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