Regular Session - March 03, 1993

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         9                      ALBANY, NEW YORK

        10                       March 3, 1993

        11                        12:00 Noon

        12

        13

        14                       REGULAR SESSION

        15

        16

        17

        18       SENATOR HUGH T. FARLEY, Acting President

        19       STEPHEN F. SLOAN, Secretary

        20

        21

        22

        23











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

         2                      ACTING PRESIDENT FARLEY:  The

         3       Senate will come to order.  The Senators will

         4       find their places.  If you would please rise and

         5       stand with me for the Pledge of Allegiance to

         6       the Flag.

         7                      (The assemblage repeated the

         8       Pledge of Allegiance to the Flag. )

         9                      Today we're pleased to have with

        10       us Chaplain Richard P. Camp, Jr. of the United

        11       States Military Academy.  He's the Chaplain of

        12       West Point, New York.

        13                      Chaplain Camp.

        14                      CHAPLAIN RICHARD P. CAMP:  Let us

        15       bow together in prayer.

        16                      Lord, we pause a moment from our

        17       agendas and programs to acknowledge that You are

        18       God.  You have made us and You promise to

        19       sustain us as we trust in You.

        20                      We pray today for the men and

        21       women of this Senate.  Amid all the voices that

        22       clamor for their attention, give them the

        23       discipline to listen to Your voice and the











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         1       diligence to do what's right.  We pray today for

         2       the colleges and the universities of this state

         3       and especially today for the United States

         4       Military Academy.  Keep her purposes noble and

         5       her leadership strong in our effort to preserve

         6       peace in the world.

         7                      In Your strong name, we pray.

         8       Amen.

         9                      ACTING PRESIDENT FARLEY:  The

        10       Secretary will begin by reading the Journal.

        11                      THE SECRETARY:  In Senate,

        12       Tuesday, March 2nd.  The Senate met pursuant to

        13       adjournment, Senator Farley in the Chair upon

        14       designation of the Temporary President.  The

        15       Journal of Monday, March 1st, was read and

        16       approved.  On motion, Senate adjourned.

        17                      ACTING PRESIDENT FARLEY:  Hearing

        18       no objection, the Journal will stand approved as

        19       read.

        20                      The order of business:

        21       Presentation of petitions.

        22                      Messages from the Assembly.

        23                      Messages from the Governor.











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         1                      Reports of standing committees.

         2                      Reports of select committees.

         3                      Communications and reports from

         4       state officers.

         5                      Motions and resolutions.

         6                      SENATOR LARKIN:  Mr. President.

         7                      ACTING PRESIDENT FARLEY:  Senator

         8       Larkin.

         9                      SENATOR LARKIN:  I ask to call up

        10       Legislative Resolution 568 and ask that it be

        11       read.

        12                      ACTING PRESIDENT FARLEY:

        13       Secretary will read Resolution 568.

        14                      THE SECRETARY:  Legislative

        15       Resolution Number 568, by Senators Larkin,

        16       Marino, and all members of the Senate:

        17                      Legislative Resolution

        18       celebrating the establishment of the United

        19       States Military Academy at West Point, New York

        20       and memorializing Governor Mario M. Cuomo to

        21       declare Wednesday, March 3rd, 1993 as West Point

        22       Day in the state of New York.

        23                      WHEREAS, the United States











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         1       Military Academy at West Point, New York has,

         2       since its establishment in the early 1800s, been

         3       an institute unique in its approach to military

         4       as well as educational disciplines, and an

         5       institute unique to its promise to meet the

         6       challenges of developing and nurturing our

         7       nation's future leaders;

         8                      Always reflecting a dynamic,

         9       visionary approach to education, the Academy's

        10       focus has been to stimulate young minds,

        11       marshall strengths, both physical and cerebral,

        12       and inspire its Corps of Cadets to match our

        13       forefathers in courage and commitment to

        14       defending the rights of a free country;

        15                      Administrative leadership at the

        16       Academy has creatively kept pace with the

        17       cadence of changing needs throughout the years;

        18       and today, as we host the representatives of the

        19       Corps of Cadets, as well as the support staff,

        20       we offer a special welcome to a new era of

        21       leadership under the command of Lt. General

        22       Howard D. Graves, recently appointed

        23       Superintendent of the United States Military











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         1       Academy at West Point;

         2                      This distinguished school has

         3       produced illustrious soldiers, statesmen, and

         4       businessmen in every walk of life, but the

         5       observation of West Point Day in the state of

         6       New York has a particular significance for those

         7       of us who serve in the New York State Senate and

         8       New York State Assembly for it was the late

         9       former Assemblyman James T. McNamara, a graduate

        10       of the class of 1939, who masterminded this

        11       marvelous tribute to the men and women of the

        12       United States Military Academy at West Point;

        13                      The residents of the state of New

        14       York, as well as our entire nation, owe an

        15       outstanding debt of gratitude to the vast

        16       network of administrators and instructors, past

        17       as well as present, whose collective powers have

        18       molded generations of graduates;

        19                      And to the graduates and Corps of

        20       Cadets who are now a part of the heritage of

        21       West Point, our great state and nation support

        22       and appreciate their talents and pray that, as

        23       they achieve their own destinies, they will also











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         1       realize the immeasurable rewards that come with

         2       serving the United States of America.

         3                      NOW, THEREFORE, BE IT RESOLVED

         4       that this legislative body pause in its

         5       deliberations to applaud the United States

         6       Military Academy at West Point as a landmark

         7       institution representing excellence in military

         8       training and as an institution whose stellar

         9       reputation in the field of education looms large

        10       throughout our great land; and

        11                      BE IT FURTHER RESOLVED that this

        12       legislative body call upon Governor Mario M.

        13       Cuomo to declare today, the 3rd day of March,

        14       1993, as West Point Day in the state of New

        15       York; and

        16                      BE IT FURTHER RESOLVED that a

        17       copy of this resolution, suitably engrossed, be

        18       transmitted to Lt. General Howard D. Graves,

        19       Superintendent of the United States Military

        20       Academy at West Point, New York in recognition

        21       of the vitally important role the Academy plays

        22       in maintaining our nation's integrity as a force

        23       of freedom.











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         1                      ACTING PRESIDENT FARLEY:  On the

         2       resolution, Senator Larkin, do you wish to

         3       speak?

         4                      SENATOR LARKIN:  Mr. President,

         5       my colleagues, it's an honor and a privilege to

         6       offer up this resolution.

         7                      This is the 39th year that the

         8       state has recognized the United States Military

         9       Academy.  I want to personally welcome General

        10       Foley, the Commandant of Cadets, the staff and

        11       faculty and, most important, members of the

        12       Corps.

        13                      We are especially proud to have

        14       General Foley with us here today.  General Foley

        15       is the class of 1963 and, for those of you who

        16       don't know, he is the recipient of our nation's

        17       highest award, the Congressional Medal of Honor

        18       for heroic service in Vietnam.  For members, a

        19       full copy of the citation is at your desk.  But

        20       I'd like to briefly say something about it.

        21                      General Foley, then Captain

        22       Foley, leading a company in a dense jungle fire

        23       fight, put himself at grave risk.  Fighting











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         1       constant enemy fire, he helped evacuate wounded

         2       soldiers after being blown off his feet by a

         3       grenade.  Captain Foley refused medical

         4       treatment and single-handedly destroyed three

         5       enemy gun positions.  His outstanding courage

         6       and leadership in the face of intense fire

         7       inspired his troops to heroic efforts and the

         8       success of the mission.

         9                      General Foley has a distinguished

        10       military career, not only in Vietnam but in

        11       other parts of the world, and here in the United

        12       States.  It is a record of leadership, a record

        13       of service in the finest tradition to which the

        14       Cadets at West Point aspire.

        15                      The battles we fought in Vietnam,

        16       Korea, Europe, and the Pacific are well

        17       documented in our books, and the role members of

        18       the Corps played are also well documented.  But

        19       who would have predicted a few years ago that we

        20       would be rewriting those books to include

        21       Kuwait, Somalia and Bosnia.

        22                      With the world changing so

        23       rapidly, it is more critical than ever that the











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         1       United States military be maintained in the

         2       highest standards, highest quality and a force

         3       to be identified in this world.  Whether this

         4       force is used in a military operation or a

         5       humane operation is a decision for others.  But

         6       the nation must have a military that is prepared

         7       to respond to any mission.

         8                      As a veteran of 23 years in the

         9       military, I've had a great deal of opportunity

        10       to observe the Corps and be among those who come

        11       out.  I've had first-hand experience commanding

        12       officers that graduated from West Point, serving

        13       with them and for them, and I was always

        14       enriched by their contributions.

        15                      No one displays a more

        16       professional attitude or dedication than the men

        17       and women of West Point.  The commitment to West

        18       Point is not just going to a college and saying,

        19       "I'm a Cadet."  It's to serve the country and

        20       it begins at a young age.  Most of these cadets

        21       that are sitting here started at age 16 and 17,

        22       started the screening process, at that ripe

        23       age.











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         1                      They entered the Academy in July

         2       of that first year.  You know, when they look at

         3       all the strict requirements that they had to go

         4       through to get there, they didn't make a

         5       decision on what I'm going to do next week or

         6       next year.  A Cadet today commits himself or

         7       herself to four years at the Academy and five

         8       years after that.  Just think of what we're

         9       saying.  Somebody 16 years old saying, "At age

        10       25 I will be completing my fifth year as an

        11       officer."  This process is tough, and it

        12       requires skilled, tactful and people of quality,

        13       and we have you here today.  In a time when so

        14       many teenagers are searching for answers of what

        15       they want to do, it's amazing that we have such

        16       individuals here today who know what they want

        17       to do, where they want to go, and how they want

        18       to go about it.  They commit their time, their

        19       talents, their efforts, and their future to

        20       serving our country here and abroad.

        21                      They, ladies and gentlemen, are

        22       truly the cream of the crop and we're extremely

        23       proud to honor them here today.











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         1                      I would like at this time to

         2       introduce to you our distinguished guests that

         3       are here:

         4                      The Commandant of Cadets,

         5       Brigadier General Robert Foley.

         6                      (Applause)

         7                      Public affairs officer,

         8       Lieutenant Colonel Bruce Bell.

         9                      (Applause)

        10                      Major Jeff Weart, the Executive

        11       Officer of the Commandant's Office.

        12                      (Applause)

        13                      Captain Richard Camp, our

        14       Chaplain at the United States Military Academy.

        15                      (Applause)

        16                      Captain Cheryl Ludwa from the

        17       Command Information Office.

        18                      (Applause)

        19                      Captain William Withers, Tactical

        20       Officer, B-1.

        21                      (Applause)

        22                      I didn't print this.  Somebody

        23       did.  He's now been promoted to Major.











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         1       Congratulations to you.

         2                      (Applause)

         3                      And Barbara Sarrf, from the

         4       Community Relations.  Barbara.

         5                      (Applause)

         6                      Ladies and gentlemen, the cream

         7       of the crop: Andrew Hanson, from East Aurora,

         8       New York.

         9                      (Applause)

        10                      Jim Dillon, from Schenectady,

        11       whose father is a member of the staff of the

        12       Assembly.  Congratulations, Jim.

        13                      (Applause)

        14                      Jennifer Voightschild, from

        15       Chili, New York.

        16                      (Applause)

        17                      David Keppel, from Cold Spring.

        18                      (Applause)

        19                      Mark Goldschmidt, from Scar

        20       borough, New York.

        21                      (Applause)

        22                      Sean Marshall, from East

        23       Amherst.











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         1                      (Applause)

         2                      Kyle Jette, Amsterdam, New York.

         3                      (Applause)

         4                      Seth O'Brien, from Brooklyn.

         5                      (Applause)

         6                      Michael Cho, from Flushing.

         7                      (Applause)

         8                      Tom Carey, from Ticonderoga.

         9                      (Applause)

        10                      Jean-Pierre Sanchez, from Wood

        11       mere.

        12                      (Applause)

        13                      Elliott Fishburne, from my

        14       district, Highland Falls.  Hi, Elliott.

        15                      (Applause)

        16                      Carol Doleski, from Kinderhook.

        17                      (Applause)

        18                      And the Brigade First Captain

        19       Shawn Daniel, from Shelbyville, Kentucky.

        20                      (Applause)

        21                      General Foley, staff and faculty,

        22       we honor you today, but truly you honor us

        23       because just to look at where the men and women











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         1       of the Corps are going and their ideals, I feel

         2       very confident that our country and our state

         3       and the world will be a better place to live by

         4       the efforts of these men and women.

         5                      Thank you.  God bless you all.

         6                      (Applause)

         7                      ACTING PRESIDENT FARLEY:  On the

         8       resolution.  Senator Wright.

         9                      SENATOR WRIGHT:  Mr. President,

        10       as chairman of the Senate Majority Task Force on

        11       Defense Spending and also as the Senator

        12       representing the district that's home to the

        13       10th Mountain Division at Fort Drum, I rise in

        14       support of Senator Larkin's remarks and the

        15       Legislative Resolution 568.

        16                      We should take this day, West

        17       Point Day, to symbolize the many other days of

        18       the year when we remember the men and women who

        19       serve our country at the West Point Military

        20       Reservation.  This is is a proud and continuing

        21       tradition of honor, of service and of

        22       sacrifice.

        23                      New York is proud to serve as the











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         1       home of the United States Military Academy, and

         2       I want to assure the United States Army that we

         3       want to continue to welcome their members in

         4       residence at West Point and they will continue

         5       to have an honored place in New York State and

         6       its history.

         7                      I would also like to remind my

         8       colleagues that may not realize there is some

         9       4,000 military and civilian personnel who serve

        10       our state and our nation at West Point.  The

        11       military reservation represents also a major

        12       business in the Hudson Valley, contributing some

        13       $170 million in direct payroll and prime

        14       contracts to the economy of the region and our

        15       state.

        16                      The Military Academy itself

        17       represents a lot of hopes, dreams and hard work

        18       of the instructors and the Corps of Cadets as

        19       they train for demanding careers of leadership

        20       as -- in the defense of our America and its

        21       interests.

        22                      My respect and best wishes go to

        23       each of them as they prepare to meet our











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         1       nation's needs and, in turn, I would hope they

         2       all look very favorably on the 10th Mountain at

         3       Fort Drum.

         4                      Thank you very much, Mr.

         5       President.

         6                      ACTING PRESIDENT FARLEY:  Senator

         7       Oppenheimer.

         8                      SENATOR OPPENHEIMER:  I'm very

         9       proud that I have a Cadet here from my district

        10       today, name of Mark Goldschmidt, and you are in

        11       my new district that was just reconfigured a few

        12       months ago, and I'm very, very honored that

        13       you're here today.  You went to Fordham High

        14       School, which is also in my -- my Senate

        15       District, and you have compiled a most

        16       extraordinary record.

        17                      The thing that I think really

        18       hits you is that you're chair of the Cadet Honor

        19       Committee, and I can think of no higher honor

        20       than to be honored by your peers in such a

        21       manner for your integrity and your honesty.

        22                      And I also see that you are

        23       majoring in Political Science, which is a wise











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         1       move and maybe at some point we will see you

         2       join us here, and I commend you, and I wish you

         3       much good fortune when you are an officer in the

         4       Army.  I am the daughter of an officer in the

         5       Army, brought up as an Army brat and you have a

         6       wonderful career ahead of you, and I hope to see

         7       a lot more of you.

         8                      Thank you for coming.

         9                      ACTING PRESIDENT FARLEY:  On the

        10       resolution, all those in favor say aye.

        11                      (Response of "Aye.")

        12                      There being no one opposed, the

        13       resolution is unanimously passed.

        14                      General Foley and cadets, and

        15       officers and faculty, on behalf of the New York

        16       State Senate, let us say how proud we are not

        17       only of the Academy but, of course, of the Corps

        18       of Cadets.  We're delighted to have you come

        19       back here each year.  It's something that we all

        20       look forward to.  We wish you success.  We wish

        21       you well, and congratulations from the New York

        22       State Senate.

        23                      (Applause)











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         1                      Senator Bruno.

         2                      SENATOR BRUNO:  Mr. President,

         3       I've handed up a privileged resolution, and I

         4       ask at this time that it be read in its

         5       entirety.

         6                      ACTING PRESIDENT FARLEY:  The

         7       Secretary will read Senator Bruno's resolution

         8       in its entirety.

         9                      THE SECRETARY:  Legislative

        10       Resolution, by Senator Bruno, commending the

        11       Waterford-Halfmoon Boys' Varsity Soccer Team

        12       upon the occasion of its designation for special

        13       honor on January 17th, 1993 in recognition of

        14       capturing the New York State Class D

        15       championship.

        16                      WHEREAS, excellence and success

        17       in competitive sports can be achieved only

        18       through long hours of practice, team play and

        19       team spirit, nurtured by dedicated coaching and

        20       strategic planning;

        21                      Athletic competition enhances the

        22       moral and physical development of young people

        23       of this state, preparing them for the future by











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         1       instilling in them the value of teamwork,

         2       encouraging a standard of healthy living,

         3       gaining an ambition for success and developing a

         4       sense of fair play and competition;

         5                      The Waterford-Halfmoon Boys'

         6       Varsity Soccer Team have for the first time in

         7       the history of the school captured the New York

         8       State Class D championship.  Their championship

         9       performance also earned them the Colonial

        10       Council Championship, the Section 2 Class D

        11       Championship, and the Northeast Regional

        12       Championship;

        13                      The team members were coached to

        14       this superlative achievement by Coach Robert T.

        15       Stoliker and Assistant Coach Robert Roddy;

        16                      This superb coaching team have

        17       successfully guided, molded and inspired each of

        18       the team members toward their goal;

        19                      The enthusiasm, dedication and

        20       skills of these athletes have carried them to

        21       greatness in their sport; they are now a source

        22       of pride to their families, their friends, their

        23       communities and their state;











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         1                      The Waterford-Halfmoon Boys'

         2       Varsity Soccer Team has so clearly endowed that

         3       commitment of scholastic excellence which is the

         4       daily manifestation of its student body, faculty

         5       and administrative staff;

         6                      Sports competition instills the

         7       values of teamwork, pride and accomplishment,

         8       and Coach Terry Stoliker and Assistant Coach Rob

         9       Roddy and the Fordians outstanding athletes have

        10       clearly made a contribution to the spirit of

        11       excellence which is the hallmark of the

        12       community;

        13                      NOW, THEREFORE, BE IT RESOLVED

        14       that this legislative body pause in its

        15       deliberations to congratulate the Waterford

        16       Halfmoon Boys' Varsity Soccer Team.  Its members

        17       are Josh Amyot, Brian Beauregard, Eric

        18       Beauregard, Adam Bilinski, D.J. Bouchard, Greg

        19       Carnevale, Kory Galuski, John Paul Guertin,

        20       Keith Hurst, Kyle Koblensky, George LaMarche,

        21       Russell LeMay, Ryan LeMay, Russell Mahoney, Tony

        22       Malo, Frank McClement, Cory O'Brien, Scott

        23       O'Connor, Tony Parissi, Chad Phoenix, Mike











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         1       Quick, Greg Stanley and Dan Williams; and Coach

         2       Terry Stoliker, Assistant Coach Rob Roddy,

         3       Managers Carrie Parissi and Alta Colwell on

         4       their outstanding season and for their capturing

         5       the New York State Class D championship, and

         6                      BE IT FURTHER RESOLVED that a

         7       copy of this resolution, suitably engrossed, be

         8       transmitted to the members and to Terry

         9       Stoliker, Coach of the Fordian soccer team in

        10       care of Carl Heiner, principal of the Waterford

        11       Halfmoon High School.

        12                      ACTING PRESIDENT FARLEY:  The

        13       distinguished Senator representing Waterford,

        14       Senator Bruno.

        15                      SENATOR BRUNO:  I thank you very

        16       much, Mr. President.

        17                      It really is a privilege for me

        18       to rise and add a personal welcome to these very

        19       distinguished young people.  Through what you've

        20       read in the resolution, we all understand what

        21       it takes to be a champion.  I am proud as I can

        22       be that I could be joined in this chamber by

        23       these young athletes, their coach, Terry











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         1       Stoliker, Assistant Coach Bob Roddy.  As a

         2       testimony to the importance of this occasion, I

         3       am also honored in being joined by the publisher

         4       of the Troy Record and the editor, Rex Smith.

         5                      Champions don't just happen.  We

         6       know that.  It takes time, commitment,

         7       perseverance, giving up -- a lot of sacrifice.

         8       These young people have been willing to do

         9       that.  All of us can be proud that they

        10       exemplify what we in America believe young

        11       people should be all about, and so I thank you

        12       for your accomplishment.

        13                      Thank you for having

        14       distinguished the 43rd Senatorial District.  You

        15       should be very proud of yourselves as your

        16       parents are, your friends are, I certainly am.

        17       We in this chamber and all of the people in this

        18       state through this resolution honor you for your

        19       outstanding achievement.

        20                      Congratulations to you all.

        21       Thank you, Mr. President.

        22                      (Applause)

        23                      ACTING PRESIDENT FARLEY:  Senator











                                                              833

         1       Gold.

         2                      SENATOR GOLD:  Mr. President, I'd

         3       just like to congratulate these youngsters.  I

         4       once, when I was in high school in New York I

         5       played on my varsity soccer team, and I know

         6       what it is to be a champion.  I watched all the

         7       other champions beat my team.

         8                      So my congratulations to you for

         9       accomplishing that which my guys never could

        10       do.

        11                      ACTING PRESIDENT FARLEY:  Before

        12       we adopt the resolution, let me say on behalf of

        13       the New York State Senate, how proud we are to

        14       have you here today and, as the Senator from the

        15       neighboring district that many of my schools

        16       helped improve your record, we're very, very

        17       proud of you and we wish you well.

        18                      All in favor of the resolution

        19       say aye.

        20                      (Response of "Aye.")

        21                      Those opposed.

        22                      (There was no response. )

        23                      The resolution is unanimously











                                                              834

         1       adopted.  Congratulations again.

         2                      (Applause)

         3                      Senator Seward.

         4                      SENATOR SEWARD:  Mr. President, I

         5       offer up the following privileged resolution and

         6       ask that its title be read and move its

         7       immediate adoption.

         8                      ACTING PRESIDENT FARLEY:  Would

         9       you read the title of Senator Seward's

        10       resolution.

        11                      THE SECRETARY:  Legislative

        12       Resolution, by Senator Seward, commending the

        13       Junior High Concert Band of Schoharie Central

        14       School for its participation in Music in Our

        15       Schools Month, March of 1993.

        16                      ACTING PRESIDENT FARLEY:  All in

        17       favor of the resolution, say aye.

        18                      (Response of "Aye.")

        19                      Those opposed nay.

        20                      (There was no response. )

        21                      The resolution is adopted.

        22                      Senator Galiber.

        23                      SENATOR GALIBER:  Mr. President,











                                                              835

         1       I offer the following privileged resolution, ask

         2       that the title be read and suggest the immediate

         3       adoption.

         4                      ACTING PRESIDENT FARLEY:

         5       Secretary will read the title of Senator

         6       Galiber's resolution.

         7                      THE SECRETARY:  Legislative

         8       Resolution, by Senator Galiber, commending Dr.

         9       William C. Fratella, Superintendent of Schools

        10       in the city of Mount Vernon, New York upon the

        11       occasion of his designation for special honor on

        12       Saturday, March 6th, 1993.

        13                      SENATOR GALIBER:  Yes, the title

        14       also, Mr. President should say Galiber and

        15       Senator Velella.

        16                      ACTING PRESIDENT FARLEY:  And

        17       Senator Velella.  All in favor of the resolution

        18       say aye.

        19                      (Response of "Aye.")

        20                      Those opposed nay.

        21                      (There was no response. )

        22                      The resolution is adopted.

        23                      Do we have any more resolutions











                                                              836

         1       or motions on the floor?  Senator Sheffer? I'm

         2       sorry.  Senator Holland, you have a motion, I'm

         3       told.

         4                      SENATOR HOLLAND:  Yes, Mr.

         5       President.  On page 11, I offer the following

         6       amendments on Calendar Number 144, Senate Print

         7       Number 1897, and ask that the said bill retain

         8       its place on the Third Reading Calendar.

         9                      ACTING PRESIDENT FARLEY:  Without

        10       objection, the bill is amended and retain its

        11       place.

        12                      Senator Present, that looks like

        13       it takes care of motions and resolutions.  We're

        14       ready for the calendar or a substitution.

        15                      SENATOR PRESENT:  Mr. President,

        16       let's proceed with the non-controversial

        17       calendar.

        18                      ACTING PRESIDENT FARLEY:  O.K.

        19       We'll sub at the time.  Secretary will read

        20       the -

        21                      THE SECRETARY:  On page 11 of

        22       today's calendar, Senator Lack moves to

        23       discharge the Committee on Labor from Assembly











                                                              837

         1       Bill Number 402, and substitute it for the

         2       identical Third Reading 140.

         3                      ACTING PRESIDENT FARLEY:

         4       Substitution is ordered.  Substitution ordered.

         5       Yes, we can do the non-controversial, page 7.

         6                      THE SECRETARY:  On page 7,

         7       Calendar Number 102, by Senator Bruno, Senate

         8       Bill Number 2354, an act to amend the Economic

         9       Development Law and the State Finance Law, in

        10       relation to establishing a linked deposit

        11       program.

        12                      ACTING PRESIDENT FARLEY:  Read

        13       the last section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect immediately.

        16                      ACTING PRESIDENT FARLEY:  Call

        17       the roll.

        18                      (The Secretary called the roll. )

        19                      THE SECRETARY:  Ayes 48.

        20                      ACTING PRESIDENT FARLEY:  That

        21       bill is passed.

        22                      THE SECRETARY:  Calendar Number

        23       108, by Senator Holland, Senate Bill -











                                                              838

         1                      SENATOR HOLLAND:  Lay it aside,

         2       please.

         3                      THE SECRETARY:  Laid aside for

         4       the day.

         5                      ACTING PRESIDENT FARLEY:  Lay

         6       that bill aside for today.

         7                      THE SECRETARY:  Calendar Number

         8       109, by Senator Tully, Senate Bill Number 961,

         9       an act to amend the Public Health Law.

        10                      ACTING PRESIDENT FARLEY:  Read

        11       the last section.

        12                      THE SECRETARY:  Section 2.  This

        13       act shall take effect immediately.

        14                      ACTING PRESIDENT FARLEY:  Call

        15       the roll.

        16                      (The Secretary called the roll. )

        17                      THE SECRETARY:  Ayes 48.

        18                      ACTING PRESIDENT FARLEY:  That

        19       bill is passed.

        20                      THE SECRETARY:  Calendar Number

        21       110, by Senator Farley, Senate Bill Number 219,

        22       an act to amend the County Law, in relation to

        23       county office hours of work.











                                                              839

         1                      ACTING PRESIDENT FARLEY:  Read

         2       the last section.

         3                      THE SECRETARY:  Section 2.  This

         4       act shall take effect immediately.

         5                      ACTING PRESIDENT FARLEY:  Call

         6       the roll.

         7                      (The Secretary called the roll. )

         8                      THE SECRETARY:  Ayes 48.

         9                      ACTING PRESIDENT FARLEY:  Senator

        10       Wright is in the negative.  Senator Wright is in

        11       the negative.

        12                      THE SECRETARY:  Ayes 47, nays

        13       one, Senator Wright recorded in the negative.

        14                      ACTING PRESIDENT FARLEY:  The

        15       bill is passed.

        16                      THE SECRETARY:  Calendar Number

        17       111, by Senator -

        18                      SENATOR GOLD:  Lay it aside for

        19       Senator Leichter.

        20                      ACTING PRESIDENT FARLEY:  Laid

        21       aside.

        22                      THE SECRETARY:  Calendar Number

        23       112, by Senator Bruno, Senate Bill Number 371,











                                                              840

         1       an act to amend the Real Property Tax Law.

         2                      ACTING PRESIDENT FARLEY:  Read

         3       the last section.

         4                      THE SECRETARY:  Section 2.  This

         5       act shall take effect immediately.

         6                      ACTING PRESIDENT FARLEY:  Call

         7       the roll.

         8                      (The Secretary called the roll. )

         9                      THE SECRETARY:  Ayes 48.

        10                      ACTING PRESIDENT FARLEY:  The

        11       bill is passed.

        12                      THE SECRETARY:  Calendar Number

        13       113, by Senator Stafford, Senate Bill Number

        14       434, an act to amend the General Municipal Law.

        15                      ACTING PRESIDENT FARLEY:  Read

        16       the last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT FARLEY:  Call

        20       the roll.

        21                      (The Secretary called the roll. )

        22                      THE SECRETARY:  Ayes 48.

        23                      ACTING PRESIDENT FARLEY:  The











                                                              841

         1       bill is passed.

         2                      THE SECRETARY:  Calendar Number

         3       114, by Senator Stafford, Senate Bill Number

         4       438, an act to amend the Real Property Tax Law.

         5                      ACTING PRESIDENT FARLEY:  Read

         6       the last section.

         7                      THE SECRETARY:  Section 2.  This

         8       act shall take effect immediately.

         9                      ACTING PRESIDENT FARLEY:  Call

        10       the roll.

        11                      (The Secretary called the roll. )

        12                      THE SECRETARY:  Ayes 48.

        13                      ACTING PRESIDENT FARLEY:  That

        14       bill is passed.

        15                      THE SECRETARY:  Calendar Number

        16       115, by Senator Cook, Senate Bill Number 574, an

        17       act to amend the General Municipal Law, in

        18       relation to authorizing the New York Planning

        19       Federation to make purchases.

        20                      ACTING PRESIDENT FARLEY:  Read

        21       the last section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect immediately.











                                                              842

         1                      ACTING PRESIDENT FARLEY:  Call

         2       the roll.

         3                      (The Secretary called the roll. )

         4                      THE SECRETARY:  Ayes 48.

         5                      ACTING PRESIDENT FARLEY:  That

         6       bill is passed.

         7                      THE SECRETARY:  Calendar Number

         8       116, by Senator Johnson, Senate Bill Number 909,

         9       an act to amend the Real Property Tax Law.

        10                      ACTING PRESIDENT FARLEY:  Read

        11       the last section.

        12                      THE SECRETARY:  Section 2.  This

        13       act shall take effect immediately.

        14                      ACTING PRESIDENT FARLEY:  Call

        15       the roll.

        16                      (The Secretary called the roll. )

        17                      THE SECRETARY:  Ayes 48, nays

        18       one, Senator Present recorded in the negative.

        19                      ACTING PRESIDENT FARLEY:  The

        20       bill is passed.

        21                      THE SECRETARY:  Also Senator

        22       Stachowski, also Senator Cook recorded in the

        23       negative.











                                                              843

         1                      ACTING PRESIDENT FARLEY:  The

         2       bill is passed.

         3                      THE SECRETARY:  Calendar Number

         4       117, by Senator Larkin, Senate Bill Number 1153,

         5       an act to amend the Real Property Tax Law.

         6                      ACTING PRESIDENT FARLEY:  Read

         7       the last section.

         8                      THE SECRETARY:  Section 2.  This

         9       act shall take effect immediately.

        10                      ACTING PRESIDENT FARLEY:  Call

        11       the roll.

        12                      (The Secretary called the roll. )

        13                      THE SECRETARY:  Ayes 50.

        14                      ACTING PRESIDENT FARLEY:  That

        15       bill is passed.

        16                      THE SECRETARY:  Calendar Number

        17       118, by Senator Padavan.

        18                      SENATOR GOLD:  Lay aside.

        19                      ACTING PRESIDENT FARLEY:  Laid

        20       aside.

        21                      THE SECRETARY:  Calendar Number

        22       129, by Senator Johnson, Senate Bill Number

        23       1244, proposing an amendment to the











                                                              844

         1       Constitution.

         2                      ACTING PRESIDENT FARLEY:  Read

         3       the last section.  There's no -- call the roll.

         4                      (The Secretary called the roll. )

         5                      THE SECRETARY:  Ayes 51.

         6                      ACTING PRESIDENT FARLEY:  That is

         7       a resolution, and that resolution is adopted.

         8                      THE SECRETARY:  Calendar Number

         9       149, by Senator Volker, Senate bill -

        10                      SENATOR VOLKER:  Lay that aside.

        11                      ACTING PRESIDENT FARLEY:  Lay it

        12       aside for the day, Senator Volker?

        13                      SENATOR VOLKER:  Yes, sir.

        14                      ACTING PRESIDENT FARLEY:  I

        15       thought that's what he said.

        16                      Senator Present, that's the first

        17       time through.  Controversial?

        18                      SENATOR PRESENT:  Controversial,

        19       please.

        20                      ACTING PRESIDENT FARLEY:  Senator

        21       Hoffmann.

        22                      SENATOR HOFFMANN:  Mr. President,

        23       I ask unanimous consent to be recorded in the











                                                              845

         1       negative on Calendar 116.

         2                      ACTING PRESIDENT FARLEY:  Senator

         3       Hoffmann will be in the negative on Calendar

         4       Number 116 without objection.

         5                      THE SECRETARY:  On page 11,

         6       Calendar Number 111, by Senator Farley -- on

         7       page 8, excuse me.

         8                      ACTING PRESIDENT FARLEY:  Page 8.

         9                      THE SECRETARY:  Senate Bill

        10       Number 342, an act to amend the Real Property

        11       Tax Law.

        12                      ACTING PRESIDENT FARLEY:  Read

        13       the last section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect immediately.

        16                      ACTING PRESIDENT FARLEY:  Call

        17       the roll.

        18                      (The Secretary called the roll. )

        19                      THE SECRETARY:  Ayes 50, nays

        20       one, Senator Leichter recorded in the negative.

        21                      ACTING PRESIDENT FARLEY:  The

        22       bill is passed.

        23                      THE SECRETARY:  Calendar Number











                                                              846

         1       118, by Senator Padavan, Senate Bill Number 125,

         2       an act to amend the Education Law, in relation

         3       to empowering community boards of community

         4       school districts to make a determination.

         5                      ACTING PRESIDENT FARLEY:  Senator

         6       Padavan, an explanation has been called for.

         7                      SENATOR PADAVAN:  Mr. President,

         8       under the decentralization law, school districts

         9       in the city of New York are given the authority

        10       to manage and operate the schools and other

        11       facilities under their jurisdiction.  What this

        12       bill will do is add to that authority the right

        13       to determine when, because of inclement weather,

        14       those schools should be closed.

        15                      Some parts of the City and the

        16       outlying areas of northern Bronx, eastern

        17       Queens, Staten Island, both time and distance

        18       would require, in my view, a decision to be made

        19       by a local superintendent or a local school

        20       board as to whether or not there's an unsafe

        21       condition on that particular day, and this bill

        22       would give them that authority to make that

        23       decision.











                                                              847

         1                      SENATOR GOLD:  Mr. President.

         2                      ACTING PRESIDENT FARLEY:  Senator

         3       Gold.

         4                      SENATOR GOLD:  Yeah.  I try each

         5       year to be a little briefer and briefer.  We've

         6       had this, and I guess we'll keep having it.

         7       Last year Senator Galiber, myself, and Halperin

         8       and Leichter and Markowitz and Montgomery voted

         9       in the negative.

        10                      This is based upon an incident

        11       back in 1983 -- '83, not '93.  We're now in

        12        '93.  It didn't happen in '84 and '85 and '86

        13       and '87, and et cetera, and it just seems a

        14       little absurd to get into these situations

        15       where, because of one instance we -- we

        16       legislate.

        17                      It's particularly in view of the

        18       fact that, when I spoke to Senator Volker on

        19       Monday about this one-incident legislation,

        20       nobody here wanted to apply it to the death

        21       penalty.  Remember the death penalty?  We

        22       shouldn't do it because we could save one in

        23       nocent person.  Same business here.  I hope that











                                                              848

         1       other people will see the folly in this bill.

         2                      Last section.

         3                      ACTING PRESIDENT FARLEY:  Read

         4       the last section.

         5                      THE SECRETARY:  Section 2.  This

         6       act shall take effect immediately.

         7                      ACTING PRESIDENT FARLEY:  Call

         8       the roll.

         9                      (The Secretary called the roll. )

        10                      THE SECRETARY:  Those recorded in

        11       the negative on Calendar Number 118 are Senators

        12       Espada, Galiber, Gold, Leichter, Markowitz,

        13       Montgomery, Paterson and Smith.  Ayes 43, nays

        14       8.

        15                      ACTING PRESIDENT FARLEY:  That

        16       bill is passed.

        17                      There are reports of standing

        18       committees, Senator Present.  Is it all right to

        19       read it?

        20                      SENATOR PRESENT:  Let's read it.

        21                      ACTING PRESIDENT FARLEY:

        22       Secretary will read a report of a standing

        23       committee.











                                                              849

         1                      THE SECRETARY:  Senator Volker,

         2       from the Committee on Codes, reports the

         3       following bill directly for third reading:

         4                      Senate Bill Number 1533, by

         5       Senator Spano and others, an act to amend the

         6       Penal Law, in relation to providing controlled

         7       substances to persons less than 16 years old.

         8                      Senator Farley, from the

         9       Committee on Banks, reports the following bills

        10       directly for third reading:

        11                      Senate Bill Number 1593, by

        12       Senator Farley, an act to amend the Banking Law,

        13       in relation to the licensing of money

        14       transmitters;

        15                      Senate Bill Number 1699, by

        16       Senator Farley, Banking Law, in relation to

        17       permitting expanded investments by savings

        18       banks;

        19                      And Senate Bill Number 1922, by

        20       Senator Farley and others, an act to amend

        21       Chapter 883 of the Laws of 1980, amending the

        22       Banking Law generally.

        23                      All bills reported directly for











                                                              850

         1       third reading.

         2                      ACTING PRESIDENT FARLEY:  All

         3       bills are reported directly to third reading.

         4                      Senator Present.

         5                      SENATOR PRESENT:  Mr. President,

         6       I move we recess awaiting the report of another

         7       standing committee, at which time we will

         8       reconvene and receive that report, adjourn until

         9       Monday, March 8th, at 2:30 p.m.

        10                      ACTING PRESIDENT FARLEY:  The

        11       Senate will stand in recess awaiting the report

        12       of -

        13                      SENATOR PRESENT:  Intervening

        14       days will be legislative days.

        15                      ACTING PRESIDENT FARLEY:  Anyway

        16       let me start again.  The Senate will stand in

        17       recess awaiting the report of a standing

        18       committee and receiving that report we will

        19       adjourn until Monday at the regular hour,

        20       intervening legislative days.

        21                      The Senate stands in recess.

        22                      SENATOR MENDEZ:  Mr. President.

        23                      ACTING PRESIDENT FARLEY:  Senator











                                                              851

         1       Mendez.

         2                      SENATOR MENDEZ:  Mr. President,

         3       I'm requesting unanimous consent to be recorded

         4       in the negative on Calendar Number 1 -- 118.

         5                      ACTING PRESIDENT FARLEY:  119, is

         6       it?

         7                      SENATOR MENDEZ:  118.

         8                      ACTING PRESIDENT FARLEY:  113?

         9                      SENATOR MENDEZ:  '18, my dear.

        10                      ACTING PRESIDENT FARLEY:  118.

        11       Without objection, you're in the negative on

        12       Calendar 118.  Thank you.

        13                      SENATOR MENDEZ:  Thank you.

        14                      (At 12:41 p.m., the Senate

        15       recessed until 12:47 p.m.)

        16                      SENATOR PRESENT:  Mr. President.

        17                      ACTING PRESIDENT FARLEY:  Senator

        18       Halperin.

        19                      SENATOR HALPERIN:  Mr. President,

        20       on Calendar Number 118, Senate Bill 125, I would

        21       like my name recorded in the negative, please.

        22                      ACTING PRESIDENT FARLEY:  Without

        23       objection, Senator Halperin will be in the











                                                              852

         1       negative.

         2                      SENATOR HALPERIN:  Thank you, Mr.

         3       President.

         4                      ACTING PRESIDENT FARLEY:  Senator

         5       Present, you want to be in the positive.

         6                      SENATOR PRESENT:  I think I'm

         7       already there.

         8                      ....At 12:59 p.m....

         9                      ACTING PRESIDENT FARLEY:  Senator

        10       Present.

        11                      SENATOR PRESENT:  Mr. President,

        12       may we return to reports of standing committees,

        13       please.

        14                      ACTING PRESIDENT FARLEY:  We have

        15       a report of a standing committee.  Secretary

        16       will read it.

        17                      THE SECRETARY:  Senator Hannon,

        18       from the Committee on Housing and Community

        19       Development, reports the following bills

        20       directly for third reading:

        21                      Senate Bill 276, by Senator

        22       Hannon, an act to amend the Public Housing Law;

        23                      277, by Senator Hannon,











                                                              853

         1       Administrative Code of the city of New York;

         2                      644, by Senators Hannon and Levy,

         3       Emergency Tenant Protection Act; and also Senate

         4       Bill Number 1129, by Senator Sears, an act to

         5       amend the Executive Law.

         6                      All bills reported directly for

         7       third reading.

         8                      ACTING PRESIDENT FARLEY:  All

         9       bills reported directly to third reading.

        10                      The Senate will stand adjourned,

        11       or do you have something else, Senator Present?

        12                      SENATOR PRESENT:  Let me read it

        13       in full, Mr. President.

        14                      Mr. President, there being no

        15       further business, I move that we adjourn until

        16       Monday, March 8th, 2:30 p.m., intervening days

        17       be legislative days.

        18                      ACTING PRESIDENT FARLEY:  The

        19       Senate will stand adjourned until Monday at 2:30

        20       p.m., intervening legislative days.

        21                      (Whereupon at 1:01 p.m., the

        22       Senate adjourned.)

        23