Regular Session - March 1, 1994
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9 ALBANY, NEW YORK
10 March 1, 1994
11 3:24 p.m.
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14 REGULAR SESSION
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18 SENATOR HUGH T. FARLEY, Acting President
19 STEPHEN F. SLOAN, Secretary
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844
1 P R O C E E D I N G S
2 ACTING PRESIDENT FARLEY: Please
3 rise to the Pledge of Allegiance to the flag.
4 (Whereupon, the Senate joined in
5 the Pledge of Allegiance to the Flag.)
6 Before we have our moment of
7 silence, I would like to recognize Senator Gold.
8 SENATOR GOLD: Thank you, Mr.
9 President. My colleagues, yesterday, we were
10 honored with the presence of Rabbi Butman from
11 the Lubavitch Youth Movement and we passed a
12 resolution. It is with the greatest distress
13 that I have to tell you that there was an
14 incident in New York today, earlier today, where
15 a van which contained some young Lubavitch
16 students who had apparently been visiting Rabbi
17 Schneerson, who was at a doctor, were fired upon
18 by a passing car as they left the FDR Drive and
19 were onto the Brooklyn Bridge. There are
20 details which are very sketchy, and I don't want
21 to give any of the rumors because that can only
22 cause some problem.
23 I know the Governor and some
845
1 other people, even Reverend Sharpton, I
2 understand, have spoken out against this, but
3 perhaps in our prayers today, which is so close
4 to the ceremony of yesterday, we might
5 remember or think about the four young men -- I
6 think all in their teens. Two, I think, are
7 still in critical condition or three in critical
8 condition in St. Vincent's hospital. But we
9 might just want to remember them in our prayers.
10 ACTING PRESIDENT FARLEY: Please
11 bow our heads for a moment of silence in
12 remembrance of the tragedy on the Brooklyn
13 Bridge today.
14 (Whereupon, there was a moment of
15 silence.)
16 The Secretary will begin by
17 reading the Journal.
18 THE SECRETARY: In Senate,
19 Monday, February 28. The Senate met pursuant to
20 adjournment. Senator Padavan in the chair upon
21 designation of the Temporary President. The
22 prayer was given by Rabbi Butman of Brooklyn,
23 New York. The Journal of Friday, February 25,
846
1 was read and approved. On motion, Senate
2 adjourned.
3 ACTING PRESIDENT FARLEY: Hearing
4 no objection, the Journal will stand approved as
5 read.
6 The order of business:
7 Presentation of petitions.
8 Messages from the Assembly.
9 Messages from the Governor.
10 Reports of standing committees.
11 Reports of select committees.
12 Communications and reports from
13 State officers.
14 Motions and resolutions.
15 Senator Lack.
16 SENATOR LACK: Thank you, Mr.
17 President. On behalf of Senator Johnson, I move
18 that his bill S.3175 be discharged from its
19 committee and be recommitted with instructions
20 to strike the enacting clause.
21 ACTING PRESIDENT FARLEY: So
22 ordered.
23 SENATOR LACK: Thank you, Mr.
847
1 President. On behalf of Senator Volker, on page
2 7, I offer the following amendments to his bill,
3 Calendar Number 181, Senate Print 1424, and ask
4 that the bill retain its place on the Third
5 Reading Calendar.
6 ACTING PRESIDENT FARLEY: Without
7 objection, the bill will retain its place.
8 Senator Skelos.
9 SENATOR SKELOS: On behalf of
10 Senator Wright, I move that the following bills
11 be discharged from their respective committees
12 and be recommitted with instructions to strike
13 the enacting clause:
14 Senate Print Numbers 2388, 3806B,
15 3807B, 3808, 3812, 3813A, 4109, 4436, 4437, 5472
16 and 5473.
17 ACTING PRESIDENT FARLEY: All
18 bills are recommitted.
19 We have a substitution.
20 Senator LaValle, do you have a
21 motion?
22 SENATOR LAVALLE: Yes. Mr.
23 President. I would like unanimous consent. I
848
1 was on Senate business on February the 15th,
2 1994, when the vote on Calendar Number 156,
3 Senate Print Number 1942, was taken. I would
4 like the record to reflect that had I been in
5 the chamber, I would have voted in the
6 affirmative.
7 ACTING PRESIDENT FARLEY: The
8 record will show.
9 We have a substitution.
10 Secretary will read it.
11 THE SECRETARY: On page 6 of
12 today's calendar, Senator Skelos moves to
13 discharge the Committee on Aging from Assembly
14 Bill Number 9317, and substitute it for the
15 identical Calendar 111.
16 ACTING PRESIDENT FARLEY:
17 Substitution is ordered.
18 Are there any other motions on
19 the floor?
20 (There was no response.)
21 Senator Present.
22 SENATOR PRESENT: Mr. President.
23 I move that we adopt the Resolution Calendar
849
1 with the exception of 2673 and 2736.
2 ACTING PRESIDENT FARLEY: All in
3 favor of adopting the Resolution Calendar with
4 exceptions, say aye.
5 (Response of "Aye.")
6 Those opposed, nay.
7 (There was no response.)
8 The Resolution Calendar is
9 adopted.
10 SENATOR PRESENT: Recognize
11 Senator DiCarlo.
12 ACTING PRESIDENT FARLEY: Senator
13 Levy.
14 SENATOR LEVY: Mr. President. On
15 February 15, I wasn't in the chamber when a vote
16 on Calendar 156, Senate Print 1942, was taken,
17 and I would like the record also to reflect that
18 if I had been in the chamber, I would have voted
19 in the affirmative.
20 ACTING PRESIDENT FARLEY: The
21 record will so state.
22 Senator DiCarlo.
23 SENATOR DiCARLO: Mr. President.
850
1 I would like to open for co-sponsorship
2 Resolution Number 2745 for the 75th anniversary
3 of the American Legion National.
4 ACTING PRESIDENT FARLEY: The
5 resolution on the American Legion is open for
6 co-sponsorship. Please let the desk know.
7 SENATOR GOLD: Senator Present
8 says everybody.
9 SENATOR PRESENT: Yes.
10 ACTING PRESIDENT FARLEY: The
11 entire Senate will be on the resolution. If you
12 wish not to, approach the desk.
13 Senator Present.
14 SENATOR PRESENT: Would you
15 recognize Senator Skelos, please.
16 ACTING PRESIDENT FARLEY: Senator
17 Skelos.
18 SENATOR SKELOS: Mr. President.
19 I'd ask at this time that Resolution Number 2673
20 be read in its entirety.
21 ACTING PRESIDENT FARLEY:
22 Secretary will read Senator Skelos' resolution
23 in its entirety.
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1 THE SECRETARY: Legislative
2 Resolution 2673, by Senator Skelos and other
3 members of the Senate, memorializing the
4 Honorable Mario M. Cuomo to proclaim May 25,
5 1994, as Missing Children's Day in New York
6 State.
7 Whereas, the children of today
8 are our citizens of tomorrow and deserve a voice
9 to protect their interests.
10 More than one million children
11 are reported missing, abducted, murdered, lost,
12 injured or have run away in the United States
13 each year. There are currently more than 4500
14 children missing in the State of New York.
15 The injury of abduction has been
16 proven to cause permanent emotional trauma to
17 not only the children but to relatives and
18 others who are close to the child.
19 Missing children, including those
20 abducted by family members or strangers and
21 those who run away, often suffer from emotional,
22 physical and sexual abuse.
23 It is important to remember all
852
1 children who are missing. The New York State
2 Senate is joining forces with other missing
3 children's organizations, criminal justice
4 officials and concerned citizens throughout
5 America, to observe 1994 National Missing
6 Children's Day.
7 Now, therefore be it, resolved,
8 that the New York State Senate designates May
9 25, 1994, as Missing Children's Day in New York
10 State; and
11 Be it further, resolved, that the
12 New York State Senate reaffirms its commitment
13 to address the issues of missing and exploited
14 children during 1994 National Missing Children's
15 Day and throughout the year; and
16 Be it further, resolved, that on
17 this day, parents throughout New York State are
18 urged to be aware of the potential threat of
19 child abduction and exploitation and to
20 emphasize to their children the importance of
21 knowing their full names, addresses and
22 telephone numbers and of avoiding situations
23 that can lead to abduction; and
853
1 Be it further, resolved, that a
2 copy of this resolution, suitably engrossed, be
3 transmitted to the Honorable Mario M. Cuomo,
4 Governor of the State of New York.
5 ACTING PRESIDENT FARLEY: All in
6 favor of the resolution, please say aye.
7 (Response of "Aye.")
8 Those opposed, nay.
9 (There was no response.)
10 The resolution is adopted.
11 Senator Present.
12 SENATOR PRESENT: Would you
13 recognize Senator LaValle, please.
14 ACTING PRESIDENT FARLEY: Senator
15 LaValle.
16 SENATOR LAVALLE: Yes. Mr.
17 President. We have a resolution which I would
18 like you to call, Resolution 2736. Could you
19 read the title, please.
20 ACTING PRESIDENT FARLEY:
21 Secretary will read the title of the resolution.
22 THE SECRETARY: Legislative
23 Resolution 2736, by Senators LaValle, Marino,
854
1 Stafford, and others, conveying profound
2 admiration and deserving tribute in recognition
3 of the distinguished career and contributions of
4 D. Bruce Johnstone, Chancellor of the State
5 University of New York, on the occasion of his
6 departure from office, March 1, 1994.
7 ACTING PRESIDENT FARLEY: Senator
8 LaValle.
9 SENATOR LAVALLE: Mr. President.
10 The resolution is a very lengthy one, but I
11 think it is very fitting that this resolution is
12 before this body today, today being SUNY Day,
13 and I'm sure that each of you have had numerous
14 visits by people throughout the SUNY system.
15 This resolution is being
16 sponsored -- the prime sponsor is Assemblyman
17 Sam Hoyt. And Sam's father, Bill Hoyt, former
18 Assemblyman Bill Hoyt, and Chancellor Johnstone
19 were very, very close personal friends. And
20 most of the contents in thisresolution were
21 really drafted by Assemblyman Hoyt, and I think
22 really reflect the true character and persona of
23 Chancellor Johnstone. I would like to just read
855
1 just a piece of this.
2 The life and career of D. Bruce
3 Johnstone personifies a purposeful journey of a
4 man of uncommon qualities, disclosing much more
5 than a stereotypic bureaucrat who has guarded
6 academia's ivied sanctums; revealed, instead is
7 the caring custodian of education whose
8 responsible sensitivities and dauntless
9 determinations have brought a velveted hand of
10 helmsmanship to the ponderous flagship of New
11 York's education system as it passed through
12 turbulent waters towards the horizon of the 21st
13 century.
14 And it goes on to resolve our
15 respect for Chancellor Johnstone as an
16 educator.
17 Chancellor Johnstone took the
18 helm of the State University system, as I
19 indicated, during very, very turbulent times.
20 The worst budgets that SUNY was dealt were dealt
21 on his watch, and certainly it's never easy to
22 administrate anything when there is no money.
23 It's always fun when there is lots of money and
856
1 you're building systems and you are building
2 buildings and you are building programs. That
3 was not the case.
4 But one of the things that
5 Chancellor Johnstone did do, and I think
6 something that he was particularly proud of and
7 what he, I believe, would like as his signature
8 on his Chancellorship on his watch was the
9 creation of what is known as "SUNY 2000."
10 SUNY 2000 is a very broad plan, a
11 blueprint. Doesn't have a lot of great detail,
12 but it is the vision of what the individuals who
13 put this together, the trustees, the Chancellor,
14 the administration and the faculty, of what we
15 envision SUNY to be in the year 2000.
16 For the record, I am going to
17 read just a portion of the Chancellor's letter
18 at the beginning of the SUNY 2000, because I
19 think it captures what he would like to see
20 happen in years beyond 1994. The Chancellor's
21 letter read as follows, in part:
22 "This is a plan or at least the
23 first step of a plan for the State University of
857
1 New York for the remainder of the decade of the
2 1990s and into the next century. A plan is not
3 a prediction of the future nor, to be useful, is
4 it a projection of what we wish the future to
5 be. Rather, a plan is an action agenda for the
6 present tempered by a realistic, though hopeful,
7 assessment of the future. A worthwhile plan for
8 the State University in the 1990s should be a
9 source of goals and principles combined with
10 actions that we can begin to take now in order
11 to reach the vision we set for a decade hence.
12 In 1989, with this concept planning in mind, we
13 establish a ongoing process called SUNY 2000,
14 whose goals are to:
15 "1. Articulate a vision for the
16 State University of New York as it approaches
17 the 21st century;
18 "2. Hold to this vision while
19 developing concrete, systemwide plans cognizant
20 of the State's demographic, fiscal and political
21 climate in the 1990s; and
22 "3. Stimulate campus plans that
23 both respond to the SUNY 2000 goals for the
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1 system and transcend them, reflecting the unity
2 of the university as well as its diversity and
3 decentralization.
4 "Overall, SUNY 2000 seeks a
5 whole that is more than the sum of SUNY's 64
6 parts, a plan for a large complex institution
7 like a university will probably not in the end
8 yield goals that will surprise or shock the
9 reader any more than it will contain goals that
10 will profoundly wrench or disrupt the
11 institution. The past is both rewarding and
12 constraining. What any institution can or will
13 become is very much a function of what that
14 institution is and has been. The degrees of
15 true freedom in a university's plan are few,
16 even if it must be prepared to do battle for
17 certain important changes. In short, the State
18 University of New York is on a good course from
19 which it should not veer dramatically."
20 I read that, and the letter goes
21 on in much greater detail, but I think the
22 opening page of that letter captures the true
23 essence of what the Chancellor, the Trustees and
859
1 those who are presently at SUNY wish our
2 university system to be. Its goals are
3 laudatory, are worthy; and certainly with the
4 budget that we will have and that we are working
5 on, we certainly will begin a fresh page, a new
6 investment in the State University.
7 And, certainly, the citizens of
8 this state have been enriched because Bruce
9 Johnstone has been its Chancellor. He has
10 brought it through very, very difficult times.
11 The Chancellor and I have not always agreed, but
12 our disagreements have always been not over
13 substance but merely approach, and the
14 Chancellor's true love for the university has
15 always been first and foremost.
16 I first met Bruce Johnstone when
17 he was President at Buff' State. I should have
18 known then when he talked about Buff' State and
19 the SUNY system that, when he became Chancellor,
20 he would be a very staunch advocate for that
21 system.
22 It is no secret why the
23 Chancellor has left. He has health problems and
860
1 he has returned to Western New York. I
2 certainly wish him and hope that he will be
3 successful in dealing with his health problems,
4 and I am sure many of us through our prayers and
5 our thoughts combined with his treatments will
6 successfully bring him through this very
7 difficult time.
8 So, Mr. President, this
9 resolution -- I know we have sought sponsorship
10 of all the members -- is certainly open for
11 sponsorship of all the Senators who wish to join
12 on this resolution.
13 ACTING PRESIDENT FARLEY: Senator
14 Present, everyone on the resolution without
15 objection?
16 SENATOR PRESENT: Yes.
17 SENATOR GOLD: Yes.
18 ACTING PRESIDENT FARLEY: Every
19 member of the Senate will be on the resolution
20 unless they indicate otherwise.
21 All in favor of the resolution,
22 say aye.
23 (Response of "Aye.")
861
1 Those opposed, nay.
2 (There was no response.)
3 The resolution is adopted.
4 Senator Present.
5 SENATOR PRESENT: Call on Senator
6 Larkin, please.
7 ACTING PRESIDENT FARLEY: Senator
8 Larkin.
9 SENATOR LARKIN: Mr. President.
10 I offer up Resolution 2741 for additional
11 sponsors.
12 ACTING PRESIDENT FARLEY: That
13 was already adopted. It's Music in Our Schools
14 Month. It is open to anyone who wants to get on
15 the resolution. Please notify the desk.
16 Everyone, Senator Present?
17 SENATOR PRESENT: Mr. President.
18 When we offer up co-sponsorships of the
19 resolutions, why don't we include everybody
20 except those who don't want to be. Do it in
21 reverse. Make it a lot easier.
22 ACTING PRESIDENT FARLEY: The
23 resolution will be co-sponsored by everyone
862
1 unless you object.
2 SENATOR PRESENT: Mr. President.
3 Can we take up the noncontroversial calendar,
4 please.
5 ACTING PRESIDENT FARLEY:
6 Noncontroversial. The Secretary will read.
7 It's on page 5, I believe.
8 THE SECRETARY: On page 5,
9 Calendar Number 71, by Senator Spano, Senate
10 Bill Number 4943A, an act to amend the Public
11 Health Law, in relation to the appointment of
12 health care agents.
13 ACTING PRESIDENT FARLEY: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT FARLEY: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 50.
21 ACTING PRESIDENT FARLEY: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
863
1 88, by Senator Levy, Senate Bill Number 191.
2 SENATOR GOLD: Lay it aside.
3 ACTING PRESIDENT FARLEY: Lay
4 that bill aside.
5 THE SECRETARY: Calendar Number
6 93, by Senator Bruno, Senate Bill Number 3945A,
7 an act to amend the Vehicle and Traffic Law, in
8 relation to authorizing the appointment of
9 individuals to control traffic upon driveways.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 50.
18 ACTING PRESIDENT FARLEY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 111, substituted earlier today, by Member of the
22 Assembly Harenberg, Assembly Bill Number 9317,
23 an act to amend Chapter 208 of the Laws of 1992,
864
1 relating to establishing the Alzheimer's Disease
2 Task Force.
3 ACTING PRESIDENT FARLEY: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT FARLEY: Call
8 the roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 50.
11 ACTING PRESIDENT FARLEY: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 154, by Senator LaValle, Senate Bill Number
15 3970A, Education Law, in relation to membership
16 of the Board of Regents.
17 SENATOR GOLD: Lay it aside.
18 ACTING PRESIDENT FARLEY: Lay
19 that bill aside.
20 THE SECRETARY: Calendar Number
21 166, by Senator Levy, Senate Bill Number 4801A,
22 an act to amend the Vehicle and Traffic Law, in
23 relation to false statements.
865
1 ACTING PRESIDENT FARLEY: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT FARLEY: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 50.
9 ACTING PRESIDENT FARLEY: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 195, by Senator Johnson, Senate Bill Number
13 3367A.
14 SENATOR JOHNSON: Lay it aside
15 for the day.
16 ACTING PRESIDENT FARLEY: Lay
17 that bill aside for the day.
18 THE SECRETARY: Calendar Number
19 211, by Senator Velella, Senate Bill Number
20 5518B, an act to amend the Insurance Law, in
21 relation to separate accounts.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
866
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FARLEY: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 50.
7 ACTING PRESIDENT FARLEY: The
8 bill is passed.
9 Senator Present, that's the first
10 time through.
11 SENATOR PRESENT: Controversial
12 calendar, please.
13 ACTING PRESIDENT FARLEY:
14 Controversial. The Secretary will read on page
15 5.
16 THE SECRETARY: On page 5,
17 Calendar Number 88, by Senator Levy.
18 SENATOR GOLD: Explanation.
19 SENATOR PRESENT: Lay it aside.
20 ACTING PRESIDENT FARLEY: Lay
21 that bill aside.
22 THE SECRETARY: Calendar number
23 154, by Senator LaValle, Senate Bill Number
867
1 3970A, Education Law, in relation to membership
2 on the Board of Regents.
3 SENATOR LAVALLE: Star that bill,
4 please.
5 ACTING PRESIDENT FARLEY: Star
6 the bill at the request of the sponsor.
7 Senator Present, that's it.
8 Senator Present.
9 SENATOR PRESENT: Any
10 housekeeping?
11 ACTING PRESIDENT FARLEY: Any
12 motions? Any housekeeping on the floor?
13 (There was no response.)
14 Seeing none, Senator Present.
15 SENATOR PRESENT: Mr. President.
16 On behalf of Senator Levy, I would like to
17 announce an immediate conference of the Majority
18 in Room 332.
19 ACTING PRESIDENT FARLEY: There
20 will be an immediate conference of the Majority
21 in Room 332.
22 SENATOR PRESENT: Mr. President.
23 Having said that, there being no further
868
1 business, I move we adjourn until tomorrow at
2 11:00 p.m. -- a.m.
3 ACTING PRESIDENT FARLEY: The
4 Senate will stand adjourned until tomorrow at
5 11:00 a.m.
6 (Whereupon, at 3:58 p.m., Senate
7 adjourned.)
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