Regular Session - January 13, 2014

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 13, 2014

11                     3:29 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR PATRICK M. GALLIVAN, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


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

 2                ACTING PRESIDENT GALLIVAN:   The 

 3   Senate will come to order. 

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.  We will stand by until our 

 7   Color Guard posts the colors.  

 8                (The Color Guard entered the chamber 

 9   through the rear double door and presented and 

10   posted the colors.)

11                (Whereupon, the assemblage recited 

12   the Pledge of Allegiance to the Flag.)

13                ACTING PRESIDENT GALLIVAN:   In the 

14   absence of clergy, may we please bow our heads in 

15   a moment of silence.

16                (Whereupon, the assemblage respected 

17   a moment of silence.)

18                (The Color Guard marched to the rear 

19   of the chamber and exited.)

20                (Applause.)

21                ACTING PRESIDENT GALLIVAN:    

22   Everybody can take their seats.

23                Reading of the Journal.

24                THE SECRETARY:   In Senate, Sunday, 

25   January 12, the Senate met pursuant to 


                                                               35

 1   adjournment.  The Journal of Saturday, 

 2   January 11, was read and approved.  On motion, 

 3   Senate adjourned.

 4                ACTING PRESIDENT GALLIVAN:   Without 

 5   objection, the Journal stands approved as read.

 6                Presentation of petitions.

 7                Messages from the Assembly.

 8                Messages from the Governor.

 9                Let the record show we're in receipt 

10   of the State of the State message from the 

11   Governor.  I hand it down and ask that it be 

12   filed in the Journal.

13                Reports of standing committees.  

14                Reports of select committees.

15                Communications and reports from 

16   state officers.

17                Motions and resolutions.

18                SENATOR LIBOUS:   Mr. President.

19                ACTING PRESIDENT GALLIVAN:   Senator 

20   Libous.

21                SENATOR LIBOUS:   Thank you, 

22   Mr. President.  

23                On behalf of Senator Ball, I move 

24   that the following bills be discharged from their 

25   respective committees and be recommitted with 


                                                               36

 1   instructions to strike the enacting clause.  That 

 2   would be Senate Print Number 2568, 2804 and 3876.

 3                ACTING PRESIDENT GALLIVAN:   So 

 4   ordered.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Thank you, 

 7   Mr. President.  

 8                On behalf of Senator Parker, I move 

 9   that the following bills be discharged from their 

10   respective committees and be recommitted with 

11   instructions to strike the enacting clause:  Bill 

12   Numbers 1580, 1620, 1621, 2848, 3121 and 3128.

13                ACTING PRESIDENT GALLIVAN:   So 

14   ordered.

15                SENATOR GIANARIS:   And on behalf of 

16   Senator Latimer, I move that the following bill 

17   be discharged from its respective committee and 

18   be recommitted with instructions to strike the 

19   enacting clause:  Bill Number 5201.

20                ACTING PRESIDENT GALLIVAN:   So 

21   ordered.

22                Senator Libous.

23                SENATOR LIBOUS:   Thank you, 

24   Mr. President.  

25                I believe there's a privileged 


                                                               37

 1   resolution at the desk by Senator LaValle.  May 

 2   we please have it read in its entirety and move 

 3   for its immediate adoption after you call on 

 4   Senator LaValle.

 5                ACTING PRESIDENT GALLIVAN:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Legislative 

 8   Resolution Number 2693, by Senator LaValle, 

 9   commending the Colonel Francis S. Gabreski Cadet         

10   Squadron from the Long Island Group of the 

11   Civil Air Patrol Color Guard upon the occasion of 

12   presenting the colors at the start of the session 

13   of the New York State Senate, January 13, 2014.  

14                "WHEREAS, It is the sense of this 

15   Legislative Body to recognize that the quality 

16   and character of life in the communities across 

17   New York State are reflective of the concerned 

18   and dedicated efforts of those organizations and 

19   individuals who are devoted to the welfare of the 

20   community and its citizenry; and 

21                "WHEREAS, Attendant to such concern, 

22   and in full accord with its long-standing  

23   traditions, this Legislative Body is justly proud 

24   to commend the Colonel Francis S. Gabreski Cadet  

25   Squadron from the Long Island Group of the 


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 1   Civil Air Patrol Color Guard upon the occasion of 

 2   presenting the colors at the start of the session 

 3   of the New York State Senate, to be held on 

 4   Monday, January 13, 2014, at the New York State 

 5   Capitol in Albany, New York; and 

 6                "WHEREAS, The Civil Air Patrol 

 7   enjoys a proud legacy of selfless sacrifice and 

 8   service to country and community that spans 

 9   decades; the organization was born one week prior 

10   to the Japanese attack on Pearl Harbor; and 

11                "WHEREAS, Thousands of volunteer 

12   members of the Civil Air Patrol answered 

13   America's call to national service and sacrifice  

14   by accepting and performing critical wartime 

15   missions; and  

16                "WHEREAS, On July 1, 1946, 

17   President Harry S. Truman signed Public Law 476 

18   incorporating the Civil Air Patrol as a 

19   benevolent, nonprofit organization; on May 26, 

20   1948, Congress passed Public Law 557 permanently 

21   establishing the Civil Air Patrol as the  

22   auxiliary of the new United States Air Force; and 

23                "WHEREAS, Three primary mission 

24   areas were set forth at the inception of the 

25   Civil Air Patrol:  aerospace education, cadet 


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 1   programs, and emergency services; and 

 2                "WHEREAS, Today, the Civil Air 

 3   Patrol handles 90 percent of inland search and 

 4   rescue missions, with approximately 75 lives 

 5   saved each year; its members are generally the 

 6   first on the scene transmitting satellite digital 

 7   images of the damage within seconds around the 

 8   world and providing disaster relief and emergency 

 9   services following natural and manmade disasters, 

10   including such phenomena as 9/11, Hurricane  

11   Katrina, Texas and Oklahoma wildfires, tornadoes 

12   in the south and central United States, 

13   North Dakota flash flooding and the October 2006  

14   earthquake in Hawaii, as well as humanitarian 

15   missions along the United States and Mexican 

16   border; and 

17                "WHEREAS, In response to the 

18   devastating effects of Hurricane Sandy, the 

19   Civil Air Patrol's New York Wing promptly reacted 

20   by flying 373 damage-assessment sorties and 

21   providing 143,360 aerial photographs to New York 

22   disaster relief organizations, FEMA and the 

23   Army Corps of Engineers; providing air 

24   transportation throughout the affected region for 

25   disaster response teams; deploying 30 volunteers 


                                                               40

 1   to assist with shelter operations conducted by 

 2   the New York City Office of Emergency Management; 

 3   and installing 40 volunteers to assist the 

 4   Red Cross with the logistics of relief supplies; 

 5   and 

 6                "WHEREAS, In addition, Civil Air 

 7   Patrol members are dedicated to counter-drug 

 8   reconnaissance and to teaching a new generation 

 9   about aerospace and its impact on our future; its 

10   cadet programs ensure our youth receive the 

11   finest leadership training the nation has to 

12   offer; and 

13                "WHEREAS, The members of the 

14   Colonel Francis S. Gabreski Cadet Squadron from 

15   the Long Island Group of the Civil Air Patrol 

16   Color Guard include:  Cadet Technical Sergeant 

17   Richard Breier, Cadet Airman Jarett Buczynski, 

18   Lieutenant Colonel Thomas Carello, Cadet Staff 

19   Sergeant Christopher Dark, Lieutenant Colonel 

20   Louis Fenech, Lieutenant Colonel Andrew Liddle, 

21   Lieutenant Colonel Gerald L. Marketos, 

22   Cadet Staff Sergeant Connor Morse, Cadet Airman 

23   Millissia Murro, Major Benjamin Nodar, 

24   Colonel Jack Ozer, Captain Dennis Woytowitz, 

25   Senior Member Aysha Ozyilmaz, First Lieutenant 


                                                               41

 1   Edward Nelson, Cadet Airman Robert Bieniek, 

 2   First Lieutenant Ed Rymas, and Captain Deborah 

 3   Ozer; and 

 4                "WHEREAS, The Civil Air Patrol makes 

 5   a huge impact each and every day, going above and 

 6   beyond to make a profound difference in America's 

 7   communities; and 

 8                "WHEREAS, This occasion presents a 

 9   unique opportunity for this Legislative Body to 

10   recognize and pay tribute to the members of the 

11   Colonel Francis S. Gabreski Cadet Squadron from 

12   the Long Island Group of the Civil Air Patrol 

13   Color Guard; and 

14                "WHEREAS, It is the sense of this 

15   Legislative Body that when organizations of such 

16   noble aims and accomplishments are brought to our 

17   attention, they should be recognized by all the 

18   citizens of this great Empire State; now, 

19   therefore, be it 

20                "RESOLVED, That this Legislative 

21   Body pause in its deliberations to commend the 

22   Colonel Francis S. Gabreski Cadet Squadron from 

23   the Long Island Group of the Civil Air Patrol 

24   Color Guard and its members upon the occasion of 

25   presenting the colors at the start of the session 


                                                               42

 1   of the New York State Senate; and be it further 

 2                "RESOLVED, That copies of this  

 3   resolution, suitably engrossed, be transmitted to  

 4   Colonel Jack Ozer, New York Wing, Civil Air 

 5   Patrol, and the aforementioned members of the  

 6   Colonel Francis S. Gabreski Cadet Squadron from 

 7   the Long Island Group of the Civil Air Patrol 

 8   Color Guard."

 9                ACTING PRESIDENT GALLIVAN:   Senator 

10   LaValle on the resolution.

11                SENATOR LaVALLE:   Thank you, 

12   Mr. President.  

13                I would like to welcome and thank 

14   the Francis S. Gabreski Cadet Squadron from the 

15   Long Island Group of the Civil Air Patrol Color 

16   Guard and their leaders for being with us today.  

17   They have done this for a number of years.  

18                The Civil Air Patrol is made up of 

19   young men and women who provide a wonderful 

20   service, and you have heard that in the 

21   resolution that was read.  But what is most 

22   important is they realize that they are part of a 

23   very rich legacy, a legacy that people who came 

24   well before them have given of their time and 

25   sacrifice and provided a service to our country.


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 1                When I think of just the region that 

 2   I represent, the role that they played during 

 3   9/11 and afterward and also Hurricane Sandy -- 

 4   and you heard that their peers across the country 

 5   have done things with Hurricane Katrina, in Texas 

 6   and Oklahoma wildfires.  

 7                And so they really provide us with a 

 8   wonderful service historically, a great legacy, 

 9   and they make a difference for all of us.  So I 

10   would like this body to recognize them, if you 

11   would.

12                (Standing ovation.)

13                ACTING PRESIDENT GALLIVAN:   The 

14   question is on the resolution.  All in favor 

15   signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT GALLIVAN:    

18   Opposed, nay.

19                (No response.)

20                ACTING PRESIDENT GALLIVAN:   The 

21   resolution is adopted.

22                Senator Libous.

23                SENATOR LIBOUS:   Mr. President, I 

24   believe that Senator LaValle would like to open 

25   the resolution up for cosponsorship.  


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 1                So as the policy of the house goes, 

 2   if there's a member who wishes not to be on the 

 3   resolution, please let the desk know.  Otherwise, 

 4   all members will be recorded as cosponsors of the 

 5   resolution.

 6                ACTING PRESIDENT GALLIVAN:   The 

 7   resolution will be open for all members.

 8                Senator Libous.

 9                SENATOR LIBOUS:   Thank you, 

10   Mr. President.  

11                I believe there is a privileged 

12   resolution at the desk sponsored by Senators 

13   Skelos, Klein, and Stewart-Cousins.  May we 

14   please have it read in its entirety and, before 

15   we move for its adoption, we would call on those 

16   three Senators and then anyone else who would 

17   like to speak on the resolution.  

18                ACTING PRESIDENT GALLIVAN:   The 

19   Secretary will read.

20                THE SECRETARY:   Legislative 

21   Resolution Number 2885, by Senators Skelos, Klein 

22   and Stewart-Cousins, mourning the death of 

23   Nelson Mandela, former president of South Africa, 

24   civil rights leader, teacher, freedom fighter, 

25   father of his nation and inspiration to the 


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 1   global community.  

 2                "WHEREAS, It is with profound intent 

 3   that this Legislative Body is moved to pay homage 

 4   to a man of indomitable faith and dedication 

 5   whose purposeful life and accomplishments will 

 6   forever stand as a paradigm and inspiration for 

 7   others; and 

 8                "WHEREAS, It is the sense of this 

 9   Legislative Body to give acclaim to individuals 

10   of great character whose lives exemplify the 

11   highest ideals of humanity; and 

12                "WHEREAS, Born into a royal clan on 

13   July 18, 1918, in Mvezo, South Africa, Nelson 

14   Rolihlahla Mandela died on December 5, 2013, at 

15   the age of 95; and 

16                "WHEREAS, Nelson Mandela attended  

17   local boarding schools and then Fort Hare 

18   University; while studying law, he developed an 

19   interest in African nationalism and nonviolent 

20   resistance; and   

21                "WHEREAS, Later, while working as a 

22   law clerk, Nelson Mandela became active in the 

23   African National Congress (ANC), eventually 

24   serving as its vice president as the South 

25    African government continued to enforce 


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 1   apartheid; and

 2                "WHEREAS, Nelson Mandela was charged 

 3   with conspiring against the government and 

 4   sentenced to life in prison in 1964; he, along 

 5   with seven other ANC members, were sent to Robben 

 6   Island Prison; and 

 7                "WHEREAS, He delivered his famous 'I 

 8   am prepared to die' statement from the dock at 

 9   the opening of the Rivonia Trial, which declared 

10   'I have cherished the ideal of a democratic and 

11   free society in which all persons live together 

12   in harmony and with equal opportunities.  It is 

13   an ideal which I hope to live for and to achieve. 

14   But if needs be, it is an ideal for which I am 

15   prepared to die'; and 

16                "WHEREAS, Nelson Mandela completed 

17   his law degree by correspondence at 

18   Robben Island; throughout his time in prison, 

19   local and international pressure built for the 

20   South African government to release him; and 

21                "WHEREAS, In the late 1980s, the 

22   campaign to release Nelson Mandela reached its 

23   apex, with demonstrators across the world's major 

24   cities gathering and chanting the slogan 'Free 

25   Nelson Mandela!'; and 


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 1                "WHEREAS, In February of 1990, the 

 2   hopes and dreams of Nelson Mandela's supporters 

 3   were answered when President Frederik De Klerk 

 4   announced his release; and 

 5                "WHEREAS, Soon after he was freed, 

 6   this magnanimous leader set about creating the 

 7   world he envisioned; Nelson Mandela began 

 8   negotiations with the South African government, 

 9   leading to the gradual dismantling of apartheid  

10   from 1990 to 1993, which earned both him and 

11   De Klerk a joint Nobel Peace Prize in 1993; and 

12                "WHEREAS, Admired by his country and  

13   the world at large, Nelson Mandela won 

14   South Africa's first multiracial elections on 

15   April 27, 1994, becoming its first black 

16   president; he vowed to build a 'rainbow nation at 

17   peace with itself and with the world'; and   

18                "WHEREAS, Nelson Mandela established  

19   the Truth and Reconciliation Commission with the 

20   intention of resolving the gaping wounds left by 

21   apartheid, and working toward national unity; and 

22                "WHEREAS, At the end of his term in  

23   1999, Nelson Mandela withdrew from political life 

24   but remained active in various causes, 

25   particularly in the fight against AIDS, the 


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 1   disease that claimed the life of his son, 

 2   Makgatho, in 2005; and 

 3                "WHEREAS, South African cleric 

 4   Desmond Tutu, the first black archbishop of 

 5   Cape Town and a vocal opponent of racial 

 6   segregation, described this extraordinary man 'a 

 7   global icon of reconciliation'; and 

 8                "WHEREAS, Nelson Mandela is survived 

 9   by his wife, Graca Machel, and three children, as 

10   well as his former wife, Winnie Madikizela; and 

11                "WHEREAS, Nelson Mandela's 

12   monumental legacy will continue to shine forth as 

13   a beacon of hope for all those who aspire to 

14   create a just and peaceful world; now, therefore, 

15   be it 

16                "RESOLVED, That this Legislative 

17   Body pause in its deliberations to mourn the 

18   death of Nelson Mandela, former President of 

19   South Africa, remembering his purposeful life and  

20   countless achievements, and expressing its 

21   sincerest condolences to his family and nation; 

22   and be it further 

23                "RESOLVED, That a copy of this  

24   resolution, suitably engrossed, be transmitted to 

25   the family of Nelson Mandela."


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 1                ACTING PRESIDENT GALLIVAN:   Senator 

 2   Skelos on the resolution.

 3                SENATOR SKELOS:   Thank you, 

 4   Mr. President.  

 5                It's my honor and privilege to join 

 6   the members of the New York State Senate as we 

 7   bring this important resolution to the floor for 

 8   a vote.  

 9                Nelson Mandela was recognized around 

10   the world as an enduring symbol of peace and 

11   freedom.  He stood tall against racial injustice 

12   and certainly was an inspiration to all of us.  

13                Mr. Mandela was a great humanitarian 

14   who persevered through great suffering to lead an 

15   historic revolution against oppression, a 

16   peaceful revolution against oppression.

17                And I remember -- and many of us 

18   do -- when he was released from jail, how he 

19   walked out after so many years with his head held 

20   high and understanding that there was a true 

21   future for the people of South Africa, a 

22   democratic future.

23                His passing was a tremendous loss to 

24   the people of South Africa and the world, 

25   including those who call New York their home.  


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 1   With the unanimous approval of this resolution, 

 2   we will remember and honor the legacy of 

 3   Nelson Mandela today and always.  

 4                Nelson Mandela belongs to the ages 

 5   now, but his spirit lives on in all of our 

 6   hearts, minds and actions.

 7                Mr. President, if you could 

 8   recognize Senator Klein at this time.

 9                ACTING PRESIDENT GALLIVAN:   Senator 

10   Klein on the resolution.

11                SENATOR KLEIN:   Thank you, 

12   Mr. President.  

13                My Senate colleagues, it's certainly 

14   an honor to join today to honor a man whose 

15   actions and leadership have served as a role 

16   model for all of us in public service.  It is 

17   only appropriate that we begin the 2014 

18   legislative session with a resolution to honor 

19   and pay respect to the passing of 

20   Nelson Mandela.  

21                The imprint that Nelson Mandela left 

22   not only on South Africa but the entire world 

23   truly reflects the very best that humanity has to 

24   offer.

25                Nelson Mandela had a vision to 


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 1   recognize the injustice of apartheid, and through 

 2   his faith and dedication he led a nonviolent 

 3   resistance for change.  Mr. Mandela's vision of 

 4   positive change for his country continues to 

 5   serve as a model for our work in this house every 

 6   day.

 7                For 26 years Mr. Mandela was 

 8   imprisoned due to his steadfast leadership 

 9   against the injustice of apartheid.  As he said 

10   later in life, it was the commitment of others 

11   around the world to the ideals and values he held 

12   dear that kept him going through all those 

13   years.  He not only dedicated his time in prison 

14   to advancing the cause of justice, he also 

15   educated those around him and earned a law degree 

16   during his incarceration.  

17                With a worldwide campaign to free 

18   Nelson Mandela, Mr. Mandela was rightfully 

19   released in February of 1990.  Upon his release, 

20   Mr. Mandela sought to create the world he had 

21   envisioned for decades, a world without apartheid 

22   and without racial, ethnic or religious divides 

23   among people.  

24                By 1993, under the leadership of 

25   Mr. Mandela, apartheid was finally destroyed in 


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 1   South Africa, providing opportunities to 

 2   generations of Africans who had been unjustly 

 3   denied even the hope of a better life.  

 4                The resounding hope of Mr. Mandela 

 5   was recognized later that year with the highest 

 6   honors of a Nobel Peace Prize.  Continuing his 

 7   role as a national and international leader of 

 8   humanity, Mr. Mandela was elected as South 

 9   Africa's president in the historic elections of 

10   1994.  The first multiracial election in 

11   South African history, it was only appropriate 

12   that Mr. Mandela became the first black president 

13   in the country's history.  

14                After leading politics in 1999, 

15   Mr. Mandela remained a leader on numerous social 

16   issues, including the fight against AIDS.  

17                With the passing of Mr. Mandela this 

18   past December, we extend our condolences to his 

19   family and nation as appreciation for all that he 

20   has accomplished.  Mr. Mandela's passing allows 

21   us the opportunity to celebrate all that he has 

22   done to make our world a better place for 

23   generations to come.  

24                Let us use the good deeds of 

25   Mr. Mandela as a positive influence to fulfill 


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 1   our roles as public servants working to make the 

 2   best possible life for our constituents.  I have 

 3   no doubt that Mr. Mandela's legacy will continue 

 4   for years to come so long as we do our part to 

 5   remember his great legacy and educate our 

 6   children about it each and every day.  

 7                I am extremely proud to stand here 

 8   today and be part of this resolution that 

 9   properly honors one of the greatest humanitarians 

10   and civil rights leaders in our history.  

11                Thank you, Mr. President.

12                ACTING PRESIDENT GALLIVAN:   Senator 

13   Stewart-Cousins on the resolution.

14                SENATOR STEWART-COUSINS:   Thank 

15   you, Mr. President.  

16                I too am honored to stand here with 

17   my colleagues and talk about the great 

18   Nelson Mandela and mourn his passing.  

19                When I listened to the resolution 

20   and we talk about apartheid, it's almost a part 

21   of vocabulary.  But I think it's important that 

22   we know the history, that it was a post-World 

23   War II apartheid.  Nelson Mandela was born in 

24   1918 in a segregated situation in South Africa.  

25   But in 1948, apartheid became the law of the 


                                                               54

 1   land.  

 2                And apartheid means just that, 

 3   "apart from us."  And every person of color, 

 4   every black person was suddenly not part of the 

 5   overall society.  And citizenship was taken from 

 6   black South Africans in 1970.  

 7                So I think it's important when we 

 8   talk about this giant, this icon, that we 

 9   contextualize it in the time that most of us were 

10   walking this earth.  And certainly how much we 

11   here, in this country, inspired Nelson Mandela to 

12   do what he did.  

13                And yes, most of it was peaceful.  

14   But some of it wasn't.  And the reality is is 

15   that he was given an opportunity three times 

16   during this incarceration of 27 years to say, 

17   Okay, I will conditionally come out.  But the 

18   courage, the commitment, the conviction and the 

19   understanding that he could not come out of those 

20   prison cells with anything less than the total 

21   emancipation of his people was what kept him 

22   there for 27 years.

23                And when he was able to emerge and 

24   negotiate with De Klerk in terms of dismantling 

25   apartheid, it was only then that he was able to 


                                                               55

 1   build the groundwork to become the first black 

 2   president of South Africa.  And, as he promised, 

 3   he walked away after the first term.  Because for 

 4   Nelson Mandela, it was never about him.

 5                So as we honor this great man and 

 6   send condolences to his family and all, all of 

 7   humanity, frankly, who was enriched by his 

 8   presence, let us remember his words and his 

 9   courage and how he -- in the resolution it says, 

10   and I'll just end with this, "I have cherished 

11   the ideal of a democratic and free society in 

12   which all persons live together in harmony and 

13   with equal opportunities.  It is an ideal which I 

14   hope to live for and to achieve.  But if needs 

15   be, it is an ideal for which I am prepared to 

16   die."

17                I don't think we're called upon to 

18   do that in this chamber.  But the courage, the 

19   idealism for justice, equality, and freedom is 

20   certainly what we must abide by.  

21                So thank you, Mr. President.

22                ACTING PRESIDENT GALLIVAN:   Senator 

23   Hassell-Thompson on the resolution.

24                SENATOR HASSELL-THOMPSON:   Thank 

25   you, Mr. President.  


                                                               56

 1                I rise to thank my colleagues for 

 2   bringing forth this resolution to commemorate the 

 3   life of an extraordinary man worldwide.  

 4                It's interesting, very often we do 

 5   resolutions in this chamber and sometimes it's 

 6   for weddings, sometimes it's for people who have 

 7   been on a job or -- but today we do something 

 8   that I believe is extremely and profoundly 

 9   important to our consciousness.  

10                Many years ago I was fortunate to 

11   have received letters from what then were 

12   considered the underground, from Cherry Hill, 

13   New Jersey, reading about the life of Stephen 

14   Biko as well as a man called Nelson Mandela, who 

15   at that time I had never heard of.  But I had 

16   heard, obviously, as most of us had, of the war 

17   in South Africa around civil rights and certainly 

18   around apartheid.  When Stephen Biko was killed, 

19   it sent shivers around the world.  But when 

20   Nelson Mandela was arrested and sent to prison, 

21   it began to shake the whole foundation.

22                I was very pleased when David 

23   Dinkins and others began to look at where we were 

24   putting our finances and what we were 

25   supporting.  And when David Dinkins withheld our 


                                                               57

 1   pension funds from those companies that were 

 2   supporting apartheid in South Africa, I couldn't 

 3   have been more pleased.

 4                I could not have been more pleased 

 5   when systematically this country began to 

 6   recognize that the life and the imprisonment of 

 7   Mandela was not just horrific for him and the 

 8   people of his village, but it was horrific in 

 9   terms of what he stood for.  And so that 

10   anti-apartheid activities began to become the 

11   thing of the day.

12                When Nelson Mandela was released 

13   from prison and subsequently elected, many of us 

14   were totally elated.  I continued to follow, as 

15   many of us here probably have done, watching his 

16   life and watching how he evolved and how that new 

17   government of South Africa evolved.

18                I would hope that as we celebrate 

19   Nelson Mandela today that we realize that some of 

20   the essences of apartheid continue to occur here 

21   in this country, and that we all consciously do 

22   what we can to ensure that we never get to that 

23   kind of need to overthrow a behavior and an 

24   attitude that is bad for all people.

25                Again, I thank my colleagues for 


                                                               58

 1   recognizing Nelson Mandela and the awesome work 

 2   and the impact that he has had on the world, and 

 3   the statements that his life has made to us that 

 4   apartheid anywhere is wrong.

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT GALLIVAN:   The 

 7   question is on the resolution.  All in favor 

 8   signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT GALLIVAN:    

11   Opposed, nay.

12                (No response.)

13                ACTING PRESIDENT GALLIVAN:   The 

14   resolution is adopted.

15                Senator Libous.

16                SENATOR LIBOUS:   Mr. President, I 

17   believe all three leaders would like to open the 

18   resolution for cosponsorship.  

19                So as the policy of the house goes, 

20   if someone chooses not to be on the resolution, 

21   let the desk know.  Otherwise you will on be on 

22   the resolution as a cosponsor.

23                ACTING PRESIDENT GALLIVAN:   The 

24   resolution is open for cosponsorship.  If you do 

25   not wish to be a cosponsor, please notify the 


                                                               59

 1   desk.

 2                Senator Libous.

 3                SENATOR LIBOUS:   Mr. President, 

 4   there will be an immediate meeting of the 

 5   Rules Committee in Room 332.  

 6                We will stand at ease, and we will 

 7   then come back into session.

 8                ACTING PRESIDENT GALLIVAN:   There 

 9   will be an immediate meeting of the Rules 

10   Committee in Room 332.  

11                The Senate will stand at ease.

12                (Whereupon, the Senate stood at ease 

13   at 4:00 p.m.)

14                (Whereupon, the Senate reconvened at 

15   4:26 p.m.)

16                ACTING PRESIDENT GALLIVAN:   The 

17   Senate will come to order.

18                Senator Libous.

19                SENATOR LIBOUS:   Thank you, 

20   Mr. President.  

21                Can we please return to reports of 

22   standing committees.  I believe there is a report 

23   of the Rules Committee at the desk.

24                ACTING PRESIDENT GALLIVAN:   Reports 

25   of standing committees.


                                                               60

 1                The Secretary will read.

 2                THE SECRETARY:   Senator Skelos, 

 3   from the Committee on Rules, reports the 

 4   following bills:  

 5                Senate Print 5922, by Senator 

 6   Skelos, an act authorizing; 

 7                Senate 5931, by Senator Seward, an 

 8   act to enact; 

 9                Senate 5985, by Senator Seward, an 

10   act to amend the Tax Law; 

11                Senate 5987, by Senator Griffo, an 

12   act to amend the State Finance Law; 

13                Senate 6004, by Senator Valesky, an 

14   act to amend the Canal Law; 

15                Senate 6127, by Senator DeFrancisco, 

16   an act to amend Chapter 58 of the Laws of 2006; 

17                Senate 6178, by Senator Golden, an 

18   act in relation to providing additional civil 

19   service credit; 

20                Senate 6236, by Senator Klein, an 

21   act to amend the Racing, Pari-Mutuel Wagering and 

22   Breeding Law; 

23                Senate 6244, by Senator Maziarz, an 

24   act to repeal subdivision 24 of Section 1005 of 

25   the Public Authorities Law; 


                                                               61

 1                Senate 6247, by Senator Bonacic, an 

 2   act to amend Chapter 510 of the Laws of 2013; 

 3                Senate 6248, by Senator Robach, an 

 4   act to amend Chapter 508 of the Laws of 2013; 

 5                Senate 6249, by Senator Ranzenhofer, 

 6   an act to amend the Education Law; 

 7                Senate 6250, by Senator Boyle, an 

 8   act to amend the General Business Law; 

 9                Senate 6251, by Senator Carlucci, an 

10   act to amend the Mental Hygiene Law; 

11                Senate 6252, by Senator Robach, an 

12   act to amend the Insurance Law; 

13                Senate 6253, by Senator Flanagan, an 

14   act to amend the Civil Service Law; 

15                Senate 6288, by Senator Boyle, an 

16   act to amend the Mental Hygiene Law; 

17                Senate 6300, by Senator LaValle, an 

18   act to amend Chapter 486 of the Laws of 2013; 

19                And Senate 6301, by Senator Valesky, 

20   an act to amend the Economic Development Law.

21                All bills reported direct to third 

22   reading.

23                ACTING PRESIDENT GALLIVAN:   Senator 

24   Libous.

25                SENATOR LIBOUS:   Mr. President, I 


                                                               62

 1   now move to accept the report of the Rules 

 2   Committee.

 3                ACTING PRESIDENT GALLIVAN:   All in 

 4   favor of accepting the report of the Rules 

 5   Committee signify by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT GALLIVAN:    

 8   Opposed, nay.

 9                (No response.)

10                ACTING PRESIDENT GALLIVAN:   The 

11   report is accepted.  

12                Senator Libous.

13                SENATOR LIBOUS:   Thank you, 

14   Mr. President.  

15                At this time could we please take up 

16   Calendar Number 7, noncontroversial.

17                ACTING PRESIDENT GALLIVAN:   The 

18   Secretary will read.

19                THE SECRETARY:   Calendar Number 7, 

20   by Senator Golden, Senate Print 6178, an act in 

21   relation to providing additional civil service 

22   credit.

23                ACTING PRESIDENT GALLIVAN:   Senator 

24   Golden on the bill.

25                SENATOR GOLDEN:   Thank you, 


                                                               63

 1   Mr. President.

 2                This bill is for the children of 

 3   firefighters and police officers who lost their 

 4   lives because they were part of the post-9/11 

 5   rescue and recovery effort.  

 6                This bill corrects an injustice that 

 7   this Legislature intended to correct last year 

 8   with the enactment of Chapter 376 of the Laws of 

 9   2013.  

10                If you look at the history of the 

11   legacy points, you will see that the Legislature 

12   always intended to provide legacy points to the 

13   children of firefighters and police officers who 

14   lost a parent because he or she participated in 

15   post-9/11 rescue and recovery efforts.  These 

16   children applied for these credits and they were 

17   denied these legacy credits.  This bill helps 

18   these children and gives them the legacy points 

19   that they should have received.

20                I want to thank the Republican 

21   leadership and Beth Garvey and Adam Richardson 

22   for moving this bill, and I want to thank the 

23   Independent Democrats and the Democratic 

24   Conference for allowing this bill to move to the 

25   floor as it has.  


                                                               64

 1                The last phase of this test is on 

 2   1/15.  They will have the run, and these legacy 

 3   credits will be applied to a class starting on 

 4   1/27.  

 5                God bless the future of these 

 6   children and the future of our great city and 

 7   state.  

 8                Thank you, Mr. President.  I vote 

 9   aye.

10                ACTING PRESIDENT GALLIVAN:   Read 

11   the last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GALLIVAN:   Call 

15   the roll.

16                The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT GALLIVAN:   The 

19   bill is passed.

20                Senator Libous, that completes the 

21   noncontroversial reading of the calendar.

22                SENATOR LIBOUS:   Thank you, 

23   Mr. President.  

24                Is there any further business at the 

25   desk?  


                                                               65

 1                ACTING PRESIDENT GALLIVAN:   There 

 2   is no further business at the desk.

 3                SENATOR LIBOUS:   There being no 

 4   further business, Mr. President, I move that we 

 5   adjourn until Tuesday, January 14th, at 

 6   11:00 a.m.

 7                ACTING PRESIDENT GALLIVAN:   On 

 8   motion, the Senate stands adjourned until 

 9   Tuesday, January 14th, at 11:00 a.m.

10                (Whereupon, at 4:30 p.m., the Senate 

11   adjourned.)

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