Regular Session - April 11, 1995

                                                                 
4482

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         9                       ALBANY, NEW YORK

        10                        April 11, 1995

        11                          3:01 p.m.

        12

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        14                       REGULAR SESSION

        15

        16

        17

        18       SENATOR JOHN R. KUHL, JR., Acting President

        19       STEPHEN F. SLOAN, Secretary

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        21

        22

        23











                                                             
4483

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

         2                      ACTING PRESIDENT KUHL:  The

         3       Senate will come to order.  Ask the members to

         4       find their places, the staff to take their

         5       places.  Ask everyone in the chamber to rise and

         6       join with me in saying the Pledge of Allegiance

         7       to the Flag.

         8                      (The assemblage repeated the

         9       Pledge of Allegiance to the Flag.)

        10                      We're very pleased today to be

        11       joined by the Reverend Khatchig Megerdichian of

        12       the Holy Cross Armenian Apostolic Church in

        13       Troy.

        14                      Father Megerdichian.

        15                      FATHER KHATCHIG MEGERDICHIAN:

        16       Let us pray.  Dear God, we thank You for the

        17       gift of life and for granting us the honor and

        18       privilege of living in this great land of

        19       freedom and opportunity, where each and every

        20       one of us has the freedom to worship in the

        21       faith of their ancestors.  We thankfully

        22       dedicate our lives to Your glory, to the service

        23       of our fellow man, to freedom, justice,











                                                             
4484

         1       righteousness and the democratic way of life.

         2                      We humbly pray that You preserve

         3       and protect this great nation, the United States

         4       of America, and all of its federal and state and

         5       municipal agencies.  We humbly pray that Your

         6       divine wisdom illuminate the hearts and souls

         7       and minds of our President, cabinet and Congress

         8       and especially, our Governor, state Senate and

         9       Assembly.

        10                      As we gather here today on the

        11       occasion of the 80th Anniversary of the Armenian

        12       genocide, we remember and honor and pay tribute

        13       to the blessed memory of over one and a half

        14       million innocent Armenian men, women and

        15       children who became victims of the first

        16       genocide of the 20th Century at the hands of the

        17       Ottoman Turks between 1915 and 1923.

        18                      We pray that the grievous wrongs

        19       of brutal massacre, mass deportation and

        20       starvation committed against the Armenian people

        21       be known to the world and set right, so that the

        22       sacred blood of our ancestors will not have been

        23       shed in vein.











                                                             
4485

         1                      Dear God, may the trials and

         2       tribulations which the Armenian people

         3       experienced throughout their long, illustrious

         4       history not be experienced by any nation of the

         5       world again.

         6                      And now, Dear God, we pray.

         7       Grant us faith, hope and love.  Make us

         8       instruments of Your peace.  Teach us to glorify

         9       Your holy name, humbly serve our fellow man and

        10       unceasingly strive for freedom and justice all

        11       the days of our lives.  Amen.

        12                      ACTING PRESIDENT KUHL:  Amen.

        13                      Reading of the Journal.

        14                      THE SECRETARY:  In Senate,

        15       Monday, April 10th.  The Senate met pursuant to

        16       adjournment.  The Journal of Sunday, April 9th,

        17       was read and approved.  On motion, the Senate

        18       adjourned.

        19                      ACTING PRESIDENT KUHL:  Hearing

        20       no objection, the Journal stands approved as

        21       read.

        22                      Presentation of petitions.

        23                      Messages from the Assembly.











                                                             
4486

         1                      Messages from the Governor.

         2                      Reports of standing committees.

         3                      Reports of select committees.

         4                      Communications and reports from

         5       state officers.

         6                      Motions and resolutions.

         7                      The Chair recognizes Senator

         8       Farley.

         9                      SENATOR FARLEY:  Thank you, Mr.

        10       President.

        11                      On behalf of Senator Levy, on

        12       page 23, I offer the follow amendments to

        13       Calendar Number 377, Senate Print 3941, and I

        14       ask that the said bill retain its place on the

        15       Third Reading Calendar.

        16                      ACTING PRESIDENT KUHL:  The

        17       amendments are received and adopted.  The bill

        18       will retain its place on the Third Reading

        19       Calendar.

        20                      Senator Skelos.

        21                      SENATOR SKELOS:  Yes, Mr.

        22       President, at this time if we could adopt the

        23       Resolution Calendar.











                                                             
4487

         1                      ACTING PRESIDENT KUHL:  The

         2       motion is to adopt the Resolution Calendar.  All

         3       those favor signify by saying aye.

         4                      (Response of "Aye".)

         5                      Opposed, nay.

         6                      (There was no response.)

         7                      The Resolution Calendar is

         8       adopted.

         9                      Senator Skelos.

        10                      SENATOR SKELOS:  Is there any

        11       other housekeeping at this time?  If not, I

        12       would like to take up the non-controversial

        13       calendar.

        14                      ACTING PRESIDENT KUHL:  The

        15       Secretary will read the non-controversial

        16       calendar.

        17                      THE SECRETARY:  Calendar Number

        18       192, by Senator Levy, Senate Print 1413, an act

        19       to amend the Transportation Law, in relation to

        20       establishing the New York State Interagency Task

        21       Force.

        22                      ACTING PRESIDENT KUHL:  The

        23       Secretary will read the last section.











                                                             
4488

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect on the 180th day.

         3                      ACTING PRESIDENT KUHL:  Call the

         4       roll.

         5                      (The Secretary called the roll.)

         6                      THE SECRETARY:  Ayes 38.

         7                      ACTING PRESIDENT KUHL:  The bill

         8       is passed.

         9                      THE SECRETARY:  Calendar Number

        10       229, by Senator Levy, Senate Print 3488, an act

        11       to amend the Public Authorities Law, in relation

        12       to requiring the Metropolitan Transportation

        13       Authority to implement and maintain subway

        14       station signs.

        15                      ACTING PRESIDENT KUHL:  The

        16       Secretary will read the last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT KUHL:  Call the

        20       roll.

        21                      (The Secretary called the roll.)

        22                      THE SECRETARY:  Ayes 38.

        23                      ACTING PRESIDENT KUHL:  The bill











                                                             
4489

         1       is passed.

         2                      THE SECRETARY:  Calendar Number

         3       266, by Senator Skelos, Senate Print 607, an act

         4       to amend the Education Law, in relation to

         5       massage advertisements.

         6                      ACTING PRESIDENT KUHL:  The

         7       Secretary will read the last section.

         8                      THE SECRETARY:  Section 4.  This

         9       act shall take effect on the 1st day of

        10       November.

        11                      ACTING PRESIDENT KUHL:  Call the

        12       roll.

        13                      (The Secretary called the roll.)

        14                      THE SECRETARY:  Ayes 40.

        15                      ACTING PRESIDENT KUHL:  The bill

        16       is passed.

        17                      THE SECRETARY:  Calendar Number

        18       267, by Senator LaValle, Senate Print 2136, an

        19       act to amend the Education Law, in relation to

        20       registration as a pharmacy.

        21                      ACTING PRESIDENT KUHL:  The

        22       Secretary will read the last section.

        23                      THE SECRETARY:  Section 2.  This











                                                             
4490

         1       act shall take effect on the 1st day of

         2       November.

         3                      ACTING PRESIDENT KUHL:  Call the

         4       roll.

         5                      (The Secretary called the roll.)

         6                      ACTING PRESIDENT KUHL:  Announce

         7       the results.

         8                      THE SECRETARY:  Ayes 39, nays 1,

         9       Senator Kuhl recorded in the negative.

        10                      ACTING PRESIDENT KUHL:  The bill

        11       is passed.

        12                      THE SECRETARY:  Calendar Number

        13       276, by Senator Leibell, Senate Print 3480, an

        14       act to amend the Administrative Code of the city

        15       of New York and the Emergency Tenant Protection

        16       Act of 1974.

        17                      ACTING PRESIDENT KUHL:  Senator

        18       Paterson, why do you rise?

        19                      SENATOR PATERSON:  Mr. President,

        20       may we request, with the permission of the

        21       Majority, a day on this bill for Senator Kruger

        22       who had an emergency and isn't in the chamber

        23       right now; he'd like to speak on this bill?











                                                             
4491

         1                      ACTING PRESIDENT KUHL:  Senator

         2       Leibell, would you like to lay the bill aside

         3       for the day?

         4                      SENATOR LEIBELL:  Lay it aside.

         5                      ACTING PRESIDENT KUHL:  The

         6       Senator consents to laying the bill aside for

         7       the day.  Lay the bill aside for the day.

         8                      The Secretary will continue to

         9       call the non-controversial calendar.

        10                      THE SECRETARY:  Calendar Number

        11       293, by Senator Seward, Senate Print 2699, an

        12       act to amend the Real Property Law, in relation

        13       to the contents of registration statements.

        14                      ACTING PRESIDENT KUHL:  Read the

        15       last section.

        16                      THE SECRETARY:  Section 2.  This

        17       act shall take effect on the 90th day.

        18                      ACTING PRESIDENT KUHL:  Call the

        19       roll.

        20                      (The Secretary called the roll.)

        21                      THE SECRETARY:  Ayes 41.

        22                      ACTING PRESIDENT KUHL:  The bill

        23       is passed.











                                                             
4492

         1                      THE SECRETARY:  Calendar Number

         2       299, by Senator Padavan, Senate Print 3380, an

         3       act to amend the General Municipal Law, the

         4       Personal Property Law, the Public Authorities

         5       Law, the Administrative Code of the city of New

         6       York.

         7                      ACTING PRESIDENT KUHL:  The

         8       Secretary will read the last section.

         9                      THE SECRETARY:  Section 10.  This

        10       act shall take effect immediately.

        11                      ACTING PRESIDENT KUHL:  Call the

        12       roll.

        13                      (The Secretary called the roll.)

        14                      THE SECRETARY:  Ayes 42.

        15                      ACTING PRESIDENT KUHL:  The bill

        16       is passed.

        17                      THE SECRETARY:  Calendar Number

        18       302, by Senator Johnson, Senate Print 3420, an

        19       act to amend the Real Property Tax Law, in

        20       relation to a senior citizen rent exemption and

        21       tax abatement program.

        22                      ACTING PRESIDENT KUHL:  The

        23       Secretary will read the last section.











                                                             
4493

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      ACTING PRESIDENT KUHL:  Call the

         4       roll.

         5                      (The Secretary called the roll.)

         6                      THE SECRETARY:  Ayes 42.

         7                      ACTING PRESIDENT KUHL:  The bill

         8       is passed.

         9                      Senator Skelos, that completes

        10       the non-controversial and controversial

        11       calendar.

        12                      SENATOR SKELOS:  Would you

        13       recognize Senator Maltese, please?

        14                      ACTING PRESIDENT KUHL:  The Chair

        15       recognizes Senator Maltese.

        16                      SENATOR MALTESE:  Mr. President,

        17       in connection with the Armenian Martyrs'

        18       Resolution which was passed by this house,

        19       co-sponsored by the members of this house and in

        20       conjunction with the executive proclamation

        21       issued by the Governor declaring April 24th,

        22       1995 Armenian Martyrs' Day, we have in the

        23       chamber two representatives of the Armenian











                                                             
4494

         1       National Committee, Mr. Grigorian and Dr. Ara

         2       Caprielian, and I wish the house to acknowledge

         3       their presence and welcome them.

         4                      ACTING PRESIDENT KUHL:  Dr.

         5       Caprielian and Mr. Grigorian, thank you for

         6       joining us.  We appreciate your taking the time

         7       out of your busy schedules to be with us.

         8                      Thank you.

         9                      (Applause.)

        10                      SENATOR LEVY:  Mr. President.

        11                      ACTING PRESIDENT KUHL:  Senator

        12       Levy.

        13                      SENATOR LEVY:  Yes.  I ask

        14       unanimous consent to be recorded in the negative

        15       on Calendar 293.

        16                      ACTING PRESIDENT KUHL:  Without

        17       objection, Senator Levy will be recorded in the

        18       negative on Calendar Number 293.

        19                      SENATOR SKELOS:  Mr. President,

        20       at this time if we could return to reports of

        21       standing committees, I believe there's a report

        22       from the Finance Committee.

        23                      ACTING PRESIDENT KUHL:  Senator











                                                             
4495

         1       Skelos, there is a report from the Finance

         2       Committee here.  I'll ask the Secretary to

         3       read.

         4                      THE SECRETARY:  Senator Stafford,

         5       from the Committee on Finance, reports the

         6       following nomination:  Jeffrey Sweet of

         7       Peekskill, member of the Workers' Compensation

         8       Board.

         9                      ACTING PRESIDENT KUHL:  Senator

        10       Skelos.

        11                      SENATOR SKELOS:  Move the

        12       nomination.

        13                      ACTING PRESIDENT KUHL:  The

        14       motion is on the nomination of Jeffrey Sweet of

        15       Peekskill to an appointment as a member of the

        16       board of the Workmen's Compensation.  All those

        17       on -

        18                      The Chair recognizes Senator

        19       Leibell on the confirmation.

        20                      SENATOR LEIBELL:  Just briefly if

        21       I could, Mr. President.

        22                      I'm pleased to once again have

        23       the opportunity to speak on behalf of a nominee











                                                             
4496

         1       who has been sent to us by the Governor.

         2                      Jeffrey Sweet has had a

         3       distinguished career.  He has had a career that

         4       has well equipped him for the position when -

         5       which he is before us today to serve as a member

         6       of the Workers' Compensation Board.  His

         7       experience, not only in local government, his

         8       experience in -- with the Westchester County

         9       Medical Center where he has served as personnel

        10        -- assistant personnel director from 1970 to

        11       the present, his responsibility in the areas of

        12       labor relations with -- dealing with a large -

        13       very large staff and multiple unions, his duties

        14       including disciplinary matters and negotiating

        15       settlements with unions, grievances, individual

        16       problems, contract administration, all of these

        17       things we have found in Westchester County have

        18       made him a great servant to that community, and

        19       I'm certain he will do a great job for the state

        20       of New York in his -- in the current position he

        21       is seeking, and I would move the nomination.

        22                      Thank you.

        23                      ACTING PRESIDENT KUHL:  The











                                                             
4497

         1       question is on the confirmation of Jeffrey Sweet

         2       of Peekskill to become a member of the Workmen's

         3       Compensation Board.  All those in favor of the

         4       confirmation signify by saying aye.

         5                      (Response of "Aye".)

         6                      Opposed, nay.

         7                      (There was no response.)

         8                      The nominee is confirmed.

         9                      We're very pleased to have

        10       Jeffrey Sweet in the chamber with us, together

        11       with his mom, Barbara Sweet, his sister Judy

        12       Riscica and also his sister-in-law, Caroline

        13       Sweet, and they're accompanied by the mother of

        14       our governor, Margaret Pataki.  They're in the

        15       gallery.  Welcome to the chamber.

        16                      (Applause.)

        17                      Senator Skelos.

        18                      SENATOR SKELOS:  If we could take

        19       up the nomination of Karl A. Henry.

        20                      ACTING PRESIDENT KUHL:  The

        21       Secretary will read.

        22                      THE SECRETARY:  Senator Stafford,

        23       from the Committee on Finance, reports the











                                                             
4498

         1       following nomination:  Karl A. Henry of Buffalo,

         2       member of the Workers' Compensation Board.

         3                      ACTING PRESIDENT KUHL:  The Chair

         4       recognizes Senator Rath on the nomination.

         5                      SENATOR RATH:  Yes, Mr. President

         6       and my colleagues, it gives me a great deal of

         7       pleasure to speak on behalf of one of my former

         8       colleagues, Karl Henry of Buffalo.

         9                      Karl and I served in the county

        10       legislature.  I know I'm everlastingly telling

        11       you about an experience I had in the county

        12       legislature.  Well, now today it gives me a

        13       great deal of pleasure to have one of my

        14       colleagues from the county legislature here and,

        15       not only was his experience in public service in

        16       the county legislature, but he also served as

        17       the mayor of the village of Hamburg in our great

        18       Southern Tier area below Buffalo in the suburban

        19       areas but, of course, beyond that, I want to

        20       tell you that Karl's -- much of Karl's

        21       professional life has been spent in various

        22       capacities in the medical and personnel areas as

        23       they interlock and have interwoven throughout











                                                             
4499

         1       the Niagara Frontier for the last number of

         2       years.  He is eminently qualified.

         3                      Karl is a self-starter and

         4       someone that I know will serve us all very

         5       proudly on the Workmen's Compensation Board.  I

         6       urge your consideration for approval.

         7                      Thank you.

         8                      ACTING PRESIDENT KUHL:  The Chair

         9       recognizes Senator Volker.

        10                      SENATOR VOLKER:  Mr. President, I

        11       also want to second the nomination of Karl Henry

        12       and just say that he's an old friend and

        13       colleague in government who has served for many

        14       years in various capacities, and I would like to

        15       congratulate the Governor on this nomination and

        16       wish Karl the very best as part of the Workers'

        17       Compensation Board.

        18                      ACTING PRESIDENT KUHL:  The

        19       question is on the confirmation of Karl A. Henry

        20       of Buffalo, New York, to become a member of the

        21       Workers' Compensation Board.  All those in favor

        22       signify by saying aye.

        23                      (Response of "Aye".)











                                                             
4500

         1                      Opposed, nay.

         2                      (There was no response.)

         3                      The nominee is confirmed.

         4                      Karl Henry is with us in the

         5       chamber.  Congratulations, Mr. Henry.  We

         6       welcome you to the chamber and wish you good

         7       luck in your task.

         8                      (Applause.)

         9                      Senator Skelos.

        10                      SENATOR SKELOS:  Mr. President,

        11       could we take up the nomination of Anthony H.

        12       Gioia?

        13                      ACTING PRESIDENT KUHL:  The

        14       Secretary will read.

        15                      THE SECRETARY:  Senator Stafford,

        16       from the Committee on Finance, reports the

        17       following nomination:  Anthony H. Gioia of

        18       Buffalo, Director of the New York State Urban

        19       Development Corporation.

        20                      ACTING PRESIDENT KUHL:  The Chair

        21       recognizes Senator Volker on the confirmation.

        22                      SENATOR VOLKER:  Mr. President,

        23       this is a great day, I think, for those of us











                                                             
4501

         1       that come from Western New York and for myself

         2       personally.

         3                      The gentleman who we are about to

         4       confirm, Tony Gioia, has been a friend of myself

         5       and my family for some 25 years.  He was one of

         6       the leaders that -- in the community -- I was

         7       about to say he was one of the founders of Gioia

         8       Macaroni, but it was actually his grandfather

         9       who was the founder of Gioia Macaroni, and he

        10       and his brothers ran the company for many, many

        11       years until just a few years ago when it was

        12       sold.

        13                      He runs a large company now in

        14       the Buffalo area, has been a long-time member of

        15       community boards, including Childrens Hospital

        16       and Roswell Park Hospital -- Memorial Hospital

        17       and has been one of the pillars of our

        18       community, and I think he'll bring a long

        19       knowledge of business to the Urban Development

        20       Corporation and information about Western New

        21       York which, I think, will be very important and

        22       will give us somebody on the board who is very

        23       knowledgeable about the operations of various











                                                             
4502

         1       business entities in Western New York and

         2       throughout the state.

         3                      So I'm proud to be able to offer

         4       up the nomination of Tony Gioia.

         5                      ACTING PRESIDENT KUHL:  The Chair

         6       recognizes Senator Rath on the confirmation.

         7                      SENATOR RATH:  Yes.  Along with

         8       Senator Volker, I too am very proud to have two

         9       very good friends and colleagues in various

        10       capacities being confirmed today, and regarding

        11       Tony Gioia, he will bring to this position the

        12       skills not only of his own family business but

        13       the skills of a community leader.

        14                      There are very few fund-raising

        15        -- successful fund-raising activities, success

        16       ful anything that have happened throughout the

        17       volunteer world in the Western New York area

        18       that Tony has not been involved with in the last

        19       number of years.  He has contacts far and wide

        20       that will serve him very well in this position,

        21       and I would urge your consideration for his

        22       approval.

        23                      Thank you.











                                                             
4503

         1                      ACTING PRESIDENT KUHL:  The Chair

         2       recognizes Senator Nanula on the confirmation.

         3                      SENATOR NANULA:  Mr. President, I

         4       rise too in support of Mr. Gioia for the

         5       director's position of the UDC.

         6                      I know Tony Gioia in a number of

         7       different capacities.  First of all, I know him

         8       as a businessman, and his family and mine have

         9       long roots in the food business and he, along

        10       with his brothers and father, were very

        11       successful in building one of Western New York's

        12       most successful food manufacturing companies in

        13       Gioia Macaroni.

        14                      After selling that company, Mr.

        15       Gioia and his brother developed Gioia Management

        16       Company which has reinvested a lot of their

        17       family resources into New York State and into

        18       Western New York, which I commend him for and, I

        19       think, shows his commitment to the state and

        20       certainly to our region.

        21                      In addition to that, Senators

        22       Rath and Volker have mentioned Tony Gioia has

        23       been a great community active citizen.  He's











                                                             
4504

         1       been very involved in helping our standard of

         2       living and contributing to the quality of life

         3       for Western New Yorkers.  I think that he brings

         4       a unique combination of community service and

         5       business background and, certainly from a

         6       selfish position, I feel fortunate and I think

         7       we in Western New York, our delegation, should

         8       feel fortunate to have Tony Gioia in such an

         9       auspicious position.  I know he's going to do a

        10       great job, and I urge my colleagues here to

        11       support this nomination.

        12                      Thank you, Mr. President.

        13                      ACTING PRESIDENT KUHL:  The Chair

        14       recognizes Senator Maziarz.

        15                      SENATOR MAZIARZ:  Thank you, Mr.

        16       President.

        17                      I, too, want to rise as a member

        18       of the Western New York delegation to add some

        19       positive comments of Anthony Gioia.

        20                      Mr. Gioia is a businessman, and I

        21       can't add any more than what Senators Rath and

        22       Volker and Nanula said, other than that he's a

        23       fine community leader.  There's not a cause in











                                                             
4505

         1       Western New York that's not been taken up by the

         2       Gioia family, be it the Buffalo Philharmonic,

         3       the Buffalo Zoo, or whatever, that Tony Gioia is

         4       not actively participating in, and I want to

         5       rise in support of his nomination also, Mr.

         6       Chairman.

         7                      ACTING PRESIDENT KUHL:  The Chair

         8       recognizes Senator Marchi on the confirmation.

         9                      SENATOR MARCHI:  Mr. President,

        10       I'm sure that many observers of history will -

        11       are familiar with the fact that Flavio Gioia in

        12       the 13th Century invented the compass.  Some

        13       have taken issue with that claim, but no one can

        14       deny Mr. Gioia's mastery in entrepreneurial,

        15       enlightened leadership.

        16                      He appeared before our Committee

        17       on Corporations, Commissions and Authorities and

        18       was responsive and also indicated that, with

        19       that sturdy compass of his, he will be able to

        20       navigate those shoals with great credit to the

        21       Governor who named him to this position and we

        22       wish him well.

        23                      So I rise to second that











                                                             
4506

         1       nomination.

         2                      ACTING PRESIDENT KUHL:  The

         3       question is on the confirmation of Anthony H.

         4       Gioia of Buffalo to the position of Director of

         5       the New York State Urban Development Corpora

         6       tion.  All those in favor of the nomination

         7       signify by saying aye.

         8                      (Response of "Aye".)

         9                      Opposed, nay.

        10                      (There was no response.)

        11                      The nominee is confirmed.

        12                      Senator Skelos.

        13                      SENATOR SKELOS:  Yes.  Would you

        14       recognize Senator Levy, please?

        15                      ACTING PRESIDENT KUHL:  The Chair

        16       recognizes Senator Levy.

        17                      SENATOR LEVY:  Yes, Mr.

        18       President.  I would like to call up -- I would

        19       like to reconsider the vote by which Calendar

        20       229 passed.

        21                      ACTING PRESIDENT KUHL:  The

        22       Secretary will read.

        23                      THE SECRETARY:  Calendar 229, by











                                                             
4507

         1       Senator Levy, Senate Print 3488, an act to amend

         2       the Public Authorities Law, in relation to

         3       requiring the Metropolitan Transportation

         4       Authority to implement and maintain subway

         5       station signs.

         6                      ACTING PRESIDENT KUHL:  The

         7       motion is to reconsider the vote by which

         8       Calendar Number 229 passed this chamber.  The

         9       Secretary will call the roll on reconsideration.

        10                      (The Secretary called the roll on

        11       reconsideration.)

        12                      ACTING PRESIDENT KUHL:  Announce

        13       the results.

        14                      THE SECRETARY:  Ayes 49.

        15                      ACTING PRESIDENT KUHL:  Senator

        16       Levy.

        17                      SENATOR LEVY:  Star it for an

        18       amendment.

        19                      ACTING PRESIDENT KUHL:  Place a

        20       sponsor's star on Calendar Number 229.

        21                      Senator Skelos.

        22                      SENATOR SKELOS:  Mr. President, I

        23       believe there's a motion to discharge from











                                                             
4508

         1       Senator Waldon at the desk.  May we take it up

         2       at this time?

         3                      ACTING PRESIDENT KUHL:  Senator

         4       Skelos, there is a motion to discharge at the

         5       desk dealing with Senate Bill Number 1915-A.

         6                      The Chair recognizes Senator

         7       Waldon for the purposes of making the motion to

         8       discharge.

         9                      Senator Waldon.

        10                      SENATOR WALDON:  Thank you very

        11       much, Mr. President.

        12                      Native Americans have played a

        13       significant role and a crucial role in this

        14       country's history.

        15                      If we go back to the time of the

        16       American Revolutionary War, I believe that it

        17       would not have been possible for the colonials

        18        -- colonialists to win if it had not been for

        19       our native American brothers supporting our

        20       effort.

        21                      An example:  The Oneida Nation

        22       people hiked in mid-winter with 600 bushels of

        23       corn on their backs to feed George Washington's











                                                             
4509

         1       starving army at Valley Forge, and even though

         2       the continental army had no money and could not

         3       send the necessary supplies, later on in

         4       gratitude for the Oneidas' loyalty and courage,

         5       the United States signed a treaty in 1794

         6       guaranteeing the Oneida Nation their sovereign

         7       right to govern their lands and affairs.

         8       However, the promise to protect and support the

         9       rights of native Americans like so many others

        10       was all too soon forgotten.

        11                      It has been very difficult -- I

        12       should say it has been difficult to reconcile

        13       these and other actions of our state and federal

        14       governments to native Americans who, by

        15       tradition, expect those they deal with to honor

        16       their promises of the past.

        17                      This legislation cannot correct

        18       those errors of the past.  It cannot change the

        19       past.  However, it can honor the steadfast

        20       loyalty by native Americans those many years

        21       ago, their firm resolve to trust in the future

        22       of our young nation and our common determination

        23       for all people to live in peaceful harmony.











                                                             
4510

         1                      Mr. President, my colleagues, I

         2       think that this is a good day to discharge this

         3       bill and to allow us to vote on it, considering

         4       some of the rhetoric that's appeared in the

         5       newspapers and the confrontational postures by

         6       all sides in regard to the budget negotiations

         7       and the denigration of the dialogue to a level

         8       that does not bespeak the goodness of the people

         9       of the state of New York.  I think that this is

        10       a good time to recognize the gifts of native

        11       Americans traditionally classified in this

        12       country as a minority, though they were the

        13       people who were here first.  I think it would go

        14       far towards promoting better relationships

        15       between all people, people of color, people who

        16       are from the European experience, people who

        17       are, like my family, from the African

        18       experience.

        19                      I would hope that this body in

        20       its wisdom would see fit to do this today so

        21       that not only will we recognize the great gifts

        22       of native Americans to this state and to this

        23       nation, but we will also take a step towards











                                                             
4511

         1       healing the wounds of divisiveness which have

         2       surfaced during the last few weeks in the budget

         3       negotiations.

         4                      I move the motion, Mr. President.

         5                      ACTING PRESIDENT KUHL:  The

         6       motion is to discharge Senate Bill Number 1915-A

         7       from committee.  All those in favor of

         8       discharging the bill from committee, signify by

         9       saying aye.

        10                      (Response of "Aye".)

        11                      Opposed, nay.

        12                      (Response of "Nay".)

        13                      The motion is lost.

        14                      The Chair recognizes Senator

        15       Skelos.

        16                      SENATOR SKELOS:  Yes, Mr.

        17       President.  Is there any other housekeeping at

        18       the desk or any member -

        19                      ACTING PRESIDENT KUHL:  No

        20       housekeeping at the desk.

        21                      SENATOR SKELOS:  Mr. President,

        22       there being no further business, I move we

        23       adjourn until Wednesday, April 12th, 1995 at











                                                             
4512

         1       11:00 a.m. sharp.

         2                      ACTING PRESIDENT KUHL:  Without

         3       objection, the Senate stands adjourned until

         4       tomorrow, April 12th at 11:00 a.m.

         5                      (Whereupon, at 3:29 p.m., the

         6       Senate adjourned.)

         7

         8

         9

        10