Regular Session - May 10, 1994

                                                                 
3337

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         9                       ALBANY, NEW YORK

        10                         May 10, 1994

        11                          10:00 a.m.

        12

        13

        14                        REGULAR SESSION

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        18       SENATOR HUGH T. FARLEY, Acting President

        19       STEPHEN F. SLOAN, Secretary

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        21

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        23











                                                             
3338

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

         2                      ACTING PRESIDENT FARLEY:  The

         3       Senate will come to order.  Senators will please

         4       find their places.  Please rise for the Pledge

         5       of Allegiance to the Flag.

         6                      (The assemblage repeated the

         7       Pledge of Allegiance to the Flag.)

         8                      Today we're pleased to have with

         9       us the Reverend Peter G. Young, Pastor of the

        10       Blessed Sacrament Church of Bolton Landing, New

        11       York for the opening prayer.  Father Young.

        12                      FATHER YOUNG:  Let us pray.

        13                      May we pray for Thomas Laverne,

        14       our dear friend, and a continuing recovery for

        15       Senator Volker.

        16                      Almighty and Eternal God, may

        17       Your grace enkindle in all of us, a love for the

        18       many unfortunate people whom poverty and misery

        19       reduce to a condition of life unworthy of human

        20       beings.  Arouse in the hearts of those who call

        21       You Father, a hunger and a thirst for social

        22       justice, for fraternal charity in deeds and in

        23       truth.











                                                             
3339

         1                      Grant, O Lord, peace in our day,

         2       peace to all and peace to these people of New

         3       York State who deserve again Your love now and

         4       forever again.  Amen.

         5                      ACTING PRESIDENT FARLEY:  The

         6       Secretary will begin by reading the Journal.

         7                      THE SECRETARY:  In Senate,

         8       Monday, May 9th.  The Senate met pursuant to

         9       adjournment, Senator Farley in the Chair upon

        10       designation of the Temporary President.  The

        11       Journal of Sunday, May 8th, was read and

        12       approved.  On motion, the Senate adjourned.

        13                      ACTING PRESIDENT FARLEY:  Hearing

        14       no objection, the Journal will stand approved as

        15       read.  The order of business:

        16                      Presentation of petitions.

        17                      Messages from the Assembly.

        18                      Messages from the Governor.

        19                      Reports of standing committees.

        20       We have a report of a standing committee.

        21                      Senator Present, we'll read it.

        22       The Secretary will read it.

        23                      THE SECRETARY:  Senator Lack,











                                                             
3340

         1       from the Committee on Judiciary, reports the

         2       following nomination:  Judge of the Court of

         3       Claims, the Honorable Israel Margolis of

         4       Binghamton.

         5                      ACTING PRESIDENT FARLEY:  Senator

         6       Lack.

         7                      SENATOR LACK:  Thank you, Mr.

         8       President.

         9                      I'm happy to stand and move the

        10       nomination of the Honorable Israel Margolis of

        11       Binghamton, who has been renominated by the

        12       Governor for a term on the New York State Court

        13       of Claims.

        14                      Senator -- excuse me.  Senator -

        15       Judge Margolis has been screened by the Judicial

        16       Screening Committee and screened by the Senate

        17       Judiciary Committee and has been found well

        18       qualified by both, and I'm going to yield to

        19       Senator Thomas Libous of Binghamton.  Senator?

        20                      ACTING PRESIDENT FARLEY:  Senator

        21       Libous.

        22                      SENATOR LIBOUS:  Thank you, Mr.

        23       President, and thank you, Senator Lack.











                                                             
3341

         1                      I rise to move the nomination of

         2       Judge Israel Margolis who is -- I'm proud to say

         3       is a friend of mine.

         4                      Judge Margolis is a native of

         5       Binghamton.  He's a life-long resident of

         6       Binghamton, and he received his Bachelor's

         7       degree and his law degree right up the road from

         8       Binghamton at Cornell University -

         9                      SENATOR GOLD:  I vote in the

        10       affirmative.

        11                      SENATOR LIBOUS:  -- a fine

        12       university that I'm sure some in this room have

        13       attended.

        14                      He's also -- he served our

        15       country well in the United States Navy from 1944

        16       to 1946.  After that, Judge Margolis came back

        17       to Binghamton where his family was and

        18       eventually became a partner in the law firm of

        19       Chernin and Gold from 1956 to 1987.

        20                      Mr. President, I first got to

        21       know Judge Margolis while he was the Broome

        22       County Elections Commissioner and when I was a

        23       member of the Binghamton City Council, and Judge











                                                             
3342

         1       Margolis was always one who was very fair in any

         2       decisions that he was making, either as election

         3       commissioner or as one who served the community

         4       in his many responsibilities.  One of those also

         5       was the responsibility of being the past

         6       president of the Broome County Bar Association.

         7                      As I said earlier, Judge Margolis

         8       and I are -- our paths have crossed through my

         9       association with public service and, of course,

        10       his.  I've known the Judge to be a very

        11       friendly, compassionate man.  He is one who is

        12       extremely well respected in our community back

        13       home, Mr. President.  He was one that I know

        14       that former Majority Leader and state Senator

        15       Warren Anderson thought very highly of and he

        16       was able to call his friend and, Mr. President,

        17       I am pleased to move this nomination.

        18                      And I would also like to note

        19       that Judge Margolis is here today, Mr.

        20       President, with his family.  He's here with his

        21       wife Brenda, who, if I might add, also has

        22       dedicated her life to public service as one who

        23       has worked and served in the county of Broome











                                                             
3343

         1       and also one who directed a very successful and

         2       effective liability partnership program in

         3       Broome County.

         4                      So, Mr. President, my colleagues,

         5       I ask you to join me in the movement of this

         6       nomination for Judge Israel Margolis, one who I

         7       am proud to say is my friend.

         8                      ACTING PRESIDENT FARLEY:  On the

         9       nom... on the nomination, Senator DeFrancisco.

        10                      SENATOR DeFRANCISCO:  Yes, I rise

        11       to second the nomination of Judge Margolis.

        12                      Although he's a resident of

        13       Senator Libous' district, he spends probably as

        14       much time on the floor that I reside in in the

        15       State Office Building in Syracuse, and in that

        16       capacity and also as a practicing attorney,

        17       having discussed Judge Margolis with many other

        18       practicing attorneys in the Onondaga County

        19       area, there is one unanimous thing that you

        20       hear, and that is that Judge Margolis is a fair,

        21       compassionate individual who gives both sides

        22       the opportunity to present their cases and makes

        23       a fair and impartial decision.











                                                             
3344

         1                      And he's a lawyer's judge.

         2       Having practiced law for 30 years, he knows what

         3       it is to get into a courtroom and present a

         4       case, and he gives both sides the opportunity to

         5       try their cases as they choose to try them, not

         6       to interject his own feelings into those cases.

         7                      So the Senate, in 1987, confirmed

         8       his first nomination as a Court of Claims judge,

         9       and I rise to second his nomination and request

        10       a unanimous vote to again confirm his nomination

        11       in 1994.

        12                      ACTING PRESIDENT FARLEY:  On the

        13       nomination, all in favor say aye.

        14                      (Response of "Aye".)

        15                      Those opposed, nay.

        16                      (There was no response.)

        17                      The nominee is confirmed.

        18                      Judge Margolis, we're very

        19       pleased to confirm you, and on behalf of the

        20       Senate, we welcome you here, and your wife

        21       Brenda.

        22                      Congratulations and best wishes.

        23                      (Applause.)











                                                             
3345

         1                      ACTING PRESIDENT FARLEY:  The

         2       Secretary will read -

         3                      THE SECRETARY:  Senator Lack,

         4       from the Committee on Judiciary, reports the

         5       nomination of the Honorable Leonard Silverman of

         6       Woodmere as a judge of the Court of Claims.

         7                      SENATOR LACK:  Mr. President.

         8                      ACTING PRESIDENT FARLEY:  On the

         9       nomination, Senator Lack.

        10                      SENATOR LACK:  Thank you, Mr.

        11       President.

        12                      I rise to move the confirmation

        13       of the Honorable Leonard Silverman to succeed

        14       himself as a judge of the Court of Claims of

        15       this state.

        16                      As with Judge Margolis, Judge

        17       Silverman has been screened by both the Judicial

        18       Screening Committee and by the Senate Judiciary

        19       Committee, and has been found to be -- be well

        20       qualified.  As to the details of Judge

        21       Silverman's illustrious or less illustrious

        22       past, I'll leave that to Senator Skelos and, I

        23       assume, Senator Gold.











                                                             
3346

         1                      I will make just a couple of

         2       comments, if I can.  Judge Silverman, as some of

         3       you if you're old enough might remember, was a

         4       member of this Assembly and chair of the

         5       Assembly Insurance Committee.  In his current

         6       incarnation as a judge of the Court of Claims,

         7       his court chambers are located immediately next

         8       door to my district office in Hauppauge.  That

         9       has made for a very interesting dialogue over

        10       the past almost decade between Judge Silverman,

        11       myself and members of my staff.

        12                      I've got to tell you that Judge

        13       Silverman and his staff have been more than kind

        14       to myself, to my staff, the facilities that he

        15       has put available for us to utilize have been

        16       greatly appreciated on matters that have

        17       pertained to court judicial administration in

        18       this state.

        19                      Judge Silverman has been all too

        20       helpful in allowing us to sit down and talk and

        21       discuss with him matters that pertain to the

        22       courts -- courts of this state.  It's always

        23       good to see a former member of the Legislature,











                                                             
3347

         1       Lenny Silverman, come up to Albany to get

         2       recertified, reconfirmed as a judge of the Court

         3       of Claims.  He does a very good job and

         4       certainly he is a nomination for which we in the

         5       Senate and on behalf of the Governor can be

         6       justly proud of.

         7                      As to whether or not he has done

         8       specific things in his background which make him

         9       worthy of the honor that is to be re-bestowed

        10       upon him today, I would most gratefully yield to

        11       Senator Skelos.  Senator?

        12                      ACTING PRESIDENT FARLEY:  Senator

        13       Skelos.

        14                      SENATOR SKELOS:  Thank you very

        15       much, Senator Lack and Mr. President.

        16                      I'm delighted now for the second

        17       time to move the nomination of Leonard Silverman

        18       to succeed himself as a Court of Claims judge.

        19       The first time was in 1985 when I was first -

        20       my first term in the Senate, and certainly that

        21       was a day that I remember back ten years ago

        22       when I had that opportunity.

        23                      Judge Silverman has distinguished











                                                             
3348

         1       himself in his career as an attorney, as an

         2       Assemblyman.  I remember when I was on staff in

         3       the Assembly back in the mid-70s admiring his

         4       work as chairman of the Insurance Committee,

         5       where many of our no-fault laws, our insurance

         6       laws, malpractice laws were drafted by then

         7       Assemblyman Leonard Silverman.  He's been active

         8       in various bar associations.  I can go on and on

         9       about his credentials.  Most of all, we've never

        10       heard an ill word spoken of Judge Silverman and

        11       certainly those who practice before him, he

        12       gives them the respect that all judges should

        13       give practitioners that go before him.

        14                      So it's my pleasure, although

        15       it's hard to believe that ten years have passed,

        16       to once again move the nomination of Judge

        17       Leonard Silverman.

        18                      ACTING PRESIDENT FARLEY:  Senator

        19       Gold.

        20                      SENATOR GOLD:  Thank you, Mr.

        21       President.

        22                      There are a lot of affirmative -

        23       affirmative reasons -- excuse me.  This is a











                                                             
3349

         1       Brooklyn kid I'm talking about.  There is a lot

         2       of affirmative reasons to vote for Judge

         3       Silverman, but on the other side of the coin, I

         4       would like to just say to the members of the

         5       Majority that if you do not confirm Judge

         6       Silverman, he has an offering for an Assembly

         7       nomination where he will once again take on the

         8       Insurance Committee, and there's some bills out

         9       there that he would still like to get his hands

        10       on.

        11                      No, I don't want a motion to

        12       adjourn.  The fact is that I'm not going to

        13       repeat a lot that has been said, but it's my

        14       pleasure to know the Judge from back in the

        15       early days of the '70s when I served with him in

        16       the Assembly, and it's interesting to hear that

        17       Senator Lack gets the benefit of his advice on

        18       administrative court issues and whatever.  From

        19       my point of view, we're confirming somebody

        20       because we just need people who are smart,

        21       decent and compassionate human beings to be

        22       judges on a day-to-day basis to the people that

        23       I represent and we all represent, and that's











                                                             
3350

         1       Lenny Silverman.

         2                      If you want to find the exact -

         3       the purfect English word to describe this man,

         4       just take out a dictionary and look under mensch

         5       because that's where you're going to find it.

         6       Judge Silverman is that.  He is what we want

         7       judges to be.  He's somebody who treats lawyers

         8       and their clients and the clients and their

         9       lawyers the way they should be so that the

        10       lawyers can do their jobs and so that the

        11       litigants can, in fact, get justice, because

        12       that's what we are supposed to be all about.

        13                      So, it is a pleasure and an honor

        14       to see this confirmation of Judge Silverman

        15       together with Judge Margolis, and I think today

        16       is a good day for the judiciary, and we ought to

        17       be proud of ourselves.

        18                      ACTING PRESIDENT FARLEY:  Senator

        19       Markowitz.

        20                      SENATOR MARKOWITZ:  Thank you

        21       very much, Mr. President.

        22                      It's good to see the good guys

        23       winning in both of these cases.  As I look up











                                                             
3351

         1       and I see Judge Lenny Silverman, I have to tell

         2       you that I certainly know that he remembers when

         3       my head was one solid color, as I remember when

         4       yours was as well.  And, actually, as the Judge

         5       was moving out of an elective two-year office

         6       and moving to becoming a statesman, I was just

         7       coming into this wonderful role of state Senator

         8       from Brooklyn, in fact, in part of the area that

         9       you so ably, very ably, represented.  In fact, I

        10       would like to thank Judge Silverman that time

        11       that you were serving part of Brooklyn, perhaps

        12       those were the glory days of our borough, days

        13       that I hope and pray that all of us will see

        14       again.  We are working very hard to make that

        15       happen, but I know that with competent and

        16       outstanding judges such as yourself, it

        17       certainly makes our job here in the Legislature

        18       that much easier and more enjoyable.

        19                      Congratulations and best wishes.

        20                      ACTING PRESIDENT FARLEY:  Senator

        21       Solomon.

        22                      SENATOR SOLOMON:  Thank you.

        23                      I would like to second the











                                                             
3352

         1       nomination of Judge Silverman who, prior to my

         2       election, sat down with me for dinner or coffee,

         3       we had a brief meeting.  He gave me some unique

         4       political advice for a district which he

         5       represented, and I dare say, I don't think any

         6       member of this Legislature ever received

         7       political advice such as this.  How many people

         8       who represented an area told you, "First thing

         9       you have to do, Marty, is go out and buy a black

        10       suit", which was for a particular area of my

        11       district in order to go to particular events so

        12       you sort of blended in with the dress of the

        13       constituency, and I think Judge Silverman, just

        14       based upon that and the number of events that he

        15       went to, represented the area very ably, I dare

        16       say, and I know that he's done an excellent job

        17       on the bench.  Would have been interesting to

        18       serve in the Senate and have someone in the

        19       Assembly where I could have tried to pass some

        20       bills in both houses with, but I'm sure Judge

        21       Silverman has done a great job and he'll finish

        22       out his term and complete his term in the

        23       excellent manner in which he served the people











                                                             
3353

         1       of my current Senate district as an assemblyman

         2       and he served the entire people of the state,

         3       and I would like to second that nomination.

         4                      Thank you.

         5                      ACTING PRESIDENT FARLEY:  On the

         6       nomination -- on the nomination, all in favor

         7       say aye.

         8                      (Response of "Aye".)

         9                      Those opposed, nay.

        10                      (There was no response.)

        11                      The nominee is confirmed.

        12                      Judge Silverman, on behalf of the

        13       New York State Senate, let me say how pleased we

        14       are to confirm a former member of this legis

        15       lative family and an outstanding judge.

        16                      Congratulations, best wishes and

        17       a very good tenure.  (Applause.)

        18                      The Secretary will read a report

        19       of the Committee on Finance.

        20                      THE SECRETARY:  Senator Stafford,

        21       from the Committee on Finance, reports the

        22       following nominations:  Member of the state

        23       Board of Historic Preservation, Monroe Fordham,











                                                             
3354

         1       Ph.D., of Tonawanda and Dean R. Snow, Ph.D., of

         2       Burnt Hills;

         3                      Member of the state Council on

         4       Home Care Services, Thomas A. O'Brien, of

         5       Flushing and Sarah H. Trafton of Fairport;

         6                      Director of the Municipal

         7       Assistance Corporation for the city of New York,

         8       Dick Netzer, Ph.D., of Brooklyn and Eugene

         9       Keilin, of Brooklyn;

        10                      Member of the Advisory Council to

        11       the Commission on Quality of Care for the

        12       Mentally Disabled, E. Regis Obijiski, of

        13       Tillson;

        14                      Member of the Empire State Plaza

        15       Art Commission, Janis Keane Dorgan, of

        16       Slingerlands;

        17                      Banking member of the State

        18       Banking Board, Charles J. Hamm, of Bronxville;

        19                      Member of the Allegany State Park

        20       Recreation and Historic Preservation Commission,

        21       Daniel P. Harris, of Olean;

        22                      Member of the Niagara Frontier

        23       State Park, Recreation and Historic Preserva











                                                             
3355

         1       tion Commission, Joseph L. Newton, Jr., of

         2       Appleton;

         3                      Member of the Thousand Islands

         4       State Park, Recreation and Historic Preservation

         5       Commission, Joseph F. Chavoustie, of Chaumont;

         6                      Member of the Board of Visitors

         7       of the Bronx Psychiatric Center, Helen T.

         8       Rosello, of the Bronx;

         9                      Member of the Board of Visitors

        10       of the Kirby Forensic Psychiatric Center, Ina

        11       Stone, of New York City;

        12                      Member of the Board of Visitors

        13       of Rockland Children's Psychiatric Center,

        14       Snowden Taylor, of Tappan;

        15                      Member of the Board of Visitors

        16       of the Letchworth Village Developmental Center,

        17       Helen S. Crabbe, of Orangeburg.

        18                      ACTING PRESIDENT FARLEY:  On the

        19       nominees, all in favor say aye.

        20                      (Response of "Aye".)

        21                      Those opposed, nay.

        22                      (There was no response.)

        23                      The nominees are confirmed.











                                                             
3356

         1                      Report of select committees.

         2                      Communications and reports from

         3       state officers.

         4                      Motions and resolutions.

         5                      SENATOR LACK:  Mr. President.

         6                      ACTING PRESIDENT FARLEY:  Senator

         7       Lack.

         8                      SENATOR LACK:  I wish to call up

         9       my bill, Senate Print Number 7213-A, recalled

        10       from the Assembly and now at the desk.

        11                      ACTING PRESIDENT FARLEY:  The

        12       Secretary will read.

        13                      THE SECRETARY:  By Senator Lack,

        14       Senate Bill Number 7213, an act to amend the

        15       Uniform Commercial Code, in relation to

        16       regulation of leases of personal property.

        17                      SENATOR LACK:  Mr. President, I

        18       move to reconsider the vote by which the bill

        19       was passed.

        20                      ACTING PRESIDENT FARLEY:  Call

        21       the roll on reconsideration.

        22                      (The Secretary called the roll on

        23       reconsideration.)











                                                             
3357

         1                      THE SECRETARY:  Ayes 46.

         2                      SENATOR LACK:  Mr. President, now

         3       that the bill is restored to third reading, I

         4       move to discharge the Committee on Judiciary

         5       from Assembly print 1041-A and substitute it for

         6       my identical bill.

         7                      ACTING PRESIDENT FARLEY:

         8       Substitution is ordered.

         9                      SENATOR LACK:  The Senate Bill on

        10       first passage was voted unanimously, and I move

        11       that the substituted Assembly bill now have its

        12       third reading.

        13                      ACTING PRESIDENT FARLEY:  Read

        14       the last section.

        15                      THE SECRETARY:  Section 2.  This

        16       act shall take effect immediately.

        17                      ACTING PRESIDENT FARLEY:  Call

        18       the roll.

        19                      (The Secretary called the roll.)

        20                      THE SECRETARY:  Unanimous.

        21                      ACTING PRESIDENT FARLEY:  The

        22       bill is passed.

        23                      SENATOR LACK:  Mr. President, I











                                                             
3358

         1       wish to call up my my bill, 6963-A, now at the

         2       desk, recalled from the Assembly.

         3                      THE SECRETARY:  By Senator Lack,

         4       Senate Bill Number 6963-A, an act to amend the

         5       Estates, Powers and Trusts Law, in relation to

         6       the division of trusts.

         7                      SENATOR LACK:  I now move to

         8       reconsider the vote by which this bill was

         9       passed.

        10                      ACTING PRESIDENT FARLEY:  Call

        11       the roll on reconsideration.

        12                      (The Secretary called the roll on

        13       reconsideration.)

        14                      THE SECRETARY:  Ayes 46.

        15                      SENATOR LACK:  I offer the

        16       following amendments to the bill, and ask that

        17       it retain its place.

        18                      ACTING PRESIDENT FARLEY:  The

        19       amendments are received.  The bill will retain

        20       its place on third reading.  Senator Libous and

        21       then Senator Nozzolio.

        22                      SENATOR LIBOUS:  Thank you, Mr.

        23       President.











                                                             
3359

         1                      I move the following -- on behalf

         2       of Senator Johnson, I move the following bills

         3       be discharged from their respective committees

         4       and be recommitted with instructions to strike

         5       the enacting clause:  Number 7925, on behalf of

         6       Senator Johnson.

         7                      ACTING PRESIDENT FARLEY:  So

         8       ordered.

         9                      SENATOR LIBOUS:  Mr. President,

        10       on behalf of Senator Volker, Mr. President, I

        11       wish to call up his bill, Senate Print 246-A,

        12       recalled from the Assembly which is now at the

        13       desk.

        14                      ACTING PRESIDENT FARLEY:  The

        15       Secretary will read it.

        16                      THE SECRETARY:  By Senator

        17       Volker, Senate Bill Number 246-A, an act to

        18       amend the Penal Law.

        19                      SENATOR LIBOUS:  Mr. President, I

        20       now move to reconsider the vote by which this

        21       bill was passed.

        22                      ACTING PRESIDENT FARLEY:  Call

        23       the roll on reconsideration.











                                                             
3360

         1                      (The Secretary called the roll on

         2       reconsideration.)

         3                      THE SECRETARY:  Ayes 46.

         4                      SENATOR LIBOUS:  Mr. President, I

         5       now offer up the following amendments.

         6                      ACTING PRESIDENT FARLEY:  The

         7       amendments are received.

         8                      SENATOR LIBOUS:  Mr. President,

         9       on behalf of Senator Goodman, I call up his

        10       bill, Senate Print Number 1622-B, recalled from

        11       the Assembly which is now at the desk.

        12                      ACTING PRESIDENT FARLEY:  The

        13       Secretary will read it.

        14                      THE SECRETARY:  By Senator

        15       Goodman, Senate Bill Number 1622-B, an act to

        16       amend the Social Services Law.

        17                      SENATOR LIBOUS:  Mr. President, I

        18       now move to reconsider the vote by which this

        19       bill was passed.

        20                      ACTING PRESIDENT FARLEY:  Call

        21       the roll on reconsideration.

        22                      (The Secretary called the roll on

        23       reconsideration.)











                                                             
3361

         1                      THE SECRETARY:  Ayes 49.

         2                      SENATOR LIBOUS:  Mr. President, I

         3       offer up the following amendments.

         4                      ACTING PRESIDENT FARLEY:

         5       Amendments are received.  The bill will retain

         6       its place.

         7                      SENATOR LIBOUS:  Mr. President,

         8       on behalf of Senator Daly, on page 27, I offer

         9       the following amendments to Calendar Number 715,

        10       Senate Print Number 1093, and ask that said bill

        11       retain its place on the Third Reading Calendar.

        12                      Mr. President, also on behalf of

        13       Senator Daly, on page 17, I offer the following

        14       amendments to Calendar Number 474, Senate Print

        15       Number 21007, and ask that said bill retain its

        16       place on the Third Reading Calendar.

        17                      ACTING PRESIDENT FARLEY:  Without

        18       objection.

        19                      SENATOR LIBOUS:  And Mr.

        20       President, on behalf of Senator Volker, on page

        21       15, I offer the following amendments to Calendar

        22       Number 388, Senate Print Number 2502-C, and ask

        23       that said bill retain its place on the Third











                                                             
3362

         1       Reading Calendar and, Mr. President -

         2                      ACTING PRESIDENT FARLEY:  Without

         3       objection.

         4                      SENATOR LIBOUS:  -- may I offer

         5       up the following resolution and ask that just

         6       its title be read and passed.

         7                      ACTING PRESIDENT FARLEY:  The

         8       Secretary will read the title of Senator

         9       Libous' -

        10                      THE SECRETARY:  Legislative

        11       Resolution, by Senator Libous, commemorating the

        12       30th Anniversary of the Chenango County ARC.

        13                      ACTING PRESIDENT FARLEY:  All in

        14       favor of the resolution say aye.

        15                      (Response of "Aye".)

        16                      Those opposed, nay.

        17                      (There was no response.)

        18                      The resolution is adopted.

        19                      Senator Marchi.

        20                      SENATOR MARCHI:  Yes, Mr.

        21       President.  I wish to call up my bill, Print

        22       Number 6521, recalled from the Assembly and is

        23       now at the desk.











                                                             
3363

         1                      ACTING PRESIDENT FARLEY:  The

         2       Secretary will read it.

         3                      THE SECRETARY:  By Senator

         4       Marchi, Senate Bill Number 6521, an act to amend

         5       the Environmental Conservation Law.

         6                      ACTING PRESIDENT FARLEY:  Senator

         7       Marchi.

         8                      SENATOR MARCHI:  I move to

         9       reconsider the vote by which this bill passed.

        10                      ACTING PRESIDENT FARLEY:  Call

        11       the roll on reconsideration.

        12                      (The Secretary called the roll on

        13       reconsideration.)

        14                      THE SECRETARY:  Ayes 49.

        15                      ACTING PRESIDENT FARLEY:  The

        16       bill is before the house.

        17                      Senator Marchi.

        18                      SENATOR MARCHI:  I Offer the

        19       following amendments.

        20                      ACTING PRESIDENT FARLEY:  Without

        21       objection.

        22                      Senator Nozzolio.

        23                      SENATOR NOZZOLIO:  Mr. President,











                                                             
3364

         1       on behalf of Senator Volker, please place a

         2       sponsor's star on Calendar Number 764.

         3                      ACTING PRESIDENT FARLEY:  Bill is

         4       starred at the request of the sponsor.

         5                      SENATOR NOZZOLIO:  On behalf of

         6       Senator Johnson, please place a sponsor's star

         7       on Calendar Number 828.

         8                      ACTING PRESIDENT FARLEY:  828 is

         9       starred at the request of the sponsor.

        10                      Senator Seward.

        11                      SENATOR SEWARD:  On page 24, I

        12       offer the following amendments to Calendar 681,

        13       Senate Print Number 4371, and I ask that the

        14       bill retain its place on the Third Reading

        15       Calendar.

        16                      ACTING PRESIDENT FARLEY:  Without

        17       objection, the bill will retain its place.

        18                      SENATOR NOZZOLIO:  And also, Mr.

        19       President, I would like to place a sponsor's

        20       star on Calendar Number 666.

        21                      ACTING PRESIDENT FARLEY:  666 is

        22       starred at the request of the sponsor.

        23                      Senator Holland.











                                                             
3365

         1                      SENATOR HOLLAND:  Mr. President,

         2       can you star my bill, Calendar 799, please?

         3                      ACTING PRESIDENT FARLEY:  799 is

         4       starred at the request of the sponsor.

         5                      Senator Spano.

         6                      SENATOR SPANO:  Mr. President,

         7       could you please place a sponsor's star on

         8       Calendar 809 and 810?

         9                      ACTING PRESIDENT FARLEY:  Without

        10       objection, the bills are starred.

        11                      Any other motions on the floor?

        12       The Secretary has a substitution.

        13                      THE SECRETARY:  On page 4 of

        14       today's calendar, Senator spano moves to

        15       discharge the Committee on Civil Service and

        16       Pensions from Assembly Bill Number 2153 and

        17       substitute it for the identical Calendar Number

        18       867.

        19                      ACTING PRESIDENT FARLEY:

        20       Substitution is ordered.

        21                      THE SECRETARY:  On page 7,

        22       Senator Daly moves to discharge the Committee on

        23       Corporations, Authorities and Commissions from











                                                             
3366

         1       Assembly Bill Number 11355 and substitute it for

         2       the identical Calendar Number 891.

         3                      ACTING PRESIDENT FARLEY:

         4       Substitution is ordered.

         5                      THE SECRETARY:  On page 25,

         6       Senator Volker moves to discharge the Committee

         7       on Codes from Assembly Bill Number 10828

         8       substitute it for the identical Calendar Number

         9       696.

        10                      ACTING PRESIDENT FARLEY:

        11       Substitution is ordered.

        12                      THE SECRETARY:  On page 29,

        13       Senator Daly moves to discharge the Committee

        14       and Corporations, Authorities and Commissions

        15       from Assembly Bill Number 10631-A and substitute

        16       it the for identical Third Reading 749.

        17                      ACTING PRESIDENT FARLEY:

        18       Substitution is ordered.

        19                      THE SECRETARY:  On page 33,

        20       Senator Spano moves to discharge the Committee

        21       on Education from Assembly Bill Number 11434 and

        22       substitute it for the identical Calendar Number

        23       783.











                                                             
3367

         1                      ACTING PRESIDENT FARLEY:

         2       Substitution is ordered.

         3                      THE SECRETARY:  On page 36,

         4       Senator Maltese moves to discharge the Committee

         5       on Local Government from Assembly Bill Number

         6       10571 and substitute it for the identical

         7       Calendar Number 813.

         8                      ACTING PRESIDENT FARLEY:

         9       Substitution is ordered.

        10                      Are there any other motions on

        11       the floor?

        12                      Senator Present.

        13                      SENATOR PRESENT:  Mr. President,

        14       I move that we adopt the Resolution Calendar

        15       with the exception of Resolutions 3506 and 3542,

        16       and that those two resolutions be recommitted to

        17       the Finance Committee.

        18                      ACTING PRESIDENT FARLEY:  The -

        19       all in favor of adopting the Resolution Calendar

        20       please say aye.

        21                      Senator Galiber.

        22                      SENATOR GALIBER:  Mr. President,

        23       there's one resolution I would like to either











                                                             
3368

         1       put aside for the time being and read in its

         2       entirety and that's 3547.

         3                      ACTING PRESIDENT FARLEY:  Do we

         4       have that?  I think that -- all in favor of

         5       adopting the Resolution Calendar with

         6       exceptions, please -- Senator Gold, did you ask

         7       if -

         8                      SENATOR GOLD:  Let's do that and

         9       then I want to handle another situation.

        10                      ACTING PRESIDENT FARLEY:  Okay.

        11       There's a motion on the floor to adopt the

        12       Resolution Calendar with exceptions.  All in

        13       favor please say aye.

        14                      (Response of "Aye".)

        15                      Those opposed, nay.

        16                      (There was no response.)

        17                      The Resolution Calendar is

        18       adopted with exceptions.  The Resolution

        19       Calendar has been adopted with exceptions.  The

        20       two exceptions have been recommitted.

        21                      Senator Levy doesn't have

        22       anything to say.

        23                      Senator Present.











                                                             
3369

         1                      SENATOR PRESENT:  Would you

         2       recognize Senator Larkin; I believe he has a

         3       privileged resolution.

         4                      ACTING PRESIDENT FARLEY:  Senator

         5       Larkin.

         6                      SENATOR LARKIN:  I have a

         7       privileged resolution at the desk.  Just read

         8       the title.

         9                      ACTING PRESIDENT FARLEY:  All

        10       right.  We're pleased to read the title of

        11       Senator Larkin's resolution.

        12                      THE SECRETARY:  Legislative

        13       Resolution, by Senator Larkin, commending

        14       Frances Sodrick upon the occasion of her

        15       designation as recipient of the Orange County

        16       Mental Health Distinguished Services Award on

        17       Thursday, May 12th, 1994.

        18                      ACTING PRESIDENT FARLEY:  All in

        19       favor of adopting the resolution please say

        20       aye.

        21                      (Response of "Aye".)

        22                      Those opposed, nay.

        23                      (There was no response.)











                                                             
3370

         1                      The resolution is adopted.

         2                      Senator Present.

         3                      SENATOR PRESENT:  Mr. President,

         4       can we take up the non-controversial calendar,

         5       please?

         6                      ACTING PRESIDENT FARLEY:  The

         7       Secretary will read the non-controversial

         8       calendar.

         9                      THE SECRETARY:  On page 23 of

        10       today's calendar, Calendar Number 654, by

        11       Senator Hannon -

        12                      SENATOR GOLD:  Lay it aside.

        13                      ACTING PRESIDENT FARLEY:  Lay it

        14       aside.

        15                      THE SECRETARY:  Calendar Number

        16       699, by Senator Volker, Senate Bill Number 7574,

        17       an act to amend the Criminal Procedure Law, in

        18       relation to corrective remedies.

        19                      SENATOR GOLD:  Lay it aside.

        20                      SENATOR GALIBER:  Lay it aside.

        21                      ACTING PRESIDENT FARLEY:  Lay it

        22       aside.

        23                      THE SECRETARY:  Calendar Number











                                                             
3371

         1       727, by Senator Hannon, Senate Bill Number 6627,

         2       an act to amend the Administrative Code of the

         3       city of New York, in relation to access to

         4       correct housing maintenance code violation.

         5                      SENATOR PRESENT:  Lay the bill

         6       aside.

         7                      ACTING PRESIDENT FARLEY:  Lay the

         8       bill aside.

         9                      THE SECRETARY:  Calendar Number

        10       740, by Senator Hannon, Senate Bill Number 7500,

        11       an act to amend the Retirement and Social

        12       Security Law, in relation to the earnings of

        13       disability pensioners.

        14                      ACTING PRESIDENT FARLEY:  Read

        15       the last section.

        16                      THE SECRETARY:  Section 2.  This

        17       act shall take effect immediately.

        18                      ACTING PRESIDENT FARLEY:  Call

        19       the roll.

        20                      (The Secretary called the roll.)

        21                      THE SECRETARY:  Ayes 51.

        22                      ACTING PRESIDENT FARLEY:  That

        23       bill is passed.











                                                             
3372

         1                      THE SECRETARY:  Calendar Number

         2       754, by Senator Marchi, Senate Bill Number 1586,

         3       an act directing the city of New York to refund

         4       to certain not-for-profit organizations.

         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 51.

        13                      ACTING PRESIDENT FARLEY:  The

        14       bill is passed.

        15                      THE SECRETARY:  Calendar Number

        16       755, by the Assembly Committee on Rules,

        17       Assembly Bill Number 8067-A, authorizing the

        18       city of New York to reconvey its interests in

        19       certain real property.

        20                      ACTING PRESIDENT FARLEY:  There's

        21       a home rule message here at the desk.  You can

        22       read the last section.

        23                      THE SECRETARY:  Section 2.  This











                                                             
3373

         1       act shall take effect immediately.

         2                      ACTING PRESIDENT FARLEY:  Call

         3       the roll.

         4                      (The Secretary called the roll.)

         5                      THE SECRETARY:  Ayes 51.

         6                      ACTING PRESIDENT FARLEY:  The

         7       bill is passed.

         8                      THE SECRETARY:  Calendar Number

         9       757, by Senator Stafford, Senate Bill Number

        10       435 -

        11                      SENATOR GOLD:  Lay it aside.

        12                      ACTING PRESIDENT FARLEY:  Lay

        13       that bill aside.

        14                      THE SECRETARY:  Calendar Number

        15       758, by Senator Cook, Senate Bill Number 2279,

        16       an act to amend the Highway Law, in relation to

        17       abandoned highways.

        18                      ACTING PRESIDENT FARLEY:  Read

        19       the last section.

        20                      THE SECRETARY:  Section 2.  This

        21       act -

        22                      SENATOR ONORATO:  Senator Cook,

        23       could we get one day on this, please?











                                                             
3374

         1                      ACTING PRESIDENT FARLEY:  Lay the

         2       bill aside for the day.

         3                      THE SECRETARY:  Calendar Number

         4       760, by Senator Present, Senate Bill Number

         5       3859, an act to amend the Vehicle and Traffic

         6       Law and the Parks, Recreation and Historic

         7       Preservation Law.

         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 51.

        16                      ACTING PRESIDENT FARLEY:  The

        17       bill is passed.

        18                      THE SECRETARY:  Calendar Number

        19       761, by Senator Levy, Senate Bill Number 3886-C,

        20       directing the Commissioner of Transportation to

        21       develop test pilot programs.

        22                      ACTING PRESIDENT FARLEY:  Read

        23       the last section.











                                                             
3375

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      ACTING PRESIDENT FARLEY:  Call

         4       the roll.

         5                      (The Secretary called the roll.)

         6                      THE SECRETARY:  Ayes 51.

         7                      ACTING PRESIDENT FARLEY:  The

         8       bill is passed.

         9                      THE SECRETARY:  Calendar Number

        10       762, by member of the Assembly Gantt, Assembly

        11       Bill Number 9611, an act to repeal Paragraph C

        12       of Subdivision (1) of Section 401 of the Vehicle

        13       and Traffic Law.

        14                      ACTING PRESIDENT FARLEY:  Read

        15       the last section.

        16                      THE SECRETARY:  Section 2.  This

        17       act shall take effect immediately.

        18                      ACTING PRESIDENT FARLEY:  Call

        19       the roll.

        20                      (The Secretary called the roll.)

        21                      THE SECRETARY:  Ayes 51.

        22                      ACTING PRESIDENT FARLEY:  The

        23       bill is passed.











                                                             
3376

         1                      THE SECRETARY:  Calendar Number

         2       763, by Senator Goodman, Senate Bill Number

         3       6972, an act to amend the Transportation Law.

         4                      ACTING PRESIDENT FARLEY:  Read

         5       the last section.

         6                      THE SECRETARY:  Section 2.  This

         7       act shall take effect immediately.

         8                      ACTING PRESIDENT FARLEY:  Call

         9       the roll.

        10                      (The Secretary called the roll.)

        11                      THE SECRETARY:  Ayes 50, nays 1,

        12       Senator Wright recorded in the negative.

        13                      ACTING PRESIDENT FARLEY:  The

        14       bill is passed.

        15                      THE SECRETARY:  Calendar Number

        16       765, by Senator Libous, Senate Bill Number 7770,

        17       an act to amend the Highway Law designating the

        18       relocated Front Street in the city of Binghamton

        19       as a state highway.

        20                      ACTING PRESIDENT FARLEY:  Read

        21       the last section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect immediately.











                                                             
3377

         1                      ACTING PRESIDENT FARLEY:  Call

         2       the roll.

         3                      (The Secretary called the roll.)

         4                      THE SECRETARY:  Ayes 52.

         5                      ACTING PRESIDENT FARLEY:  The

         6       bill is passed.

         7                      THE SECRETARY:  Calendar Number

         8       766, by Senator Skelos, Senate Bill Number 1986,

         9       an act to amend the Real Property Tax Law, in

        10       relation to granting real property tax

        11       exemption.

        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 54.

        20                      ACTING PRESIDENT FARLEY:  The

        21       bill is passed.

        22                      THE SECRETARY:  Calendar Number

        23       772, by Senator Skelos, Senate Bill Number 7888,











                                                             
3378

         1       an act to amend Chapter 841 of the Laws of 1987.

         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 54.

        10                      ACTING PRESIDENT FARLEY:  The

        11       bill is passed.

        12                      THE SECRETARY:  Calendar Number

        13       773, by Senator Saland -

        14                      ACTING PRESIDENT FARLEY:  Lay it

        15       aside.

        16                      THE SECRETARY:  Calendar Number

        17       774, by Senator Saland, Senate Bill Number 4660,

        18       an act to amend the Family Court Act.

        19                      ACTING PRESIDENT FARLEY:  Read

        20       the last section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT FARLEY:  Call











                                                             
3379

         1       the roll.

         2                      (The Secretary called the roll.)

         3                      THE SECRETARY:  Ayes 54.

         4                      ACTING PRESIDENT FARLEY:  The

         5       bill is passed.

         6                      THE SECRETARY:  Calendar Number

         7       775, by Senator Saland, Senate Bill Number 5500,

         8       an act to amend the Family Court act, in

         9       relation to procedures for the temporary removal

        10       of a child with consent.

        11                      ACTING PRESIDENT FARLEY:  Read

        12       the last section.

        13                      THE SECRETARY:  Section 2.  This

        14       act shall take effect immediately.

        15                      ACTING PRESIDENT FARLEY:  Call

        16       the roll.

        17                      (The Secretary called the roll.)

        18                      THE SECRETARY:  Ayes 54.

        19                      ACTING PRESIDENT FARLEY:  The

        20       bill is passed.

        21                      THE SECRETARY:  Calendar Number

        22       776, by Senator Saland, Senate Bill Number 7673,

        23       Social Services Law, in relation to child abuse











                                                             
3380

         1       and maltreatment hearings.

         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 54.

        10                      ACTING PRESIDENT FARLEY:  That

        11       bill is passed.

        12                      THE SECRETARY:  Calendar Number

        13       777, by Senator Saland, Senate Bill Number 7675,

        14       Executive Law and the Family Court Act -

        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 54.

        23                      ACTING PRESIDENT FARLEY:  The











                                                             
3381

         1       bill is passed.

         2                      THE SECRETARY:  Calendar Number

         3       778, by Senator Saland, Senate Bill Number 7833,

         4       an act to amend the Social Services 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 54.

        13                      ACTING PRESIDENT FARLEY:  The

        14       bill is passed.

        15                      THE SECRETARY:  Calendar Number

        16       779, by Senator Saland, Senate Bill Number 7834,

        17       an act to amend the Domestic Relations Law -

        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.











                                                             
3382

         1                      (The Secretary called the roll.)

         2                      THE SECRETARY:  Ayes 54.

         3                      ACTING PRESIDENT FARLEY:  The

         4       bill is passed.

         5                      THE SECRETARY:  Calendar Number

         6       781, by Senator Stachowski, Senate Bill Number

         7       1297, Education Law, in relation to school lunch

         8       periods.

         9                      ACTING PRESIDENT FARLEY:  Read

        10       the last section.

        11                      THE SECRETARY:  Section 2.  This

        12       act shall take effect immediately.

        13                      ACTING PRESIDENT FARLEY:  Call

        14       the roll.

        15                      (The Secretary called the roll.)

        16                      THE SECRETARY:  Ayes 54.

        17                      ACTING PRESIDENT FARLEY:  The

        18       bill is passed.

        19                      THE SECRETARY:  Calendar Number

        20       782, by Senator Cook, Senate Bill Number 7541,

        21       an act to amend the Education Law, in relation

        22       to the definition of a facility child.

        23                      ACTING PRESIDENT FARLEY:  Read











                                                             
3383

         1       the last section.

         2                      THE SECRETARY:  Section 2.  This

         3       act shall take effect immediately.

         4                      ACTING PRESIDENT FARLEY:  Call

         5       the roll.

         6                      (The Secretary called the roll.)

         7                      THE SECRETARY:  Ayes 54.

         8                      ACTING PRESIDENT FARLEY:  The

         9       bill is passed.

        10                      THE SECRETARY:  Calendar Number

        11       783, substituted earlier today, by the Assembly

        12       Committee on Rules, Assembly Bill Number 11434,

        13       an act to amend Chapter 118 of the Laws of 1969.

        14                      ACTING PRESIDENT FARLEY:  Read

        15       the last section.

        16                      THE SECRETARY:  Section 2.  This

        17       act shall take effect immediately.

        18                      ACTING PRESIDENT FARLEY:  Call

        19       the roll.

        20                      (The Secretary called the roll.)

        21                      THE SECRETARY:  Ayes 54.

        22                      ACTING PRESIDENT FARLEY:  That

        23       bill is passed.











                                                             
3384

         1                      THE SECRETARY:  Calendar Number

         2       784, by Senator Saland, Senate Bill Number 7639,

         3       in relation to legalizing, certifying and

         4       confirming the acts of Germantown Central School

         5       District.

         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 54.

        14                      ACTING PRESIDENT FARLEY:  The

        15       bill is passed.

        16                      THE SECRETARY:  Calendar Number

        17       785, by Senator Saland, Senate Bill Number 7640,

        18       to authorize the payment of transportation aid

        19       to the Germantown Central School District.

        20                      ACTING PRESIDENT FARLEY:  Read

        21       the last -- there's a local fiscal impact note

        22       at the desk.  You can read the last section.

        23                      THE SECRETARY:  Section 2.  This











                                                             
3385

         1       act shall take effect immediately.

         2                      ACTING PRESIDENT FARLEY:  Call

         3       the roll.

         4                      (The Secretary called the roll.)

         5                      THE SECRETARY:  Ayes 54.

         6                      ACTING PRESIDENT FARLEY:  The

         7       bill is passed.

         8                      THE SECRETARY:  Calendar Number

         9       786, by Senator Saland, Senate Bill Number 7641,

        10       in relation to legalizing, certifying and

        11       confirming the acts of the Germantown Central

        12       School.

        13                      ACTING PRESIDENT FARLEY:  Read

        14       the last section.

        15                      THE SECRETARY:  Section 2.  This

        16       act shall take effect immediately.

        17                      ACTING PRESIDENT FARLEY:  Call

        18       the roll.

        19                      (The Secretary called the roll.)

        20                      THE SECRETARY:  Ayes 54.

        21                      ACTING PRESIDENT FARLEY:  That

        22       bill is passed.

        23                      THE SECRETARY:  Calendar Number











                                                             
3386

         1       787, by Senator Cook, Senate Bill Number 7697,

         2       Education Law and the public Health Law.

         3                      ACTING PRESIDENT FARLEY:  Senator

         4       Cook -- Senator Cook, he wants a day.  Lay the

         5       bill aside for the day.

         6                      THE SECRETARY:  Calendar Number

         7       788, by Senator Cook, Senate Bill Number 7871,

         8       Education Law, in relation to efficiency study

         9       grants.

        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 54.

        18                      ACTING PRESIDENT FARLEY:  The

        19       bill is passed.

        20                      THE SECRETARY:  Calendar Number

        21       793, by Senator Lack, Senate Bill Number 4471,

        22       Agriculture and Markets Law, in relation to the

        23       sale and delivery of liquefied petroleum gas.











                                                             
3387

         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 54.

         9                      ACTING PRESIDENT FARLEY:  The

        10       bill is passed.

        11                      THE SECRETARY:  Calendar Number

        12       803, by Senator Holland, Senate Bill Number

        13       6969, Social Services Law, in relation to the

        14       single room occupancy support services program.

        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 54.

        23                      ACTING PRESIDENT FARLEY:  The











                                                             
3388

         1       bill is passed.

         2                      THE SECRETARY:  Calendar Number

         3       805, by Senator Spano, Senate Bill Number

         4       2028-A -

         5                      SENATOR GOLD:  Lay it aside.

         6                      ACTING PRESIDENT FARLEY:  Lay

         7       that bill aside.

         8                      THE SECRETARY:  Calendar Number

         9       808, by Senator Spano, Senate Bill Number 7011,

        10       Labor Law.

        11                      SENATOR GOLD:  Lay it aside.

        12                      ACTING PRESIDENT FARLEY:  Lay it

        13       aside.

        14                      THE SECRETARY:  Calendar Number

        15       816, by Senator Saland, Senate Bill Number

        16       5765-B, authorizing the town of Wappinger,

        17       county of Dutchess, to discontinue the use of

        18       certain park lands.

        19                      SENATOR GOLD:  Yeah, would

        20       Senator Saland let us have one day on this,

        21       please?  We'll give him anything he wants.

        22       Okay.  Lay it aside temporarily, please.

        23                      ACTING PRESIDENT FARLEY:  Lay the











                                                             
3389

         1       bill aside.

         2                      SENATOR GOLD:  Senator Saland,

         3       may we have one day, please, sir?

         4                      SENATOR SALAND:  Excuse me?

         5                      SENATOR GOLD:  On 816, can we

         6       have one day?

         7                      SENATOR SALAND:  If you would

         8       like the day -- if there's a question, I would

         9       certainly be happy to answer it.

        10                      SENATOR GOLD:  I will relay that

        11       to the people who were really asking the

        12       questions who were using me as a front.

        13                      ACTING PRESIDENT FARLEY:  Lay the

        14       bill aside for today.

        15                      SENATOR GOLD:  Thank you very

        16       much.

        17                      THE SECRETARY:  Calendar Number

        18       818, by Senator Skelos, Senate Bill Number

        19       6344-A, General Municipal Law, in relation to

        20       authorizing an "early bird" bingo game.

        21                      SENATOR LEICHTER:  Lay it aside.

        22                      ACTING PRESIDENT FARLEY:  Lay

        23       this bingo game aside.











                                                             
3390

         1                      THE SECRETARY:  Calendar Number

         2       820, by Senator Bruno, Senate Bill Number 6898,

         3       an act to amend Chapter 460 of the Laws of 1986,

         4       creation of the Saratoga Lake Protection and

         5       Improvement District.

         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 55.

        14                      ACTING PRESIDENT FARLEY:  The

        15       bill is passed.

        16                      THE SECRETARY:  Calendar Number

        17       821, by Senator Volker, Senate Bill Number 6904,

        18       an act to amend the Local Finance Law, in

        19       relation to the sale of municipal obligations by

        20       the county of Erie.

        21                      ACTING PRESIDENT FARLEY:  There's

        22       a home rule message here at the desk.  You can

        23       read the last section.











                                                             
3391

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      ACTING PRESIDENT FARLEY:  Call

         4       the roll.

         5                      (The Secretary called the roll.)

         6                      THE SECRETARY:  Ayes 55.

         7                      ACTING PRESIDENT FARLEY:  The

         8       bill is passed.

         9                      THE SECRETARY:  Calendar Number

        10       822, by Senator Nolan, Senate Bill Number 6907,

        11       an act to legalize and validate the adoption of

        12       a bond resolution in the town of New Scotland.

        13                      ACTING PRESIDENT FARLEY:  Read

        14       the last section.  I'm sorry, before we read the

        15       last section, there's a home rule message at the

        16       desk.  Now you can read 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 55.

        23                      ACTING PRESIDENT FARLEY:  The











                                                             
3392

         1       bill is passed.

         2                      THE SECRETARY:  Calendar Number

         3       823, by Senator Stafford, Senate Bill Number

         4       7023, authorizing the Town of Waverly, county of

         5       Franklin, to discontinue the use of and transfer

         6       of certain parks lands.

         7                      ACTING PRESIDENT FARLEY:  Read

         8       the last -

         9                      SENATOR GOLD:  May we have one

        10       day on this bill?

        11                      SENATOR PRESENT:  Lay it aside

        12       for the day.

        13                      ACTING PRESIDENT FARLEY:  Lay it

        14       aside for the day.

        15                      THE SECRETARY:  Calendar Number

        16       824, by Senator Volker, Senate Bill Number 7199,

        17       an act to amend the Erie County Tax 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.











                                                             
3393

         1                      (The Secretary called the roll.)

         2                      THE SECRETARY:  Ayes 55.

         3                      ACTING PRESIDENT FARLEY:  The

         4       bill is passed.

         5                      THE SECRETARY:  Calendar Number

         6       825, by Senator Volker, Senate Bill Number 7518,

         7       an act to amend the Town Law, in relation to the

         8       deadline for annual audit to be completed.

         9                      ACTING PRESIDENT FARLEY:  Read

        10       the last section.

        11                      THE SECRETARY:  Section 2.  This

        12       act shall take effect immediately.

        13                      ACTING PRESIDENT FARLEY:  Call

        14       the roll.

        15                      (The Secretary called the roll.)

        16                      THE SECRETARY:  Ayes 54, nays 1,

        17       Senator Pataki recorded in the negative.

        18                      ACTING PRESIDENT FARLEY:  The

        19       bill is passed.

        20                      THE SECRETARY:  Calendar Number

        21       827, by Senator Pataki, Senate Bill Number

        22       2876-A, Environmental Conservation Law, in

        23       relation to state agency environmental audits.











                                                             
3394

         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 57.

         9                      ACTING PRESIDENT FARLEY:  The

        10       bill is passed.

        11                      THE SECRETARY:  Calendar Number

        12       831, by Senator Johnson, Senate Bill Number

        13       7722, Environmental Conservation Law.

        14                      ACTING PRESIDENT FARLEY:  Read

        15       the last section.

        16                      THE SECRETARY:  Section 2.  This

        17       act shall take effect immediately.

        18                      ACTING PRESIDENT FARLEY:  Call

        19       the roll.

        20                      (The Secretary called the roll.)

        21                      THE SECRETARY:  Ayes 57.

        22                      ACTING PRESIDENT FARLEY:  The

        23       bill is passed.











                                                             
3395

         1                      THE SECRETARY:  Calendar Number

         2       833, by Senator Maltese, Senate Bill Number

         3       1648.

         4                      SENATOR ONORATO:  Lay it aside.

         5                      ACTING PRESIDENT FARLEY:  Lay

         6       that bill aside.

         7                      THE SECRETARY:  Calendar Number

         8       834, by member of the Assembly Ramirez, Assembly

         9       Bill Number -

        10                      SENATOR GOLD:  Lay it aside.

        11                      ACTING PRESIDENT FARLEY:  Lay it

        12       aside.

        13                      THE SECRETARY:  Calendar Number

        14       835, by Senator Maltese, Senate Bill Number

        15       2115, an act to amend the Correction Law.

        16                      ACTING PRESIDENT FARLEY:  Read

        17       the last section.

        18                      THE SECRETARY:  Section 2.  This

        19       act shall take effect immediately.

        20                      ACTING PRESIDENT FARLEY:  Call

        21       the roll.

        22                      (The Secretary called the roll.)

        23                      THE SECRETARY:  Ayes 57.











                                                             
3396

         1                      ACTING PRESIDENT FARLEY:  The

         2       bill is passed.

         3                      THE SECRETARY:  Calendar Number

         4       845, by Senator Holland, Senate Bill Number

         5       2659, an act to amend the 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 57.

        14                      ACTING PRESIDENT FARLEY:  The

        15       bill is passed.

        16                      Senator Present, that's the first

        17       time through.

        18                      Senator Libous.

        19                      SENATOR LIBOUS:  Mr. President,

        20       could I have unanimous consent to be recorded in

        21       the negative on Calendar Number 761?

        22                      ACTING PRESIDENT FARLEY:  761,

        23       Senator Libous will be in the negative.











                                                             
3397

         1                      Senator Present.

         2                      SENATOR PRESENT:  Would you

         3       recognize Senator Paterson; I believe he has a

         4       privileged resolution.

         5                      ACTING PRESIDENT FARLEY:  Senator

         6       Paterson.

         7                      SENATOR PATERSON:  Mr. President,

         8       I have a privileged revolution -- resolution,

         9       kind of as in a revolution -- that I would like

        10       to be read at the desk, if it would be all

        11       right.

        12                      ACTING PRESIDENT FARLEY:  The

        13       Secretary will read Senator Paterson's privi

        14       leged resolution.

        15                      THE SECRETARY:  Legislative

        16       Resolution, by Senator Paterson, congratulating

        17       and honoring President Nelson Mandela as the

        18       first popularly elected president of the new

        19       South Africa and the first black president of

        20       South Africa.

        21                      WHEREAS, it is the sense of this

        22       legislative body to walk in the noontide of

        23       righteous resolve -











                                                             
3398

         1                      SENATOR GALIBER:  Mr. President.

         2                      ACTING PRESIDENT FARLEY:  Hold

         3       on.

         4                      SENATOR GALIBER:  Mr. President.

         5                      ACTING PRESIDENT FARLEY:  I'm

         6       going to ask that you hold your conversations

         7       down for Senator Paterson's resolution.  The

         8       Secretary will continue reading.

         9                      THE SECRETARY:  -- it is the

        10       sense of this legislative body to walk in the

        11       noontide of righteous resolve, in the eternal

        12       light of peace with the imperishable hope of

        13       freedom for all nations of the world;

        14                      Attendant to such concern and

        15       fully in accord with its long-standing

        16       tradition, it is the intent of this legislative

        17       body to commend Nelson Mandela upon the occasion

        18       of his election as the first popularly elected

        19       president of South Africa;

        20                      Nelson Mandela, in spite of

        21       nearly 27 years of political imprisonment, has

        22       dedicated a lifetime spanning more than 70 years

        23       to securing racial equality, political freedom











                                                             
3399

         1       and economic empowerment for all South Africans;

         2                      Nelson Mandela exemplifies a

         3       spirit, dedication and foresight which has not

         4       only precipitated independence and

         5       enfranchisement for all South Africans but has

         6       propelled him forward as the first popularly

         7       elected president of the New Republic of South

         8       Africa;

         9                      The African National Congress, in

        10       spite of countless threats, beatings and arrests

        11       and assassinations of its membership and leader

        12       ship, has waged an ever vigilant battle to

        13       eradi- cate the last vestiges of racism and

        14       colonialism from South Africa and to bring about

        15       a truly democratic state;

        16                      With about 46 percent of the

        17       estimated 22.7 million votes counted, the people

        18       of South African have cast their ballots for the

        19       first time in a multi-racial election and

        20       furnished an electoral mandate to the architects

        21       of the New Republic of South Africa;

        22                      The African National Congress was

        23       projected to win around 240 seats in the new 400











                                                             
3400

         1       seat Parliament.

         2                      With the demise of the dreaded

         3       social system of apartheid, the people of South

         4       Africa have spoken in unity and in peace;

         5                      WHEREAS, on May the 10th, 1994,

         6       Nelson Mandela will be inaugurated at a ceremony

         7       attended by world leaders, including Hillary

         8       Rodham Clinton and Vice-president Al Gore;

         9                      The desire for freedom and self

        10       determination upon the part of the people of

        11       South African touches the hearts of all.  It

        12       transcends the advocates of mindless retrench

        13       ment; it frays and shreds the mantle of purblind

        14       indifference which so cruelly seeks to rewrite

        15       the tragic history of black sufferings arching

        16       across the great Atlantic, it strikes a resonant

        17       chord upon the American bell of freedom;

        18                      Upon the occasion of this

        19       historic achievement, it is the sense of this

        20       legislative body to pause in its deliberations

        21       and so proudly congratulate President Mandela

        22       and the African National Congress in recognition

        23       of their monumental achievements and their











                                                             
3401

         1       electoral victory, and join with the nations of

         2       the world in welcoming a new democracy to those

         3       already heroically committed to the fruition of

         4       freedom's promise;

         5                      This legislative body maintains

         6       its pledged commitment to work with and support

         7       continuing efforts to eradicate racism and

         8       improve living standards in the newly elected

         9       Republic of South Africa; now therefore, be it

        10                      RESOLVED, that this legislative

        11       body pause in its deliberations to commend

        12       Nelson Mandela upon the occasion of his election

        13       as the first popularly elected president of the

        14       New Republic of South Africa and the first black

        15       president of South Africa; and be it further

        16                      RESOLVED, that copies of this

        17       resolution, suitably engrossed, be transmitted

        18       to President Nelson Mandela and the African

        19       National Congress.

        20                      ACTING PRESIDENT FARLEY:  Senator

        21       Paterson, on the resolution.

        22                      SENATOR PATERSON:  Mr. President,

        23       I want to thank all of my colleagues for being a











                                                             
3402

         1       part of the resolution.  I would also like to

         2       thank Senator Gold and the members of the

         3       Majority for making it possible for us to have

         4       the resolution read at this time and I'm hoping

         5       that we will do more than pause from our

         6       deliberations in harmonious celebration of this

         7       historical event.

         8                      I hope that we will take the

         9       meaning of what occurred today in South Africa

        10       and try to think globally in terms of human

        11       rights violations that are taking place in

        12       Rwanda as we speak, of human rights violations

        13       that are taking place in Bosnia and in human

        14       rights violations that are taking place right

        15       here in the United States.

        16                      I've never been to South Africa,

        17       but I have been to the South Bronx.  I have been

        18       to -- to areas of this state where people are

        19       living in what are the squalor conditions that

        20       many South Africans lived in and many as a

        21       result of violations that occurred in this

        22       country hundreds, and in some cases, decades

        23       ago.











                                                             
3403

         1                      We're hoping that this moment in

         2       history, this opportunity in which 90 percent of

         3       South Africans went to the polls and elected

         4       Nelson Mandela, their president, will start in

         5       place right here in United States where we have

         6       presidential elections that less than half the

         7       population votes in, statewide primaries that

         8       less than 20 percent of the people vote in,

         9       school board elections when sometimes 5 percent

        10       of the population votes in.

        11                      Maybe we have taken our rights

        12       for granted at a time when the world so sorely

        13       needs the participation.  How else do you judge

        14       society unless you judge it by those who make up

        15       the society?  But when we think that we are in

        16       1994, in our vast age of technology when we can

        17       televise this inauguration around the world,

        18       when we can have interviews with many who

        19       participated and they'd be seen 7,000 miles

        20       away, when we think about that time period,

        21       isn't it interesting that some of the simplest

        22       and most common aspects of human nature are not

        23       observed and are only now being laid to rest in











                                                             
3404

         1       places like South Africa.  Is it that our

         2       ability to learn in a logical and mathematical

         3       sense has exceeded, our human values?  I guess

         4       that is the case.

         5                      No one in South Africa ever

         6       thought that apartheid was a policy that was

         7       correct or in any way commensurate with how

         8       people should live anyway, anywhere.  None of

         9       the high officials of the South African

        10       government ever really believed that this was

        11       the way that people should live in our time or

        12       in any other time, and yet it was allowed to

        13       happen.  Why would that be the case?  Why was

        14       apartheid not only encouraged but was sanctioned

        15       by the government?  Let's just remember that

        16       every time there was a protest, that any time

        17       there was a disturbance, there were government

        18       troops coming out to quell it.  Let's remember

        19       that right here in this chamber, Senator

        20       Montgomery and others joined to try to limit the

        21       rights of corporations that were registered in

        22       New York State that were doing business in South

        23       Africa, and we stood silently by for years and











                                                             
3405

         1       just hoped that the situation would work itself

         2       out.  Well, the situation worked itself out, no

         3       thanks to our participation, and yet we are

         4       still obliged and are allowed to join in the

         5       celebration.

         6                      Perhaps what we might want to do,

         7       rather than just relinquish the opportunity, is

         8       to seize upon the moment and look at our state

         9       and look at our government and look at our house

        10       and see how much in order it may be.  How many

        11       issues that we might discuss or might address

        12       are at this time being held hostage when we know

        13       that any value or any condition that would

        14       promote any interest in our neighbors would

        15       compel us to discuss it and to try to ameliorate

        16       some of the conditions that our brothers and

        17       sisters right here in America are enduring?  How

        18       many times have we ignored the opportunity to be

        19       a part of history and to be part of that

        20       celebration?

        21                      There will be no discussion in

        22       the moment in which Nelson Mandela who once sat

        23       in the prison and looked through the windows at











                                                             
3406

         1       the state house who will now sit in the state

         2       house and look through the windows of the

         3       prison, there will be no remembering of those

         4       who complied or got along just by going along

         5       with the apartheid conditions of South Africa.

         6       History will not remember them.  History will

         7       remember those who rather chose out -- to speak

         8       out against that injustice with the truth, who

         9       tried to do something to change those

        10       conditions, and it is in their honor that we try

        11       to remember them.

        12                      I remember being outside this

        13       chamber one day a few years ago when a colleague

        14       came up to me and said there was an article

        15       about Nelson Mandela, that he and his daughter

        16       hadn't spoken to each other in 20 years.  It

        17       would -- and that this was not a good image for

        18       a black father to be portraying, but the problem

        19       is that Nelson Mandela's daughter is 43 years

        20       old.  Nelson Mandela is 73 years old.  This was

        21       a -- apparently some kind of a dispute involving

        22       a second marriage that occurred as adults.  This

        23       in no way would reflect the contribution this











                                                             
3407

         1       man has made to humankind as a leader, not to

         2       delve into some personal problem, but it makes

         3       me understand that we have now become a hard

         4       copy generation.  We would rather indulge

         5       ourselves in the eccentricities of peoples'

         6       existence rather than the contribution that they

         7       have made to such an extent that we can stand in

         8       this chamber and even be part of what would be a

         9       society that is striving for freedom today.

        10                      And so those are the issues that

        11       history represents, not just the minor

        12       malfeasances of individual character but the

        13       overall great good that they have done and have

        14       contributed to our society and to the world.

        15                      And so it is in that spirit that

        16       I offer this resolution, a prelude, I hope to a

        17       remembrance of the kinds of goals and values

        18       that we strive for as human beings that we can

        19       appreciate whether we are Asian, black, Hispanic

        20       or white, whether we are upper middle class or

        21       welfare recipients, whether we send our children

        22       to public or private school or in any way that

        23       we live our lives, we understand that there are











                                                             
3408

         1       certain self-truths, there are certain dignities

         2       that we should bestow upon our neighbors that

         3       unfortunately is still misunderstood in this

         4       century, and it took until May the 10th, 1994,

         5       for the nation of South Africa, the new South

         6       Africa, to recognize all people at least on

         7       paper in a way that would equal their value as

         8       human beings.  We hope that this will be the

         9       beginning of a new era in which land rights and

        10       also self-determination will not only follow the

        11       South Africa government but every government of

        12       people around the world.

        13                      Thank you, Mr. President.

        14                      ACTING PRESIDENT FARLEY:  Senator

        15       Galiber.

        16                      SENATOR GALIBER:  Thank you, Mr.

        17       President.

        18                      I could never really think this

        19       could ever happen in my lifetime.  Those of us

        20       who are here in this chamber, and there are some

        21       good folk in this chamber who have helped this

        22       happen in South Africa.  I used to say, Senator

        23       Paterson, the same thing, we could have no











                                                             
3409

         1       freedom in South Bronx until we have freedom in

         2       South Africa.  If this is any indication,

         3       certainly things are looking better.  It's been

         4       an awful long time coming.

         5                      Can you imagine in the real

         6       world, someone for a commitment, for a cause,

         7       spent 27 years in jail -- 27 years in jail

         8       because you believe that all people were truly

         9       created equal, and that they should have an

        10       opportunity to participate?

        11                      I can recall some years ago as I

        12       reflect on progress, as we moved, I can recall

        13       Senator Marchi at a convention some years ago

        14       who was out for sanctions and committed to the

        15       same causes that we were when some of his

        16       colleagues, not all, some of his colleagues were

        17       suggesting to us that the Sullivan approach was

        18       better.  "Wait.  Let's see.  Let's not go too

        19       fast", but he focused as usual on the notion

        20       that if you are committed for as long as 27

        21       years and you can come out of prison after 27

        22       years with love in your heart, with no hatred,

        23       looking not to get even but to move forward,











                                                             
3410

         1       what a -- what a person, what a man, what a

         2       golden opportunity, if you will, for us to

         3       reflect on what he represents.

         4                      If we can take just a piece of

         5       the cloth that he wears, magnify it and send it

         6       over, if you will, to the problems that we have

         7       here in this great state, that the racism that

         8       still exists -- its ugly head is still there,

         9       this frame of mind I keep telling you over and

        10       over about, the practices of discrimination -

        11       why are we wasting so much valuable time?

        12                      When Nelson Mandela left jail,

        13       there were some who would suggest that Nelson

        14       Mandela was free, and there are some of us who

        15       wisely said "No, he's not free.  He's not free.

        16       He's just out of jail."  And I suggest that we

        17       look at South Africa as we celebrate this great

        18       day, great day for democracy, as we see walls

        19       come tumbling down, as we see countries driving

        20       or striving or struggling, if you will, for the

        21       sense of democracy, all not calm yet but

        22       certainly working towards democracy.  We're

        23       living in such interesting times and fantastic











                                                             
3411

         1       times with Senator Marchi and to many of my

         2       colleagues and others who have been on the side

         3       of righteousness, what is good and what is right

         4       and what is fair.  We've got to watch South

         5       Africa and not get hoodwinked into a position

         6       that now that we have a president for the first

         7       time, that everything is okay, everything is

         8       going to run smooth.  I say not so.  We have to

         9       be extremely careful because to be a president

        10       and not take the advantage or control over the

        11       natural resources of that country, is a mere

        12       president with no power, so they need our help

        13       in so many, many ways.

        14                      And in closing, I would like to

        15       say that oppression, period, is a fight and a

        16       struggle against oppression, and we've had

        17       phases of oppression and we've moved forward in

        18       this country, and every now and then we feel a

        19       sense of slippage when we're taking two steps

        20       forward and sliding back three, but we all

        21       should join in celebration, whatever our

        22       discipline, whatever our attitudes are, we

        23       should join in celebration of this day.











                                                             
3412

         1                      For all people as you saw them on

         2       the lines waiting to vote in South Africa, we

         3       have folks here who won't come out of their

         4       high-rises off the 14th floor to vote.  They

         5       have forgotten in this great country of ours,

         6       when people just a few years ago were not

         7       allowed to vote unless you owned property and a

         8       whole slew of other conditions precedent

         9       forgotten, but to see the elderly people in

        10       Africa in wheelchairs saying "this is my last

        11       act, last act for democracy, last act to take an

        12       opportunity to participate," what a great lesson

        13       there is to be learned today.

        14                      So, Mr. President, as we pause,

        15       and rightly so, in celebration for democracy,

        16       celebration for integrity, celebrate for

        17       sticktoitiveness, celebrating love versus

        18       hatred, because I can think of no other person

        19       except Mandela, president Mandela, to spend 27

        20       years in jail with all the hardships and the

        21       abuse and the tragedies that have occurred in

        22       South Africa, the killings and the children that

        23       have died, I can't imagine how he survived, but











                                                             
3413

         1       as we celebrate this occasion, we should look at

         2       that experience, his experience as our experi

         3       ence and move forward and stop nitpicking over

         4       some of the nonsense that's taking place even at

         5       this particular time.

         6                      So I take the opportunity to

         7       congratulate South Africa and to thank those of

         8       my colleagues who were helpful in terms of the

         9       sanctions and helpful in terms of applying

        10       pressure and, John Marchi, I point you out

        11       individually to say thank you, because I know

        12       for sure of your position when you were fighting

        13       against your colleagues who did not want us to

        14       go through and proceed, so there are some

        15       victories in our world and this is one of them.

        16                      Thank you, Mr. President.

        17                      ACTING PRESIDENT FARLEY:  Senator

        18       Marchi.

        19                      SENATOR MARCHI:  It's, indeed, a

        20       very moving experience to witness the fact that

        21        -- well, today is the day, isn't it?  It's May

        22       10th -- that this event has taken place.  Now,

        23       this isn't more of same, more nations acquiring











                                                             
3414

         1       statehood in Africa or anywhere else.  This is

         2       an experience that has been in a process of

         3       evolution for a number of years, and as has been

         4       said with a great deal of human sacrifice, great

         5       suffering, great emotions being challenged,

         6       abuses, all kinds of things taking place, and

         7       yet, the final impact was the emergence of an

         8       individual, and mind you, you have not had this

         9       in my memory, at least since the days of Mahatma

        10       Gandhi stepping out of prison as it were, and in

        11       a relatively short time by comparison to that

        12       time when he was not free to function, to assert

        13       the moral grandeur of this new nation, the

        14       spiritual grandeur of this nation.

        15                      The first thing that the new

        16       president said, "I am the president of all the

        17       people".  Now, you never had this.  In most

        18       cases, there was somebody crowing over a

        19       victory.  His was an affirmation that he is the

        20       president of all the people, and the formulation

        21       of that government was for the purpose of

        22       speaking to all of them as members of this new

        23       society that was emerging.  Now, this is an











                                                             
3415

         1       exciting step.  This isn't something that had

         2       happened virtually as nations were born during

         3       the last 30 and 40 and 50 years.  This was

         4       something different.  It had a moral and

         5       spiritual context, and it is a challenge.  It's

         6       not the beginning of the end.  It's the end of

         7       the beginning, but the important steps are going

         8       to be now.

         9                      If there is a great victory in

        10       terms of positive progress from now on -- and

        11       that will require international cooperation and

        12       the comity of nations knowing that the responsi

        13       bility that is there, do we realize what this is

        14       going to mean to other nations that are still in

        15        -- in deep difficulty in terms of achieving and

        16       perfecting their own independence.  It helps

        17       us.  It helps anybody on the planet.  If this

        18       can -- if this affirmation -- and it's not going

        19       to happen overnight with tremendous victories.

        20       It's going to be acquired by hard work and it's

        21       going to be acquired by the cooperation of

        22       nations, and that benefit is going to flow to

        23       everybody on this planet, because if it can be











                                                             
3416

         1       done, it will be a dramatic example of what good

         2       faith can mean.

         3                      I remember several years back, an

         4       attempt was made to provide an auspices.  We

         5       have an auspices in this country since 1922 or

         6        '23 in providing academic opportunities to

         7       foreign students, and this is sponsored by the

         8       federal government, and it was my suggestion and

         9       others that we do the same thing on a state

        10       basis even if it's a modest basis and taking

        11       other areas where an auspices can be created for

        12        -- for the preparation of a cadre that will be

        13       able to step in and assume the responsibilities

        14       for crafts, for new technology, for so many -

        15       for so many functions that are going to be

        16       required for the success of over 20 million

        17       people functioning -- functioning successfully.

        18                      There's a lot of infrastructure

        19       there already, but meaningful participation will

        20       require furnishing that type of auspices for a

        21       growing number of people who, in the throes of

        22       the last years of this effort, were distance -

        23       distant from a process even at the level which











                                                             
3417

         1       it existed at that time.  There was a slow-down

         2       so that receptive communities and receptive

         3       states can provide even on a modest basis but in

         4       their totality would constitute a very, very -

         5       a dramatic contribution in assisting a new state

         6       come into being with the cadre of people,

         7       because the richness of that nation is going to

         8       be its people, and if they have the proper tools

         9       with which to function, they are going to enrich

        10       and build on what they have.

        11                      So that it's a great opportunity,

        12       I think as a day of rejoicing for all elements

        13       of decency that exist throughout this planet,

        14       and it's going to come back many times if we

        15       recognize the opportunity that we have that

        16       should be seized, that opportunity should be

        17       seized to make a very dramatic impact and to

        18       give every assurance that we believe that this

        19       will function.

        20                      Even the number of people -- I

        21       believe Senator Paterson mentioned the great

        22       number of people that voted in South Africa

        23       compared to the fact that we bring in less than











                                                             
3418

         1       half of our voting population to the polls.

         2       That's the importance that was attached to what

         3       was being done, and this educative process, this

         4       involvement, everyone had a share, everyone had

         5       a little peice of that nationhood that was being

         6       created, and they went to the remotest areas.

         7       It was very dramatic just to see in some of the

         8       news reports, the televised reports of the

         9       super-human efforts that were being made to

        10       reach as many people as possible regardless of

        11       the remoteness of their residence, because it

        12       was very important.  It wasn't just one more

        13       vote.  This was establishing a bond -- this was

        14       a bonding operation.  These people were

        15       participating in the creation of a nation,, and

        16       in most cases this doesn't happen.  It's the

        17       product of an elite.  This wasn't an elite.

        18       This was everybody and everybody had a little

        19       piece of it.  We didn't even have that

        20       experience ourselves in the founding of our own

        21       nation.

        22                      So this was a rather unusual and

        23       dramatic way of establishing a statehood, a











                                                             
3419

         1       direct participation and a direct solicitation

         2       and the provisioning of that opportunity to cast

         3       their ballot, that was the passport to becoming

         4       a member of a new nation, and that was a pass

         5       port that very few nations have ever experienced

         6       anywhere else, but it did happen here, so we had

         7       so many things happening -- people participating

         8       directly in great numbers, every effort being

         9       made to extend that franchise and to take this

        10       bonding experience and then handing it to those

        11       who would be assuming responsibility and the

        12       response was "We are one nation."  That was

        13       Nelson Mandela's response.

        14                      All right.  I think it's a great

        15       moment in history.  It's one of the -- one of

        16       the signal steps that you find very few counter

        17       parts anywhere else, very few counterparts that

        18        -- that can trace the footsteps that were taken

        19       prior to the establishment of a new member of

        20       the family of nations in the form and the

        21       complete and total form with which we behold it

        22       today.

        23                      So it's a day to rejoice, but











                                                             
3420

         1       it's also one for sober reflection on the

         2       serious responsibilities that we assume and we

         3       rejoice over these circumstances because we, by

         4       our collective -- the comity of nations and by

         5       collective realization of the responsibility the

         6       free world has, we have the opportunity to make

         7       a function, and it's going to -- it's going to

         8       happen naturally, but it has to be supported,

         9       and there's no worse blasphemy than denying our

        10       dependency on each other, and even ourselves.

        11       We will benefit greatly.  We will benefit

        12       greatly by the very example that will be set if

        13       we give full effect and full credence in our own

        14       commitment to what has happened.

        15                      So, again, we must thank

        16       providence that steps have taken the trend they

        17       have, but it's also an indication that our work

        18       is cut out for us in trying to give every

        19       conceivable encouragement, positive

        20       encouragement, to those people who have now

        21       embarked on a -- on a very difficult operation

        22       but which I believe, given the faith that they

        23











                                                             
3421

         1       have professed already, is going to endure to

         2       the benefit of mankind.

         3                      ACTING PRESIDENT FARLEY: Senator

         4       Waldon.

         5                      SENATOR WALDON:  I first want to

         6       applaud Senator Paterson for making it possible

         7       for us to have the opportunity to speak on

         8       Nelson Rolihlahla Mandela and his inauguration

         9       as president of South Africa.

        10                      I would like to compliment, Mr.

        11       President, the Republican side for recognizing

        12       that today is the day that he was sworn and

        13       today is the day that we should deal with this

        14       resolution.  This is a great day of pride for

        15       me.

        16                      So allow me -- let me back up to

        17       the time that I was a young child in Florida and

        18       New York.  In Florida everybody was black in my

        19       neighborhood, but when we moved to Halsey Street

        20       in Brooklyn, I met people from all over the

        21       world in terms of the children who were in my

        22       classes.  Stanley Yuslowski, his family came

        23       from the Russias, Jewish; "Sonny" Galino, his











                                                             
3422

         1       grandparents had come from Italy.  He was

         2       Italian-American.  Went to Junior High School

         3       85. I met guys who were great ball players,

         4       whose grandparents had come from Ireland.  They

         5       were Irish-Americans.  Met a guy named Freitche,

         6       super ball player, tough guy, German-American,

         7       and when we would talk about their parents and

         8       where their parents had come from and their

         9       experiences, they spoke with great pride about

        10       the home land, the mother country, but I did not

        11       and could not at that time, because there

        12       weren't a lot of classes in school teaching me

        13       about where my people had come from.  The movies

        14       depicted us in very bad ways.  In fact, I can

        15       honestly admit now, because I'm mature enough to

        16       recognize that I can distinguish between what

        17       was good then and bad then and what is good now

        18       and bad now versus who I am, my self-image, I

        19       was ashamed of the fact that my people had come

        20       from Africa because everything I saw spoke to

        21       the "dark continent", the ignorant people from

        22       there, people in trees wearing short outfits.

        23                      So today is a day where children











                                                             
3423

         1       who are young of age, as I was in the '40s, will

         2       never have to experience what I experienced,

         3       because when you ask the question, what is

         4       Nelson Mandela, you have to respond, a

         5       visionary, a man of great stature and intellect,

         6       a true leader of all the people, a man who put

         7       himself second to the cause that he saw as

         8       necessary for the viability and the survival of

         9       South Africa:  Freedom and democracy.

        10                      When you ask, what does Nelson

        11       Mandela mean to Al Waldon, it has to be

        12       responded with I, too, walk a little taller

        13       because of this giant -- this man who will be

        14       remembered, in my opinion, historically as was

        15       Mahatma Gandhi and as is Mahatma Gandhi; as was

        16       Franklin Roosevelt and as is Franklin Roosevelt;

        17       as was Winston Churchill and as is Winston

        18       Churchill.  This man will become one of the

        19       great historical leaders of our time, and I

        20       believe of all time.

        21                      But the significance of the

        22       achievement of bringing from a state of

        23       apartheid to democracy in South Africa for the











                                                             
3424

         1       children who are of the African Diaspora, in my

         2       opinion, will be that they now can be very proud

         3       of their ancestry.  They now can no longer be

         4       fooled into thinking that Africa is not a valu

         5       able and viable place, with all of its mineral

         6       wealth and all of its beauty, because it is a

         7       stark reality as of today when Nelson Mandela

         8       took the presidency of South Africa.

         9                      So I applaud all of us in what we

        10       did in our own way to make it possible for South

        11       Africa to be what it is today and for Nelson

        12       Mandela to ascend to the presidency.  I thank

        13       you for the book drive where many of you have

        14       helped.  I thank you for the gifts that you made

        15       years ago in regard to your votes affecting the

        16       policies -- financial policies of New York

        17       State, in regard to your encouragement of those

        18       from South Africa who came here needing to be

        19       encouraged.

        20                      I thank you for your comradeship

        21       with me, a great, great, great grandson of

        22       somebody from somewhere in Africa.

        23                      Today is a day of great pride.











                                                             
3425

         1       It's a day mostly of great pride for those of

         2       South Africa, but secondarily for those of us

         3       who have descended from those of all of Africa.

         4       But it is also a day of pride for each of you

         5       because, when this man achieved what he

         6       achieved, all humankind on earth achieved as

         7       well.

         8                      Thank you very much, Mr.

         9       President.

        10                      SENATOR GOLD:  Mr. President.

        11                      ACTING PRESIDENT FARLEY:  Senator

        12       Gold.

        13                      SENATOR GOLD:  Thank you, Mr.

        14       President.

        15                      Mr. President, I would be less

        16       than candid if I didn't admit that, when I

        17       watched the movie EXODUS, and the British

        18       finally accede and the blockade is broken and

        19       the ship is on its way to Israel, I cry a

        20       little; I choke.  And I admit that you -- I

        21       don't know anyone who watches that one scene in

        22       CASABLANCA where they sing "The Marseillaise"

        23       and everybody gets involved and the Germans are











                                                             
3426

         1       put down at that point, and I choke and I cry.

         2       And I won't delude anybody here.  As I sat in

         3       The Egg today and they showed the inauguration

         4       of Nelson Mandela, my eyes were not dry.  It was

         5        -- it was enormous.  It's just an enormous,

         6       enormous event in the history of this world.

         7                      My dear friend, Senator Waldon,

         8       says that as a result of today, he can walk a

         9       little taller.  Well, I want to tell you

        10       something, Senator.  I don't think there's any

        11       freedom-loving person on the earth who shouldn't

        12       walk a little taller today.  Today is a day when

        13       human beings did something human, and we all

        14       know that, unfortunately, that's too unusual.

        15       But today was a day when, if you were a human

        16       being and you saw this, it had to affect you

        17       whether or not your ancestors came from Africa

        18       or any other continent.

        19                      A number of people have referred

        20       to the -- this vision of a man for 27 years

        21       looking out of prison at a palace, and now 27

        22       years later looking back the other way.  That

        23       man is a man whose picture and name was banned











                                                             
3427

         1       from the press for all that time, and here's a

         2       man who, after 27 years of that, keeps his eye

         3       on the ball.  He understands that the success of

         4       his country is more important than revenge, and

         5       whereas, as human beings, we understand how

         6       someone could build up an enormous hatred, an

         7       enormous resentment, and could come out, get

         8       that freedom and "show the world" in the violent

         9       sense, the man has his eye on the target, and

        10       will take that country and show that what is

        11       inside of him is the success of his country is

        12       more important than whatever venality was done

        13       to him than to show that he could do that to

        14       other people.

        15                      I also was very touched today by

        16       not only what I saw on the screen when they

        17       showed the inauguration, but by something else

        18       which I thought was very important.  There were

        19       faces in that audience and these weren't

        20       "thems", these were ours, these are our kids,

        21       American kids, growing up here and they had such

        22       a feeling of pride at what happens so many, many

        23       miles away, that humanity took a step up and











                                                             
3428

         1       that they could, as my distinguished colleague

         2       indicated, walk a little taller.  They sang the

         3       new anthem of the Republic, and it was

         4       beautiful.  It was beautiful music because it

         5       came more from heart than from the vocal cords.

         6                      I believe, and I was taught as a

         7       youngster that, when good things happen, you

         8       should always give something to charity.  You

         9       always had a little pushki around, you give

        10       seduca.  When things are good you respond, and I

        11       would like to see this Legislature do this.

        12       There was no problem today getting this

        13       resolution out, because we have a distinguished

        14       deputy Majority Leader and his really very, very

        15       distinguished counsel, who understood that this

        16       had to be today, and I'm not shocked that they

        17       did the right thing because Jess Present usually

        18       does the right thing in helping us run this

        19       Senate.

        20                      But while today is Nelson

        21       Mandela's day, we have a session that will

        22       continue for the next few weeks, months maybe,

        23       and the way to show the enormity of this act is











                                                             
3429

         1       in what we do day to day, whether we put out

         2       bills which are mean-spirited or bills which

         3       take care of people, our people, whether we put

         4       out bills which stake out political positions or

         5       whether we put out bills that start to

         6       comprehend the needs of everybody in this state

         7       to be a part of the process, a part of the

         8       economic process, the social process, and then

         9       we will show that we not only passed a

        10       resolution on one day, but we understood the

        11       enormity of the event.

        12                      I want to close by saying that I

        13       remember, as probably everybody remembers, where

        14       they were the day Kennedy was shot, the day

        15       other significant events happened, and I can

        16       tell you, I will always remember breaking into

        17       our day today at the request of Comptroller

        18       McCall and the Caucus, to sit with other people

        19       in a large room and see this enormous event take

        20       place in front of my eyes.

        21                      It is a day when I can forget

        22       about the mass murderers, and I could forget

        23       about those who have dedicated their lives to











                                                             
3430

         1       destruction.  It is a day when we can really

         2       say, "Today it ain't so bad being a human

         3       being.  Today the good guys did win one."

         4                      ACTING PRESIDENT FARLEY:  Senator

         5       Connor, then Senator Montgomery.

         6                      SENATOR CONNOR:  Thank you, Mr.

         7       President.

         8                      We've seen some momentous events

         9       in history in these past years, and today was

        10       probably -- was undoubtedly one of the most

        11       momentous occasions I've witnessed from afar, to

        12       see a man who spent 27 years in prison -- and

        13       let me say it's not unusual that the liberators

        14       spend time in prison.  Nehru, Gandhi, De Valera,

        15       Nkrumah, Kenyatta, Macarios, on and on the list

        16       goes, the people who spent years in prison

        17       fighting colonizers, fighting for human rights,

        18       fighting for the liberty and democracy.  But I

        19       dare say none of them -- none of them spent such

        20       an enormous portion of their lives in prison as

        21       did Mandela, for principle, and the character of

        22       this man that he could come out of that and not

        23       be bitter, be hopeful, be positive, is truly











                                                             
3431

         1       remarkable, and I think if we look back through

         2       history, we think of world figures that we

         3       observed in our lifetimes.  It places him among

         4       the few truly unique who could have such a

         5       spirit, such an indomitable spirit, such a

         6       hopeful spirit, that he's not embittered by the

         7       kind of imprisonment and enslavement he

         8       personally underwent and by the kind of

         9       tragedies and barbarism the people he leads were

        10       forced to suffer by an unjust system.

        11                      I think the other remarkable

        12       thing or the other thing that's true about

        13       Nelson Mandela is, like other liberators, he has

        14       liberated everyone in his nation.  He has liber

        15       ated not just the oppressed, but he has liberat

        16       ed the oppressors from the kinds of hard hearts,

        17       from the kinds of debilitating demoralization

        18       that undoubtedly their perpetuation of such an

        19       atrocious system as apartheid caused them.

        20                      And it was truly remarkable to

        21       see him inaug... Mandela inaugurated as

        22       president of the Republic of South Africa and to

        23       see the salutes from the military leaders who,











                                                             
3432

         1       for the most part, were white Afrikaans, to see

         2       De Klerk congratulate him because what you

         3       realized is, Mandela just didn't simply uplift

         4       the spirits and free his people, the black

         5       people and the other people of color of South

         6       Africa, but he liberated the white minority.  He

         7       liberated them from the chains of their own

         8       hatred.  He liberated them and lifted their

         9       hearts from the kind of coldness that they, by

        10       perpetuating this system, had brought themselves

        11       into.

        12                      He lifted them from the only

        13       depths that they dug for themselves, even as

        14       they oppressed others, and that's the true mark

        15       of a liberator, the true mark of someone who

        16       will lead the South African Republic on to true

        17       justice that will perfect the democracy they now

        18       have, and it is simply -- it is truly a

        19       remarkable event in the history of humankind to

        20       see such a hopeful development for people every

        21       where, no matter who they are, and I hope that

        22       we still have work -- I know we still have work

        23       to do in our own state, in our own country, to











                                                             
3433

         1       ennoble people, to ennoble the human spirit for

         2       everyone, to make sure everyone has an

         3       opportunity, to make sure that in addition to

         4       political justice there is economic justice for

         5       all, and I hope all of us pause and take

         6       inspiration from what Nelson Mandela and his

         7       comrades in the African National Congress -- and

         8       we can think of so many going back who gave

         9       their lives.  I hope we can all take inspiration

        10       from that, and the ceremony that Comptroller

        11       McCall and the Black and Puerto Rican Caucus

        12       sponsored today, at the end of it, we joined

        13       hands, and it took me back over 30 years to when

        14       I was much younger, when we sang We Shall

        15       Overcome today, it reminded me of many occasions

        16       in the '60s and early '70s and, frankly, while

        17       in those days many of us were hopeful, were

        18       rebellious at the time, I don't think any of us

        19       really in our -- deep in our hearts, that we

        20       carried or ever thought we would live so long to

        21       see what we have seen come to fruition today,

        22       and it's just a wonderful event, and I thank

        23       Senator Paterson for bringing forth this











                                                             
3434

         1       resolution so that we may all honor the heroes

         2       of South Africa and also take inspiration for

         3       our own work yet to come.

         4                      Thank you, Mr. President.

         5                      ACTING PRESIDENT LIBOUS:  Senator

         6       Montgomery.

         7                      SENATOR MONTGOMERY:  Thank you,

         8       Mr. President.

         9                      I just want to add my voice to

        10       say, one, thank you to Senator Paterson and the

        11       leadership in this Legislature -- this legis

        12       lative body, for taking out this time and

        13       allowing us an opportunity to express what I

        14       suspect are such feelings of pride that it

        15       doesn't even come through, though we try to

        16       express it as best we can.  And I know that,

        17       though I was the prime sponsor, along with a

        18       number of my colleagues in this house, of

        19       legislation which was aimed at trying to

        20       escalate the -- this moment in time, that, for

        21       various reasons, primarily political I suppose,

        22       we were not able to get that legislation onto

        23       the floor and voted for.  However, I want to say











                                                             
3435

         1       that Senator Marchi and I, and I think Senator

         2       Marchi, long before Nelson Mandela was released

         3       from prison, had a sense and a vision that this

         4       day would come and, in anticipation of that,

         5       Senator Marchi supported legislation which would

         6       have allowed our state to participate in a

         7       preparation of people in South Africa so that,

         8       when this day came which he knew would come

         9       sooner or later, there would be a base of people

        10       who would be prepared for this to take over.

        11                      I also had conversations with

        12       other members of the other side, including one

        13       of the members who I respect and love so dearly

        14       and miss so much even until today, Senator Gene

        15       Levy, who said to me that, though the

        16       legislation is not coming to the floor, you can

        17       be assured that there are members on this side

        18       who support it.

        19                      So I thank my -- my colleagues

        20       for that kind of vision and that kind of support

        21       and I guess there are so many of us, therefore,

        22       who can take such pride in this moment because

        23       we have, in fact, been part of this liberation,











                                                             
3436

         1       and so it is partly ours, and I think that for

         2       me, the moment of greatest pride and joy and

         3       happiness and fulfillment was the day that

         4       Nelson Mandela walked out of jail, out of

         5       prison, and in that moment I felt that it was in

         6       honor of the many thousands of people, women and

         7       children and men, who had died for that moment

         8       and many millions of people around the world who

         9       kept the flame burning and kept the faith and

        10       fought and worked for that moment to happen, and

        11       I am so sure that there were so many hours and

        12       years that Nelson Mandela spent in that prison

        13       cell, in those prison cells, anticipating the

        14       freedom of his people and remembering the reason

        15       that he was there, and contemplating what he

        16       would do as a freed person and how he would

        17       participate in the true liberation as Senators

        18       have spoken about today and, therefore, when he

        19       came out, he was prepared and I had that sense

        20       when he walked out of -- out of there that this

        21       day was going to come and that he would be part

        22       of it.  And so it's the fulfillment of the kind

        23       of dream that people have that only happens











                                                             
3437

         1       perhaps only once in a lifetime and, for those

         2       of us for whom it happens more frequently, it is

         3       indeed so wonderful.

         4                      But this, I think, is a once-in

         5       a-lifetime fulfillment of a dream for so many of

         6       us, and I am so thankful that it is Nelson

         7       Mandela who is fulfilling that dream, for I know

         8       of no other person in this world at this time

         9       that I believe could and will carry out the

        10       mission and the cause and the course for which

        11       he was he was imprisoned, and that is that for

        12       those who will fight and die for their freedom,

        13       freedom is sweeter and more significant, and it

        14       embraces us all.

        15                      So I join my colleagues in this

        16       wonderful moment that we have set aside.  To me

        17       it is a statement by this body that the reason

        18       that we are here is being honored and that we

        19       really do believe in it.  We believe in this

        20       democracy and we celebrate a man who is

        21       hopefully going to bring that realization to a

        22       part of the world that has been in darkness for

        23       so many years.











                                                             
3438

         1                      So thank you, Mr. President.

         2                      ACTING PRESIDENT LIBOUS:  Senator

         3       Dollinger.

         4                      SENATOR DOLLINGER:  Thank you,

         5       Mr. President.  I'll be brief.

         6                      I want to add my voice to those

         7       of my colleagues and add just one slight

         8       variation.  I think the wonder of today is what

         9       it tells us about our ability to change

        10       ourselves.  As I sat here and listened to my

        11       colleagues' comments, I remembered two little

        12       phrases that summarize what I think is the

        13       American democratic experience and which I think

        14       are important to keep in mind as we discuss

        15       Nelson Mandela.

        16                      One is the principle of one

        17       person and one vote, and there could be no

        18       greater affirmation, as Senator Marchi said,

        19       than the vote of 22 million people who formerly

        20       did not have the right to vote in South Africa,

        21       who walked many miles to vote, who exercised

        22       their franchise in favor of change, and it's

        23       that collective will, that power of people











                                                             
3439

         1       grouping together to effectuate change, that

         2       Nelson Mandela symbolizes.

         3                      But he also symbolizes one other

         4       very important phrase in the American political

         5       experience, and that is that one person can make

         6       a difference.  It seems to me that the

         7       individual liberty, the individual spirit that

         8       we recognize in this democracy, that we want to

         9       have flourish in this democracy under the

        10       concept of collective will, we have to allow

        11       individual human dignity to not only come to the

        12       fore, to flourish, to flower and to effectuate

        13       change.

        14                      What I've learned by the lesson

        15       of today is that history can be changed.  We are

        16       not its product.  We are its author.  A will,

        17       the collective will is our pen and the future is

        18       the clean slate on which we can write and what I

        19       hope this affirmation of human dignity symbol

        20       ized in the inauguration of Nelson Mandela does

        21       today is embolden all of us to take that pen,

        22       whether we're black or white, yellow, brown or

        23       any hue in between, and that we'll write a











                                                             
3440

         1       future that we can all be proud of it that will

         2       recognize our collective ability to live

         3       together and the importance of the individual

         4       human spirit.

         5                      Mr. President, I congratulate my

         6       colleagues for bringing this resolution

         7       forward.  I think it's a great day for all of us

         8       and a great day to celebrate the human dignity

         9       not only of the man who persevered through

        10       prison to the presidency but of all of us who

        11       would like to write a future of change so that

        12       we can all celebrate this not only on these

        13       momentous occasions but every single day.

        14                      ACTING PRESIDENT LIBOUS:  Senator

        15       Pataki.

        16                      SENATOR PATAKI:  Mr. President, I

        17       rise as well to congratulate Senator Paterson on

        18       sponsoring this resolution and to add my words

        19       of thanks and happiness about the tremendous

        20       events that have transpired in South Africa.

        21                      We were all, I believe,

        22       tremendously moved to see the lines stretching

        23       for miles of people, free people, finally given











                                                             
3441

         1       their democratic right standing there, waiting

         2       to exercise that right, and I think it has a

         3       great deal of meaning for us in this body and

         4       for all New Yorkers and all Americans as well,

         5       and that is that ultimately oppression, racism,

         6       bigotry, hatred, will not prevail in the face of

         7       a people united in spirit and united and wanting

         8       simple freedom and dignity that is the right of

         9       everyone as a resident of this planet.

        10                      And second, that when you do have

        11       extraordinary individuals such as Nelson

        12       Mandela, that it doesn't take tanks or planes or

        13       weapons to overcome oppression and injustice.

        14       It takes spirit and a willingness to fight and

        15       be bigger than the oppressors, and I think we

        16       have to learn from this, that injustice does not

        17       have to be met by injustice.  Nelson Mandela has

        18       shown a willingness, an ability to forgive and

        19       transcend his oppressors that all of us could

        20       learn from, and it was just amazing today to be

        21       reading that Nelson Mandela's cellmate when they

        22       were in prison together by the oppressive

        23       regime, as of next week will be the head of the











                                                             
3442

         1       corrections department in the new free South

         2       Africa, and I think we can all have confidence

         3       that he will be a fairer, more just, more human

         4       person in that capacity because of the spirit

         5       and the inspiration that Nelson Mandela has

         6       given not just to the now free people of South

         7       Africa but to all of us across the world who

         8       have to admire his greatness.

         9                      So again, I just want to join and

        10       thank Senator Paterson for offering this

        11       resolution and join with my colleagues in saying

        12       that this is a wonderful day not just for South

        13       Africa, but for African-Americans or for

        14       Americans but for everyone in this world who

        15       respects the dignity and the freedom of

        16       individuals and the capacity of one great

        17       individual to overcome and rise above hatred and

        18       bigotry.

        19                      ACTING PRESIDENT LIBOUS:  Senator

        20       Paterson.

        21                      SENATOR PATERSON:  Mr. President,

        22       we recognize that not everyone had an

        23       opportunity to speak on the resolution so we











                                                             
3443

         1       would like to leave the resolution open for

         2       anybody who would like to be part of it.

         3                      Senator Pataki is certainly right

         4       that this day was brought about with the

         5       certainly surprisingly less violence than we

         6       would have thought, maybe synonymous with the

         7       glorious revolution, the bloodless revolution of

         8       the enlightenment in 1688.  Hopefully, it will

         9       be a prelude of how governments can be changed

        10       and enlightened without the use and the

        11       necessity of force, a lesson we hope will be

        12       learned around the world, and I would just like

        13       to close with a fond remembrance that I don't

        14       think I've ever shared with any colleague.

        15                      ACTING PRESIDENT LIBOUS:  Senator

        16       Paterson, if I may, just before you close, if I

        17       could ask Senators who would like to sponsor

        18       just raise your right hand, please.

        19                      SENATOR GOLD:  Recognize Senator

        20       Kuhl.

        21                      SENATOR KUHL:  Would you take

        22       this opportunity to put all members of the

        23       Senate on the bill, on the resolution, excuse











                                                             
3444

         1       me, and if there is somebody who wishes for

         2       their own personal reasons not to, they can

         3       indicate to the desk that they would not wish to

         4       be on the resolution.  That will solve the

         5       problem.

         6                      ACTING PRESIDENT LIBOUS:  The

         7       Chair has no objection with that.

         8                      Senator Paterson to close.

         9                      SENATOR PATERSON:  I was just

        10       going to point out that in 1986, which was my

        11       first year in this chamber, we had a discussion

        12       about sanctions in South Africa, and Senator

        13       Montgomery's attempt to -- to penalize those 133

        14       companies that were doing business in South

        15       Africa and, during that debate, Senator Marchi

        16       made a comment that he had read that 75 percent

        17       of black South Africans took part in a poll or

        18       75 percent of black South Africans that took

        19       part in a poll voted against government

        20       sanctions against the South African government.

        21                      At that point, I wanted to point

        22       out to Senator Marchi, that at that time it was

        23       actually against the law to take a position











                                                             
3445

         1       opposite that of the South African government,

         2       so that anybody who voted to the contrary

         3       certainly was making himself eligible for

         4       imprisonment in South Africa.

         5                      When I left the chamber that day,

         6       Senator Marchi came up to me and, with the

         7       discourse that I often heard in this chamber and

         8       some of the words that went back and forth

         9       between the Majority and the Minority, when he

        10       came up to me, I thought that Senator Marchi was

        11       going to try to kill me, and what he said was

        12       that he had never realized that that was

        13       actually the case and that he would rethink his

        14       position on sanctions and that one thing was for

        15       sure, that he would never cite that as an issue

        16       in favor of not having sanctions at that

        17       particular time.

        18                      So it was a good lesson for me in

        19       my first year that, in spite of the perceived

        20       problems inherent in some of our differences in

        21       this chamber, that through the dialogue that we

        22       had, particularly during these resolutions and

        23       other debates that we indulge in, that we do











                                                             
3446

         1       have some understanding that goes back and forth

         2       between these aisles, and this is certainly a

         3       good day to recognize it.

         4                      Thank you.

         5                      ACTING PRESIDENT LIBOUS:  On the

         6       resolution, all in favor indicate by saying

         7       aye.

         8                      (Response of "Aye.")

         9                      Opposed?

        10                      (There was no response. )

        11                      The resolution is adopted

        12       unanimously.

        13                      Senator Goodman.

        14                      SENATOR GOODMAN:  No.

        15                      ACTING PRESIDENT LIBOUS:  Senator

        16       Kuhl.

        17                      SENATOR KUHL:  Any housekeeping?

        18                      SENATOR PRESENT:  Senator Cook.

        19                      ACTING PRESIDENT LIBOUS:  Senator

        20       Present.

        21                      SENATOR COOK:  Mr. President, on

        22       page 24, I offer the following amendments to

        23       Calendar Number 669, Senate Print 7710, ask that











                                                             
3447

         1       said bill retain its place on Third Reading

         2       Calendar.

         3                      And also I'd like to place a star

         4       on Calendar Number 819.

         5                      ACTING PRESIDENT LIBOUS:  Star is

         6       placed on 819.  Amendments accepted without

         7       objection.

         8                      Senator Present.

         9                      SENATOR PRESENT:  Mr. President,

        10       have we completed housekeeping?

        11                      ACTING PRESIDENT LIBOUS:  I

        12       believe so.

        13                      SENATOR PRESENT:  Mr. Cornell is

        14       caught up.

        15                      Mr. President, I'd like to remind

        16       the members that the Senate picture will be

        17       taken tomorrow promptly at noon.  It's

        18       imperative that we adhere to the schedule of the

        19       cameraman for he has a tight schedule and would

        20       like to move from this chamber over to the other

        21       chamber.

        22                      ACTING PRESIDENT LIBOUS:  Senator

        23       Present, before we continue, the clerk has one











                                                             
3448

         1       other item.

         2                      SENATOR PRESENT:  O.K.

         3                      THE SECRETARY:  The Governor

         4       returned without executive approval Senate Bill

         5       Number 1142-A, by Senator Volker, Veto Number 3,

         6       an act to amend the Real Property Law, in

         7       relation to disclosure obligations of real

         8       estate brokers and agents.

         9                      ACTING PRESIDENT LIBOUS:  Lay it

        10       on the table.

        11                      Senator Present.

        12                      SENATOR PRESENT:  Mr. President,

        13       there being no further business, I move that we

        14       adjourn until tomorrow at 11:00 a.m.

        15                      ACTING PRESIDENT LIBOUS:  The

        16       Senate is adjourned until tomorrow at 11:00 a.m.

        17                      (Whereupon at 5:37 p.m., the

        18       Senate adjourned. )

        19

        20

        21

        22

        23