Regular Session - May 9, 2000
3139
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 9, 2000
3:10 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
3140
P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us today to
give the invocation is the Reverend Claude A.
Knight, from Vanderbilt Avenue Moravian
Church, in Staten Island.
REVEREND KNIGHT: Let us pray.
O God, in whom we live and move and
have our being, we thank You for these United
States of America, a land that so many of us
call our home. We are grateful for the daily
freedoms that we experience -- the freedom of
movement, of free speech, the freedom to
practice our religion without fear. We
remember our forefathers who wrote the
Constitution by which we are governed.
We acknowledge, Dear Lord, that we
have inherited a freedom for which we did not
give our lives, and that today we are rich in
3141
liberty because others before us have formed a
government of the people, by the people, and
for the people.
And now as Your servants, our
Senators, gather to exercise the duties for
which they were duly elected, we pray that You
will give to each of them wisdom and courage
so that they will serve with integrity and
with honesty, and enable them to interpret and
enact laws that will seem fair and just for
all of us within this state.
May a spirit of tolerance, of
mutual respect and peace, abide within these
walls.
These mercies we ask in the name of
Him who is all wise, all powerful, and yet all
merciful.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, May 8th, the Senate met pursuant to
adjournment. The Journal of Friday, May 5th,
was read and approved. On motion, Senate
adjourned.
3142
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Senator Bruno.
SENATOR BRUNO: Madam President,
can I ask for an immediate meeting of the
Finance Committee in Room 332.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
Room 332.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Bonacic,
please remove the sponsor star on Calendar
Number 157.
THE PRESIDENT: So ordered.
3143
SENATOR FARLEY: Thank you.
On behalf of Senator Goodman, Madam
President, at page 43 I offer the following
amendments to Calendar 814, Senate Print 662,
and I ask that that bill retain its place on
the Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time adopt the Resolution
Calendar, with the exception of Resolution
4015, Resolution 4016, of 4038 and 4086.
THE PRESIDENT: All in favor of
accepting the Resolution Calendar with the
exception of Resolutions 4015, 4016, 4038, and
4086, signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
3144
can we at this time take up Resolution 4086 -
I'm sorry, 4038, by Senator Maziarz, ask that
it be read in its entirety, and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Maziarz, Legislative Resolution Number 4038,
memorializing Governor George E. Pataki to
proclaim May 2000 as "Senior Citizen Month" in
New York State as well as May 9, 2000, as
"Senior Citizen Day" in the State of New York.
THE PRESIDENT: The question is
on the -- the Secretary will continue to read.
THE SECRETARY: "WHEREAS, The
more than 3 million residents of New York
State 60 years of age and older are vital,
integral and contributing members of our
society; and
"WHEREAS, The more than 3 million
senior citizens residing in the State of New
York have contributed to the commonwealth of
the State by building and helping preserve the
customs, traditions and ideals of the many
ethnic groups that make up the mosaic of New
3145
York State; and
"WHEREAS, The wisdom and experience
of senior citizens constantly enrich the lives
of the young people of our State through a
strong tradition of volunteerism; and
"WHEREAS, Since 1962, the month of
May has been declared, by Presidential
proclamation, 'Older Americans Month,' in
order for communities around the nation to set
aside time to celebrate and reflect on the
unique role older Americans play in the fabric
of our society; and
"WHEREAS, The legislative and
executive branches of New York State
government have as a primary goal the
improvement of the quality of life of older
New Yorkers and the assurance of their
continued dignity; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to memorialize
Governor George E. Pataki to proclaim May 2000
as 'Senior Citizen Month' in New York State as
well as May 9, 2000, as 'Senior Citizen Day'
in the State of New York; and be it further
"RESOLVED, That all the residents
3146
of New York State are urged to honor all
senior citizens, who are a cornerstone of the
strength of our nation and to whom a debt of
gratitude is owed; and it be further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to the Honorable George E. Pataki, Governor of
the State of New York."
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we open the resolution for cosponsorship.
And any member in the chamber that would not
want to be on it, please notify the desk.
THE PRESIDENT: Any member who
does not wish to be included on the resolution
that was just passed, please notify the desk.
Senator Bruno.
3147
SENATOR BRUNO: Madam President,
can we at this time take up the privileged
resolution 4015, by Senator Marcellino, ask
that it be read in its entirety, and move for
its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Marcellino, Legislative Resolution Number
4015, honoring Frances D'Angelo upon the
occasion of her designation as recipient of
the 2000 "Outstanding Contribution by a Senior
Citizen" Award by the Nassau County Department
of Senior Citizen Affairs.
"WHEREAS, Senior citizens bring a
wealth of experience and knowledge to the
increasingly active roles they play in today's
society. Their past contributions and future
participation are a vital part of and valuable
asset to the fabric of community life and
activity; and
"WHEREAS, Attendant to such concern
and fully in accord with its longstanding
traditions, it is the intent of this
Legislative Body to honor Frances D'Angelo
3148
upon the occasion of her designation as
recipient of the 2000 'Outstanding
Contribution by a Senior Citizen' Award by the
Nassau County Department of Senior Citizen
Affairs; and
"WHEREAS, during her illustrious
career as an educator for 50 years, Frances
D'Angelo served in many roles, including
teacher, principal and supervising professor
of student teachers at St. John's University.
"A faithful community worker,
Frances D'Angelo is dedicated to making life
easier for those who are in need, and she has
enriched their lives with her love and
compassion.
"Frances D'Angelo's volunteer work
extends throughout the past 40 years. She is
absolutely and unequivocally the epitome of
volunteerism in action. At the local level,
she is a member of the Elks Lodge 1458, Ladies
Auxiliary; the Glen Cove Historical Society;
the Women's Club/Glen Cove and the League of
Volunteers for Elderly (LOVE). She also
cofounded the AARP Chapter 3407 and heads the
Glen Cove Scholarship Board; and
3149
"WHEREAS, At the county level
Frances D'Angelo is involved with the Lioness
Club Lodges of Nassau/Suffolk County, as well
as the Nassau County Federation of Women's
Clubs.
"In addition, Frances D'Angelo is
active in the Grand Lodge Order Sons of Italy,
the New York State Congress of Parents and
Teachers, the New York State Civil Defense
Commission, the National Foundation March of
Dimes and the Statue of Liberty Foundation.
"When Frances D'Angelo joins an
organization, she participates fully. She not
only joins a club, she takes a very active
role in ensuring that its goals are realized.
Through her perseverance, selflessness,
integrity and leadership, she has touched many
lives and has made an immeasurable difference.
"Throughout her impressive lifetime
and distinguished career, Frances D'Angelo, a
very active, energetic and industrious woman,
has inspired and enriched the lives of her
family, friends and colleagues through her
love and respect for others, and the wisdom
which comes from many years of experiencing
3150
life to its fullest; and
"WHEREAS, It is the sense of this
Legislative Body that those who enhance the
well-being and vitality of their community and
have shown a long and sustained commitment to
excellence certainly deserve to be recognized
and applauded by all the citizens of the great
State of New York; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor
Frances D'Angelo upon the occasion of her
designation as recipient of the 2000
'Outstanding Contribution by a Senior Citizen'
Award by the Nassau County Department of
Senior Citizen Affairs; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Frances D'Angelo."
THE PRESIDENT: Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President.
Just briefly, by way of
explanation, Madam President. Each year the
Senate Aging Committee and the Assembly Aging
Committee, ably chaired by my counterpart,
3151
Assemblywoman Barbara Clark, search the state
of New York through the various county Offices
of the Aging for nominations for Senior
Citizen of the Year and Outstanding
Contribution by a Senior Citizen.
I think this year we have a special
treat, in that our Senior Citizen of the Year
is actually two people, a husband and wife
team -- and our Outstanding Contribution by a
Senior Citizen, whose resolution was just
read.
I think that we have some excellent
examples who, even though they do a great deal
of good work, they are really only
representative of the 3.2 million senior
citizens that go out and volunteer and help
their fellow New Yorkers each and every day.
So for a little bit more detail on
our individual recipients, at this time, Madam
President, I'd like to yield to Senator
Marcellino.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President. I appreciate Senator
3152
Maziarz's yielding the floor to me.
And before I talk about our
recipient, I just would like to comment on the
rule that we have here in the chamber that we
do not acknowledge groups that are attending
from our districts, to maintain order and
discipline.
So on that basis, I will not today
acknowledge the group from South Woods Middle
School, Syosset, that is here with their
teacher, Claudine Locascio -- and that's Jared
Mogil, Jason Rosenfeld, and Eddie Grossmann.
And I certainly would not want to mention
their parents, Lauren Post, Joan Mogil, and
Elyse Rosenfeld. And I thank them for coming
and appreciating the fact that I cannot
acknowledge your presence.
To get back to the point of our
resolution and the point of our meeting here
today, and that's Mrs. D'Angelo. Frances is a
special person. She has worked hard. You
heard the resolution that was read. I think
the amount of effort that this person has put
in, that this woman has done in her community
working for senior citizens -- working for
3153
everyone in the community, not just senior
citizens but people of all ages. She's
tireless.
The only thing she hasn't done is
seek political office. And I'm beginning to
worry because there's a rumor around that she
might be looking for a New York State Senate
seat. I don't want to help the other side
over there. But you never know.
She would be a formidable
candidate. She's a tireless worker. Her
efforts for the people of her community and
the people that she loves, her family, goes
without question. She's a worker, she's
diligent, she does things, she's
well-respected within the community, she is
deserving of this particular award.
I cannot say enough about her. And
we could go on and on, and I won't do that,
because I don't want to embarrass her. Her
family would love it, but we'll give her a
printing. And we're going to have a reception
down in the district for her, and we'll do
more to recognize this very, very special
person.
3154
But I could not let this pass, this
opportunity to speak on behalf of this
individual who I am very, very proud to
represent in the New York State Senate.
Frances, God bless you, and stay
with us for many, many years to come. And
stay active.
Thank you, Madam President.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
(Applause.)
THE PRESIDENT: As the President
of the Senate, on behalf of the Senate, I
would also like to acknowledge Ms. D'Angelo,
as well as the Palmeris, who I was with this
morning.
I had the privilege of speaking
with you both and presenting to you the
Governor's proclamation in honor of each of
3155
you as well as Senior Citizen's Day here in
New York State and Senior Citizen's Month.
Congratulations, and may you thrive
and contribute well into the new millennium.
Thank you.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we ask for an immediate meeting of the
Water Resources Committee in Room 332.
THE PRESIDENT: There will be an
immediate meeting of the Water Resources
Committee in Room 332.
Senator Bruno.
SENATOR BRUNO: And, Madam
President, at this time can we take up the
privileged resolution at the desk, 4016, by
Senator Bonacic, ask that it be read in its
entirety, and move for its immediate adoption.
THE PRESIDENT: All right. The
Secretary will read.
THE SECRETARY: By Senator
Bonacic, Legislative Resolution Number 4016,
commending Salvatore and Angela Palmeri upon
the occasion of their designation as the
recipients of the 2000 "New York Senior
3156
Citizens of the Year" Award.
"WHEREAS, Senior citizens bring
their special wisdom, experience and
enthusiasm to countless endeavors, helping to
shape and strengthen the character of the
communities of the State of New York and the
quality of our lives; and
"WHEREAS, It is the sense of this
assembled body to recognize and honor the
senior citizens of New York State for their
diverse talents and generous service on behalf
of others; and
"WHEREAS, In conjunction with the
celebration of 'Senior Citizen Day' in New
York State on May 9, 2000, this assembled body
takes great pleasure in honoring Salvatore and
Angela Palmeri as the 2000 'Senior Citizens of
the Year.'
"Salvatore and Angela Palmeri will
be honored with the 2000 New York 'Senior
Citizens of the Year' Award on Monday, May 29,
2000, at a reception to be held at Twin Lakes
in Hurley, New York.
"The 'Senior Citizens of the Year'
Award recognizes senior citizens who have
3157
tirelessly advocated on behalf of seniors and
have assisted in providing needed support
services and activities which enhance the
lives of senior citizens; and
"WHEREAS, Salvatore and Angela
Palmeri of New Paltz, New York, truly
exemplify these qualities.
"Salvatore and Angela Palmeri moved
to New Paltz in 1981 when he retired from his
business in Forest Hills. They work
tirelessly as volunteers with St. Joseph's
Roman Catholic Church in New Paltz. They are
involved in many of the outreach programs,
which include the Christmas Fair, community
dinners, and bingo games; and
"WHEREAS, Salvatore and Angela
Palmeri help the Community Service Committee
fill shopping bags with various items that are
distributed to residents of five area nursing
and adult homes.
"Salvatore and Angela Palmeri help
at bingo once a month at the Hudson Valley
Home, Cabrini on the Hudson, Culinary Home,
Moran's, and Valley Vista, in addition to
their parish.
3158
"As members of AARP Chapter 975,
Salvatore and Angela Palmeri are involved in
55/Mature Driving Refresher Courses, 80 and
Over Luncheons, purchasing supplies, Ways and
Means Committee, and many other chores that
need doing; and
"WHEREAS, Angela Palmeri teaches in
the School of Religion at St. Joseph's. She
is the cook for one Community Dinner in June,
and during the Christmas holidays cooks dinner
for the young people at the Juvenile
Correction Facility.
"Salvatore Palmeri purchased a
computer and is learning to use it so they can
more accurately keep track of their many and
varied activities, which are too numerous to
mention.
"Salvatore and Angela Palmeri
coordinate a blood drive twice annually and
work with college students on their drive in
the fall.
"Salvatore and Angela Palmeri are
the proud parents of two children and two
grandchildren; and
"WHEREAS, Through all these
3159
endeavors Salvatore and Angela Palmeri have
demonstrated an unflagging commitment to the
improvement of the quality of life of our
state and nation's senior citizens and the
enhancement of human dignity; now, therefore,
be it
"RESOLVED, That this Legislative
Body pause in its deliberations to most
joyously recognize the significance of
Salvatore and Angela Palmeri's contributions
with its 2000 'Senior Citizens of the Year'
Award; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Mr. and Mrs. Salvatore Palmeri."
THE PRESIDENT: Senator Bonacic.
SENATOR BONACIC: Thank you,
Madam President.
THE PRESIDENT: You're welcome.
SENATOR BONACIC: It gives me a
great honor and it's a privilege to introduce
these renowned citizens to our Senate chamber.
Let me tell you a little bit about
them. Sal and Ann have been married 56 years.
They have two children. Their daughter,
3160
Kathleen, is up here in the gallery. And
their son, Joseph, is in Oregon and could not
be here today. They have two beautiful
grandchildren.
And I was looking over the litany
of the things they have given to this
community. And what is special about today is
that we usually pick one Citizen of the Year
for the State of New York. Here we have a
married couple doing it together and honoring
them both.
And in addition to working for the
church, the nursing homes, and running blood
drives and doing so many things, there's one
story I'd like to tell you about. The parish
priest of St. Joseph's asked this couple to
cook an Italian meal for 75 people. Well, 400
people showed up. They cooked 50 pounds of
ziti and I don't know how many meatballs, but
they did it in good taste and never batted an
eye.
I wonder where the energy comes
from when we get older and we're able to give
thousands of hours from our heart to our
community. And I figured it out with this
3161
couple here. They have such an abundant and
wonderful love that it spills over to the
community, and they give and they give and
they touch and enrich so many lives.
So we're here to pause to say thank
you for the things that you have done, and for
being such wonderful models, not only for
seniors but for all human beings.
I'm going to ask Sal and Ann to
stand up. And at this time they brought a
couple of people in the gallery that I just
would like to stand up and acknowledge them
all at the same time.
Their daughter, Katherine. Their
brother Dominic and his wife, Helen. We have
Catherine Puglisi, who is director of the
Ulster County Office for the Aging; Alice
Tipp, our Ulster County legislator; and Joe
Sells, from the Ulster County community.
We thank you all.
(Applause.)
THE PRESIDENT: On behalf of the
Senate, I would also like to acknowledge the
guest in the gallery as well as the Palmeris,
who I know of in having been one of your
3162
Supreme Court justices in your district. Your
recognition, your reputation for community
service certainly preceded your entrance in
the chambers today.
Congratulations. Particularly a
husband and wife team, extremely impressive.
Congratulations.
Senator Bruno.
SENATOR BRUNO: Madam President,
I would just like to, as we conclude
recognizing these outstanding people, I would
like to really answer Senator Bonacic when he
says where does the energy come from, where
does the vitality come from.
Well, Senator Bonacic and my
colleagues, let me tell you, people like this,
the energy comes from their heart, from their
minds, from all the good things that they
think about helping others. They don't think
about themselves. They think about helping
others.
And it's just a pleasure -- I met
them earlier today -- to just recognize them,
to see them, to be aware of how they live
their lives. And what we have to be aware of
3163
truly is that they give not just of their
energy, but their time. And time is something
that to all of us is very, very precious.
So to the three of you, to Fran and
to Angela and to Sal, I just wish you the very
best, and at least another 50 years of
dedicated service to your communities. It's a
pleasure having you with us.
(Applause.)
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up Resolution 4086,
by Senator Meier, ask that it be read in its
entirety, and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Meier,
3164
Legislative Resolution Number 4086, honoring
the members of the armed forces and federal
civilian employees who served the nation
during the Vietnam era.
"WHEREAS, The United States Armed
Forces conducted military operations in
Southeast Asia during the period known as the
Vietnam era, from February 28, 1961, until
May 7, 1975; and
"WHEREAS, During the Vietnam era
more than 3,403,000 American military
personnel served in the Republic of Vietnam
and elsewhere in Southeast Asia in support of
United States military operations in Vietnam,
while millions more provided for the nation's
defense in other parts of the world; and
"WHEREAS, During the Vietnam era
untold numbers of civilian personnel of the
United States government also served in
support of United States operations in
Southeast Asia and elsewhere in the world; and
"WHEREAS, May 7, 2000, marks the
25th anniversary of the closing of the period
known as the Vietnam era; and
"WHEREAS, May 7, 2000, would be an
3165
appropriate occasion to recognize and express
appreciation for the individuals who served
the nation in Southeast Asia and elsewhere in
the world during the Vietnam era; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor the
members of the Armed Forces and federal
civilian employees who served the nation
during the Vietnam era and the families of
those individuals who lost their lives or
remain unaccounted for or were injured during
that era in Southeast Asia or elsewhere in the
world in defense of United States national
security interests; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Joint Chiefs of Staff of the United
States Armed Forces."
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
Madam President, this resolution
commemorates the 25th anniversary of the end
of American involvement in the Republic of
3166
Vietnam. This conflict was quite different
from any war that this country had ever been
involved in before, because it stirred on the
home front such deep and passionate debate.
And indeed, people of goodwill and
honorable people can differ over the policy
that put the men and women of this country in
the Republic of Vietnam. And indeed, some
Vietnam veterans have different opinions about
that policy.
But this resolution is not about
policy or politics. It is about honoring the
men and women of this country who left their
homes to serve in the Republic of Vietnam. It
is about courage and devotion to country and
about devotion to one's friends and comrades,
for which Vietnam veterans to this day remain
known for, especially among all other
veterans.
It is about the obligation that we
as a country have, regardless of our political
differences, to stand behind those who serve
our country when they are committed and placed
in harm's way. And it is indeed about our
continuing obligation to never forget those
3167
who have served.
Madam President, I'm particularly
pleased that we are joined here today in the
gallery by John Rowan, the president of the
New York State Council of Vietnam Veterans.
John, if you would please rise.
John, we extend to you and to all
your comrades who served this country so
bravely and gallantly our thanks and,
belatedly, our welcome home. God bless.
Madam President, I'd like to open
the resolution to sponsorship, if I may.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
could we just add everyone's name to the
resolution unless they reach the desk and ask
not to.
THE PRESIDENT: Anyone who does
not want to be included on this resolution
should so notify the desk.
Senator Montgomery, why do you
rise?
SENATOR MONTGOMERY: Yes, Madam
President, I just rise to thank Senator Meier
for this resolution.
3168
I have a brother who served in
Vietnam, and I would be more than happy -
certainly I thank you for opening it up to
allow us to put our names on. And I would
love to have a copy of that resolution to
share with my brother, who is a Vietnam
veteran.
Thank you.
THE PRESIDENT: Senator Larkin.
SENATOR LARKIN: Thank you, Madam
President.
As one who served in the armed
forces during that period and one who made a
trip across the pond, I think it's really
important that Senator Meier's resolution be
given the credibility that he has done here
today.
Many of us who served both in
Vietnam and in the States during the Vietnam
era remember what we went through. Those of
us who served in the Pentagon in Washington
used to go to work in the morning in civilian
clothes because the administration did not
want a conflict between those in the armed
forces and those who were on the opposition to
3169
the war in Vietnam.
It was a disgrace, a total
disgrace, that we were ashamed to give honor
and support to those men and women who we, the
United States of America, sent to Vietnam.
I think it's very fitting that
there's two books that I would like to
recommend to anybody who wants to know about
the real story of Vietnam. One is called
Dereliction of Duty, written by then Major
McMasters, United States Military Academy
Class of '84, and another one by Lieutenant
General Green, United States Marine Corps.
General Green was a captain in 1965 -
November the 5th, to be exact, when the
President of the United States laughed at
those of us who were on a task force to
Vietnam and said that we didn't know what we
were doing.
The task force at that time
recommended a full-blown effort in Vietnam of
over 400,000 to 500,000 troops, because the
task force recognized what was ahead of us was
not a little skirmish but it was a major
conflict that would take a heavy toll on the
3170
American troops. It proved to be true.
58,000 Americans were killed in Vietnam.
And I personally believe that if
this country got behind the men and women of
the armed forces that we sent to Vietnam,
there would be less casualties and a peaceful
settlement a long time before.
To those of you in the gallery from
the Vietnam Association, I proudly salute you.
And thank God you're back with us.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, there will be an immediate meeting
of the Consumer Protection Committee in the
Majority Conference Room, Room 332.
THE PRESIDENT: There will be an
immediate meeting of the Consumer Protection
3171
Committee in the Majority Conference Room,
Room 332.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, there is a privileged resolution at
the desk by Senator Montgomery. May we have
the title read and move for its adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Montgomery, Legislative Resolution Number
4021, commemorating the 100th anniversary of
Newman Memorial United Methodist Church of
Brooklyn, New York.
THE PRESIDENT: On the
resolution, all in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, may we now have the reading of the
3172
noncontroversial calendar.
THE PRESIDENT: Senator
Marcellino, we have substitutions at the desk.
SENATOR MARCELLINO: Madam
President, please make the substitutions.
THE PRESIDENT: Thank you,
Senator.
The Secretary will read.
THE SECRETARY: On page 5,
Senator DeFrancisco moves to discharge, from
the Committee on Civil Service and Pensions,
Assembly Bill Number 1937A and substitute it
for the identical Senate Bill Number 2574A,
First Report Calendar 905.
On page 6, Senator Farley moves to
discharge, from the Committee on Civil Service
and Pensions, Assembly Bill Number 9525 and
substitute it for the identical Senate Bill
Number 6334, First Report Calendar 914.
On page 7, Senator Marchi moves to
discharge, from the Committee on Agriculture,
Assembly Bill Number 3703 and substitute it
for the identical Senate Bill Number 2151,
First Report Calendar 925.
And on page 9, Senator Bonacic
3173
moves to discharge, from the Committee on
Local Government, Assembly Bill Number 6404A
and substitute it for the identical Senate
Bill Number 3793A, First Report Calendar 943.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Marcellino.
SENATOR MARCELLINO: May we now
have the reading of the noncontroversial
calendar, Mr. President.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
473, by Senator Trunzo, Senate Print 4413, an
act to amend the Public Authorities Law and
Chapter 774 of the Laws of 1950.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 13. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
3174
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
501, by Senator Meier, Senate Print 1910A, an
act to amend the General Construction Law and
others, in relation to service in the armed
forces.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 14. This
act shall take effect January 1, 2001.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
616, by Senator Farley, Senate Print 6934, an
act to amend the Education Law, in relation to
the authority of the Commissioner of
Education.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
3175
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
639, by Senator Nozzolio, Senate Print 6445B,
an act to amend the Highway Law, in relation
to naming the POW-MIA Bridge in the Town of
Lyons, County of Wayne.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
642, by Senator Volker, Senate Print 393, an
act to amend the Penal Law, in relation to
3176
consecutive terms of imprisonment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
660, by Senator Meier, Senate Print 1480B, an
act to amend the Executive Law and the Social
Services Law, in relation to making reports.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect January 1, 2001.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
672, by Senator Volker, Senate Print 6510, an
act to amend the General Municipal Law, in
3177
relation to capital reserve funds.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
704, by Senator Balboni, Senate Print 6853, an
act to authorize the assessor of the County of
Nassau to accept an application.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
3178
President, just to explain my vote on this
bill.
I'm going to vote against this bill
and the two that succeed it. Here we are
again acting like this super tax
assessment/tax abatement board for New York
State. Again, we have Nassau County ringing
in twice.
And I think the disease of allowing
the State Senate to act as this super board of
assessment review has now swept into
Westchester and the Bronx, because Senator
Velella has such a bill.
Let's put an end to this practice.
Let's pass Senator Hannon's bill, which would
allow the partial tax exemptions in instances
in which the purchaser of the property, which
is on the tax rolls as a tax property, buys it
midway through the tax year, let's allow them
to get a partial abatement. I believe this
has gone through Local Government.
I would suggest only one other
thing for Senator Hannon's bill that might
take care of the assessors and the municipal
officials who don't like the bill: put a
3179
both-ways clause in that says if the property
is tax-exempt and is bought by a taxpaying
entity midway through the year, the government
could then put taxable status on the property.
And in those instances in which
not-for-profit corporations or churches or
other types of charitable institutions sell
real property to profit-making entities, they
could then put it on the tax rolls effective
the date of transfer and grant a partial
taxable status for the date of purchase until
the end of the taxable year.
Put in a both-ways provision. It
will solve all these problems and get us out
of this very uncomfortable and unfortunately
political position of acting like a super
board of assessment review. We don't belong
there. We give that power to local
government.
I would suggest, do the bill that
Senator Hannon has proposed, get it through
Local Government, bring it to the floor, pass
it and make it law. It's the right thing to
do.
Until we do that, I'm going to
3180
continue to vote no, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the negative.
Announce the results.
THE SECRETARY: Ayes, 55. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
708, by Senator Velella, Senate Print 7053, an
act authorizing the City of New Rochelle to
accept an application.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
3181
THE SECRETARY: Calendar Number
710, by Senator Skelos, Senate Print 7215, an
act authorizing the assessor of the County of
Nassau to accept an application.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
733, by Senator DeFrancisco, Senate Print
4239, an act to amend Chapter 679 of the Laws
of 1992 authorizing the Commissioner of
General Services.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
3182
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
752, by Senator Seward, Senate Print 7390, an
act to amend the Insurance Law, in relation to
extending certain provisions.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect July 1.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
791, by Senator Skelos, Senate Print 7745, an
act authorizing the County of Nassau to accept
an application.
3183
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
807, by Senator Trunzo, Senate Print 6429, an
act to amend the Real Property Tax Law, in
regulation to coordinate income eligibility
standards.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
3184
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
848, by Senator Nozzolio, Senate Print -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Marcellino, that completes
the reading of the noncontroversial calendar.
SENATOR MARCELLINO: Mr.
President, may we have the reading of the
controversial calendar, in the regular order.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
642, by Senator Volker, Senate Print 393, an
act to amend the Penal Law, in relation to
consecutive terms of imprisonment.
SENATOR MARCELLINO: Lay the bill
aside temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
The Secretary will continue to read
in regular order.
3185
THE SECRETARY: Calendar Number
848, by Senator Nozzolio, Senate Print 3910,
an act to amend the Correction Law, in
relation to conforming civil immunity
protection.
SENATOR PATERSON: Explanation.
SENATOR MARCELLINO: Just hold
for one second. Recess for a moment.
ACTING PRESIDENT MEIER: The
Senate will stand at ease temporarily.
Whatever.
Senator Paterson, was it you who
requested an explanation?
SENATOR PATERSON: Yes, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Nozzolio, an explanation has been requested of
Calendar 848 by Senator Paterson.
SENATOR NOZZOLIO: Thank you, Mr.
President. I'd be glad to explain the bill to
Senator Paterson.
S3910 amends the Correction Law to
conform civil immunity protections for
officers or employees of the Office of Mental
Health with the protections afforded others
3186
who serve in similar capacities in
correctional facilities operated by the
Department of Correctional Services.
It ensures that employees of the
office of OMH who work in prison mental health
units receive the same type of immunity from
civil damage actions as all other state
employees who work in state prisons.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President. If Senator Nozzolio would yield
for a question.
ACTING PRESIDENT MEIER: Senator
Nozzolio, do you yield for a question?
SENATOR NOZZOLIO: I'd be happy
to yield to Senator Paterson.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: I'm trying to
get an idea, Mr. President, of what the
gravity of the situation is, and I wondered if
Senator Nozzolio had any statistics or any
information that would lead me to understand
how many of these claims are being made
3187
against OMH workers at present.
SENATOR NOZZOLIO: Mr. President,
in response to Senator Paterson's question
regarding certain tidbits, I don't know if by
certain tidbits Senator Paterson is suggesting
that we have certain anecdotes. I don't have
any anecdotes to share, although I do believe
that those OMH employees who work in satellite
units within DOCS who are doing the same type
of work as correctional employees are no less
susceptible to the day-in-and-day-out
challenges that all correctional employees
face.
These employees, whether they are
paid for as DOCS employees, Division of
Correctional Services employees, or OMH
employees, Department of Mental Health
employees, they are still having close daily
contact with inmates and are just as likely to
be sued as DOCS employees.
However, the law as it's currently
written does not protect them from these types
of actions. So what's right is right, what's
fair is fair. Protections afforded one group
of state employees certainly in the same,
3188
similar circumstances should be afforded all
state employees.
SENATOR PATERSON: Thank you,
Senator.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: I just -
maybe if I just make the question a little
more straightforward.
I just wanted to know have there
been a considerable number of claims that
prompted this legislation, or was it what
Senator Nozzolio just said, the element of
what would be perceived to be fairness to the
OMH workers who may not be employees of the
state but are acting in the same fashion that
Senator Nozzolio would perceive DOCS workers
would be acting in.
SENATOR NOZZOLIO: Mr. President,
again in response to Senator Paterson's
question, Senator Paterson, I think that
certainly the Department of OMH realizes that
they are putting their own employees in a
situations that is precarious. That they
certainly are, in doing, in performing the
3189
same functions that DOCS employees are
providing, they are providing mental health
services in the prison. That we are seeing a
shift of responsibility for such services to
the Office of Mental Health. That the
correctional employees are protected in their
personal capacities by the Correction Law as
it's currently written.
Parole officers, who are also
stationed in DOCS facilities, have the same
protection from personal liabilities as do
DOCS employees.
What we're seeing is simply an
extension of civil liability limitations to
OMH employees working in prisons that we're
not -- this bill in no way intends to prevent
inmates from pursuing legitimate claims, but
damage claims that inmates have still can be
pursued in the Court of Claims.
We're just saying we don't want
these employees sued personally. And frankly,
I think that you would want the same type of
fairness, equity and protection.
SENATOR PATERSON: Thank you, Mr.
President.
3190
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: If Senator
Nozzolio would continue to yield.
ACTING PRESIDENT MEIER: Senator,
do you continue to yield?
SENATOR NOZZOLIO: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Mr. President,
I think the Senator makes a very good point.
And that is whatever the standard
is that we have now, might it not be more fair
to extend it to other employees who, as I said
before, may not actually work for the state
but are in a sense performing the same
function. And as Senator Nozzolio points out,
it would appear that what's fair is fair.
So what I want to ask Senator
Nozzolio is just about the whole standard of
presumption whereby if a person is injured,
even if they are a convicted felon serving
time in one of our state penitentiaries, they
have an option, particularly if there's a
3191
perceived violation of constitutional rights,
to go to federal court or to go to state
court.
And that presumptive doctrine is
one that holds very highly in our courts. So
even though it does not relate specifically to
this legislation, because Senator Nozzolio can
get up and point out very fervently that we
already have it for DOCS workers, so it is
really the same test.
But I just want to ask Senator
Nozzolio if that does not in many ways
diminish our whole presumption standard as it
applies to federal and state courts.
SENATOR NOZZOLIO: Mr. President,
in response to Senator Paterson's insightful
question, absolutely not.
That federal causes of action
against or providing for personal litigation
in the personal capacity of an employee's work
is not precluded in current law. An inmate
would be able to sue an OMH employee under
this statute in their personal capacities in
federal court on federal causes of action.
That they could do that currently with DOCS
3192
employees and other employees of federal
causes of action are not impacted by this
legislation.
What we're trying to do, though, is
ensure that state employees are not subjected
in state court to actions arising out of the
course of their employment.
SENATOR PATERSON: Thank you.
Mr. President, I think Senator Nozzolio has
covered the presumption argument. If he would
just yield to a different line of questioning.
ACTING PRESIDENT MEIER: Senator,
do you continue to yield?
SENATOR NOZZOLIO: Of course I
continue to yield to Senator Paterson.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Thank you.
Senator, what would you assess as
the protections, if not the restrictions, of
the ability of what would be, we would agree,
few but still instances in which a percentage
of corrections officers might use excessive
force, might engage in certain brutality
against inmates, if not the fear of personal
3193
liability through civil action?
What would be the motivation to
make sure that we are not actually saying to
either OMH workers or anyone else that they
have the right to treat inmates -- even though
they've been convicted of crimes and probably
left a trail of heartbreak behind them in
committing those crimes, the fact is that they
are entitled not to be brutalized in our
penitentiaries. How do we prevent or in a
sense send a message that we don't tolerate
that kind of behavior?
SENATOR NOZZOLIO: Senator
Paterson, I certainly know that you, in asking
that question, did not mean to insult the
28,000 correction officers who work in our
correctional facilities. I don't think you
meant to disparage their code of conduct,
their course of action within the regulatory
and ethical standards of which they are
employed. I don't think in any way you meant
to insult them.
But, frankly, I think the question
is insulting. That it is insulting to those
brave men and women who work in our
3194
correctional facilities, who do such good work
under the most stressful conditions.
That, frankly, there are, as I
indicated, a myriad of regulatory and other
disciplinary procedures that are in place
today that impede any wayward conduct, if it
does exist. And I daresay if it does exist,
it exists very rarely. But if that conduct
does exist, there are departmental -- a myriad
of departmental reviews.
Also, Senator, as I indicated in my
answer to you in my past response, that there
is nothing -- let's say a wayward employee did
so break such rules. Certainly that inmate
would have a long course of redress within the
federal -- or extensive, I shouldn't say
long -- an extensive course of redress within
the federal court system.
That exists today. It exists for
DOCS employees who have this protection.
We're basically saying that we're providing a
personal protection in state court for those
people who do such good work under such
stressful conditions within our correctional
facilities.
3195
ACTING PRESIDENT MORAHAN:
Senator Paterson.
SENATOR PATERSON: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT MORAHAN:
Senator Paterson, on the bill.
SENATOR PATERSON: Mr. President,
I know that Senator Nozzolio did not intend
any of the Office of Mental Health workers or
the state corrections officers -- I don't
think he meant to insult them.
In fact, he not only did not mean
to insult them, but he is well aware that I
didn't mean to insult them, and that's why he
repeated what I said. I said that the cases
happen very rarely. And he, on the record,
said the cases happen very rarely. So neither
one of us were trying to insult the 28,000
workers.
What we were talking about were
what Senator Nozzolio termed the wayward
employees, few though they may be. That's
what civil liability is intended to restrict,
those instances where though they may be very
few workers, and it may be very few
3196
individuals, maybe even a lower percentage of
the individuals of society who engage in
criminality -- but nonetheless, if we just
took for granted that there never is any such
violation, we wouldn't even have to make any
of these laws. We wouldn't even have to
review conduct.
But we know that there have been
instances where this happened. And we don't
mean to impugn the overwhelming majority of
workers who exercise great care and great
discretion in discharging their duties. But
to associate the condemnation of the wayward
employees, few though they may be, is in a way
insulting to the actual majority, because the
majority would never engage in that kind of
conduct and would probably condemn it just as
much as I do.
So the point that I was trying to
make was that we have to have some definitive
way to send a message to the rogue DOCS
workers, rogue elected officials, rogue
bankers, schoolteachers and anybody else who
exists in our society who does not conform to
our rules and our principles.
3197
And the most classic, the most
understood way to do it is through civil
liability. That if you violate the rights of
others, even though you march into court and
the public will be on your side because you
know good and well these are people who
committed crimes and no one has any real
sympathy for them, the fact is that you will
not get any sympathy from this court because,
if it can be proven beyond a reasonable
doubt -- or in the case of a civil case, by a
preponderance of the evidence -- that you
engaged in those kinds of acts, you are going
to pay for it. It's a wrongful act.
And so this is the reason that I do
have a difficulty with the law as it stands
now, and even the proposed expansion of it to
include those who are not even employees of
the state. And this is the reason that I
would encourage a no vote on this bill.
Other than to say that Senator
Nozzolio is right when he points out that if
we're going to have workers doing the same
jobs, they should have the same protections.
ACTING PRESIDENT MORAHAN: Thank
3198
you, Senator Paterson.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 848 are
Senators Connor, Dollinger, Duane, Gonzalez,
Markowitz, Montgomery, Onorato, Paterson,
Rosado, Schneiderman, A. Smith, M. Smith, and
Stavisky. Ayes, 44. Nays, 13.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Velella.
SENATOR VELELLA: Mr. President,
there will be an immediate meeting of the
Insurance Committee in Room 332, the Majority
Conference Room.
ACTING PRESIDENT MORAHAN: There
will be an immediate meeting of the Insurance
Committee in the Majority Conference Room,
Room 332.
The Secretary will read.
3199
THE SECRETARY: Calendar Number
642, by Senator Volker, Senate Print 393, an
act to amend the Penal Law, in relation to
consecutive terms of imprisonment.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Velella, that completes the
reading of the controversial calendar.
SENATOR VELELLA: Mr. President,
is there any housekeeping at the desk?
THE PRESIDENT: No housekeeping,
Senator.
SENATOR VELELLA: Mr. President,
can we stand at ease for a few moments.
3200
ACTING PRESIDENT MORAHAN: The
house will stand at ease.
(Whereupon, the Senate stood at
ease at 4:05 p.m.)
SENATOR VELELLA: For the
convenience of the members, so they can plan
their day accordingly, at 4:30 there will be a
meeting of the Health Committee in the
Majority Conference Room. 4:30.
ACTING PRESIDENT MORAHAN: At
4:30 there will be a meeting of the Health
Committee in the Majority Conference Room,
Room 332.
(Whereupon, the Senate reconvened
at 4:14 p.m.)
ACTING PRESIDENT MORAHAN: The
Senate will come to order.
Senator Bruno.
SENATOR BRUNO: Mr. President, I
have a privileged resolution at the desk. I
would ask that it be read in its entirety and
move for its immediate adoption.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: By Senator Bruno,
3201
Legislative Resolution Number 4056, mourning
the death of His Eminence John O'Connor,
Archbishop of the Roman Catholic Diocese of
New York.
"WHEREAS, It is with profound
sorrow and deepest regret that this
Legislative Body, representing the people of
the State of New York, is moved to mourn the
death of a man of singular distinction and
extraordinary accomplishment; and
"WHEREAS, The purposeful life of
John Cardinal O'Connor, an eminent man of
indomitable faith, spirit and perseverance,
will forever be an inspiration to others; and
"WHEREAS, One of the most pious
religious leaders in the United States, a
truly faithful shepherd of the Roman Catholic
Church, John Cardinal O'Connor, the oldest
active Roman Catholic bishop in the United
States, passed away on Wednesday, May 3, 2000,
at the age of 80; and
"WHEREAS, born in Philadelphia on
January 15, 1920, Cardinal O'Connor attended
public schools until he was a high school
junior. Then, under the Christian Brothers of
3202
Philadelphia's West Catholic High, he was
inspired to take up a religious life.
"Cardinal O'Connor entered St.
Charles Borromeo Seminary at the age of 16 and
was ordained in 1945. He began his religious
career in his native city, teaching and doing
parish work.
"From 1952 to 1979, he served as a
chaplain with the Navy and Marine Corps,
rising to the rank of rear admiral and the
position of chief of chaplains for the Navy;
and
"WHEREAS, In 1979 the Pope ordained
Cardinal O'Connor bishop for the United States
Armed Forces, and he was assigned to the
military vicarate under Cardinal Terence Cooke
of New York; and
"WHEREAS, In May 1983, he was
appointed bishop of Scranton, Pennsylvania.
He held that post less than a year before
being chosen to succeed Cardinal Cooke as New
York archbishop and spiritual leader of 2.4
million Catholics in the New York Archdiocese.
He was elevated to Cardinal in May 1985; and
"WHEREAS, Cardinal O'Connor was the
3203
host of his own television program, wrote a
weekly column in the Archdiocesan newspaper,
and conducted an on-line chat in 1995 in which
he answered questions on subjects ranging from
his view on abortion to his favorite author.
"In recognition of a lifetime of
service and accomplishments, the United States
Congress awarded Cardinal O'Connor the
country's highest civilian honor, the
Congressional Gold Medal.
"A familiar figure to devout
Catholics as well as other New Yorkers,
Cardinal O'Connor reached out to many
communities and was instrumental in the
Vatican's recognition of Israel; and
"WHEREAS, An extremely religious,
patriotic American who served his country with
pride and his God with great care and concern,
Cardinal O'Connor was man of remarkable faith
and spirit who inspired people of all
religions with his message of hope, compassion
and love; and
"WHEREAS, From his first
Philadelphia parish to soldiers on the
battlefield, from the carnage of Bosnia to the
3204
tragedy of AIDS, Cardinal O'Connor served as a
courageous and eloquent spokesperson for the
teachings and traditions of the church, which
he communicated with integrity and sincerity;
and
"WHEREAS, John Cardinal O'Connor is
survived by two sisters, Dorothy Hamilton and
Mary Theresa Ward, and a brother, Thomas J.
O'Connor; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to pay tribute
to the memory of John Cardinal O'Connor,
memorializing his life and accomplishments for
the edification and emulation of all; and be
it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the family of John Cardinal O'Connor and
the Archdiocese of New York."
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President.
You know, as you listen to the
resolution that's been read -- and it takes
just a few minutes to read a lifetime of
3205
service by John Cardinal O'Connor. And as you
just reflect, you just can't help but think
about the world as we know it and you wonder
how you continue to carry on the good things
that the Cardinal worked for and stood for.
You know, when I met him -- and I
had the privilege within the last couple of
years of having lunch with he and some of the
others -- he was one of the most impressive
individuals that I've ever spent any time
with. I mean, his intellect, his wit, his
sincerity, it was just as compelling as it
could be.
And when you thought about a man
like that, you just had the feeling that he
could have been anything that he wanted to be.
And what he wanted to be was to spend his life
committed to others. In the service -- and
you talk about a career, having had a career
to be proud of in the service, a ministry
there as chaplain, and then to go on from
there.
And when I was visiting with him,
he indicated -- because I said, "How do you
get to be a cardinal?" And he said it was the
3206
most unlikely thing on his mind. That when he
was really through with the service and he was
in a diocese, that he literally thought that
he was going to kind of take it easy. And he
got called to accept the responsibility as
cardinal. And he said it happened almost just
like that.
And he just dedicated himself
really to those that had the least. The
sickest people, people with AIDS, that he
would take up their cause. The poorest people
that anyone could relate to. People that
immigrated over that really didn't have many
people to turn to.
He was just a good person, wanting
to improve the life of so many others. And
when you think about him and his memory, you
just think in terms of all of his presence and
all of the good things that he did.
And I guess there's some
consolation in recognizing that those things
go on. The things he stood for, that he
worked for, they just go on.
He's gone on now to his reward and
has now approached what may be retirement.
3207
But I have a feeling that he'll be up there
doing a lot of things to make sure that
everything that happens up there is as
effective as it can be.
But you just couldn't help, in
coming away from spending time with him, in
just feeling that you were in the presence of
somebody that was truly a great individual.
As I was just listening for a couple of
minutes to the history of sort of his life, I
think all of us can be proud that he was the
Archbishop here in New York and of his life
and of the legacy that he leaves all of us
here being from New York.
And I remember as I was leaving
that luncheon, I made the comment -- he was
going to Italy every month, meeting with the
Pope, talking with the Pope every month. And
I said I had never been to Italy. And he
said, "I am going to take you. You are going
to go to Italy, and you're going to have an
opportunity to meet the Pope."
And through no fault of his, but
all of mine -- because a flight of seven or
eight or nine hours wasn't anything that I was
3208
looking to, so it never happened. But he was
sincere when he said, "You just call and let
me know, and that will happen."
And that's the kind of man he was,
just reaching out all the time, just doing
things for people. So we can all be proud
that he was here in New York and that we knew
of him and all the good things that he leaves
with us.
Thank you, Madam President.
THE PRESIDENT: Senator Goodman.
SENATOR GOODMAN: Madam
President, with the loss of Cardinal O'Connor
I think a number of us who worked with him and
knew him feel a deep sense of personal loss.
This was an extraordinary man, possibly the
closest thing to a saint that I shall ever
have the privilege of knowing.
I would like to reflect just very
briefly upon a few interactions I had with His
Eminence, and I think that will convey the
extraordinary breadth of his humanitarian
instincts and his concern for his fellow men.
Let it be noted that it was
well-known to him that I was one of those who
3209
led the initial debate in this chamber for the
abortion reform law. Despite his deep and
total commitment to life, he was nonetheless
prepared to have a dialogue on issues that
were unrelated to that. And I think that
reflects his extraordinary capacity to embrace
others who might have disagreed with him in
one arena while seeking to work with them in
another arena.
Let me just mention a few things
that might be of interest in this chamber.
First of all, Madam President, the first
occasion I ever visited the Cardinal at his
residence related to a school reform matter in
which he had a deep interest. We discussed
the concept of pedagogy, and I saluted the
extraordinary proficiency of pedagogy as it's
practiced in the parochial schools.
There are few places in which
education is delivered with greater
effectiveness and greater economy at the same
time than in the Catholic parochial schools of
New York City. And we were interested in
seeing if there were not some experimental
methods in which those teaching techniques
3210
could be expanded to be available to others
beyond the Catholic instructional area.
Beyond that, we once had a very
interesting discussion concerning the matter
of AIDS and the treatment of AIDS patients.
And as is probably known, the Catholic Church
runs probably the best hospice system for AIDS
victims that exists. For those of you who may
have been within the ambit of any of these
facilities, you will note the extraordinary
degree to which the AIDS patient is comforted
in his or her final days. It's an inspiration
in terms of the way in which care can be
delivered.
Also, the Cancer Care Hospital,
which is made available through the Catholic
Charities in New York, is one of the great
cancer care institutions of the nation and is
certainly an example to be followed by those
of us who care deeply for the terminal
patients who have problems in this arena.
I'd like to mention that not long
ago, at a Friendly Sons of St. Patrick's
dinner, when I saluted the Cardinal -- and
incidentally, I always called him "Admiral,"
3211
because as a former admiral's aide myself in
the Navy, I had immense respect for his
stature as a real admiral, which is a rarity,
to have a clergyman rise to that rank.
He was, of course, the principal
clerical admiral in the Navy, a very unique
distinction indeed. And his eyes would always
twinkle when I called him "Admiral" and
saluted him.
But I did see him on the dais of
the Friendly Sons of St. Patrick's dinner. At
that point, he said "Would you come to my
office next week? I'd like to speak with you
concerning a matter of mutual interest."
I went to see him. And I've
already mentioned in this chamber during the
course of an earlier debate his concern with
the so-called bias crime bill. It was the
Cardinal's conviction that the time had come
for the church to give every possible
consideration to the passage of that type of
legislation.
And together we determined what
might be a useful strategy in bringing other
members of the church -- principally the
3212
bishops -- into alignment with that thinking.
The strategy was carried into last
summer, and it was his suggestion that there
be a meeting, a convocation of the bishops to
consider this question. And during that
convocation it was his thought that he should
invite myself and possibly one or two other
legislators to explain the nature of this
bill.
Unfortunately, at that point he was
struck with the terminal cancer which finally
took him from us. We were never able to
consummate that. But I thought that his deep
concern for this issue was inspirational and
deeply humanitarian.
Finally, Madam President, may I
observe that on one occasion a dear friend of
mine was severely hurt in an automobile
accident. He happened to be the son of one of
our Republican county chairmen resident in
Westchester. He lay in a coma, the young man
did, and Cardinal O'Connor ventured up to
Westchester for the sole purpose of praying at
the bedside of this stricken young man and
bringing consolation to his family.
3213
Beyond that, let me just say his
sense of humor was all-encompassing. I
remember at his convocation in St. Patrick's
Cathedral he wore a baseball cap instead of
his accustomed skullcap. And this was
something which brought peals of laughter to
those in the audience, and immediately
revealed that he was a man of great
humanitarian and wonderful good fellowship
instincts.
And so I conclude by simply saying
that here was a man we shall not see his like
ever again, I'm sure. I deeply value the
association with him. I revere him. I shall
always carry him in my recollection with the
deepest admiration and respect.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
Senator Bruno, your comments were
very eloquent. And it's kind of ironic that
Cardinal O'Connor grew up in a very humble and
modest family background in northern
Pennsylvania, as did you.
Cardinal O'Connor was always very
3214
good to me and somebody that was an absolute
hero to me. And as I was chosen Catholic
Legislator of the Year as a result of his
intercession, it was one of the thrills of my
life.
But let me just say that his humor,
his commitment, the way that he was revered in
this state and in this nation is truly unique.
Cardinal O'Connor was a remarkable guy, as
humble and as down-to-earth as anybody could
be.
Anybody that met him or ever spoke
to him was absolutely taken with the
comfortable way, the kind way -- his humility,
but his strength. I was -- everyone that has
spoken about Cardinal O'Connor and has known
him was taken by the way that he certainly
impressed them like no one they had ever met.
Seldom will we ever see someone
like this again. The Catholic Church was
indeed fortunate to have such a leader.
Certainly New York State and humanity was
impressed by his leadership. We'll miss him.
And I know that Cardinal O'Connor is looking
down upon us all.
3215
And he had a great interest in this
house and in this Legislature and I think knew
the backgrounds of almost everyone that served
here. He was very, very knowledgeable and
somebody that his breadth of interest was
incredible, from the baseball hat to whatever
it took to serve his people.
Cardinal O'Connor was a great man,
and we'll all miss him.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Farley.
Senator Connor.
SENATOR CONNOR: Thank you, Mr.
President.
Much has been said merely in the
past week concerning Cardinal O'Connor. And I
think, if I may be -- certainly add my voice
to everything that's been said, and perhaps
without reciting all the Cardinal's many
accomplishments, certainly his outspoken
leadership role, his consistency to his
mission.
What most always impressed me,
frankly, for many years about the Cardinal was
his personal kindliness, his gentleness and
3216
his willingness to reach out in times of
trouble. And you know, if you've read in the
newspapers these past days, there have been
accounts of him calling people in hospitals,
visiting people in hospitals, calling people
when, you know, he read in the paper there was
some trouble looming on the horizon for them.
And I want to say what most
impressed me is that that extended to people
who he often differed with. And he could
sometimes be -- well, he could let you know
when he differed. He had a way of letting you
know when he disagreed with you.
And I read in the paper the other
day about Geraldine Ferraro recounting how
kind he was to her family on numerous
instances, calling her to inquire about her
son, her husband, and so on. Even though in
the headlines they seemed to be adversaries
for a time. And he did indeed cancel some
appearances she was to make to speak in
certain Catholic institutions.
For myself, I felt his kindness at
a time when this house indeed was in great
turmoil some 13 years ago. And there were
3217
newspaper stories about various members, and
there were investigations and all sorts of
things. And, you know, I had my share of
newspaper stories that made it look like I was
being marched to the gallows rather
imminently. It never happened, thank God.
But newspaper stories, as we all
know, can make people look pretty bad. And
during those weeks, I noticed -- that's when
you notice the fair-weather friends and the
real friends. That's when you find some
people seem to cross the street rather than
stand and talk to you. Other people come up
and encourage you.
And during that time, the Cardinal
hosted a reception for legislators and spouses
at the chancery and his home. And I'll never
forget ringing the doorbell, being there with
my wife. I think one of the nastiest stories
I hope to ever read about me or my family was
in the newspaper that morning.
And the Cardinal made it a point,
he looked down -- you know, it's kind of a
grated window he looked through. And there
was a monsignor there who was greeting
3218
everyone, but the Cardinal personally came
bouncing down the steps, opened the door,
said, "Marty Connor, come in. You're always
welcome here," put his arms around me and my
wife, marched us into the whole gathering and
kept us at his side for quite some time.
Delivering a message to many others who were
assembled there, you know.
So as I read the many accounts of
his kindness, on a personal level I understood
exactly how true those accounts were, how
that's the way the Cardinal did operate. He
was in the pastoral sense -- leaving aside the
Prince of the Church role, he really was a
pastor to people, whether they were Catholic
or not. He certainly reached out to all New
Yorkers when he sensed they needed a bit of
encouragement, they needed to -- he really had
a way of conveying to everyone their worth as
an individual and his care and concern for
them.
So certainly I shall miss him. But
I thank God that we were benefited here in
New York with his presence and his leadership.
Thank you, Mr. President.
3219
ACTING PRESIDENT MORAHAN: Thank
you, Senator Connor.
Senator Marchi.
SENATOR MARCHI: Mr. President,
it -- everything that's been said is so true
and reflects the feelings and the aspect
that -- I was about the third row right from
the altar when this was taking place, and
there were all kinds of people. And you can
see in their faces by looking at them what
their racial, ethnic, spiritual, wherever they
came from, whether they believed or didn't
believe at all, how marked an imprint and
impact that Cardinal John O'Connor had on
them. Absolutely true.
Because he still had this profound
love of individuals, of people. Fierce in his
adherence and his allegiance to the faith,
with that went also this great love of
humanity and people, individuals, regardless
of differences.
I remember I wrote to him when he
came out for -- I think all of you are too
young to remember Dorothy Day and Peter
Maurin. And he took up the cause of their
3220
beatification and beyond. And I wrote to him.
I said I was -- that was almost 60 years ago
and I remember being -- working with the ACTU,
which supported Dorothy Day.
But at that time she was looked on
with great mixed feelings, because she had a
riotous start as a young lady. I mean, she
did everything that no one even would have
dreamt of doing, and yet there was this
beloved woman doing so much for the poor and
with evident love and respect that she had for
everybody.
And I said he didn't, when I wrote,
I wrote to him -- but I used to see him quite
often, but he was sick by this time. And I
wrote to him, I said, "I know you'll bounce
back. You always do," I said. But she didn't
even have the support that St. Augustine had
when he had a mixed youth. But he had St.
Monica, I pointed out in the letter,
supporting him and praying for him.
And he wrote a very humorous
response, which I certainly appreciated.
Cardinal Law mentioned his
outrageous humor. And he was, you know, a
3221
person who can enjoy himself just by just
human companionship, without respect to how
you feel or not asking you anything special
except to exchange love for love and all that
goes with it.
Cardinal Law mentioned -- and this
I didn't know. None of us knew. We were
there waiting for the party of people that had
gone down to the crypt. And on the crypt, as
was faithfully reported by the New York Times
and other publications, and what was said in
the address that Cardinal Law gave to us, on
the crypt was inscribed "There is no love
without justice."
Meaning we have to be fair with
people. We have to recognize the basic
reality of existence and our purpose in life.
And he chose that as his motto.
And those of -- those people who will go down
in the crypt, and he mentioned that, that he
wanted -- this is exactly what he wanted on
his crypt, because there were a number of
unfilled places. He said, "I know I will be
taking my place." And this is what he wanted,
that there is no love without justice.
3222
And justice goes beyond just being
plain fair. It's an inherent and deep
knowledge of the dignity of every human being,
without exception. And you can never divest
that person of that respect, even if you're
poles apart. And this is what consumed him
most.
And as was pointed out by previous
speakers, he would rush to their side, be it 2
or 3 o'clock in the morning, at the bedside of
a patient that was ill with AIDS, and give
them courage, and as much as his life would
allow him to do this. And he was a very
strong man until he was stricken so cruelly.
But it was an exceptional,
exceptional message that he left to us, that
in the position that -- the modest position
that we hold in life here, that you cannot
love without justice to our fellow human
beings.
So we sorely miss his presence.
But as Cardinal Angelo Sodano said, "Well, we
don't offer condolences. We offer thanks to
the Almighty for having given us Cardinal
O'Connor for so many years."
3223
And indeed, he was with us and he
consoled and enriched us during all of those
years that he was at our side.
ACTING PRESIDENT MORAHAN:
Senator Stafford.
SENATOR STAFFORD: Thank you, Mr.
President.
Everyone has been eloquent. It's
been stated so well the type of person John
Cardinal O'Connor was and is.
And I would just share, I too had
occasions to meet with him. And as a matter
of fact, we traveled from Ogdensburg to Albany
together not that many years ago.
And encompassing what everyone is
saying here today, I would just say Cardial
O'Connor is a man who, when you met with him,
it's something you never forget. You never
forget. He had such presence, such poise,
and, yes, a sense of humor.
And as I say, people that have
spoken ahead of me really have covered it all.
I would just say anyone who is so fortunate as
to have been touched by the life of Cardinal
O'Connor personally is that much better a
3224
person.
And I can only say that thinking
through the years, he is the type of
individual or is the individual that really
stands out in your mind because of the
contributions he made and how he related and
how he was able to communicate with people.
We're all better people because of
Cardinal O'Connor.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Stafford.
Senator Lachman.
SENATOR LACHMAN: I first met
Cardinal O'Connor about a dozen years ago when
a group of Catholic and Jewish lay and
religious leaders sat down at the mansion to
discuss issues of concern to the Catholic and
Jewish community in the Archdiocese of New
York and beyond that.
I was pleasantly surprised and
shocked, I must say, that when the Cardinal
discovered that one or perhaps two of the ten
Jewish participants was kosher, that he
ordered his staff to secure a kosher caterer,
to bring in new cutlery and new silverware.
3225
This is the type of man that he
was. He always thought of the needs of other
people.
About eight years ago I was
surprised to discover that I was appointed to
cochair, with former Governor Carey, a blue
ribbon panel on the future of Catholic
education in New York State. And I was
somewhat taken aback because my whole
background was in the public schools and not
in the nonpublic schools. And I discovered
from the superintendent of schools and the
vicar for education that this honor was
checked out with the Cardinal Archbishop of
New York.
We had frequent conversations on
issues of education, national education. We
had conversations dealing with infertility.
And the last one was just a few weeks before
his recent surgery of last summer that proved
to be fatal.
He was a very unusual man. Many
people have expressed this uniqueness of the
Cardinal much better than I can. Not only was
he the primate of the Catholic Church in North
3226
America, especially after the passing of
Joseph Cardinal Bernardin of Chicago, not only
was he consistent with the basic principles of
the church regardless of the difficulties that
might ensue from his totally seamless garment
of pro-life feelings -- coming out even
against the death penalty when very few people
would come out against the death penalty -
Cardinal O'Connor was not only a living symbol
of religiosity to his own parishioners and to
Catholics, but he was a symbol of the infinite
goodness and kindness and thoughtfulness and
graciousness that his whole life was an
example of to people of all religions, whether
they are Catholic, Jewish, Protestant, and
Muslim.
I mean, someone mentioned that -- I
think the resolution mentioned his influence
on the church's position in recognizing the
State of Israel. He had a tremendous
influence on encyclicals and statements of the
church dealing with facing up to anti-Semitism
and the Holocaust. He had a tremendous
influence on what is taking place in Northern
Ireland today.
3227
He had a tremendous influence in
being one of the strongest supporters and
backers of working people in the city and
state of New York, supporting unions,
supporting people who did not, he felt,
receive enough funding to support their own
families.
You cannot define this Cardinal as
liberal, conservative, progressive. You have
to define him as one of the most outstanding
human beings that walked this earth in the
20th century. And those of us who live in the
state of New York and those of us who had the
privilege of knowing him now know that we will
probably never see the likes of him again.
May his soul rest in peace.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Lachman.
Senator Maltese.
SENATOR MALTESE: Mr. President,
it's extremely difficult to follow my good
colleagues with such eloquence -- Senator
Lachman, Senator Marchi, so many others. At
the same time, I would be remiss not to say a
few words of recollection, not to do Cardinal
3228
O'Connor honor but to state that he did us
honor in so many ways.
Listening to my colleagues and
listening to the comments that have been made
in the last few days, I realize now why he
seemed to have such an intimate knowledge of
the Legislature and particularly the Senate.
Because in so many ways he knew intimately my
colleagues. He knew of their interests, he
knew of their dedication.
And in speaking to him, there never
was a time when he hesitated to speak himself
rather than through an intermediary. I
remember very vividly the first time I spoke
to him many years ago on a question of
legislation and thinking that I would get on
with possibly his assistant or a bishop or an
auxiliary bishop. I was surprised when the
Cardinal himself got on the phone and
indicated an awareness, an interest, and a
knowledge of legislation that was to come
before this house.
And that was repeated over and over
again in the intervening years. And they were
not only issues of the right to life or
3229
Catholic education, but they were issues of
economic justice and even, yes, the death
penalty, where I didn't -- I was not of his
mind.
It was very plain that his spirit
encompassed, his spirit and his interests
encompassed all issues that affected not only
the moral and spiritual life of New Yorkers
and the people of this country but also their
economic well-being, their family life, their
moral existence.
I think it's a testament to the
greatness of the man that so many people from
so many walks of life who might have disagreed
with him on one subject or another do him
honor by their testaments on his behalf.
One thing is certain. He was not
one to engage in that false camaraderie which
would seek acclaim or friendship from those
who would disagree with him on matters that he
might consider of faith and morals. He stated
his position, not in a belligerent or
aggressive or antagonistic role. Based on his
Navy background, he probably said, You take me
as I am or you don't take me at all. And
3230
apparently and not apparently, but that was
actually as people took him.
Because he was a great man and
certainly was a man that, as Senator Marchi
has just indicated, that we will not see his
like again. Because in the past 20 or 30
years I've been involved in public life, it is
very, very difficult indeed to think of
another man like him who was a holy man, a
knowledgeable man, a man of compassion, a man
of humanity, a great humanitarian.
We will sorely miss him in New
York, and we will miss him certainly in areas
of right to life and areas of economic
justice, in areas that will be confronting
this Legislature and legislatures across the
country on matters that will come up, not only
issues like euthanasia but some of the cloning
and infertility problems that are complex
moral issues that will have to be closely
examined.
And it was not only heartening but
something that moved us all to have this great
man of great knowledge and infinite wisdom on
our side speaking on behalf of all people. He
3231
is a man that will be missed. He is a true
man, a true man of God.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Maltese.
On the resolution, all those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
resolution is adopted.
Senator Goodman.
SENATOR GOODMAN: Mr. President,
Senator Bruno would like to open this
resolution up to all the members for
cosponsorship. Could you please put everyone
on as cosponsors.
But if anyone does not wish to be
on the resolution, you should notify the desk.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Goodman.
All Senators, unless they notify
the desk otherwise, shall be put on the
resolution as cosponsors.
3232
SENATOR GOODMAN: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MORAHAN: No
housekeeping.
SENATOR GOODMAN: Senator
Seabrook, I'd like to recognize you for
purposes of casting a vote.
ACTING PRESIDENT MORAHAN:
Senator Seabrook, you wish to be recognized?
SENATOR SEABROOK: Yes, Mr.
President.
ACTING PRESIDENT MORAHAN:
Senator Seabrook.
SENATOR SEABROOK: Mr. President,
with unanimous consent, I'd like to be -- I
was out of the room when Calendar 848 was
called, and I'd like to be recorded in the
negative on Calendar 848.
ACTING PRESIDENT MORAHAN:
Without objection, you will be recorded in the
negative, Senator.
Senator Goodman.
SENATOR GOODMAN: Mr. President,
there being no further business to come before
the Senate, I move we adjourn until Wednesday,
3233
May 10th, at 11:00 a.m.
ACTING PRESIDENT MORAHAN: On the
motion to adjourn, the Senate will stand
adjourned until Wednesday, May 10th, at
11:00 a.m.
(Whereupon, at 4:55 p.m., the
Senate adjourned.)