Regular Session - February 8, 1994

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        10                       ALBANY, NEW YORK

        11                       February 8, 1994

        12                           3:15 p.m.

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        15                        REGULAR SESSION

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        19       SENATOR HUGH T. FARLEY, Acting President

        20       STEPHEN F. SLOAN, Secretary

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        23











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         1                      P R O C E E D I N G S

         2                      ACTING PRESIDENT FARLEY:  Senate

         3       will come to order.  Senators will please find

         4       their seats.

         5                      If you will rise with me for the

         6       Pledge of Allegiance to the flag.

         7                      (Whereupon, the Senate joined in

         8       the Pledge of Allegiance to the Flag.)

         9                      We are pleased to have with us

        10       today the Reverend Michael Bacchus of Full

        11       Gospel Assembly of Brooklyn, New York.

        12                      Reverend Bacchus.

        13                      REVEREND MICHAEL BACCHUS:  Let us

        14       pray.

        15                      Eternal God, we ask this

        16       afternoon that You will come and You will give

        17       to our state leaders the wisdom, understanding

        18       for the difficult tasks that they have before

        19       them today as it pertains to our state and to

        20       our people.  We ask that You will guide them in

        21       their deliberations.

        22                      We ask that Your spirit will

        23       overshadow each one, and we pray that they will











                                                              556

         1       be able to make those difficult decisions that

         2       will affect the destiny of our state.

         3                      We thank You today for Your

         4       blessings, and we ask these things in His name

         5       with Thanksgiving.

         6                      Amen.

         7                      ACTING PRESIDENT FARLEY:  Thank

         8       you, Reverend.

         9                      The Secretary will begin by

        10       reading the Journal.

        11                      THE SECRETARY:  In Senate,

        12       Monday, February 7, the Senate met pursuant to

        13       adjournment.  Senator Spano in the chair upon

        14       designation of the Temporary President.  Prayer

        15       by Reverend Peter G. Young of the Blessed

        16       Sacrament Church of Bolton Landing.  The Journal

        17       of Friday, February 4, was read and approved.

        18       On motion, Senate adjourned.

        19                      ACTING PRESIDENT FARLEY:  Hearing

        20       no objection, the Journal will stand approved as

        21       read.

        22                      The order of business.

        23                      Presentation of petitions.











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         1                      Messages from the Assembly.

         2                      Messages from the Governor.

         3                      Reports of standing committees.

         4                      Senator Present.

         5                      SENATOR PRESENT:  Will you

         6       recognize Senator Larkin, please.

         7                      ACTING PRESIDENT FARLEY: Senator

         8       Larkin.

         9                      SENATOR LARKIN: There will be an

        10       immediate meeting of the Local Government

        11       Committee in Room 332.  We have one bill to

        12       consider.

        13                      ACTING PRESIDENT FARLEY: The

        14       Local Government Committee will meet in Room 332

        15       immediately.

        16                      We also have a report from a

        17       standing committee.  Senator Present, shall we

        18       proceed with it?

        19                      SENATOR PRESENT:  Proceed with

        20       it.

        21                      ACTING PRESIDENT FARLEY:

        22       Secretary will read it.

        23                      THE SECRETARY:  Senator Sears











                                                              558

         1       from the Committee on Consumers Protection

         2       reports the following bills directly for third

         3       reading:

         4                      Senate Bill Number 3619, by

         5       Senator Maltese and others, an act to amend the

         6       General Business Law.

         7                      4046, by Senators Sears and Lack,

         8       an act to amend the General Besiness Law.

         9                      6544, by Senator Sears, an act to

        10       amend the General Business Law.

        11                      Senator LaValle from the

        12       Committee on Higher Education reports the

        13       following bills directly for third reading:

        14                      Senate Bill Number 939, by

        15       Senator LaValle, an act to amend the Education

        16       Law.

        17                      1506, by Senators Volker and

        18       others, an act to amend the Education Law.

        19                      2583, by Senators Saland and

        20       Larkin, an act to amend the Education Law.

        21                      3970A, by Senators LaValle and

        22       Tully, an act to amend the Education Law.

        23                      Senator Cook from the Committee











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         1       on Education reports the following bills

         2       directly for third reading:

         3                      Senate Bill Number 47, by Senator

         4       Holland, authorize the Salvation Army Eastern

         5       Territory School for Officers Training.

         6                      2744A, by Senator Larkin and

         7       others, an act to amend the Education Law.

         8                      3248, by Senator Padavan, an act

         9       to amend the Education Law.

        10                      3304, by Senator Maltese and

        11       others, an act to amend the Education Law.

        12                      4341A, by Senator Cook, an act to

        13       amend the Education Law.

        14                      6566, by Senator Hannon,

        15       authorize payments in lieu of taxes by the

        16       County of Nassau.

        17                      6583, by Senator Cook, authorize

        18       payment of transportation aid to the Roscoe

        19       Central School.

        20                      Senator Padavan from the

        21       Committee on Cities reports the following bill

        22       directly for third reading:

        23                      Senate Bill Number 6411, by











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         1       Senator Maltese and others, Administrative Code

         2       of the City of New York.

         3                      Senator Levy from the Committee

         4       on Transportation reports the following bills:

         5                      Senate Bill 433, by Senator

         6       Stafford, an act to amend the Highway Law, in

         7       relation to abandonment of certain town

         8       highways.

         9                      1942, by Senator Larkin and

        10       others, an act to amend the Vehicle and Traffic

        11       Law.

        12                      2706, by Senator Goodman, an act

        13       to amend the Vehicle and Traffic Law.

        14                      4801, by Senator Levy, an act to

        15       amend the Vehicle and Traffic Law.

        16                      5343A, by Senator Maltese, an act

        17       to amend the Vehicle and Traffic Law.

        18                      5435B, by Senator Levy, New York

        19       State Thruway Authority.

        20                      6312, by Senator Holland, an act

        21       to amend the Public Authorities Law.

        22                      6335, by Senator Holland, an act

        23       to amend to amend the Public Authorities Law.











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         1                      6562, by Senator Johnson and

         2       others, study by the New York State Thruway

         3       Authority examining parking facilities.

         4                      Senator Skelos from the Committee

         5       on Aging reports the following bills:

         6                      Senate Bill Number 631, by

         7       Senator Skelos and others, an act to amend the

         8       Executive Law.

         9                      2191, by Senator Farley and

        10       others, an act to amend the Education Law.

        11                      3310, by Senator Skelos, an act

        12       to amend the Real Property Tax Law.

        13                      Senator Wright from the Committee

        14       on Alcoholism and Drug Abuse reports the

        15       following bills:

        16                      Senate Bill 471, by Senator Levy,

        17       an act to amend the Railroad Law and the Public

        18       Authorities Law.

        19                      1002, by Senator Levy and others,

        20       an act to amend the Vehicle and Traffic Law.

        21                      1579, by Senator Velella, an act

        22       to amend the Vehicle and Traffic Law.

        23                      2076, by Senator Levy, an act to











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         1       amend the Vehicle and Traffic Law.

         2                      Senator Tully -- excuse me.

         3                      Senator Volker from the Committee

         4       on Codes reports the following bills directly

         5       for third reading:

         6                      Senate Bill Number 779, by

         7       Senator Tully, Civil Practice Law and Rules.

         8                      919A, by Senator Volker and

         9       others, an act to amend the Penal Law, in

        10       relation to resisting arrest.

        11                      1424, by Senator Volker and

        12       others, an act to amend the Penal Law.

        13                      2421, by Senator Volker, an act

        14       to amend the Penal Law.

        15                      2459, by Senator Sears, an act to

        16       amend the Penal Law.

        17                      2630, by Senator Volker, an act

        18       to amend the Criminal Procedure Law.

        19                      2732A, by Senator Volker, Civil

        20       Practice Law and Rules.

        21                      2990, by Senator Cook and others,

        22       an act to amend the Criminal Procedure Law.

        23                      3498, by Senator Lack, an act to











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         1       amend the Penal Law.

         2                      3566, by Senator Pataki, an act

         3       to amend the Penal Law.

         4                      3612, by Senators Skelos and

         5       Tully, Criminal Procedure Law.

         6                      4520, by Senator Volker, Civil

         7       Rights Law.

         8                      6350, by Senator Volker and

         9       others, an act to amend the Penal Law and the

        10       Criminal Procedure Law.

        11                      Senator Johnson from the

        12       Committee on Environmental Conservation reports

        13       the following bills:

        14                      Senate Bill Number 783A, by

        15       Senator Johnson and others, Environmental

        16       Conservation Law.

        17                      1098, by Senator Daly and others,

        18       Environmental Conservation Law.

        19                      1795, by Senator Johnson and

        20       others, Environmental Conservation Law.

        21                      3367A, by Senator Johnson,

        22       Environmental Conservation Law.

        23                      4317, by Senator Nozzolio,











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         1       Subdivision 2 of Section 110511 on the

         2       Environmental Conservation Law.

         3                      Senator Maltese from the

         4       Committee on Crime Victims, Crime and Correction

         5       reports the following bills:

         6                      Senate Bill Number 577, by

         7       Senator LaValle, an act to amend the Correction

         8       Law.

         9                      4508, by Senator Maltese, an act

        10       to amend the Correction Law.

        11                      6552, by Senator Skelos and

        12       others, Correction Law.

        13                      And 6569, by Senator Skelos, an

        14       act to amend the Executive Law.

        15                      All bills reported directly for

        16       third reading.

        17                      ACTING PRESIDENT FARLEY:  All

        18       bills are reported directly to third reading.

        19                      Reports of select committees.

        20                      Communications and reports from

        21       state officers.

        22                      Motions and resolutions.

        23                      Senator Present.











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         1                      SENATOR PRESENT:  Mr. President.

         2       I move that we adopt the Resolution Calendar

         3       with the exception of Resolutions 2551, 2579 and

         4       2590.

         5                      ACTING PRESIDENT FARLEY:  All in

         6       favor of adopting the Resolution Calendar with

         7       exceptions say aye.

         8                      (Response of "Aye.")

         9                      Those opposed, nay.

        10                      (There was no response.)

        11                      The Resolution Calendar is

        12       adopted with exceptions.

        13                      Senator Kuhl.

        14                      SENATOR KUHL:  Yes, Mr.

        15       President.  I was away from the chambers

        16       yesterday, when the vote on Calendar Number 119

        17       was taken.  I would like the record to reflect

        18       that had I been in the chamber at the time the

        19       vote was taken that I would have voted in the

        20       affirmative on that bill.

        21                      ACTING PRESIDENT FARLEY:  Senator

        22       Kuhl, the record will so state.

        23                      SENATOR KUHL:  Thank you.











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         1                      ACTING PRESIDENT FARLEY:  Senator

         2       Sears.

         3                      SENATOR SEARS:  Mr. President.  I

         4       was away from the chamber on Senate business

         5       when the vote on Calendar 119, Senate Print

         6       2754, was taken yesterday.  I would like the

         7       record to reflect that had I been here, I would

         8       have voted in the affirmative on that bill.

         9                      ACTING PRESIDENT FARLEY:  The

        10       record will so state.

        11                      Senator Wright.

        12                      SENATOR WRIGHT:  Mr. President.

        13       I was away from the chamber on Senate business

        14       when the vote on Calendar 119, Senate Print

        15       2754, was taken yesterday.  I would like the

        16       record to reflect that had I been here, I would

        17       have voted in the affirmative on that bill.

        18                      ACTING PRESIDENT FARLEY:  The

        19       record will so state.

        20                      Are there any other motions?

        21                      Senator Present.

        22                      SENATOR PRESENT:  Mr. President.

        23       I would like to call up Resolution 2579, ask











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         1       that it be read and offered up to the

         2       sponsorship of the entire chamber.

         3                      ACTING PRESIDENT FARLEY:  The

         4       Secretary will read.

         5                      THE SECRETARY:  Legislative

         6       Resolution 2579, by Senators Marino, Skelos and

         7       others, expressing sincerest sorrow upon the

         8       occasion of the death of the former Secretary of

         9       the Senate of the State of New York Albert J.

        10       Abrams.

        11                      Whereas, the membership of the

        12       Senate of the State of New York is moved this

        13       day to recognize and pay tribute to an

        14       individual of distinguished purpose and true

        15       commitment who dedicated his life and career to

        16       public service and to the pursuit of excellence

        17       in the conduct of this legislative process.

        18                      Attendant to such concern and

        19       fully in accord with it's longstanding

        20       traditions, it is the intent of this legislative

        21       body to express sincerest sorrow upon the

        22       occasion of the death of the former Secretary of

        23       the Senate of the State of New York Albert J.











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         1       Abrams.

         2                      Albert J. Abrams, a resident of

         3       Slingerlands, New York, is survived by his wife,

         4       Lorena Friedman Abrams; by four children, David

         5       Abrams of Miami, Eugenie Abrams of Ravena,

         6       Valerie Sideman of Hopedale, Massachusetts, and

         7       Marc Kessler of Cambridge, Massachusetts; by one

         8       sister, Shirley Miller of Baltimore, Maryland;

         9       and by eight grandchildren.

        10                      Albert J. Abrams dedicated 58

        11       years of service to the New York State Senate

        12       spanning over 75 legislative sessions including

        13       special sessions, impeachment sessions and

        14       constitutional conventions.

        15                      Albert J. Abrams was elected

        16       Secretary of the Senate on January 6, 1963,

        17       appointed Deputy Secretary in 1965, and

        18       reelected as Secretary in January 1966, and

        19       served in this capacity until 1976.

        20                      As chief administrative officer

        21       of the New York State Senate, Albert J. Abrams

        22       effectuated the smooth and efficient transition

        23       of the legislative body into the electronic and











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         1       computer age.

         2                      Albert J. Abrams served as senior

         3       advisor to four successive majority leaders,

         4       Walter J. Mahoney, Joseph Zaretzki, Earl Brydges

         5       and Warren Anderson, over nearly 30 years.

         6                      A graduate of New York

         7       University, Albert Abrams majored in government;

         8       Albert J. Abrams was sent to Albany in 1936 to

         9       work for a three-month period as a legislative

        10       assistant for State Senator Thomas C. Desmond;

        11       the job lasted 20 years until he became city

        12       manager of Newburgh, a position he held for

        13       several years.

        14                      Albert Abrams served as executive

        15       director of the Senate Committee on Cities, the

        16       State Joint Legislative Committee on Nutrition

        17       and the Joint Legislative Committee on Aging.

        18                      Albert J. Abrams also founded the

        19       National Society of Legislative Clerks and

        20       Secretaries which celebrated its 25th year at

        21       its annual meeting in Albany, New York, in

        22       1992.

        23                      More recently, Albert Abrams











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         1       served as senior policy analyst in the New York

         2       State Senate for the past several years.

         3                      Albert J. Abrams was awarded the

         4       American Society of Public Administration Alfred

         5       E. Smith Award for outstanding administration

         6       and was also awarded the Arthur Levitt Award by

         7       the Alliance of Public Employees Association.

         8                      Albert Abrams organized the

         9       National Association of Jewish Legislators,

        10       which he served as Volunteer Executive Director;

        11       he was the Research Director of the National

        12       Association of Legislative Leaders; and also

        13       served as a Management Consultant to the United

        14       States Senate.

        15                      Albert Abrams also served as an

        16       adjunct professor at State University of New

        17       York at Albany's graduate school in public

        18       administration and at Siena College; his

        19       proposal for the establishment of the Albert

        20       Einstein Distinguished Chair in Science and the

        21       Albert Schweitzer Distinguished Chairs in the

        22       Humanities, under the jurisdiction of the New

        23       York State Board of Regents, was enacted into











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         1       law in 1964.

         2                      Albert J. Abrams was instrumental

         3       in developing the field of gerontology, having

         4       served as director of the first legislative

         5       committee in the country dealing with problems

         6       of the aging; he was the founder of the National

         7       Council on the Aging and served as its

         8       President; his extensive writings on aging have

         9       been widely published.

        10                      Albert Abrams served as President

        11       of the Albany Senior Services Center, Inc., and

        12       was responsible for the establishment of its

        13       foundation.

        14                      Albert J. Abrams was chairman of

        15       the Committee on Aging for the United Jewish

        16       Appeal and served on the Board of Daughters of

        17       Sarah Nursing Home and B'Nai Brith Parkview

        18       Apartments.

        19                      Albert Abrams received the Ollie

        20       A. Randall Award and the Henrietta Rabe Award

        21       for service to the aged and to senior centers.

        22                      Albert J. Abrams served on the

        23       Board of the Albany Symphony Orchestra and on











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         1       the Board of Directors of the Visiting Nurses

         2       Association.

         3                      Albert J. Abrams was a person of

         4       great warmth and compassion with a fertile and

         5       innovative mind, constantly searching out ways

         6       for improving the lives of others; he was

         7       articulate and persuasive in advancing the

         8       principles for which he stood; his keen wit and

         9       sense of humor were an integral part of his

        10       personality and provided a firm foundation for

        11       his optimistic attitude toward life and his

        12       confidence that solutions to the problems of

        13       society could always be found.

        14                      The legacy of Albert J. Abrams

        15       will long serve as a model of integrity and

        16       devotion to public service, and it is now the

        17       intent of this legislative body to inscribe upon

        18       its records this somber and grateful tribute to

        19       his memory, hopeful that future generations may

        20       understand and appreciate the benevolence of the

        21       man, the merit of his causes, and the caliber of

        22       his services to the citizens of New York; now,

        23       therefore, be it











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         1                      Resolved, That this Legislative

         2       Body pause in its deliberations to pay tribute

         3       to the life and accomplishments of the late

         4       Albert J. Abrams, former Secretary of the New

         5       York State Senate, recognizing the significance

         6       of his exemplary record of public service and

         7       selfless dedication to representing the people

         8       of New York State with integrity and dedication;

         9       and be it further

        10                      Resolved, That a copy of this

        11       resolution, suitably engrossed, be transmited to

        12       Mrs. Albert J. Abrams and family, Slingerlands,

        13       New York.

        14                      ACTING PRESIDENT FARLEY:  On the

        15       resolution.  All those in favor, aye.

        16                      (Response of "Aye.")

        17                      Those opposed, nay.

        18                      (There was no response.)

        19                      The resolution is unanimously

        20       adopted.

        21                      Senator Present.

        22                      Senator Velella.

        23                      SENATOR VELELLA:  My bill on page











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         1       4, Calendar Number 59, Senate 2599B, would you

         2       put a star on that bill, please?

         3                      ACTING PRESIDENT FARLEY:  Bill is

         4       starred at the request of the responsor.

         5                      Senator Present.

         6                      SENATOR PRESENT:  Mr. President.

         7       Could we take up Resolution 2590?

         8                      ACTING PRESIDENT FARLEY:  2590,

         9       the Secretary will read the title.

        10                      THE SECRETARY:  Legislative

        11       Resolution 2590, by Senator Maltese and others,

        12       urging the New York State congressional

        13       delegation to propose a Constitutional Amendment

        14       for ratification by the states which would

        15       specify that the Congress and the states shall

        16       have the power to prohibit the physical

        17       desecration of the American Flag.

        18                      Whereas, it is the sense of this

        19       Legislative Body that the flag of the United

        20       States is more than an arbitrary symbol, it is

        21       more than an appendage of circumstance; on the

        22       contrary, the flag of the United States is the

        23       living embodiment of those sacred ideals and











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         1       principles upon which this beloved nation was

         2       first founded and for which countless thousands

         3       have given their lives in the cause of America's

         4       freedom.

         5                      The flag of the United States,

         6       since its very inception, has served as a most

         7       paradigmatic attribute of this nation's

         8       sovereignty; the exhilarative expression of a

         9       united people, the flag of the United States is

        10       a consciously designed pattern whose history is

        11       anchored in the unswerving conviction that this

        12       beloved nation evolve in a manner consistent

        13       with the dreams and aspirations of our

        14       forefathers, of those who, at the price of great

        15       suffering, first enunciated the ultimate end and

        16       purpose of our American experience.

        17                      Consistent with that shared

        18       determination, the Supreme Court of the United

        19       States has labored to assure the pervasive and

        20       equitable extension of civil liberties.

        21                      Nevertheless, in the case of

        22       Texas vs. Johnson, No. 88-155, the Supreme Court

        23       has ruled that a statute may not be enacted to











                                                              576

         1       prohibit the desecration of the American flag.

         2                      It has become increasingly

         3       apparent that such a ruling presses against the

         4       will of the American people, for whom, in the

         5       first instance, the flag of the United States

         6       personifies freedom.

         7                      The Congress of the United States

         8       has repeatedly supported legislation protecting

         9       the flag from acts of desecration; on March 6 of

        10       1989, legislation was passed in the Senate by

        11       the overwhelming vote of 97 to 0 prohibiting

        12       this display of the flag on the floor or

        13       ground.

        14                      It is the sense of this

        15       Legislative Body to join with the Congress of

        16       the United States in disavowing the inadequacies

        17       of the Supreme Court ruling and to urge the

        18       people of the State of New York to continue to

        19       proudly display the American Flag as a sacred

        20       expression of this nation's freedom and for

        21       those values for which it stands.

        22                      This Legislative Body

        23       specifically memorializes the New York State











                                                              577

         1       Congressional Delegation to address the errancy

         2       inherent in the Texas vs. Johnson ruling and to

         3       immediately secure passage of a Constitutional

         4       Amendment proscribing the desecration of the

         5       flag of the United States; now, therefore, be it

         6                      Resolved, That this Legislative

         7       Body pause in its deliberations in memorializing

         8       the Congress of the United States to assert its

         9       legitimacy and, in doing, initiate legislation

        10       culminating in an Amendment to the Constitution

        11       of the United States specifically prohibiting

        12       the desecration of the American Flag, fully

        13       confident that such procedure is in accord with

        14       our shared commitment to the preservation of

        15       that patrimony of freedom which is our American

        16       Heritage; and be it further

        17                      Resolved, That copies of this

        18       Resolution, suitably engrossed, be transmitted

        19       to the Congress of the United States.

        20                      ACTING PRESIDENT FARLEY:  Senator

        21       Maltese, on the resolution.

        22                      SENATOR MALTESE:  Mr. President.

        23       I wish to advise the body that the resolution is











                                                              578

         1       open to all members of the house.

         2                      ACTING PRESIDENT FARLEY:  On the

         3       resolution.  All in favor, say aye.

         4                      (Response of "Aye.")

         5                      Those opposed, nay.

         6                      (Response of "Nay.")

         7                      The resolution is adopted.

         8                      Anybody that wishes to be on the

         9       resolution, please let the desk know.

        10                      Senator Present.

        11                      SENATOR PRESENT:  May we return

        12       to reports of standing committees, please?

        13                      ACTING PRESIDENT FARLEY:  Yes, we

        14       may.

        15                      We have a substitution, I

        16       believe.

        17                      THE SECRETARY:  Senator Larkin,

        18       from the Committee on Local Government, reports

        19       the following bill directly for third reading:

        20                      Senate Bill Number 6640, by

        21       Senator Holland, an act authorizing the

        22       extension of time for collection of taxes

        23       without interest or penalties for the year 1994











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         1       as a result of the severe and unprecedented

         2       weather conditions existing.

         3                      Reported to third reading.

         4                      ACTING PRESIDENT FARLEY:  Without

         5       objection, third reading.

         6                      We have a substitution of that

         7       bill, if we may do that, Senator Present.

         8                      Secretary will read the

         9       substitution.

        10                      THE SECRETARY:  Senator Holland

        11       moves to discharge the Committee on Local

        12       Government from Assembly Bill Number 9370 and

        13       substitute it for his identical Senate Bill

        14       6640.

        15                      ACTING PRESIDENT FARLEY:  Senator

        16       Present, we have no message on that as yet so we

        17       can't pass it.  Substitution is ordered on the

        18       bill, though.

        19                      Senator Present.

        20                      SENATOR PRESENT:  Mr. President.

        21       Call up Resolution 2551, and recognize Senator

        22       Larkin, please.

        23                      ACTING PRESIDENT FARLEY:  The











                                                              580

         1       Resolution is called up.

         2                      Senator Larkin.

         3                      You got to read the title, I

         4       believe.

         5                      THE SECRETARY:  Legislative

         6       Resolution 2551, by Senator Larkin.  Legislative

         7       Resolution memorializing the life and

         8       accomplishments of Joel Cook, founder of the

         9       National Human Rights Committee for POW/MIAs.

        10                      ACTING PRESIDENT FARLEY:  Senator

        11       Larkin.

        12                      SENATOR LARKIN:  Mr. President.

        13       My colleagues.

        14                      Joel Cook was one individual who

        15       was totally dedicated to the accountability for

        16       MIAs and POWs.  Joel Cook served in Vietnam

        17       1971-72.  Was a member of the First Cav'.  He

        18       was an Infantry Sergeant, was wounded, Silver

        19       Star, Bronze Star with "V" for "Valor".

        20                      Upon returning home, he found the

        21       American people were lackadaisical, had no care

        22       for those who had served their country and were

        23       wounded, killed or missing.











                                                              581

         1                      In 1977, in conjunction with the

         2       families of missing servicemen, he founded the

         3       National Human Rights Commission which later

         4       became a part of the MIA/POW movement.

         5                      He went around this country at

         6       his own expense, promoting the awareness and the

         7       fact that there were at that time over 3,000

         8       Americans missing and unaccounted for in

         9       Southeast Asia.

        10                      In 1992, it was found that he had

        11       Agent Orange.  I remind you he left Vietnam in

        12       1972.  Twenty years later at a veterans

        13       hospital, Castle Point, they found that this

        14       young man of 45 years old, father of two

        15       children, had terminal cancer from Agent

        16       Orange.

        17                      Joel Cook never gave up.  He

        18       continually pressed.  He made a trip to Nam, a

        19       part of President Reagan's task force, to go in,

        20       and President Bush's, to see what we could do

        21       about accounting for those that are missing.

        22                      You know, today as we pass this

        23       resolution, we find that we are recognizing











                                                              582

         1       Vietnam.  We are lifting the embargo.  I find it

         2       a helluva action when I find that over 2,000

         3       Americans are still missing.

         4                      Joel Cook went to his grave

         5       fighting to make the American people and the

         6       Congress of the United States aware that we can

         7       not call upon our young people and ask them to

         8       give their blood and their life and then turn

         9       their back on them, and that's what this nation

        10       has done.

        11                      Mr. President.  My colleagues.

        12       Joel Cook was an individual, came up from meager

        13       means, rose to be a very prominent member in an

        14       organization that cared about human life and

        15       human dignity.

        16                      I would offer this resolution and

        17       open it for sponsors.

        18                      Thank you very much.

        19                      ACTING PRESIDENT FARLEY:  On the

        20       resolution.  All in favor, say aye.

        21                      (Response of "Aye.")

        22                      Those opposed, nay.

        23                      (There was no response.)











                                                              583

         1                      The resolution is adopted.

         2                      The resolution is open for

         3       members that wish to join in on it.  Please

         4       notify the desk.

         5                      Senator Present.

         6                      SENATOR PRESENT:  Mr. President.

         7       Let's take up the noncontroversial calendar.

         8                      ACTING PRESIDENT FARLEY:

         9       Noncontroversial calendar.  The Secretary will

        10       read from page 5.

        11                      THE SECRETARY:  On page 5,

        12       Calendar Number 88, by Senator Levy.

        13                      SENATOR CONNOR:  Lay it aside.

        14                      SENATOR PRESENT:  Lay it aside.

        15                      ACTING PRESIDENT FARLEY:  Lay

        16       that bill aside.

        17                      THE SECRETARY:  Calendar Number

        18       103, by Senator Stafford.

        19                      SENATOR DOLLINGER:  Lay it aside.

        20                      ACTING PRESIDENT FARLEY:  Lay

        21       that bill aside.

        22                      THE SECRETARY:  Calendar Number

        23       113, by Senator Stafford, Senate Bill Number











                                                              584

         1       4237A, relating to state aid to the North Warren

         2       Center School District.

         3                      ACTING PRESIDENT FARLEY:  There

         4       is a local fiscal impact note here at the desk.

         5                      Read the last section.

         6                      THE SECRETARY:  Section 2.  This

         7       act shall take effect immediately.

         8                      ACTING PRESIDENT FARLEY:  Call

         9       the roll.

        10                      (The Secretary called the roll.)

        11                      THE SECRETARY:  Ayes 50.

        12                      ACTING PRESIDENT FARLEY:  The

        13       bill is passed.

        14                      THE SECRETARY:  Calendar Number

        15       130, by Senator Stafford, Senate Bill Number

        16       438, an act to amend the Real Property Tax Law.

        17                      ACTING PRESIDENT FARLEY:  Read

        18       the last section.

        19                      THE SECRETARY:  Section 3.  This

        20       act shall take effect -

        21                      SENATOR CONNOR:  Lay it aside.

        22                      ACTING PRESIDENT FARLEY:  Lay

        23       that bill aside.  Withdraw the roll call.











                                                              585

         1                      Senator Present, that's

         2       noncontroversial.

         3                      We have some amendments on the

         4       floor.

         5                      Senator Lack.

         6                      SENATOR LACK:  Mr. President.  On

         7       page 4, I offer the following amendments to

         8       Calendar Number 27, Senate 4106, on behalf of

         9       Senator Wright and ask that the bill retain its

        10       place on Third Reading Calendar.

        11                      ACTING PRESIDENT FARLEY:

        12       Amendments received.  The bill will retain its

        13       place.

        14                      SENATOR LACK:  Also on behalf of

        15       Senator Wright, on page 4, I offer the following

        16       amendments to Calendar Number 28, Senate 4107,

        17       and ask that the bill retain its place on the

        18       calendar.

        19                      ACTING PRESIDENT FARLEY:

        20       Amendments received.  The bill will retain its

        21       place.

        22                      Any other motions on the floor?

        23                      Senator Present, what's your











                                                              586

         1       pleasure?

         2                      SENATOR PRESENT:  Mr. President.

         3       Can we stand at ease maybe awaiting a message?

         4                      ACTING PRESIDENT FARLEY:  The

         5       Senate will stand at ease.

         6                      (Whereupon, at 3:45 p.m., the

         7       Senate was at ease.)

         8                      (Whereupon, at 3:59 p.m., Senate

         9       reconvened.)

        10                      ACTING PRESIDENT FARLEY:  Senate

        11       will come to order.

        12                      Senator Present.

        13                      SENATOR PRESENT:  Mr. President.

        14       Can we call up Assembly Bill 9370?

        15                      ACTING PRESIDENT FARLEY:

        16       Secretary will read Assembly Bill 9370.

        17                      THE SECRETARY:  Calendar 201,

        18       Assembly Bill 9370, by Member of the Assembly

        19       Nicoletti, substituted earlier today, an act

        20       authorizing the extension of time for collection

        21       of taxes.

        22                      ACTING PRESIDENT FARLEY:  Read

        23       the last section.











                                                              587

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      ACTING PRESIDENT FARLEY:  Call

         4       the roll.

         5                      (The Secretary called the roll.)

         6                      THE SECRETARY:  Ayes 52.

         7                      ACTING PRESIDENT FARLEY:  The

         8       bill is passed.

         9                      What is your pleasure?

        10                      SENATOR PRESENT:  Mr. President.

        11       There being no further business, I move we

        12       adjourn until Monday, February 14, intervening

        13       days being legislative days.

        14                      ACTING PRESIDENT FARLEY:  The

        15       Senate will stand adjourned until Monday at the

        16       regular hour, intervening legislative days, 3:00

        17       p.m.

        18                      (Whereupon, at 4:01 p.m., Senate

        19       adjourned.)

        20

        21

        22

        23