Regular Session - March 2, 1993

                                                                  751

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         9                       ALBANY, NEW YORK

        10                         March  2, 1993

        11                         10:00 a.m.

        12

        13

        14                       REGULAR SESSION

        15

        16

        17

        18       SENATOR HUGH T. FARLEY, Acting President

        19       STEPHEN F. SLOAN, Secretary

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        21

        22

        23











                                                              752

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

         2                      ACTING PRESIDENT FARLEY:  Senate

         3       will come to order.  Senators will find their

         4       seats.

         5                      If you will please rise with me

         6       for the Pledge of Allegiance to the Flag.

         7                      (Whereupon, the Senate joined in

         8       the Pledge of Allegiance to the Flag. )

         9                      Today, in the absence of clergy,

        10       if we will bow our heads in a moment of silent

        11       prayer.

        12                      (Whereupon, there was a moment of

        13       silence. )

        14                      Secretary will begin by reading

        15       the Journal.

        16                      THE SECRETARY:  In Senate,

        17       Monday, March 1.  The Senate met pursuant to

        18       adjournment.  Senator Mega in the Chair upon

        19       designation of the Temporary President.  Prayer

        20       by the Reverend Finley Schaef of Brooklyn, New

        21       York.  The Journal of Friday, February 26, was

        22       read and approved.  On motion, Senate adjourned.

        23                      ACTING PRESIDENT FARLEY:  Hearing











                                                              753

         1       no objection, the Journal will stand approved as

         2       read.

         3                      The order of business:

         4                      Presentation of petitions.

         5                      Messages from the Assembly.

         6                      Messages from the Governor.

         7                      Reports of standing committees.

         8                      We have a report of a standing

         9       committee.  Secretary will read it.

        10                      THE SECRETARY:  Senator Stafford,

        11       from the Committee on Finance, reports the

        12       following nominations:

        13                      Member of the Fire Fighting and

        14       Code Enforcement Personnel Standards and

        15       Education Commission, Francis J. Quinlan of

        16       Cortland.

        17                      Member of the Mental Health

        18       Services Council, John M. Morihisa, M.D., of

        19       Albany; James L. Stone of Webster; Steven B.

        20       Warren of Brooklyn.

        21                      Member of the Board of Visitors

        22       of the J. N. Adam Developmental Disabilities

        23       Services Office, Pamela D. Burgoon of











                                                              754

         1       Forestville.

         2                      Member of the Board of Visitors

         3       of the Central Islip Psychiatric Center, Yetta

         4       Cherry of Central Islip; and Maria T.

         5       Re-Kilmartin of Middle Island.

         6                      Member of the Board of Visitors

         7       of Broome Developmental Disabilities Services

         8       Office, Vincent A. DeMaio of Binghamton; and

         9       Kathryn M. Paddock of Binghamton.

        10                      Member of the Board of Visitors

        11       of the Capital District Psychiatric Center,

        12       Florence Frazier of Albany.

        13                      Member of the Board of Visitors

        14       of the Wilton Developmental Disabilities

        15       Services Office, George C. Frost of South Glens

        16       Falls.

        17                      Member of the Board of Visitors

        18       of the Newark Developmental Disabilities

        19       Services Office, Thomas F. Healy of Newark.

        20                      Member of the Board of Visitors

        21       of the Sagamore Children's Psychiatric Center,

        22       Edward Hernandez of Farmingville.

        23                      Member of the Board of Visitors











                                                              755

         1       of the Manhattan Children's Psychiatric Center,

         2       Verna O. Hobson of New York City; and Marlin R.

         3       Mattson, M.D., of New York City.

         4                      Member of the Board of Visitors

         5       of the Sunmount Developmental Disabilities

         6       Services Office, Colleen D. McNerney of Saranac

         7       Lake.

         8                      Member of the Board of Visitors

         9       of the Oswald D. Heck Developmental Disabilities

        10       Services Office, Alice Mose of Scotia.

        11                      Member of the Board of Visitors

        12       of the St. Lawrence Psychiatric Center, Nancy L.

        13       Reich of Paul Smiths.

        14                      Member of the Board of Visitors

        15       of the Monroe Developmental Disabilities

        16       Services Offices, Marion Wakes of Rochester.

        17                      ACTING PRESIDENT FARLEY:  On the

        18       nominations.  All those in favor, aye.

        19                      (Response of "Aye.")

        20                      Those opposed, nay.

        21                      (There was no response. )

        22                      The nominees are confirmed.

        23                      We have a report from the











                                                              756

         1       Committee on Finance.  The Secretary will read

         2       it.

         3                      THE SECRETARY:  Senator Stafford,

         4       from the Committee on Finance, reports the

         5       following bill directly for third reading:

         6                      Budget Bill, Senate Bill Number

         7       2437, an act to amend Chapters 50, 52, 53 and 54

         8       of the Laws of 1992, making appropriations for

         9       the support of government and to amend the

        10       Education Law.

        11                      ACTING PRESIDENT FARLEY:  Without

        12       objection, third reading.

        13                      THE SECRETARY:  Senator Stafford

        14       moves to discharge the Committee on Finance from

        15       Assembly Bill Number 4052 and substitute it for

        16       the identical Senate Bill Number 2437.

        17                      ACTING PRESIDENT FARLEY:

        18       Substitution is ordered.

        19                      Senator Present, would you like

        20       to have its third reading at this time?

        21                      SENATOR PRESENT:  No, Mr.

        22       President.  I move that we adopt the resolutions

        23       calendar.











                                                              757

         1                      ACTING PRESIDENT FARLEY:  Okay.

         2       Secretary will read the resolution calendar.

         3       All in favor of adopting the resolution

         4       calendar, say aye.

         5                      (Response of "Aye.")

         6                      Those opposed, nay.

         7                      (There was no response. )

         8                      The resolution calendar is

         9       adopted.

        10                      Senator Leichter.

        11                      SENATOR LEICHTER:  Mr.

        12       President.  On behalf of Senator Solomon, I move

        13       that the following bills be discharged from

        14       their respective committees and be recommitted

        15       with instructions to strike the enacting clause:

        16       Senate Print Number 2443.

        17                      ACTING PRESIDENT FARLEY:  Without

        18       objection.

        19                      SENATOR LEICHTER:  And on behalf

        20       of Senator Waldon, I move that the following

        21       bill be discharged from its respective committee

        22       and be recommitted with instruction to strike

        23       the in acting clause: Senate Print Number 1889.











                                                              758

         1                      ACTING PRESIDENT FARLEY:  Without

         2       objection, Senator Leichter.

         3                      We have some more reports of

         4       standing committees.  Senator Present, would you

         5       like us to do those now?

         6                      SENATOR PRESENT:  Please.

         7                      ACTING PRESIDENT FARLEY:  All

         8       right.

         9                      THE SECRETARY:  Senator Stafford,

        10       from the Committee on Finance, reports the

        11       following bills directly for third reading:

        12                      Senate Bill Number 1208, by

        13       Senator Padavan, an act to amend the State

        14       Finance Law and the General Municipal Law.

        15                      Also Senate Bill Number 1333, by

        16       Senator Bruno, an act to re-distribute 1993 bond

        17       volume allocations.

        18                      Senator Tully, from the Committee

        19       on Health, reports the following bills directly

        20       for third reading:

        21                      Senate Bill Number 263, by

        22       Senator Holland, Public Health Law, in relation

        23       to Medicare distinct parts in nursing











                                                              759

         1       facilities.

         2                      Also, Senate Bill Number 961, by

         3       Senator Tully, Public Health Law, in relation to

         4       the establishment of a special care program for

         5       long-term care.

         6                      Senator Larkin, from the

         7       Committee on Local Government, reports the

         8       following bills directly for third reading:

         9                      Senate Bill Number 219, by

        10       Senator Farley, an act to amend the County Law,

        11       in relation to county office hours of work.

        12                      Senate Bill Number 342, by

        13       Senator Farley and others, Real Property Tax

        14       Law.

        15                      Senate 371, by Senator Bruno and

        16       others, Real Property Tax Law.

        17                      Senate Bill Number 434, by

        18       Senator Stafford, General Municipal Law,

        19       authorizing participation for public benefit

        20       corporations.

        21                      438, by Senator Stafford and

        22       others, Real Property Tax Law.

        23                      574, by Senators Cook and











                                                              760

         1       DeFrancisco, General Municipal Law, New York

         2       Planning Federation.

         3                      Senate bill 909, by Senators

         4       Johnson and others, Real Property Tax Law,

         5       capital improvements in certain counties.

         6                      Senate Bill Number 1153, by

         7       Senator Larkin, Real Property Tax Law, certain

         8       state lands, Orange County.

         9                      Senator Cook, from the Committee

        10       on Education, reports the following bills

        11       directly for third reading:

        12                      Senate Bill Number 125, by

        13       Senator Padavan, Education Law, in relation to

        14       empowering community boards of community school

        15       districts.

        16                      1181, by Senator Farley and

        17       others, Education Law, the funding of certain

        18       libraries.

        19                      1652, by Senator Cook and others,

        20       Education Law.

        21                      1654, by Senator Cook and others,

        22       Education Law.

        23                      2014, by Senator Farley and











                                                              761

         1       others, Education Law.

         2                      Senator Skelos, from the

         3       Committee on Aging, reports the following bills

         4       directly for third reading: Senate Bill Number

         5       1605, by Senator Skelos and others, Public

         6       Health Law and the Correction Law.

         7                      1861, by Senator Padavan, Real

         8       Property Tax Law, property occupied by senior

         9       citizens.

        10                      1984, by Senator Skelos and

        11       others, Real Property Tax Law.

        12                      1986, by Senator Skelos and

        13       others, Real Property Tax Law.

        14                      2191, by Senator Farley,

        15       Education Law, university trustees.

        16                      Senator Mega, from the Committee

        17       on Judiciary, reports the following bills

        18       directly for third reading:

        19                      Senate bill 1198, by Senator

        20       Mega, an act to amend the debtor and creditor

        21       law.

        22                      1244, by Senators Johnson and

        23       Daly, proposing amendments to the constitution.











                                                              762

         1                      1552, by Senator Saland, Family

         2       Court Act and the Criminal Procedure Law.

         3                      1664, by Senator Farley and

         4       others, Judiciary Law.

         5                      1938, by Senator Mega, Judiciary

         6       Law, the Not-for-Profit Corporation Law.

         7                      Senate bill 1939, by Senator

         8       Mega, Court of Claims Act.

         9                      Senator Saland, from the

        10       Committee on Children and Families, reports the

        11       following bills directly for third reading:

        12                      Senate Bill Number 950, by

        13       Senator Skelos and others, Family Court Act and

        14       the Criminal Procedure Law.

        15                      983, by Senator Mega and others,

        16       an act to amend the Executive Law.

        17                      2242, by Senator Saland, Domestic

        18       Relations Law.

        19                      2245, by Senator Saland,

        20       Executive Law.

        21                      2363, by Senator Saland, an act

        22       to amend the Social Services Law.

        23                      Senator Lack, from the Committee











                                                              763

         1       on Labor, reports the following bills directly

         2       for third reading:

         3                      Senate Bill Number 2179, by

         4       Senator Lack, Workers' Compensation Law.

         5                      2184, by Senator Lack, an act to

         6       amend the Labor Law.

         7                      2387, by Senator Lack, an act to

         8       amend the Labor Law.

         9                      Senator Levy, from the Committee

        10       on Transportation, reports the following bills

        11       directly for third reading:

        12                      Senate Bill Number 533, by

        13       Senator Johnson and others, Vehicle and Traffic

        14       Law.

        15                      785, by Senator Levy, Vehicle and

        16       Traffic Law.

        17                      1897, by Senator Sheffer, an act

        18       to amend the Highway Law.

        19                      1942, by Senator Larkin and

        20       others, Vehicle and Traffic Law.

        21                      2135, by Senator Padavan, an act

        22       to amend the Vehicle and Traffic Law.

        23                      Senator Volker, from the











                                                              764

         1       Committee on Codes, reports the following bills

         2       directly for third reading:

         3                      234, by Senator Tully and others,

         4       an act to amend the Penal Law.

         5                      1055, by Senator Mega and others,

         6       Criminal Procedure Law.

         7                      1138, by Senator Volker, an act

         8       to amend the Penal Law.

         9                      1305, by Senator Levy and others,

        10       Criminal Procedure Law.

        11                      1554, by Senator Saland, Criminal

        12       Procedure Law.

        13                      2025, by Senator Volker, Civil

        14       Practice Law and Rules.

        15                      2063, by Senator Present and

        16       others, Criminal Procedure Law.

        17                      2153, by Senators Johnson and

        18       Levy, Criminal Procedure Law.

        19                      2157, by Senator Mega and others,

        20       an act to amend the Penal Law.

        21                      2173, by Senators Volker and

        22       others, an act to amend the Penal Law.

        23                      Senator Johnson, from the











                                                              765

         1       Committee on Environmental Conservation, reports

         2       the following bills directly for third reading:

         3                      Senate Bill Number 661, by

         4       Senator Johnson and others, Environmental

         5       Conservation Law.

         6                      783, by Senator Johnson and

         7       others, Environmental Conservation Law.

         8                      955, by Senator Stafford,

         9       Environmental Conservation Law.

        10                      1303, by Senator Johnson and

        11       others, Environmental Conservation Law.

        12                      1326, by Senator Johnson and

        13       others, Environmental Conservation Law.

        14                      1795, by Senator Johnson and

        15       others, Environmental Conservation Law.

        16                      Senator Maltese, from the

        17       Committee on Crime Victims, Crime and

        18       Correction, reports the following bills directly

        19       for third reading:

        20                      Senate 245, by Senator Padavan,

        21       Executive Law.

        22                      2112, by Senator Maltese, an act

        23       to amend the Correction Law.











                                                              766

         1                      And, 2114, by Senator Maltese, to

         2       repeal Section 114A of the Correction Law.

         3                      All bills reported directly for

         4       third reading.

         5                      ACTING PRESIDENT FARLEY:  All

         6       bills are reported directly to third reading.

         7                      SENATOR GOLD:  Mr. President.

         8                      ACTING PRESIDENT FARLEY:  Senator

         9       Gold.

        10                      SENATOR GOLD:  Mr. President.  On

        11       behalf of Senator Mendez, could I offer up this

        12       privileged resolution, just ask that the title

        13       be read and have it acted on.

        14                      ACTING PRESIDENT FARLEY:

        15       Secretary will read Senator Mendez' privileged

        16       resolution.

        17                      THE SECRETARY:  By Senator

        18       Mendez, Legislative Resolution honoring Mrs.

        19       Sandra Ruiz and Mr. Cerefino Narvaez-Ortiz upon

        20       the occasion of their designation for special

        21       recognition on Saturday, March 6, 1993.

        22                      SENATOR GOLD:  May we act upon

        23       that.











                                                              767

         1                      ACTING PRESIDENT FARLEY:  Senator

         2       Gold.

         3                      SENATOR GOLD:  May we act upon

         4       the resolution?

         5                      ACTING PRESIDENT FARLEY:  Yes.

         6       All those in favor of the resolution, say aye.

         7                      (Response of "Aye.")

         8                      Those opposed, nay.

         9                      (There was no response. )

        10                      The resolution is unanimously

        11       adopted.

        12                      Any other motions on the floor?

        13                      Hearing none, Senator Present, I

        14       guess we're ready for the calendar if you are.

        15                      SENATOR PRESENT:  I'm ready.

        16       Let's take it up.

        17                      ACTING PRESIDENT FARLEY:  Okay.

        18       Secretary will start, noncontroversial.

        19                      THE SECRETARY:  On page 6,

        20       Calendar Number 93.

        21                      SENATOR PRESENT:  Lay it aside

        22       for the day.

        23                      ACTING PRESIDENT FARLEY:  Lay it











                                                              768

         1       aside for today.

         2                      THE SECRETARY:  Calendar Number

         3       94, by Senator Levy, Senate Bill Number 68, an

         4       act to amend the Vehicle and Traffic Law, in

         5       relation to require certain information on

         6       disabled children.

         7                      ACTING PRESIDENT FARLEY:  Read

         8       the last section.

         9                      THE SECRETARY:  Section 2.  This

        10       act shall take effect immediately.

        11                      ACTING PRESIDENT FARLEY:  Call

        12       the roll.

        13                      (The Secretary called the roll. )

        14                      THE SECRETARY:  Ayes 49.

        15                      ACTING PRESIDENT FARLEY:  The

        16       bill is passed.

        17                      THE SECRETARY:  Calendar Number

        18       95, by Senator Levy, Senate Bill Number 75, an

        19       act to amend the Railroad Law.

        20                      ACTING PRESIDENT FARLEY:  Read

        21       the last section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect immediately.











                                                              769

         1                      ACTING PRESIDENT FARLEY:  Call

         2       the roll.

         3                      (The Secretary called the roll. )

         4                      THE SECRETARY:  Ayes 49.

         5                      ACTING PRESIDENT FARLEY:  The

         6       bill is passed.

         7                      THE SECRETARY:  Calendar Number

         8       96, by Senator Levy, Senate Bill Number 79, an

         9       act to amend the Vehicle and Traffic Law and the

        10       Education Law.

        11                      ACTING PRESIDENT FARLEY:  There

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

        13                      Read 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:  Those recorded in

        20       the negative on Calendar Number 96 are Senators

        21       Daly, DeFrancisco, Farley, Johnson, Kuhl,

        22       Larkin, Libous, Maltese, Nozzolio, Present,

        23       Seward and Wright, also Senator Cook, also











                                                              770

         1       Senator Bruno.  Ayes 36.  Nays 14.

         2                      ACTING PRESIDENT FARLEY:  The

         3       bill is passed.

         4                      THE SECRETARY:  Calendar Number

         5       97, by Senator Levy, Senate Bill Number 190, an

         6       act to amend the Vehicle and Traffic Law.

         7                      ACTING PRESIDENT FARLEY:  Read

         8       the last section.

         9                      THE SECRETARY:  Section 2.  This

        10       act shall take effect immediately.

        11                      ACTING PRESIDENT FARLEY:  Call

        12       the roll.

        13                      (The Secretary called the roll. )

        14                      THE SECRETARY:  Ayes 51.

        15                      ACTING PRESIDENT FARLEY:  The

        16       bill is passed.

        17                      THE SECRETARY:  Calendar Number

        18       98, by Senator Johnson, Senate Bill Number 1189,

        19       an act to amend the Vehicle and Traffic Law.

        20                      ACTING PRESIDENT FARLEY:  Read

        21       the last section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect immediately.











                                                              771

         1                      ACTING PRESIDENT FARLEY:  Call

         2       the roll.

         3                      (The Secretary called the roll. )

         4                      THE SECRETARY:  Ayes 51.

         5                      ACTING PRESIDENT FARLEY:  The

         6       bill is passed.

         7                      THE SECRETARY:  Calendar Number

         8       99, by Senator Levy, Senate Bill Number 1308, an

         9       act to amend the Vehicle and Traffic 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 52.

        18                      ACTING PRESIDENT FARLEY:  The

        19       bill is passed.

        20                      SENATOR DALY:  Mr. President.

        21                      ACTING PRESIDENT FARLEY:  Senator

        22       Daly.

        23                      SENATOR DALY:  May I be voted in











                                                              772

         1       the negative on Calendar Number 94, Print Number

         2       68.

         3                      ACTING PRESIDENT FARLEY:  Senator

         4       Daly will be in the negative on Senator Levy's

         5       bill, Calendar Number 94.

         6                      Senator Hoffmann.

         7                      SENATOR HOFFMANN:  I would

         8       request unanimous consent to be recorded in the

         9       negative on Calendar 94, also.

        10                      ACTING PRESIDENT FARLEY:  Senator

        11       Hoffmann is in the negative on Calendar Number

        12       94.

        13                      SENATOR SEWARD:  Mr. President.

        14       I also would like to be recorded in the negative

        15       on Calendar Number 94.

        16                      ACTING PRESIDENT FARLEY:  Senator

        17       Seward in the negative on Calendar Number 94.

        18                      SENATOR SEARS:  Mr. President.

        19                      ACTING PRESIDENT FARLEY:  Senator

        20       Sears.

        21                      SENATOR SEARS:  I would like to

        22       be recorded in the negative on Calendar Number

        23       94.











                                                              773

         1                      ACTING PRESIDENT FARLEY:  94.

         2                      THE SECRETARY:  Calendar Number

         3       100, by Senator Sears, Senate Bill Number 1911,

         4       an act to amend the Vehicle and Traffic 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 52.

        13                      ACTING PRESIDENT FARLEY:  The

        14       bill is passed.

        15                      THE SECRETARY:  Calendar Number

        16       103, by Senator Wright, Senate Bill Number 238,

        17       State Administrative Procedure Act.

        18                      ACTING PRESIDENT FARLEY:  Read

        19       the last section.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect immediately.

        22                      ACTING PRESIDENT FARLEY:  Call

        23       the roll.











                                                              774

         1                      (The Secretary called the roll.)

         2                      THE SECRETARY:  Ayes 52.

         3                      ACTING PRESIDENT FARLEY:  The

         4       bill is passed.

         5                      THE SECRETARY:  104, by Senator

         6       Wright, Senate Bill Number 2389, State

         7       Administrative Procedure Act.

         8                      ACTING PRESIDENT FARLEY:  Read

         9       the last section.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect immediately.

        12                      ACTING PRESIDENT FARLEY:  Call

        13       the roll.

        14                      (The Secretary called the roll. )

        15                      THE SECRETARY:  Ayes 53.

        16                      ACTING PRESIDENT FARLEY:  The

        17       bill is passed.

        18                      Congratulations, Senator Wright.

        19       It's his first bill.

        20                      THE SECRETARY:  Calendar Number

        21       105, substituted earlier today, Assembly Budget

        22       Bill, Assembly Bill Number 4052, amends Chapter

        23       50, 52, 53 and 54 of the Laws of 1992, making











                                                              775

         1       appropriations for the support of government.

         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 53.

        10                      ACTING PRESIDENT FARLEY:  The

        11       bill is passed.

        12                      Senator Holland.

        13                      SENATOR HOLLAND:  With unanimous

        14       consent, I would like to be recorded in the

        15       negative on Calendars 94 and 96.

        16                      ACTING PRESIDENT FARLEY:  Senator

        17       Holland will be in the negative on Calendar 94

        18       and 96.

        19                      Senator Sears.

        20                      SENATOR SEARS:  On Calendar

        21       Number 96, would you record me in the negative,

        22       please.

        23                      ACTING PRESIDENT FARLEY:  Senator











                                                              776

         1       Sears will be in the negative.

         2                      SENATOR DALY:  Mr. President.

         3                      ACTING PRESIDENT FARLEY:  Senator

         4       Daly.

         5                      SENATOR DALY:  Would you star

         6       Calendar Number 93, Print Number Calendar Number

         7       1106 for amendment, please.

         8                      ACTING PRESIDENT FARLEY:

         9       Calendar Number 93 is starred at the request of

        10       the sponsor.  Senator Hoffmann.

        11                      SENATOR HOFFMANN:  Mr.

        12       President.  How am I recorded on Calendar 96?

        13                      ACTING PRESIDENT FARLEY:  I think

        14       you are in the affirmative, but we'll check it.

        15                      SENATOR HOFFMANN:  I believe I

        16       wanted to be recorded in the negative.

        17                      ACTING PRESIDENT FARLEY:  Senator

        18       Hoffmann will be in the negative on Calendar

        19       Number 96.

        20                      SENATOR HOFFMANN:  Thank you, Mr.

        21       President.

        22                      ACTING PRESIDENT FARLEY:  Senator

        23       Present.











                                                              777

         1                      SENATOR PRESENT:  Mr. President,

         2       I would ask that we stand at ease for a few

         3       minutes.

         4                      ACTING PRESIDENT FARLEY:  Senate

         5       will stand at ease.

         6                      (Whereupon, at 4:16 p.m., Senate

         7       was at ease. )

         8                      (Whereupon, at 5:35 p.m., Senate

         9       reconvened.)

        10                      ACTING PRESIDENT FARLEY:  Senator

        11       Present.

        12                      SENATOR PRESENT:  Mr. President,

        13       can we return to the reports of standing

        14       committees.

        15                      ACTING PRESIDENT FARLEY:

        16       Secretary will read a report of a standing

        17       committee.

        18                      THE SECRETARY:  Senator Goodman,

        19       from the Committee on Investigations, Taxation

        20       and Government Operations, reports the following

        21       bills directly for third reading:

        22                      Senate Bill Number 34, by Senator

        23       Holland, authorize the Broad Acres Golf Course











                                                              778

         1       to have a right of first refusal on a lease of

         2       lands.

         3                      Senate Bill Number 372, by

         4       Senator Farley and others, Alcoholic Beverage

         5       Control Law, in relation to brewers' licenses.

         6                      441, by Senator Stafford and

         7       others, an act to amend the Tax Law.

         8                      1257, by Senator Goodman,

         9       Alcoholic Beverage Control Law, in relation to

        10       information required in license or permit

        11       applications.

        12                      And also, Senate Bill Number

        13       1958, by Senator Goodman, an act to amend the

        14       Tax Law and the Penal Law, in relation to taxing

        15       controlled substances.

        16                      All bills reported directly for

        17       third reading.

        18                      ACTING PRESIDENT FARLEY:  All

        19       bills directly for third reading.

        20                      Senator Montgomery.

        21                      SENATOR MONTGOMERY:  Mr.

        22       President.  Pursuant to Section 202 of the

        23       Education Law, I would like to offer the











                                                              779

         1       resolution for Regent Adelaide Luvenia Sanford.

         2                      ACTING PRESIDENT FARLEY:

         3       Secretary will read the resolution.

         4                      THE SECRETARY:  Concurrent

         5       Resolution, by Senator Montgomery and others,

         6       Concurrent Resolution of the Senate and Assembly

         7       providing for the reelection of Adelaide L.

         8       Sanford as Regent-at-Large of the University of

         9       the state of New York.

        10                      ACTING PRESIDENT FARLEY:  We will

        11       substitute the resolution from the Assembly now.

        12                      THE SECRETARY:  The Assembly sent

        13       for concurrence the following resolution:

        14                      Assembly Resolution Number 405,

        15       Concurrent Resolution of the Senate and

        16       Assembly, providing for the reelection of

        17       Adelaide L. Sanford, a Regent-at-Large.

        18                      ACTING PRESIDENT FARLEY:  The

        19       Assembly resolution is substituted.

        20                      Senator Montgomery, do you wish

        21       to speak to it?

        22                      SENATOR MONTGOMERY:  Yes.  Thank

        23       you, Mr. President.  It is an honor and indeed a











                                                              780

         1       pleasure to be able to stand here to speak on

         2       this most significant occasion, and that is to

         3       have this Legislature vote on the reappointment

         4       of Regent Sanford.  She has, without question,

         5       been such a star, such a resource, a person with

         6       vision, a person with courage and understanding

         7       and sensitivity to the needs of children in the

         8       state of New York across the entire state.

         9                      While she hails from downstate,

        10       quote, unquote, or New York City specifically,

        11       and though she has spent most of her, if not all

        12       of her professional career working with children

        13       in the inner city, she nonetheless has traveled

        14       throughout the state visiting schools in rural

        15       areas, visiting schools in small towns and

        16       villages in upstate and has expressed as much

        17       concern and interest and caring about the

        18       problem and the children in situations in those

        19       places as she has in her own city of New York.

        20                      So I am very honored to have been

        21       one of the people to propose her nomination

        22       initially seven years ago, and I am indeed

        23       honored to be able to stand here today and speak











                                                              781

         1       on her behalf after she has shown, without

         2       question, proven to us, that our trust in her

         3       was very wise.  She is capable.  She is

         4       committed.  She is courageous.  And I think that

         5       it's one of the best things that has happened to

         6       education in the state of New York, the initial

         7       appointment by this body and now as we prepare

         8       to reappoint her to the Board of Regents.

         9                      So, Mr. President, I thank you

        10       for this opportunity and I hope that all of my

        11       colleagues will be as enthusiastic in voting for

        12       her as I certainly will be.

        13                      ACTING PRESIDENT FARLEY:  Senator

        14       Smith.

        15                      SENATOR SMITH:  Thank you, Mr.

        16       President.  It is with great pleasure that I

        17       rise to second the nomination of Adelaide

        18       Sanford.  I regret that when she was first

        19       appointed I was not a member of this august

        20       body, and now that I have moved into the county

        21       of Queens and Adelaide Sanford hails from the

        22       county of Queens, it is more of a pleasure to be

        23       able to do so.











                                                              782

         1                      I don't need to stand here and

         2       tell you about all that she's done as a Regent.

         3       Her history precedes her as an educator, and she

         4       has brought dignity to the position of Regent

         5       and has made information available to

         6       communities such as the one that I represent.  I

         7       hail her for that, and I look forward to seeing

         8       her in that role for many more years to come.

         9                      Thank you.

        10                      ACTING PRESIDENT FARLEY:  Senator

        11       Markowitz.

        12                      SENATOR MARKOWITZ:  Thank you

        13       very much.  I just want to share both the

        14       opinion of Senator Smith and Senator

        15       Montgomery.  I have known Adelaide Sanford for

        16       some time, as well.

        17                      And I have to tell you that she

        18       brings an extraordinary sense of passion to her

        19       mission in terms of providing the finest quality

        20       of education, especially for lower income and

        21       more moderate income students of New York State

        22       and, in particular -- I know I have been to many

        23       workshops and seminars with her, and her passion











                                                              783

         1       and concern in advancing the education of all

         2       the children in the state with a particular

         3       devotion, I believe, and we're not ashamed of

         4       saying -- we're proud of saying -- to African

         5       American children who are a very large part of

         6       the public education system in the city and

         7       state of New York.

         8                      Secondly, you should know that

         9       when I get phone calls, many from the leading

        10       church ministers in our districts, I must tell

        11       you that she has an enormous popularity with the

        12       organized church.  I can think of Reverend Jones

        13       of Bethany Baptist that I wish was in my

        14       district but is in Senator Montgomery's

        15       district, but we know when Reverend Jones and

        16       his colleagues get on the case, we better

        17       follow.

        18                      So I'm delighted to

        19       enthusiastically endorse this nominee.

        20                      ACTING PRESIDENT FARLEY:  Senator

        21       Paterson.

        22                      SENATOR PATERSON:  Thank you, Mr.

        23       President.  I want to lend my voice to those who











                                                              784

         1       are supporting a new term for Regent Adelaide

         2       Sanford, who has expanded the meaning of what a

         3       member of the New York State Board of Regents

         4       responsibilities are.

         5                      She has been an architect in the

         6       field of multi-cultural education.  She has been

         7       a protagonist for the idea of historical

         8       preservation.  Just recently, I went to the

         9       opening of a house that she and two friends of

        10       hers renovated at 286 Convent Avenue and 141st

        11       Street in my district which they want to use as

        12       a historic center for the children of that

        13       particular neighborhood.

        14                      And so it is the wide range of

        15       areas that her role as a Regent has carried her

        16        -- she has worked with the New York State

        17       National Historic Trust.  And I think that from

        18       her speeches, one that was made in the Assembly

        19       chamber on the week end of Black and Puerto

        20       Rican Legislative Caucus activities at the

        21       women's luncheon and also a speech that she made

        22       before a parent teachers organization in Suffolk

        23       County that was aired on ABC television,











                                                              785

         1       demonstrate how dynamic and articulate and

         2       perceptive she is.

         3                      She's an innovator, a person who

         4       looks at the world through an entirely different

         5       prism, one that I'm sure some who will vote for

         6       her confirmation may not always agree with, but

         7       will always have respect for the articulate, the

         8       courageous way that she takes stands on

         9       particular issues.  There is no better person

        10       that we could be nominating today.

        11                      And I'd like to thank Senator

        12       Velmanette Montgomery, who introduced me to

        13       Adelaide Sanford before she was a Regent in

        14       1986.  I think she is one of the most

        15       outstanding individuals I have ever worked with

        16       and truly a hero of our time, somebody who we

        17       will confirm today but I think will be

        18       remembered for many years as the catalyst for a

        19       whole new way of thinking in terms of educating

        20       children; the perception that education's

        21       derivative means to "lead out", and that

        22       children need to be led away from the menaces

        23       such as teen-age pregnancy, substance abuse and











                                                              786

         1       the dropout rate into productive training and

         2       into a quality of life far superior than it may

         3       have been before Regent Adelaide Sanford entered

         4       their lives.

         5                      ACTING PRESIDENT FARLEY:  Senator

         6       Waldon.

         7                      SENATOR WALDON:  Thank you very

         8       much, Mr. President.  I'll be brief.

         9                      Adelaide Sanford is a

        10       constituent, a neighbor and friend, and I'm

        11       proud to second the nomination of the proposal

        12       of Senator Velmanette Montgomery.

        13                      I'm most proud simply because

        14       this lady has a dignity that I have not often

        15       seen in life.  We know when someone has

        16       charisma, and we know when someone has presence;

        17       and when you are in the presence of Adelaide

        18       Sanford you can truly understand dignity.

        19                      She causes all of us, whether we

        20       be black or white, Jew Or gentile, in this state

        21       to be proud of that calling called education.

        22       She approaches it with seriousness.  She

        23       approaches it with commitment.  And she is truly











                                                              787

         1       loving and caring regarding the children of this

         2       state no matter who they are.

         3                      And I will remember her for her

         4       gifts to the children, for her achievements on

         5       behalf of the children, but also because,

         6       through the fact that she is such a dignified

         7       lady, she causes all of us to be more dignified

         8       once we've gotten to know her and have had the

         9       opportunity to be in her presence.

        10                      Thank you, Mr. President.

        11                      ACTING PRESIDENT FARLEY:  On the

        12       confirmation of Adelaide Sanford for reelection

        13       as Regent-at-Large.

        14                      All in favor, say aye.

        15                      We got to call the roll on this.

        16       I'm sorry.

        17                      (Whereupon, the Secretary called

        18       the roll. )

        19                      THE SECRETARY:  Ayes 57.  Nays

        20       2.  Senators Pataki and Saland voting in the

        21       negative.

        22                      ACTING PRESIDENT FARLEY:  The

        23       resolution is adopted.











                                                              788

         1                      Secretary will read.

         2                      Senator Padavan.

         3                      SENATOR PADAVAN:  Thank you, Mr.

         4       President.  It's my pleasure to present before

         5       this body a resolution on behalf of the election

         6       of Dr. Saul Cohen as Regent-at-Large -- for

         7       Regent-at-Large, University of the state of New

         8       York.

         9                      ACTING PRESIDENT FARLEY:

        10       Secretary will read the resolution.

        11                      THE SECRETARY:  Concurrent

        12       Resolution, by Senator Padavan and others,

        13       Concurrent Resolution of the Senate and Assembly

        14       providing for the election of Saul Cohen as a

        15       Regent-at-Large of the University of the state

        16       of New York.

        17                      The Assembly sent for concurrence

        18       the following resolution: Assembly Resolution

        19       Number 407, Concurrent Resolution of the Senate

        20       and Assembly, providing for the election of Saul

        21       Cohen as Regent-at-Large for the University of

        22       the state of New York.

        23                      ACTING PRESIDENT FARLEY:  The











                                                              789

         1       Assembly substitution is ordered.

         2                      Senator Padavan.

         3                      SENATOR PADAVAN:  Thank you, Mr.

         4       President.  I would like to share with this body

         5       a little bit of the background of the individual

         6       whom we have before us as the nominee for this

         7       at-large position on the Board of Regents.

         8                      I first met Dr. Cohen in 1978

         9       when he was made president -- he assumed the

        10       presidency of the Queens College and also at

        11       that point in time became a resident of my

        12       district in Douglaston.  And over the following

        13       eight years, had the honor and pleasure of

        14       working with him as did all of my colleagues

        15       from Queens County on many, many projects

        16       involving not only the City University, not only

        17       Queens College, but many other aspects of

        18       activity and areas of concern involving both the

        19       city and the state.

        20                      Briefly, I would like to just

        21       give you a synopsis of his background.  After

        22       serving several years in World War II in the

        23       United States Army, he pursued an academic











                                                              790

         1       career which, to say the least, is impressive.

         2       His undergraduate work at Harvard, two degrees,

         3       graduate studies at Columbia and his Ph.D. at

         4       Harvard University.  I have in front of me five

         5       pages of publications, books and articles, that

         6       he has written, authored and published in wide

         7       ranging subjects, particularly in the area of

         8       geographic concern, geographic physics,

         9       geographic interests that are not only national

        10       in scope but international.

        11                      But beyond his academic

        12       achievements, his leadership in Queens College

        13       particularly advancing curriculums in the field

        14       of science, the development of a biophysics

        15       curriculum, the beginnings of a capital

        16       improvement program which provides today on the

        17       campus of Queens College a very impressive

        18       program and a new building dealings with biology

        19       and the sciences, he also was involved in many

        20       other activities important to those of us who

        21       live in New York City and certainly those of us

        22       in the state.  He served, for instance, on the

        23       commission dealing with decentralization.











                                                              791

         1       Appointed to that in 1989 and worked very hard

         2       in developing some very solid recommendations.

         3                      In the area of commercial

         4       industrial development, he served on the

         5       advisory board and on the commercial industrial

         6       incentive board which we created a number of

         7       years ago to provide incentives for businesses

         8       to locate, relocate and expand in New York City.

         9                      His honors are extensive from

        10       universities and colleges all over the world,

        11       Tel Aviv to, of course, Queens College with many

        12       honorary degrees as well as honors on behalf of

        13       those in his chosen fields of academic endeavor.

        14                      This is certainly a learned man.

        15       Certainly an individual whose credentials are

        16       the kind that we look toward when we look for

        17       someone to develop and to provide a stewardship

        18       in the educational system in this state.  But

        19       beyond all of that, beyond his very impressive

        20       academic background, his leadership in the field

        21       of education, my sense of the man was that he

        22       was a very human being -- he was the kind of

        23       human being we would all like to see dealing











                                                              792

         1       with the education of our children.  A concerned

         2       individual, an outgoing individual, welcomed you

         3       to his home, welcomed the community to his house

         4       in a fashion that made you feel that this person

         5       truly cared about the community in which he

         6       lived, the area in which he labored, and the

         7       people of this state.

         8                      And for that reason, in addition

         9       to all the other things that I have said and I'm

        10       sure others will want to say who have known him,

        11       this is truly an outstanding individual that we

        12       are about to elect to this body.

        13                      Thank you, Mr. President.

        14                      ACTING PRESIDENT FARLEY:  Senator

        15       LaValle.

        16                      SENATOR LAVALLE:  Yes.  Thank

        17       you, Mr. President.

        18                      ACTING PRESIDENT FARLEY:  Then

        19       Senator Gold, Senator Galiber.

        20                      SENATOR LAVALLE:  Mr. President.

        21       I rise to second this nomination.

        22                      And certainly Senator Padavan, I

        23       think, set the foundation in his remarks in











                                                              793

         1       talking about Dr. Cohen.  I got to meet Dr.

         2       Cohen when he was president at Queens College.

         3       But if you look through his resume, you will

         4       find that he was a member of the advisory

         5       committee of the Senate Higher Education

         6       Committee and a participating member of that

         7       advisory committee.

         8                      Senator Padavan pointed out that

         9       he is both a learned individual, was the

        10       president of Queens College and did just an

        11       outstanding job as its chief administrator.  But

        12       there are so many other qualities about Dr.

        13       Cohen in that he will bring to the Board of

        14       Regents, I think, an air of practicality, one

        15       that ties him from the halls of decision making

        16       at the Board of Regents back to the local

        17       communities.  Because he has just wonderful

        18       communication skills and he enjoys sitting down

        19       and talking to people and can cull out what is

        20       important to people.

        21                      He, I think, understands that

        22       children go to school to receive an education

        23       and that basic skills are important to that











                                                              794

         1       education.  And so at a time when we in the

         2       Legislature have -- and I would remind you -

         3       questioned many of the decisions that the Board

         4       of Regents have made, I think Saul Cohen will be

         5       a breath of fresh air.  I think will question,

         6       will add to the quality of the deliberations,

         7       and I think will make just a wonderful member of

         8       the Board of Regents.

         9                      So it's with great pleasure that

        10       I rise to support the nomination.

        11                      ACTING PRESIDENT FARLEY:  Senator

        12       Gold.

        13                      SENATOR GOLD:  Mr. President.

        14       Senator LaValle just said something, and I think

        15       it just really hits it.  Many of us over the

        16       years have questioned the Board of Regents, what

        17       do they do, and I certainly have never been

        18       enamored of that group.  But this is a breath of

        19       fresh air.  It's much, much more than that.  I

        20       mean we have some new people coming in today.

        21       We have reelected somebody, but I think this is

        22       an opportunity to find out whether this board

        23       really can mean something and do something.











                                                              795

         1                      Saul Cohen is a giant in the

         2       educational community.  He is just a phenomenal

         3       human being.  I have known the goings on, if I

         4       can put it that way, in Queens College for

         5       years.  It is in my community, and I have seen

         6       the various presidents.  Joe Murphy was a

         7       president there, a very distinguished president

         8       who went on to be the chancellor of the City

         9       University, and then Saul Cohen came in to fill

        10       those shoes.  And I saw Queens College grow

        11       during the Saul Cohen presidency in amazing

        12       ways.  In a very soft-spoken, beautifully human

        13       elegant way, he would deal with people, handle

        14       people, and manage to accomplish things that

        15       other people with more bravado and,

        16       unfortunately for them, less intellect were able

        17       to do.  And, in fact, the campus of Queens

        18       College grew beautifully and expanded during

        19       that presidency.

        20                      But I don't think anybody would

        21       suggest that Saul Cohen would be a great member

        22       of the Board of Regents just because he was able

        23       to negotiate to have buildings built, because he











                                                              796

         1       was also a builder of human beings.  I knew the

         2       student body intimately when he was the

         3       president.  I knew the way he treated them and

         4       the way they reacted to him.  The man is

         5       unquestionably dedicated and driven by the needs

         6       of young people and their education.  He is

         7       inspired by youth and indeed he inspires youth.

         8                      To read his resume -- and, of

         9       course, if he ever reads these remarks, he is

        10       going to laugh because, certainly, no one in the

        11       educational community calls these "resume's" any

        12       more.  Shows my age, too; right, Senator

        13       Galiber?

        14                      The background, the professional

        15       experience, the people who have sought him out

        16       as an expert, as pointed out by Senator LaValle,

        17       the involvement that he's had in the educational

        18       community, in governmental work, in his teaching

        19       experience -- I mean it just goes on and on.

        20       And there is certainly no one in this chamber

        21       that hasn't seen these vitaes over and over and

        22       over.  And we know -- you know, there are

        23       professional groups that do this, and they say,











                                                              797

         1       "Well, you know, gee, we need a few more

         2       pages.  Did you ever buy Girl Scout cookies?

         3       Put that on page 4."  These pages are filled

         4       with really significant contribution and

         5       significant accomplishment.  The work that he's

         6       done, his public service is just amazing.

         7                      So I can say in all honesty in

         8       the twenty-some-odd years that I have been

         9       around here, this is the greatest delight that I

        10       have ever had in supporting a member of the

        11       Board of Regents.  And, certainly, I think that

        12       there isn't a doubt that as we look back a few

        13       years from now, we are going to have the

        14       greatest amount of pride in the fact that we all

        15       partook in this venture in making Saul Cohen a

        16       Regent-at-Large in the state of New York.

        17                      And I very delightfully second

        18       that nomination.

        19                      ACTING PRESIDENT FARLEY:  Senator

        20       Galiber.

        21                      SENATOR GALIBER:  Thank you, Mr.

        22       President.  This is a rare day in this body that

        23       we are sending people of quality to the











                                                              798

         1       Regents.  The Regents, historically, has been a

         2       sort of mysterious place that we hear about from

         3       time to time, and they send down their 606

         4       report every year, and none of us spend the time

         5       to look it through.  Most of them have done an

         6       excellent job.  But every now and then in life a

         7       rare occasion comes about where we have the

         8       opportunity to put into our educational system

         9       qualified persons.

        10                      My colleagues said all that could

        11       possibly be said in a given span of time about

        12       Adelaide Sanford, who brings the same kind of

        13       integrity and commitment to our educational

        14       systems as Saul Cohen will bring.

        15                      Rarely in the course of events do

        16       we have an opportunity to look upon a person of

        17       Saul Cohen's quality and commitment.  I had the

        18       rare occasion to be selected for the Marchi

        19       Committee, as it's referred to, school grievance

        20       committee, where I met Saul Cohen for the first

        21       time.  I have heard of him, historically,

        22       because any of us who are concerned about the

        23       education of the state of New York clearly have











                                                              799

         1       heard of Saul Cohen.

         2                      He is one from the old, old

         3       school where educators were committed, and

         4       educators carried with them that commitment and

         5       transferred it over to the quality of education

         6       for our youngsters.  Nowhere in the history of

         7       this great country is our educational system

         8       under attack, nowhere before has it been so

         9       seriously attacked as it is now, and Saul Cohen

        10       brought to the committee and those of us who

        11       have been around, and what he brought was this.

        12       That those of us who are appointed to committees

        13       very seldom keep their span of attention on that

        14       committee, that we start skipping meetings, and

        15       we rely on staff to give us reports.  Saul Cohen

        16       inspired, in my judgment, that entire body of

        17       persons who gave so much of their time and their

        18       energy to give back to this legislative branch

        19       of government a sense of quality in terms of the

        20       report that we submitted.  He is bright.  He is

        21       articulate.  He is giving.  He is deserving of

        22       this nomination.

        23                      So I am proud, Mr. President, to











                                                              800

         1       put his name -- second the nomination of Saul

         2       Cohen, who I was privileged to serve with.  He

         3       believes in the basic things that educators

         4       should believe in.  He believes that in order

         5       for us to have a quality of education which is

         6       needed to save another generation -- one

         7       generation of youngsters have been lost to us -

         8       that we need to be concerned about the very core

         9       of our educational system.

        10                      We have to be concerned about who

        11       makes the decisions and how they are made and

        12       how can this best serve the youngsters of our

        13       great state.  He brings that breath of fresh

        14       air, if you will, to that entity which is the

        15       Regents, which is a quiet body of persons with

        16       more excellent people there than we give them

        17       credit for having.  Ken Clark passed us by,

        18       bright and articulate.

        19                      Now there are, and there were,

        20       and I'm glad we moved away from that notion of

        21       every now and then putting campaign managers or

        22       someone from the political party because we owe

        23       them something from the club to put them in that











                                                              801

         1       position.  It is too crucial an area.

         2                      So the two we have nominated

         3       today, Saul Cohen and Sanford, bring to this

         4       body, the Regents which ultimately is ours, the

         5       kind of integrity, the type of quality that is

         6       needed in our educational system today.

         7                      So I am proud, Mr. President, to

         8       second the nomination of a good friend -- a

         9       recent friend, but a good friend of mine -- Saul

        10       Cohen.

        11                      ACTING PRESIDENT FARLEY:  Senator

        12       Waldon.

        13                      SENATOR WALDON:  Thank you very

        14       much, Mr. President.

        15                      I met Dr. Cohen when I was in the

        16       Assembly.  We had to negotiate some issues

        17       regarding not only the university system but the

        18       high school situation surrounding the

        19       re-establishment of Townsend House High School.

        20       The one thing that I learned about him during

        21       those meetings and negotiations was his

        22       commitment to excellence.

        23                      And when we live in a time where











                                                              802

         1       young men who weigh 300 pounds and are 6'9" and

         2       can do certain extraordinary things on the field

         3       of football or people who can jump 42 inches in

         4       the air are the objects of our adulation, it is

         5       good to know that someone appreciates excellence

         6       in the classroom, that someone wants to motivate

         7       our children to realize their greatest potential

         8       in terms of their ability to think and to

         9       reason.

        10                      And I'm proud to say that I am

        11       absolutely certain that Dr. Cohen has been, is,

        12       and will always be someone who exudes this kind

        13       of example for those of us who want our children

        14       to be the best that they can be.

        15                      So out of respect for his

        16       intellect, out of respect for what he has done

        17       for the students in Queens County and, in fact,

        18       the city and state of New York, I rise to second

        19       his nomination.

        20                      ACTING PRESIDENT FARLEY:  Senator

        21       Marchi.

        22                      SENATOR MARCHI:  Mr. President.

        23       Much has been said and all of it true and I have











                                                              803

         1       the feeling that even after we have taken this

         2       action, we will feel that we understated the

         3       case.  I have known Saul Cohen for over 25

         4       years, over a quarter of a century.  And as

         5       Senator Galiber pointed out, it was a joyous

         6       experience, a learning experience, to work with

         7       him on the commission that we served together

         8       in.  And I knew him many years before then.

         9                      In this great effort that goes on

        10       in this state, the University of the state of

        11       New York -- I believe it was within the last ten

        12       years that we celebrated a milestone in terms of

        13       historical origin the Regents of the state of

        14       New York and the University of the state of New

        15       York -- not the State University, but the

        16       University -- embodying as it does everything

        17       that is within the ken of learning, within the

        18       ken of education, calling, vocation, all of the

        19       distinguished attributions of humanity at their

        20       highest and best manifestation, and Saul Cohen

        21       exemplifies these qualities in such rich

        22       measure, a kind of Renaissance person.

        23                      If you, just in sharing moments











                                                              804

         1       with him and discussing a variety -- and I

         2       believe you mentioned, Senator Gold,

         3       international -- international dimensions of the

         4       human family, just sharing some moments with him

         5       was to share a wealth of experience.

         6                      So in terms of high intellectual

         7       capacity, in terms of great commitment, in terms

         8       of experience and a sensitive feeling, for the

         9       members of our society, he does indeed engender

        10       the respect that the University of the state of

        11       New York enjoys throughout the country, and I

        12       know that our educational system is under

        13       attack.  But this system has been preeminent.

        14       It has not achieved all of its goals because it

        15       has had the most severe challenges, but it is an

        16       entity that can provide many of those answers.

        17                      And I join with my colleagues in

        18       expressing the anticipation that the University

        19       of the state of New York and the Board of

        20       Regents will have a decided lift, and we

        21       anticipate the feeling that he engenders, one

        22       that will encourage us also to make commensurate

        23       efforts to realize those objectives which the











                                                              805

         1       board has so eloquently and so magnificently

         2       exemplified throughout its entire history.

         3                      So we can not overstate this

         4       individual because to know him is to say things

         5       that are expansive and really are an effort to

         6       find the dimensions of a very, very fine

         7       selection.

         8                      ACTING PRESIDENT FARLEY:  On the

         9       confirmation of Dr. Saul Cohen as Regent-at

        10       Large for the state of New York.  The Secretary

        11       will call the roll.

        12                      (Whereupon, the Secretary called

        13       the roll. )

        14                      THE SECRETARY:  Ayes 59.

        15                      ACTING PRESIDENT FARLEY:  The

        16       resolution is adopted.

        17                      Senator Dollinger.

        18                      SENATOR DOLLINGER:  Mr.

        19       President.  I just rise to introduce a

        20       resolution to support James C. Dawson, Ph.D.,

        21       Dr. Dawson, as the final Regent for the Board of

        22       Regents appointments.  And' although I don't

        23       know Dr. Dawson -- didn't participate in the











                                                              806

         1       interviews and do not know him, I think what has

         2       been said today about the others who have been

         3       nominated and who have been confirmed by this

         4       body for a position on the Regents demonstrates

         5       the commitment of this state to the concept of

         6       diversity among the members of the board.

         7                      I heard the eloquent testimony

         8       from my colleagues to Regent Sanford and her

         9       perspective; the eloquent commentary from a

        10       number of my colleagues about President Cohen.

        11                      I just point out with respect to

        12       Dr. Dawson that he brings another perspective to

        13       the Board of Regents as one of the 60 best

        14       educators in the state of New York as a

        15       Distinguished Service Professor at the

        16       University at Plattsburgh, and I would just add

        17       as another comment in reviewing his resume,

        18       anyone who can write at length about the

        19       following topic, "An Archaeological Survey of

        20       Bloomery Forage in the Adirondacks," and write

        21       about it coherently, it seems to me brings a

        22       unique perspective that ought to be joined on

        23       the Board of Regents.











                                                              807

         1                      I would welcome his perspective

         2       and his addition to the board along with that of

         3       President Cohen and Regent Sanford that have

         4       been confirmed here before.

         5                      With that, I move the

         6       nomination.

         7                      ACTING PRESIDENT FARLEY:  Senator

         8       Dollinger, we have a bit of a procedural glitch

         9       here that this resolution has not been handed up

        10       as yet.  We had it for Senator Ohrenstein.

        11                      Would the Secretary please read

        12       the resolution.

        13                      Your remarks are in the record.

        14                      THE SECRETARY:  Concurrent

        15       Resolution, by Senator Ohrenstein, Concurrent

        16       Resolution of the Senate and Assembly providing

        17       for the election of James C. Dawson, county of

        18       Clinton, Fourth Judicial District, as a Regent

        19       of the University of the state of New York.

        20                      ACTING PRESIDENT FARLEY:  Do you

        21       wish to substitute?

        22                      THE SECRETARY:  The Assembly sent

        23       for concurrence the following resolution:











                                                              808

         1       Assembly Resolution Number 406, Concurrent

         2       Resolution of the Senate and Assembly, providing

         3       for the election of James C. Dawson, county of

         4       Clinton, Fourth Judicial District, as a Regent

         5       of the University of the state of New York.

         6                      ACTING PRESIDENT FARLEY:  Senator

         7       Dollinger wishes to -- substitution is ordered.

         8       Senator Dollinger, you have offered this

         9       resolution.  Anybody else on the resolution?

        10       Call the roll.

        11                      (Whereupon, the Secretary called

        12       the roll. )

        13                      ACTING PRESIDENT FARLEY:

        14       Negatives raise your hands, please.

        15                      THE SECRETARY:  Those recorded in

        16       the negative on the substituted resolution,

        17       Assembly Resolution Number 406, are Senators

        18       Bruno, Farley, Lack, Larkin, LaValle, Libous,

        19       Marino, Pataki, Saland, Sears, Seward, Skelos,

        20       Spano, Stafford, Tully, Velella, Volker and

        21       Wright.

        22                      SENATOR GOLD:  Mr. President.

        23                      ACTING PRESIDENT FARLEY:  Senator











                                                              809

         1       Gold.

         2                      SENATOR GOLD:  I think Senator

         3       Kuhl voted in the negative before he walked out

         4       a moment ago.

         5                      ACTING PRESIDENT FARLEY:  Senator

         6       Kuhl is in the negative also.

         7                      THE SECRETARY:  Ayes 40.  Nays

         8       19.

         9                      ACTING PRESIDENT FARLEY:  The

        10       resolution is adopted.

        11                      Senator Present.

        12                      SENATOR PRESENT:  Mr. President,

        13       there being no further business, I move we

        14       adjourn until tomorrow at 11:30 a.m.

        15                      ACTING PRESIDENT FARLEY:  The

        16       Senate stands adjourned until tomorrow at

        17       11:00.  That's 11:00 o'clock sharp -- 11:30.

        18       I'm sorry.  11:30 a.m.

        19                      (Whereupon, at 6:18 p.m., the

        20       Senate adjourned. )

        21

        22

        23