Number 476. 12 SENATOR WALDON: Thank you, Mr. 13 President. 14 SENATOR BRUNO: O.K. Mr. 15 President. 16 ACTING PRESIDENT KUHL: Senator 17 Abate. 18 SENATOR ABATE: Yes, I would like 19 to be registered in the negative on Calendar 20 476. 21 ACTING PRESIDENT KUHL: Without 22 objection. No objection, Senator Abate will be 23 recorded in the negative on Calendar Number 5436 1 476. 2 The Chair recognizes Senator 3 Bruno. 4 SENATOR BRUNO: Mr. President, on 5 behalf of Senator LaValle who chairs the Higher 6 Education Committee would like to ask for a 7 meeting of the Higher Education Committee at 8 10:30 in Room 125. Thank you, Mr. President. 9 ACTING PRESIDENT KUHL: There 10 will be an immediate meeting of the Higher 11 Education Committee in one minute at 10:30 in 12 Room 123 of the Capitol. 13 SENATOR BRUNO: 125. 14 ACTING PRESIDENT KUHL: Senator 15 Bruno. 16 SENATOR BRUNO: 125 is what you 17 said, I heard you. 18 ACTING PRESIDENT KUHL: 125. 19 SENATOR BRUNO: Thank you, and 20 Mr. President, can we now recognize Senator 21 Connor, who has something of interest, I 22 believe, to my colleagues. Thank you. 23 ACTING PRESIDENT KUHL: The Chair 5437 1 recognizes Senator Connor. 2 SENATOR CONNOR: Thank you, Mr. 3 President. 4 Mr. President, I was just handed 5 these 23 pages entitled "Memorandum Decision and 6 Order" from the United States District Court in 7 the Northern District of New York, in the case 8 of Suzanne Haley, Ruth Verbal and other staff 9 members of the Senate Minority and the Assembly 10 Majority against George Pataki as Governor and 11 against the state of New York. 12 That's 23 pages, but I would like 13 to just read a pertinent part with respect to 14 the plaintiffs' claims the judge laid bare, and 15 some of the grounds he felt he couldn't reach 16 now but he did find irreparable harm. Since the 17 state, the Attorney General had inserted an 18 Eleventh Amendment defense, that triggers the 19 ability of the court to say there will be 20 irreparable harm in not paying employees, and 21 with respect to the contract clause of the 22 United States Constitution, the Court found: 23 "The Court has little difficulty in finding 5438 1 that the plaintiffs have established a showing 2 of likelihood of success under their claim under 3 the contract cause of the Constitution." The 4 Court inter alia further found: "Additionally 5 the court is unlikely to find that such a 6 substantial empowerment of contracts is 7 'reasonable and necessary to serve an important 8 public purpose'. While the quick passage of the 9 state budget can be viewed as an important 10 public purpose, assuming for the sake of this 11 argument that it is the purpose, it is certainly 12 far from clear that non-payment of the 13 legislative staff is a reasonable and necessary 14 step in achieving this goal. 15 "Furthermore, under New York 16 law, state employees are banned from lobbying 17 activities, and so legally cannot attempt to 18 coerce their employers into passing the budget." 19 Getting to the conclusion: The 20 Court, concerned with certain federalist 21 principles, finds that, of course, they can't - 22 they can't order the Governor to appropriate 23 funds, but what the Court does is order that 5439 1 insofar as the Governor undertakes to send 2 future appropriation bills and messages of 3 necessity to the Legislature for the payment of 4 state workers, he may not exclude payment to 5 legislative employees from such bills, and a 6 portion of these same funds must be allocated 7 for the payment of legislative employees. This 8 is not to say that the Governor must allocate 9 additional funds to pay these employees, but any 10 funds he does seek for the payment of state 11 workers must be divided to include legislative 12 employees as well. 13 So, in effect, the court has 14 found that the Governor's actions violated the 15 Constitution and has directed the Governor in 16 sending future appropriation bills, and I 17 suspect there are some due on Monday, he must 18 include the legislative staff. 19 I see broad smiles here. I thank 20 you for your support on this side of the aisle 21 and I thank my colleagues on the other side of 22 the aisle (applause) -- my colleagues on the 23 other side of the aisle for your whispered 5440 1 encouragement in the lounge and hallways. 2 Thank you. 3 ACTING PRESIDENT KUHL: Chair 4 recognizes Senator Bruno. 5 SENATOR BRUNO: Mr. President, 6 can we at this time take up Senate Resolution 7 819, by Senator Larkin, and before proceeding, 8 Mr. President, can we ask I believe we have the 9 Chaplain with us from West Point, and since we 10 didn't open this session with a prayer maybe we 11 can ask him to, at this time, lead us in a 12 prayer. 13 ACTING PRESIDENT KUHL: Thank 14 you, Senator Bruno. 15 We are very privileged to have 16 with us the Reverend Richard P. Camp, Jr., who 17 is the Chaplain at the United States Military 18 Academy at West Point in West Point, New York, 19 and I would ask Reverend Camp at this time, or 20 Chaplain Camp, at this time to deliver an 21 invocation. 22 REVEREND RICHARD P. CAMP: Please 23 join me in prayer. 5441 1 On this colorful spring morning, 2 our Father, we pause from the busyness of this 3 session and these agendas to consider the words 4 of the psalmist who said, I lift up my eyes to 5 the mountains. Does our help come from the 6 mountains? No, our strength comes from the Lord 7 who made heaven and earth and mountains. 8 We ask you afresh this morning, 9 Almighty God, to guide the men and women of this 10 Senate. You know how often they have to walk 11 the tight rope between truth and good will, 12 between one view and another, between one person 13 and another. So let them ever keep their eyes 14 on Your truth that they may walk without 15 stumbling and accomplish with diligence the 16 business before them this day. 17 We pray today for the colleges 18 and the universities throughout this state of 19 New York and especially we pray today for the 20 United States Military Academy at West Point. 21 May her product continue to be a source of pride 22 for our state and a source of strength for our 23 nation. 5442 1 In Your strong name we pray. 2 Amen. 3 ACTING PRESIDENT KUHL: Amen. 4 The Chair recognizes Senator 5 Bruno. 6 SENATOR BRUNO: Mr. President, I 7 believe there's a resolution at the desk that 8 has been sponsored by Senator Larkin. Could we 9 ask that that resolution presently be read in 10 its entirety. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the privileged resolution by Senator 13 Larkin which is at the desk, in its entirety. 14 THE SECRETARY: Legislative 15 Resolution, by Senator Larkin, Senator Bruno and 16 others: Legislative Resolution, celebrating the 17 establishment of the United States Military 18 Academy at West Point and memorializing Governor 19 George E. Pataki to declare May 3, 1995 as West 20 Point Day in the state of New York. 21 WHEREAS, this legislative body is 22 justly proud to celebrate the establishment of 23 the United States Military Academy at West Point 5443 1 and to call upon Governor George E. Pataki to 2 declare May 3, 1995 as West Point Day in New 3 York State; and 4 WHEREAS, by an act of Congress on 5 March 16, 1802, the United States Military 6 Academy was established within the borders of 7 New York State on the banks of the Hudson River; 8 The Academy and its graduates are 9 an integral part of the proud history of this 10 state and nation; 11 The leadership and sacrifices of 12 the members of the Long Grey Line have helped 13 this country withstand countless threats to our 14 cherished democratic way of life; 15 The alumni have excelled not only 16 on the battlefield but in many fields of 17 endeavor; 18 The Academy continues to provide 19 our country with able and dedicated future 20 leaders; 21 Its scenic campus is a mecca each 22 year for thousands of visitors from across the 23 state, continent and other countries; 5444 1 The United States Military 2 Academy is in the forefront of our state's 3 outstanding institutions of higher learning; and 4 WHEREAS, 45 years ago the late 5 James T. McNamara, then a member of the New York 6 State Assembly and member of the Academy's class 7 of 1939, was the author of the state Legislat 8 ure's first "West Point Day" Resolution; 9 For decades our nation has 10 enjoyed the legacy of freedom and the United 11 States Military Academy at West Point has played 12 a vitally significant role in the maintenance of 13 peace and freedom, and 14 WHEREAS, the members of this 15 legislative body are equally proud to 16 commemorate this event, marking May 3rd, 1995 as 17 West Point Day in New York State; 18 NOW, THEREFORE, BE IT RESOLVED 19 that this legislative body pause in its 20 deliberations to celebrate the establishment of 21 the United States Military Academy at West Point 22 and to memorialize Governor George E. Pataki to 23 declare May 3rd, 1995 as West Point Day in New 5445 1 York State; and 2 BE IT FURTHER RESOLVED that a 3 copy of this resolution, suitably engrossed, be 4 transmitted to Governor George E. Pataki. 5 ACTING PRESIDENT KUHL: The Chair 6 recognizes Senator Larkin on the resolution. 7 SENATOR LARKIN: Mr. President, 8 it is my honor to be the prime sponsor of this 9 resolution recognizing the United States 10 Military Academy at West Point. This is the 11 41st year that this chamber has honored the 12 United States Military Academy. The traditions 13 of this Academy are such that we hold them near 14 and dear to us. 15 Since its founding in 1802, West 16 Point has graduated many of the finest military 17 and civilian leaders of our time. The father of 18 the military academy was Colonel Sylvanus 19 Thayer. The instructors today at the Military 20 Academy are continuing the tradition established 21 by Colonel Thayer. 22 It is my pleasure to inform you 23 today, my colleagues, that the latest officer to 5446 1 lead the United States Military Academy and its 2 4,000 cadets is with us today, Lt. General 3 Howard D. Graves. (Applause) General Graves 4 continues to provide the leadership skills he 5 himself acquired at the United States Military 6 Academy. General Graves is the class of 1961. 7 General Graves is a distinguished career 8 military officer. He has served as a combat 9 commander in both foreign and in the United 10 States of America. He has been a combat 11 engineer battalion commander, the 20th Engineer 12 Airborne Brigade. He has also served as the 13 assistant division commander of the Big Red I 14 and as division engineer for the 1st Cavalry, 15 Air Mobile. His positions of responsibility 16 have been great. 17 Prior to assuming his position as 18 the Superintendent of the United States Military 19 Academy, he was the deputy to then Chairman of 20 the Joint Chiefs of Staff Colin Powell. 21 The cadets at West Point are 22 fortunate to have the benefit of General Graves' 23 leadership experience, one which is an asset 5447 1 that they should value more than any other 2 direction and guidance that they will ever 3 receive. The cadets seated here before you are 4 being asked to lead a smaller, faster, leaner, 5 ever changing, more technologically advanced 6 army than their predecessors. They will execute 7 missions that may appear to bear little 8 resemblance to those fought by previous 9 graduates of the Academy. 10 While the scene of tomorrow's 11 battlefield may change dramatically, the men and 12 women who will soon possess the responsibility 13 to lead the soldiers must essentially be the 14 same as those of their predecessors of the 15 famous Long Grey Line. 16 Mr. President, I believe no 17 individual is born with honor, courage or a 18 sense of duty. Those qualities must be 19 encouraged by people who already possess such 20 strengths and have displayed them under the most 21 severe situation. Furthermore, the qualities of 22 honor, courage and duty cannot truly be embraced 23 by those who do not understand the sacrifices 5448 1 that oftentimes accompanies them. 2 I suggest to you, Mr. President, 3 my colleagues, that the Military Academy at West 4 Point has encouraged those qualities for over 5 120 -- 190 years to men and women who are able 6 to embrace them. It is a tradition that we 7 should be proud of, a tradition that we as 8 members of this house should support in any way 9 we can. 10 It is my pleasure, therefore, to 11 sponsor this resolution saluting the Academy, 12 its faculty and its staff, and the future 13 leadership of the United States Army. 14 Joining us today in this 15 contingent from the Academy, it is my honor to 16 introduce to you once again the Superintendent 17 of the United States Military Academy, Howard D. 18 Graves; the Reverend Richard P. Camp, who just 19 gave our invocation. The staff coming with the 20 Superintendent, Lieutenant Colonel Donald 21 McGrath, Director of Public Affairs; Major 22 Leonard McWherter, Aide-de-Camp to General 23 Graves and Captain James Piggott, Tactical 5449 1 Officer. 2 Also joining us, and I'd like to 3 have them stand as their names are called, the 4 First Captain who runs the cadets, who is a 5 native of Bellingham, Minnesota. Also joining 6 us from across the state of New York Cadet James 7 Cadet, Rockland County; Cadet Thomas Carey from 8 Essex County; Cadet Jeramie Fitzgerald, of Erie 9 County; Cadet Andrea French, Oneida County; 10 Cadet George Guszcza, Otsego County; Cadet 11 Katharyn Kilbride, from Nassau County; Cadet 12 Joshua Lubarsky, from Westchester County; Cadet 13 Eric McAllister, from Schoharie, Cadet Mark 14 Miles from Orleans; Cadet Scott Rath, from 15 Oswego; Cadet Laura Sabatini, from Dutchess 16 County, and Cadet Sakima Green from Dutchess 17 County. 18 My colleagues, this is the future 19 of not only the United States Army, but this is 20 the future. This is the men and women that we 21 in the state of New York send to the United 22 States Military Academy. They are, as some 23 people say and the leader has said it before, 5450 1 the bricks and mortar of the state, this nation 2 and the leadership of the free world. 3 Ladies and gentlemen, the United 4 States Military Academy. (Applause). 5 ACTING PRESIDENT KUHL: The Chair 6 recognizes Senator Bruno. 7 SENATOR BRUNO: Mr. President, I 8 would like to thank Senator Larkin for his 9 resolution bringing the cadets here that he so 10 ably represents. Want to add my welcome to 11 General Howard Graves, to the faculty, to the 12 staff and especially to the cadets. 13 Senator Larkin, through the 14 resolution, reviewed General Graves and some of 15 his accomplishments. I'd like to add that his 16 record is truly impressive. Among the other 17 accomplishments, having commanded all over the 18 world, having served at the Pentagon, also as a 19 Rhodes Scholar in England, and is really an 20 example for the cadets that are here in what 21 spending your time in a meaningful way really 22 means, and he and they follow in the footsteps 23 of some of the greatest military leaders this 5451 1 country has seen -- Generals like Pershing, 2 Patton, MacArthur, Eisenhower, Schwartzkopf, and 3 these cadets that are here with us trained 4 themselves militarily to follow in their foot 5 steps anywhere in the world, to protect people, 6 their honor, their integrity, keep them safe, 7 and we owe you a debt of gratitude. 8 You've committed your lives 9 presently to the work of others, so we're proud 10 to share this time with you, proud to have you 11 here in our chamber, and we know that you 12 prepare yourselves to be anywhere in this United 13 States or in the free world, to help others who 14 can't, at that time, help themselves. 15 Thank you for your commitment. 16 Thank you for your service, and again welcome, 17 General, and to the cadets for being with us 18 today. 19 Thank you, Mr. President. 20 ACTING PRESIDENT KUHL: Chair 21 recognizes Senator Hoblock. 22 SENATOR HOBLOCK: Mr. President, 23 I rise as well to welcome General Graves and the 5452 1 cadets from West Point and to thank, once again, 2 Senator Larkin for bringing together this brief, 3 yet very important day for us in recognizing 4 West Point and all that it stands for. 5 We are extremely proud of what 6 West Point has done for New York State, the 7 image it has presented and obviously the 8 products it has developed. Those who have 9 graduated from West Point have gone on to very 10 distinguished careers and are continuing to 11 serve their community and their country. 12 We, in Albany County, like 13 counties across this state, are very proud of 14 graduates from West Point that have come back 15 and contributed to the community, and in Albany 16 County particularly we have a representative 17 from the class of 1928, many, many years ago, 18 General David Traub, who is with us today as 19 well as elected officials. We have our County 20 Executive, Michael Breslin, who is a graduate of 21 West Point and a veteran of the Vietnam war. It 22 gives me a great deal of pleasure to welcome the 23 General, the cadets, the graduates and all that 5453 1 West Point stands for, because we as a country 2 are very proud of having that institution and 3 hopefully that they will grow and mature with us 4 as we move on into a world of what appears to be 5 a great deal of uncertainty. But we know and 6 we're proud that they are with us. 7 So thank you again, General. 8 Thank you, cadets and graduates. 9 ACTING PRESIDENT KUHL: The Chair 10 recognizes Senator Wright. 11 SENATOR WRIGHT: Thank you, Mr. 12 President. I rise to join with my colleagues in 13 welcoming General Graves and the cadets from 14 West Point this morning. 15 As my colleagues are aware, I 16 have the distinct honor to represent the 10th 17 Mountain Division and Fort Drum located in - 18 outside Watertown, in Jefferson County, and we 19 have the occasion every day of the week to have 20 the fine young men and women of the United 21 States Army serve and represent our area and 22 serve as an integral part of our community. 23 We're very pleased to have the 5454 1 United States Army at Fort Drum in New York 2 State. We're very pleased to have the caliber 3 of men and women who serve in our Army living 4 and working within our community, and I say that 5 because it's very important we recognize they 6 too are citizens of New York State. They serve 7 on our school boards. They serve on our 8 volunteer fire companies. They serve within our 9 community organizations. They're an integral 10 part of the community in Watertown and Jefferson 11 County and throughout the North Country and 12 we're very pleased to be here today to recognize 13 the cadets who are going to be the young 14 officers, hopefully some of them will serve a 15 tour of duty at Fort Drum and become part of the 16 community in the North Country, so I'm very 17 pleased to recognize Senator Larkin for his 18 efforts and the efforts of the Senate in 19 recognizing the cadets and want to wish all of 20 them the very best of success and glad that 21 they're here to join with us today. 22 Thank you, Mr. President. 23 ACTING PRESIDENT KUHL: Is there 5455 1 any other member wishing to speak on the 2 resolution previous to adopting it? 3 On behalf of Senator Bruno, 4 Senator Hoblock, Senator Wright, General Graves, 5 let me say on behalf of all of the members here 6 who I know would love to stand up, but I know 7 that you have an appointment on the second floor 8 at 11:00 o'clock so we don't want to hold you 9 back from seeing the Governor, but we welcome 10 you here, you with your staff, certainly the 11 cadets. 12 We envy the cadets for their 13 heads held high, their pride, we're very 14 appreciative and certainly we commend you for 15 taking on the task that lies ahead of you, 16 certainly those of us not only in the state but 17 those of us in the country. So good luck in 18 your tasks before you. Have a great future. 19 We're all behind you, and thanks you for 20 coming. 21 (Standing applause.) 22 SENATOR BRUNO: Mr. President, 23 could we at this time take up the controversial 5456 1 calendar. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the controversial calendar. 4 THE SECRETARY: On page 25, 5 Calendar Number 444, by Senator Spano, Senate 6 Print 2103, an act to amend the Workers' 7 Compensation Law, in relation to attorney 8 costs. 9 ACTING PRESIDENT KUHL: Secretary 10 will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 60th day. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 52. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 Senator Bruno, that completes the 20 controversial calendar. 21 SENATOR BRUNO: Mr. President, is 22 there any housekeeping that remains to be done 23 in the chamber? 5457 1 ACTING PRESIDENT KUHL: I have a 2 couple of motions, Senator Bruno. I recognize 3 Senator DiCarlo. 4 SENATOR DiCARLO: Thank you, Mr. 5 President. 6 On page 18, I offer the following 7 amendments to Calendar 245, Senate Print 1126, 8 and ask that the bill retain its place on Third 9 Reading Calendar. 10 ACTING PRESIDENT KUHL: 11 Amendments to Calendar Number 235 are received 12 and accepted. Bill will retain its place on the 13 Third Reading Calendar. 14 Senator DiCarlo. 15 SENATOR DiCARLO: Also on behalf 16 of Senator Levy, on page 15, I offer the 17 following amendments to Calendar Number 128, 18 Senate Print 2591B, and ask that said bill 19 retain its place on Third Reading Calendar. 20 ACTING PRESIDENT KUHL: 21 Amendments to Calendar Number 128 received and 22 adopted; bill will retain its place on the Third 23 Reading Calendar. 5458 1 Senator Wright. 2 SENATOR WRIGHT: Mr. President, I 3 would request unanimous consent to be recorded 4 in the negative on Calendar Number 470. 5 ACTING PRESIDENT KUHL: Without 6 objection, Senator Wright will be recorded in 7 the negative on Calendar Number 470. 8 SENATOR BRUNO: Mr. President, 9 there being - 10 ACTING PRESIDENT KUHL: Senator 11 Bruno. 12 SENATOR BRUNO: -- no further 13 business to come before the Senate at this time, 14 I would move that we stand adjourned until 3:00 15 p.m. on Monday, May 8, intervening days to be 16 legislative days. Thank you. 17 ACTING PRESIDENT KUHL: Without 18 objection, the Senate will stand adjourned until 19 Monday, 3:00 p.m., May 8, intervening days to be 20 legislative days. 21 (Whereupon at 10:54 a.m., the 22 Senate adjourned.) 23