Monday, March 13, 1995

2218 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 March 13, 1995 10 3:00 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 2219 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, staff to find their places. 5 Ask all those in the gallery and the members to 6 rise and recite the Pledge of Allegiance with 7 me. 8 (The assemblage repeated the 9 Pledge of Allegiance to the Flag.) 10 In the absence of clergy, may we 11 all bow our heads in a moment of silence. 12 (A moment of silence was 13 observed.) 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Sunday, March 12th. The Senate met pursuant to 17 adjournment, Senator Farley in the Chair. The 18 Journal of Saturday, March 11th, was read and 19 approved. On motion, Senate adjourned. 20 ACTING PRESIDENT KUHL: Senator 21 Paterson. 22 SENATOR PATERSON: Mr. President, 23 I am curious. I would like to know whether or 2220 1 not a message from the Assembly that would have 2 indicated a special session for Tuesday of this 3 week was included in the Journal for last 4 Thursday, which is the one that we just read. 5 ACTING PRESIDENT KUHL: The desk 6 informs me that it was not, Senator Paterson. 7 SENATOR PATERSON: Mr. President, 8 we are informed that the message from the 9 Assembly was delivered to the Senate at 10 approximately 6:00 p.m. Wednesday evening, and 11 so, if it's not in the Journal, with your 12 permission, Mr. President, I would like to yield 13 to Senator Stachowski who would read that 14 message such that we can at least make a record 15 of the fact that we believe it was submitted. 16 SENATOR SKELOS: Mr. President. 17 ACTING PRESIDENT KUHL: Senator 18 Skelos. 19 SENATOR SKELOS: A point of 20 order. The Chair has indicated that the message 21 from the Assembly was not in the Journal, so I 22 see no reason for this message now to be read if 23 the Senate has been informed that it's not been 2221 1 filed in the Journal. 2 SENATOR STACHOWSKI: Mr. 3 President. 4 ACTING PRESIDENT KUHL: Senator 5 Stachowski. 6 SENATOR STACHOWSKI: Can we 7 inquire then if it was -- if it was signed for 8 by Mary Carey at the Senate desk on Wednesday 9 night, then why was it not included in 10 Thursday's Journal? 11 ACTING PRESIDENT KUHL: For those 12 members' information, particularly Senator 13 Stachowski and Senator Paterson, I'm informed by 14 the members at the desk here, the Secretary, 15 that it is never and never has been referenced 16 in the past, so at this point it would be my 17 ruling that the Journal essentially is accurate 18 as it has been in the past. 19 SENATOR PATERSON: And - 20 ACTING PRESIDENT KUHL: Also, 21 Senator Paterson, I'm informed by the desk that, 22 in fact, the Journal that we're referring to now 23 is the last Journal, and it was not last 2222 1 Thursday's, that there has been a subsequent 2 session since that time when Senator Farley was 3 in the chair; so that regards to the Journal 4 reference, it's not the last one, not the one 5 when the Journal would have been reported. 6 SENATOR PATERSON: Well, Mr. 7 President, Mr. President, I understand - 8 SENATOR SKELOS: Mr. President, I 9 believe that a point of order has been raised. 10 Mr. President, I believe a point of order has 11 been raised. 12 ACTING PRESIDENT KUHL: Yes. 13 Again, Senator Paterson, if you recall what the 14 Journal or what the clerk -- the Secretary, 15 excuse me, read, the reference was to the 16 Journal of Saturday, March 11th. This was as a 17 result of the session on Sunday, March 12th, so 18 the motion on the floor is to accept the Journal 19 as read. 20 SENATOR SKELOS: Mr. President, I 21 would at this point withdraw my motion, my point 22 of order, I'm sorry, my point of order. 23 ACTING PRESIDENT KUHL: The point 2223 1 of order is withdrawn. The motion on the floor 2 is to accept the Journal as read. 3 All those in - 4 SENATOR PATERSON: Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Paterson, on the motion. 7 SENATOR PATERSON: Mr. President, 8 on the motion. 9 I understand that the motion that 10 was read into the -- pertaining to the Journal 11 today is for Saturday, March 11th. That was a 12 real tough day. I'm sure we all accept it, but 13 the last day that we were actually here -- in 14 other words, that was an intervening legislative 15 day. The last day that we were present was 16 Thursday, March the 9th. On Friday, March the 17 10th, I'm sure we approved the Journal for 18 Thursday, March the 9th. It's just that when we 19 approved it, we weren't sitting here, so - 20 SENATOR SKELOS: Mr. President, 21 again I'll have to raise my point of order. If 22 we're correcting a reading of the Journal, I be 23 lieve it would be for Saturday, this past Satur 2224 1 day, not from last Wednesday or last Thursday. 2 ACTING PRESIDENT KUHL: Senator 3 Paterson, is -- do you understand the process 4 here? We have a motion on the floor to accept 5 the reading of the Journal, the reading of the 6 Journal being that which was read on Sunday, 7 March 12th, and your point relative to whether 8 or not a message from the Assembly was included 9 in that, I think, has been addressed by Senator 10 Skelos and myself in that it would have been 11 done prior to that, in a prior session, so if - 12 if you're insisting that, or if you're objecting 13 to the reading of or the acceptance of the 14 Journal as read, then I'll take a vote on the 15 motion. If you're not, then we'll simply note 16 your remarks for the record. 17 SENATOR PATERSON: Mr. President, 18 I don't -- I've not determined whether or not 19 I'm going to object to the reading of the 20 Journal, the acceptance of the Journal. I'm 21 just asking the question whether or not this 22 message, which actually arrived on Wednesday, 23 March 8th, what I'm saying, Mr. President, is 2225 1 that I don't have a remedy. 2 In other words, can you tell me 3 when I could have objected to it if -- when I'm 4 standing here today we are actually referring to 5 Saturday's session? I would have had to come 6 here Friday, I don't know what time the session 7 started that day, to object to Thursday's 8 Journal and on Thursday, I could have asked had 9 it been received on Wednesday evening, but I 10 couldn't have known that because we were -- we 11 were actually accepting Wednesday's Journal 12 which we accepted, because that occurred before 13 the time that the message that I'm holding in my 14 hand was actually received. 15 So I'm just asking the question, 16 Mr. President, in the spirit of cooperation, as 17 to whether or not the desk ever received this 18 message from the Assembly. I'm just trying to 19 resolve that, and once I know that, I would know 20 whether or not I want to object to the - 21 SENATOR SKELOS: Well, Mr. 22 President. 23 ACTING PRESIDENT KUHL: Senator 2226 1 Skelos. 2 SENATOR SKELOS: I think we can 3 -- we're dealing with the reading of the 4 Journal. If we want to question whether a 5 message was received from the Assembly, we can 6 do that under messages from the Assembly. Right 7 now we're dealing with the Journal of Sunday, so 8 if you have corrections to the Journal of 9 Sunday, that's one thing. If you want to deal 10 with messages from the Assembly, that's another 11 issue. 12 SENATOR PATERSON: Well, Mr. 13 President. 14 ACTING PRESIDENT KUHL: Senator 15 Paterson. 16 SENATOR PATERSON: I have an 17 idea. Why don't I argue your side of this 18 debate? Let's say we wait until messages from 19 the Assembly, and I try to mention this as a 20 message from the Assembly and I'm then corrected 21 that the message from the Assembly, the message 22 we're referring to, are actually from today 23 which is March 13th. That's the exact same 2227 1 argument that would defeat me on messages from 2 the Assembly that are -- that are beating me 3 right now on the issue of the Journal. 4 What I'm just simply asking is, 5 at what point in this deliberation can I raise 6 the issue of the fact that I believe that the 7 message was delivered to the desk? I honestly 8 believe that. I have it here. We have a 9 signature from someone who represents the Senate 10 indicating that that message actually got here, 11 and all I'm asking, Mr. President, is when can I 12 put in the record what the message actually 13 says? Is there any point that I can put that in 14 the record today under our rules that we think 15 that the message has said? I think that we can 16 do that right now. 17 SENATOR SKELOS: Well, again if 18 we -- if we -- if we - 19 ACTING PRESIDENT KUHL: Senator 20 Skelos. 21 SENATOR SKELOS: If we complete 22 -- if you're looking to correct the Journal of 23 Sunday, that's one thing. You want to go to 2228 1 messages from the Assembly and perhaps raise 2 that issue, then I think that would be a more 3 appropriate time. 4 SENATOR GOLD: Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Gold. 7 SENATOR GOLD: May I make an 8 inquiry of the Chair? 9 ACTING PRESIDENT KUHL: 10 Certainly. 11 SENATOR GOLD: The -- the minutes 12 that we're being asked to approve are yester 13 day's minutes then? 14 ACTING PRESIDENT KUHL: Yes. 15 SENATOR GOLD: And I assume that 16 yesterday there was some business of the Senate 17 and the Senate approved the minutes of the day 18 -- the Journal of the day before that or some 19 other day; is that correct? 20 ACTING PRESIDENT KUHL: That's 21 correct. 22 SENATOR GOLD: Well, my inquiry 23 of the Chair is, if I were to have come 2229 1 yesterday and, as the clerk read the Journal, I 2 stood up and asked for a quorum call and it was 3 determined that there was no quorum, I would 4 assume that we could not have done any business. 5 We may not even have had a legislative day. If 6 I'm accurate, that means that from here on in 7 for the rest of time, if a Democrat were to show 8 up on one of your legislative days and call for 9 a quorum, we could really make some changes in 10 the practices of this house. 11 Now, I'm not saying we want to do 12 that, but it seems to me that whether we're 13 talking about the Journal of yesterday or 14 whether we're talking about the Journal of five 15 days ago, that the Deputy Majority -- Minority 16 Leader asked the question, and that question is 17 a proper question and we can avoid a lot of 18 procedural hocus-pocus if the simple courtesy is 19 given to answer his question and that is, 20 basically, if I understand it, whether or not 21 this house acknowledges that a message was sent 22 by the Assembly over to this house and was at 23 some point acknowledged formally by this house 2230 1 and whether it was yesterday's Journal or 2 Thursday's Journal, I don't think that's 3 important. I think we don't want to get 4 involved in a hysterical procedural situation, 5 but you might be forcing that by telling the 6 leader of our side that he can or cannot get the 7 answer to a question. 8 So come to think of it, I guess I 9 don't have a question, Mr. President. 10 ACTING PRESIDENT KUHL: Senator 11 Paterson. 12 SENATOR PATERSON: Mr. President, 13 I think that amplifies my feeling on this 14 particular issue. I think we all know that, for 15 purposes of cooperation, that the days between 16 our last session day every week and the first 17 session day next week are what we call 18 intervening legislative days when we're all 19 running out of the chamber and the Majority 20 Leader is saying "there being no further 21 business, the Senate will adjourn until 3:00 22 p.m., Monday, March the 13th, all days being 23 legislative days intervening." 2231 1 That's what that refers to. But 2 the point is that it's almost in the spirit of 3 cooperation that we all understand that we're 4 actually not in the chamber. What I am suggest 5 ing is that because of that it's being asserted 6 now in a way such as not to allow me to seek the 7 answer to my question which continues to be 8 whether or not the Senate is acknowledging 9 receiving the message from the Assembly which we 10 maintain arrived at 6:00 p.m. March the 8th, 11 which was Wednesday and was signed for by Mary 12 Carey. 13 ACTING PRESIDENT KUHL: Well, 14 Senator Paterson, I thought that the Chair had 15 answered your question, and the answer was and 16 it was acknowledged, I think, by the people here 17 at the desk, and that was that a message was 18 received from the Assembly on Thursday morning, 19 that it was not referenced in the next Journal 20 or in today's Journal because it has been the 21 practice not to do that, so that is the answer 22 to your question. 23 Now, we're not dealing with that 2232 1 acceptance of that day's Journal. We're dealing 2 with the acceptance of the Journal of yesterday, 3 March 12th. That is the motion before the 4 floor, so if we're hearing no objection to 5 yesterday's Journal, then the Journal stands 6 approved as read. 7 Senator Paterson. 8 SENATOR PATERSON: Well, Mr. 9 President, that was all I was seeking, an 10 acknowledgement from this body that we received 11 a message. Whether or not it's our procedure to 12 put it in the Journal is a procedural decision 13 that we make. You have answered my question and 14 I will not oppose the motion to accept the 15 Journal, and I thank you very much for the 16 answer. 17 ACTING PRESIDENT KUHL: Journal 18 stands approved as read. 19 Presentation of petitions. 20 Messages from the Assembly. 21 Messages from the Governor. 22 Reports of standing committees. 23 Reports of select committees. 2233 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 Senator Tully. 5 SENATOR TULLY: Yes, Mr. 6 President. 7 On behalf of Senator Lack, on 8 page 13, I offer the following amendments to 9 Calendar Number 115, Senate Print Number 985, 10 and ask that said bill retain its place on the 11 Third Reading Calendar. 12 ACTING PRESIDENT KUHL: Amend 13 ments are received and adopted. Bill will 14 retain its place on the Third Reading Calendar. 15 Senator Tully. 16 SENATOR TULLY: Yes, Mr. 17 President. 18 On behalf of Senator Goodman, on 19 page 6, I offer the following amendments to 20 Calendar Number 97, Senate Print Number 926, and 21 ask that said bill retain its place on the Third 22 Reading Calendar. 23 ACTING PRESIDENT KUHL: Amend 2234 1 ments are received and adopted. Bill will 2 retain its place on the Third Reading Calendar. 3 SENATOR MARKOWITZ: Mr. 4 President. 5 ACTING PRESIDENT KUHL: Senator 6 Markowitz. 7 SENATOR MARKOWITZ: Thank you. 8 Thank you for allowing me to express a few 9 words. 10 Last week during Senate Calendar 11 Number 68, S. 211, I must have run out of the 12 chamber for a moment and was not particularly 13 following the debate and, if I may, I rise today 14 to express my opposition in allowing the 15 military to recruit on State University campuses 16 because it perpetuates and condones discrimina 17 tion against gay and lesbian students on State 18 University campuses. 19 While I should have expressed my 20 opposition to this measure when it was initially 21 debated and I should have known that this was 22 such an important and intense issue for the 23 lesbian and gay and my community of the state, I 2235 1 looked at the bill from a different 2 perspective. 3 I looked at the bill from the 4 perspective that the military recruitment on our 5 state campuses would expand the opportunities 6 afforded to some inner city African-American 7 youth. Such opportunity would increase the 8 disadvantaged students' career, path choices and 9 provide these young people the education and 10 discipline at an early age -- early enough age 11 to save them from the consequences of street 12 life. 13 However, I am vehemently opposed 14 to the military's ban on including gays and 15 lesbians among their ranks and for as long as 16 the United States military continues to uphold 17 this policy of discriminating against this group 18 of people, I can not and will not support the 19 bill. 20 I am addressing -- I have 21 addressed the Congressional chairs in Washington 22 on this issue previously, and now I am mention 23 ing it here in the Senate. I find it deplorable 2236 1 that this nation's military would institutional 2 ize discrimination, and I strongly feel that the 3 state must not allow taxpayer-supported 4 facilities to be used as a vehicle to sanction 5 overt discrimination. 6 Had I been listening a hundred 7 percent with both ears last week, I would have 8 voted "no" on Senate 211 because it's the right 9 thing to do. Thank you. 10 ACTING PRESIDENT KUHL: Without 11 objection, the record will reflect that, had 12 Senator Markowitz been present in the chamber, 13 he would not have been recorded in the 14 affirmative but would have voted in the 15 negative. 16 Thank you. 17 Senator Skelos. 18 SENATOR SKELOS: Yes, if there 19 are no other motions, could we go to the 20 non-controversial calendar. 21 ACTING PRESIDENT KUHL: Secretary 22 will call the non-controversial calendar. 23 THE SECRETARY: Calendar Number 2237 1 31, by Senator Velella, Senate 19-A, an act to 2 amend the Insurance Law in certain insurance 3 premium reductions. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 1st day of 8 January. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 49. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 53, by Senator Rath, Senate Bill Number 208-B, 17 an act to amend the Criminal Procedure Law, in 18 relation to prohibiting issuance of an order on 19 bail upon conviction of a sex offense against a 20 child. 21 SENATOR LEICHTER: Lay it aside. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside. 2238 1 THE SECRETARY: Calendar Number 2 93, by Senator Farley, Senate 436-A, an act to 3 amend the Alcoholic Beverage Control Law, in 4 relation to the fee for a summer license for a 5 vessel. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. 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 49. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 103, by Senator Volker, Senate 1186, an act to 19 amend the Education Law, in relation to the 20 practice - 21 SENATOR VOLKER: Lay the bill 22 aside for the day. 23 ACTING PRESIDENT KUHL: Lay the 2239 1 bill aside for the day at the request of the 2 sponsor. 3 THE SECRETARY: Calendar Bill 4 Number 131, by Senator Cook, Senate 418, an act 5 to amend the Environmental Conservation Law, in 6 relation to permitting certain direction signs 7 in the Catskill park. 8 SENATOR PATERSON: Lay aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 138, by Senator Holland, Senate 466, an act to 13 amend the Social Services Law, in relation to 14 access to the statewide register of child abuse 15 and maltreatment. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 ACTING PRESIDENT KUHL: Excuse 2240 1 me. Roll call will be withdrawn. Lay the bill 2 aside. 3 Senator Skelos, that completes 4 the non-controversial calendar. 5 SENATOR SKELOS: Controversial, 6 please. 7 SENATOR WALDON: Mr. President. 8 ACTING PRESIDENT KUHL: Senator 9 Waldon, why do you rise? 10 SENATOR WALDON: Thank you very 11 much, Mr. President. 12 I was called outside a few 13 moments ago while we were voting on Calendar 14 Number 93. For the record, I would like it 15 recorded that had I been here, I would have 16 voted in the nay, and my reasons for that, if I 17 may explain in 30 seconds, is that we're hurting 18 for revenue in the state in the proposed budget, 19 and though this is just a small diminution of 20 the revenue, it is a diminution of the revenue 21 that will be coming to the coffers of the state 22 of New York, and that compels me to vote in the 23 no. 2241 1 ACTING PRESIDENT KUHL: Without 2 objection -- Senator Skelos, no objection - 3 Senator Waldon will be recorded in the negative 4 on Calendar Number 93. 5 SENATOR SKELOS: No objection. 6 ACTING PRESIDENT KUHL: Secretary 7 will call the controversial calendar. 8 THE SECRETARY: On page 4, 9 Calendar Number 53, by Senator Rath, Senate 10 Print 208-B, an act to amend the Criminal 11 Procedure Law, in relation to prohibiting 12 issuance of an order of recognizance or bail. 13 ACTING PRESIDENT KUHL: Senator 14 Rath, an explanation has been asked for by 15 Senator Paterson. 16 SENATOR RATH: Surely, Senator 17 Paterson. 18 The item in front of you today is 19 somewhat different than one that came before us, 20 I believe it was a week or two ago. This deals 21 with persons who are convicted and awaiting 22 sentencing, would not apply to someone who has 23 been accused but not convicted of a felony sex 2242 1 offense against a child under the age of 18. 2 There was a circumstance in 3 Genesee County last year where a 27-year-old 4 individual was convicted of first degree sexual 5 abuse. The victim was a child under 11 years of 6 age. The defendant was originally charged with 7 first degree rape and subsequently entered a 8 plea of guilty to first degree sexual abuse. 9 After entering a guilty plea, the 10 defendant was released to await sentencing. 11 While awaiting sentencing, the defendant was 12 again arrested and charged with first degree 13 sexual abuse acts committed against a six 14 year-old girl. Now, had that defendant remained 15 in jail while awaiting sentencing, the second 16 incident would not have occurred, and I think we 17 all know that there is a very high recidivism 18 rate among sex abusers, and I think the most 19 important thing we have to remember here is that 20 this is someone who has been convicted. 21 ACTING PRESIDENT KUHL: The Chair 22 recognizes Senator Paterson. 23 SENATOR PATERSON: Thank you very 2243 1 much, Mr. President. 2 Would Senator Rath yield to a 3 question? 4 ACTING PRESIDENT KUHL: Senator 5 Rath, will you yield to a question from Senator 6 Paterson? 7 SENATOR RATH: Yes, certainly. 8 ACTING PRESIDENT KUHL: Senator 9 yields. 10 SENATOR PATERSON: Senator Rath, 11 this may be one of those examples of a 12 particular situation being highlighted to the 13 extent that it will actually influence our law 14 making, and on many occasions and this certainly 15 seems to be one of them, this is very good. But 16 the question I just wanted to ask you on this 17 particular bill would be, what is the standard 18 procedure in most criminal cases at the point of 19 sentencing? 20 What this bill will do is 21 obviously take -- put this into legal mandate 22 and take it away from the sitting judge, and I 23 don't have any real objection to it, but I just 2244 1 wanted to know how it deviates from the 2 standard. 3 SENATOR RATH: Well, generally 4 speaking, the judges feel that they have to 5 grant bail in these cases because these people 6 are not convicted, so I think in the 7 circumstance that we're talking about when 8 someone has been convicted and considering the 9 high recidivism rates of sex offenders, I think 10 that this is the kind of thing we want to 11 safeguard against. 12 ACTING PRESIDENT KUHL: The Chair 13 recognizes Senator Paterson. 14 SENATOR PATERSON: Thank you, Mr. 15 President. That answers my question. Thank 16 you. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the 30th day. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 2245 1 ACTING PRESIDENT KUHL: Announce 2 the results when tabulated. 3 THE SECRETARY: Ayes 49. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 131, by Senator Cook. 8 SENATOR PATERSON: Explanation. 9 ACTING PRESIDENT KUHL: Senator 10 Cook, an explanation has been asked for by 11 Senator Paterson. 12 SENATOR COOK: Mr. President, 13 there are a number of reasons why it might be 14 important to have a very detailed discussion of 15 this bill today, so I will try to go back and 16 talk a little bit about the history and the 17 rationale and hopefully set at ease some of the 18 concerns that very many members may legitimately 19 have about the bill. 20 If we remember the Lady Bird 21 Johnson movement, which was to eliminate bill 22 boards, there was a great concern that our 23 scenic highways would be blighted by having 2246 1 garish kinds of big billboards all over the 2 place and that we, in fact, passed federal 3 legislation that limited that on the interstate 4 highways and, indeed, the state Transportation 5 Department has been repeatedly at our door 6 enforcing those laws. 7 I would like to reassure every 8 one, however, that this is not an effort to 9 punch holes in the "Lady Bird Johnson" law, that 10 this indeed is not an effort to put large bill 11 boards in the Catskill Park. In fact, neither 12 is it an effort to be able to advertise 13 automobile sales or real estate agents or any of 14 the other kinds of retail businesses that might 15 normally advertise through this medium. It is 16 simply an effort by which those tourist-related 17 businesses would be able to assure their 18 potential customers and clients of the ability 19 to locate that business if they indeed try to 20 come into the country and enjoy their 21 facilities. 22 Country roads, by their nature, 23 are very crooked and they have a lot of branches 2247 1 and forks and confusing turns in them and, as 2 one who resides in the area, I can tell you that 3 even I find a degree of confusion from time to 4 time trying to locate facilities in those kinds 5 of roads and would greatly welcome an occasional 6 sign at one of these forks that would tell me 7 that the place to which I -- which was to be my 8 final destination was indeed on the right fork 9 instead of the left fork, knowing that if I went 10 the wrong way, I might go for many miles and 11 spend an inordinate amount of time looking for 12 the place in vain and indeed possibly getting 13 lost and having all sorts of dire consequences. 14 The purpose of this bill, 15 therefore, is to be able to establish some signs 16 that would be of a nature, of a size and a color 17 and a location designated by the Department of 18 Environmental Conservation, such signs to be 19 located at the intersections such as I've 20 described, so that when individuals are indeed 21 trying to find a particular hotel or a 22 particular restaurant -- and those would be the 23 two kinds of facilities that we're primarily 2248 1 talking about here -- that these directional 2 signs would be located at the appropriate 3 intersections in order to give the traveler the 4 information necessary to reach the destination 5 they sought to go to rather than finding 6 themselves on a scenic exploration of the dirt 7 byways and climbing the mountainsides of my 8 district. 9 So the bill is carefully 10 crafted. It is done in a way where the 11 Department of Environmental Conservation 12 continues to have total control over the size, 13 the color and the placement of the signs, and it 14 is, at the same time, going to serve the needs 15 of both the visitor to the area and the 16 businesses in the area by assuring that people 17 will be able to find the locations. 18 Senator Skelos, is that enough 19 explanation of this? 20 SENATOR SKELOS: Yes. That's 21 fine. 22 ACTING PRESIDENT KUHL: The Chair 23 recognizes Senator Paterson. 2249 1 SENATOR PATERSON: Would Senator 2 Cook yield for a question, Mr. President? 3 ACTING PRESIDENT KUHL: Senator 4 Cook, do you yield for a question? 5 SENATOR COOK: Yes. 6 SENATOR PATERSON: Has the DEC or 7 anyone else that's in favor of this piece of 8 legislation considered the proliferation of 9 directional signs in the actual park? I mean I 10 don't think -- I think we all empathize with a 11 business seeking to maximize its contact with 12 the public through the use of advertisements, 13 but what we're wondering is, if each business 14 has four signs, then how many businesses do they 15 estimate are going to use this? In other words, 16 the - 17 SENATOR COOK: Senator, the 18 nature -- the nature of where these particular 19 signs would be located -- and remember they're 20 only within the park, so they're in areas where 21 most of the land is still owned by the state. 22 The amount of land that's available for private 23 development is very limited, so you consequently 2250 1 have only a very few, perhaps one or two of 2 these businesses on a given road, and so that 3 the concern that people might have that you're 4 going to end up with 25 or 30 of these signs at 5 a given intersection, you can set your mind at 6 ease on that point because it will not be that 7 kind of a situation. 8 ACTING PRESIDENT KUHL: Chair 9 recognizes Senator Oppenheimer. 10 SENATOR OPPENHEIMER: Thank you, 11 Mr. President. It's very good, excellent 12 peripheral vision there. 13 Senator Cook, you just said that 14 there won't be a proliferation. I understand - 15 I understand what you're saying, and I think you 16 understand what I'm about to say. We're talking 17 four additional signs for a large number of 18 businesses and hotels and things and, if you add 19 four times the potential numbers that want to 20 have the signage -- and I understand that the 21 roads do wind and twist, but we have to have 22 some way to balance these things. 23 The park, if it has many signs 2251 1 going up in it, will lose the -- the openness 2 and the non-commercial look and the open space 3 look and the integrity which it now has, so we 4 do have this very complicated, you know, 5 balancing act between the needs for business and 6 the needs for the park to stay open and -- and 7 as natural as possible. 8 It's a conundrum, and I think 9 there has in the past been a balance struck 10 between the commercial interests in the park and 11 visual integrity of the park, and this bill has 12 been revisiting us many, many times and it 13 invariably has not been able to be made into law 14 because there are many who see this as an area 15 that we are trying to preserve as pristine as 16 possible. 17 So the Environmental Lobby, 18 Planning Lobby is opposed to this bill and there 19 are several Senators who historically have voted 20 against it, and they are Senators Connor, 21 Dollinger, Gold, Jones, Leichter, Montgomery, 22 Ohren...Onorato, Smith, Solomon, Stachowski, 23 Stavisky and on your side of the aisle, Senators 2252 1 there have been Goodman, Hannon, Holland, Lack, 2 Padavan, Spano and Velella. 3 Thank you. 4 SENATOR COOK: Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Cook. 7 SENATOR COOK: Senator 8 Oppenheimer, I wish you'd sort of remind the 9 Environmental Planning Lobby and folks of a very 10 important fact. The underbrush in these areas 11 is very thick, and the only place that the birds 12 have to land to sun themselves is on one of 13 these signs and, if we don't have them, there 14 are going to be all these birds aren't going to 15 have any place to sit, so I wish that we could 16 get this done. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 Senator Oppenheimer, to explain 20 your vote. 21 SENATOR OPPENHEIMER: I would 22 just like to commend the Senator on his really 23 wonderful creative thinking. I really 2253 1 appreciate that, and I will have to give this 2 information back. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 ACTING PRESIDENT KUHL: Announce 11 the results when tabulated. 12 Senator Paterson to explain his 13 vote. 14 SENATOR PATERSON: Mr. President, 15 I just wanted to explain my vote by saying again 16 that we're not trying to limit business but we 17 do have a certain scenic integrity to our 18 parks. Many of our parks have become over 19 commercialized, and the reason for our objection 20 is just that years later, we go and we find out 21 little bits of land and we try to, in a sense, 22 hold them up as being symbols of the society 23 that lives in a certain time and we call that 2254 1 landmark preservation. 2 This is an opportunity for us to 3 preserve land, to preserve the integrity of the 4 park. People go to parks often to get away from 5 directional facilities, from directional 6 signals, and we think that perhaps they are 7 being over-saturated. 8 ACTING PRESIDENT KUHL: Senator 9 Paterson, how do you vote? Senator Paterson, 10 how do you vote? 11 SENATOR PATERSON: Oh, I vote no, 12 Mr. President. 13 ACTING PRESIDENT KUHL: Senator 14 Paterson voting in the negative. 15 Senator Cook to explain his 16 vote. 17 SENATOR COOK: Mr. President, to 18 explain my vote. 19 Probably most of us have traveled 20 in national parks, Yellowstone Park, for 21 example, being one of the most famous, and at 22 each intersection at these national parks, there 23 are signs that tell us where the various 2255 1 attractions are located, and they have a little 2 arrow pointing to the left or to the right. 3 We don't have in the Catskill 4 Park those kinds of official locations, but 5 nevertheless the destinations that people -- to 6 which people want to go are the same types of 7 destinations, that is they're the places that 8 are necessary for people's enjoyment of the 9 park, and this bill is presented in that spirit 10 and, therefore, I vote in the affirmative. 11 ACTING PRESIDENT KUHL: Senator 12 Cook will be recorded in the affirmative. 13 Announce the results. 14 Senator Tully to explain his 15 vote. 16 SENATOR TULLY: Yes, Mr. 17 President. 18 I had occasion last week to speak 19 to the Executive Director of the environmental 20 advocacy group, the Environmental Planning 21 Lobby, Lee Wasserman, and I asked him a question 22 as to how it was that he was in opposition to 23 this particular bill when we had a similar bill 2256 1 in the Adirondack Park sponsored by Senator 2 Stafford which dealt with signage as well, but 3 the difference between the two bills being that 4 besides geography, that in the case of Senator 5 Stafford's bill the signage was called a kiosk. 6 Now, it may well be that, in the 7 Adirondacks, they've advanced beyond the stage 8 in that mountain area or that of the people in 9 the Catskill area who still call them signs, and 10 I couldn't really get a resolution, Senator 11 Cook, as to how there was a difference in 12 attitude with respect to the position of the 13 Environmental Planning Lobby in those two 14 bills. But I was given to understand by Mr. 15 Wasserman that he did understand Senator Cook's 16 problem in this particular area, the need for 17 these directional signs to assist local 18 enterprise, and he knew also of Senator Cook's 19 deep commitment to the environment, and he 20 believed that in the not-too-distant future 21 there would be a way that, once and forever, it 22 might be that they would be working in tandem 23 jointly for the betterment of the people in that 2257 1 community, and this state; and it's for all of 2 those reasons, Mr. President, that I join 3 Senator Cook in support of this bill. 4 ACTING PRESIDENT KUHL: Senator 5 Tully will be recorded in the affirmative. 6 Senator Leichter to explain his 7 vote. 8 SENATOR LEICHTER: Yes, Mr. 9 President. Just to point out to Senator Tully, 10 because we don't want to appear as if we have 11 some disagreement or animosity against Senator 12 Cook in supporting Senator Stafford's bill where 13 we wouldn't support Senator Cook's bill. In 14 fact, I think everybody on this side of the 15 aisle have as great a respect for Senator Cook 16 as distinguished from some of his bills, but the 17 distinction was that Senator Stafford's bill 18 indeed had been worked out with environmental 19 groups and provided for these directional signs 20 in rest areas of the Thruway and also had the 21 involvement of the Adirondack Park -- Adirondack 22 Park Agency, so I think it had environmental 23 safeguards, and I think, as Senator Oppenheimer 2258 1 said, it is a balancing act, but in that 2 instance I think a good balance was struck and I 3 hope we might be able to work out something 4 similar with Senator Cook and see a bill that 5 not only is annually going to pass the Senate, 6 but I'm sure that Senator Cook would like to see 7 a bill that's going to be signed into law. 8 We understand his problem, we'll 9 work with him and hopefully we will see a good 10 bill that will help the region and also help the 11 environment and that will be signed into law. 12 I vote in the negative. 13 ACTING PRESIDENT KUHL: Senator 14 Leichter will be recorded in the negative. 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 131 are Senators 18 Abate, Connor, Espada, Gold, Holland, Jones, 19 Kruger, Leibell, Leichter, Markowitz, Onorato, 20 Oppenheimer, Paterson, Smith, Stachowski, also 21 Senator Goodman, also Senator Montgomery. Ayes 22 36, nays 13. 23 ACTING PRESIDENT KUHL: The bill 2259 1 is passed. 2 THE SECRETARY: Calendar Number 3 138, by Senator Holland, an act to amend the 4 Social Services Law, in relation to access to 5 the statewide register of child abuse and mal 6 treatment. 7 SENATOR PATERSON: Explanation. 8 ACTING PRESIDENT KUHL: Senator 9 Holland, an explanation has been asked for by 10 Senator Paterson. 11 SENATOR HOLLAND: Yes, Mr. 12 President. 13 This bill allows mental 14 retardation and developmental disabilities 15 service providers to access the child abuse 16 registry in order to check the background of 17 prospective employees of non-residential family 18 support and early intervention pre-school 19 programs. 20 Currently providers of services 21 to persons with mental retardation and develop 22 mental disabilities are only allowed to access 23 the child abuse registry to check backgrounds of 2260 1 persons considered for employment in residential 2 programs. 3 However, far more children are 4 served in non-residential programs. These 5 children are often severely disabled and 6 extremely vulnerable. It is vital that the 7 persons entrusted with their care be checked for 8 a history of child abuse and/or neglect. 9 ACTING PRESIDENT KUHL: Senator 10 Paterson. 11 SENATOR PATERSON: Mr. President, 12 we are very impressed with Senator Holland's 13 bill and thank him for his work on it. 14 Actually, one of our members 15 would like to expand the scope of it. There is 16 an amendment at the desk and only with your 17 permission, Mr. President, we would recognize 18 Senator Jones. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson, I understand there is an amendment at 21 the desk. It was duly served. 22 The Chair would recognize Senator 23 Jones. 2261 1 SENATOR JONES: Yes. I'd like to 2 call up my amendment, please, waive its reading 3 and I'd like an opportunity to explain it. 4 I voted - 5 ACTING PRESIDENT KUHL: Amendment 6 is at the desk. We'll waive the reading. 7 Senator Jones to explain the amendment. 8 SENATOR JONES: I'm fully 9 supportive of what Senator Holland is trying to 10 do with the two agencies he has in his bill. 11 However, what I'm asking is if the bill could be 12 amended to include an agency that is viable in 13 my community and perhaps others as well. 14 The Catholic Family Services in 15 Rochester operates several residential homes. 16 They have recently been told that they may not 17 -- the ones that are funded through OASAS, they 18 may not have access to the child registry to 19 check on their employees. They can if the 20 programs are funded through Social Services. 21 However, they have residential programs that 22 involve -- do involve drug treatment and there 23 are people who -- who are left, children are 2262 1 left in the care of people while their mother or 2 whoever is in treatment, so they are asking that 3 they also be included in this so that they could 4 also have the opportunity. 5 I don't think in this day and age 6 when we're working so hard to protect our 7 children that we really want to leave any stone 8 unturned that does not allow everyone access to 9 these records who needs it and this was a 10 special request of Catholic Families in 11 Rochester, who does run many excellent programs 12 and they are asking to perhaps amend this bill 13 so that they could be included as well under 14 OASAS. 15 SENATOR HOLLAND: May I ask that 16 we lay my bill aside and we'll talk to the 17 Senator. 18 ACTING PRESIDENT KUHL: All 19 right. At the request of the sponsor, Senate 20 Calendar Number 138 is laid aside. 21 Senator Skelos. 22 SENATOR SKELOS: Recognize 23 Senator Goodman, please. 2263 1 ACTING PRESIDENT KUHL: The Chair 2 recognizes Senator Goodman. 3 SENATOR GOODMAN: Mr. President, 4 had I been in the chamber last Tuesday, March 5 the 7th, I would have voted, wished to be 6 recorded -- wish to indicate that had I been 7 here on Wednesday, March 8th, I would have voted 8 in the negative on Senate 211, by Senator 9 Holland. 10 ACTING PRESIDENT KUHL: Senator 11 Goodman, the record will reflect that had you 12 been in the chamber when that vote was taken 13 that you would have voted in the negative. 14 SENATOR GOODMAN: Thank you, Mr. 15 President. 16 ACTING PRESIDENT KUHL: Chair 17 recognizes Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 are there any other bills to be debated at this 20 time? 21 ACTING PRESIDENT KUHL: That 22 completes the controversial calendar, Senator 23 Skelos. 2264 1 We do have a couple of substitu 2 tions if you'd like to do those at the moment. 3 Secretary will read the substitutions. 4 THE SECRETARY: On page number 6, 5 Senator Goodman moves to discharge the Committee 6 on Investigations, Taxation and Government 7 Operations from Assembly Bill Number 1700 and 8 substitute it for the identical Senate Bill 9 Calendar Number 98. 10 On page 9, Senator Farley moves 11 to discharge from the Committee on Banks 12 Assembly Bill Number 2463 and substitute it for 13 the identical Senate Bill Calendar Number 151. 14 ACTING PRESIDENT KUHL: Without 15 objection, substitutions are ordered. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 at this time could we return to motions and 19 resolutions, and would you please recognize 20 Senator Volker. 21 SENATOR VOLKER: Mr. President. 22 ACTING PRESIDENT KUHL: Return to 23 motions and resolutions. 2265 1 Senator Volker. 2 SENATOR VOLKER: I believe there 3 is a resolution at the desk honoring Gerry 4 Adams, president of Sinn Fein. 5 ACTING PRESIDENT KUHL: Senator 6 Volker, there is a privileged resolution at the 7 desk. What's your pleasure with regard to 8 that? 9 SENATOR VOLKER: We would like to 10 have you, if possible, read the entire 11 resolution, please. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the resolution in its entirety. 14 THE SECRETARY: Legislative 15 Resolution welcoming the Honorable Gerry Adams, 16 president of Sinn Fein to the United States and 17 to the state of New York upon the occasion of 18 the American-Irish Legislators Society's Annual 19 Dinner March 13, 1995. 20 It's the sense of this assembled 21 body to walk in the noontide of righteous 22 resolve, in the eternal light of peace with the 23 imperishable hope of freedom for all the nations 2266 1 of the world. 2 Attendant to such concern and 3 fully in accord with its long-standing 4 traditions, it is the sense of this assembled 5 body to welcome to our nation and to the state 6 of New York the Honorable Gerry Adams, president 7 of Sinn Fein and former Westminster Member of 8 Parliament for West Belfast. 9 Consistent with Gerry Adams' 10 commitment to peace, a determination so visible 11 in his successful effort to suspend the campaign 12 of armed struggle in the north of Ireland, it is 13 further the intent of this assembled body to 14 register its support for the sons and daughters 15 of all Ireland as they strive for peace. 16 Gerry Adams, married with one 17 son, in 1983, was elected president of Sinn 18 Fein, an all-Ireland party which seeks an end to 19 British jurisdiction in the six northeastern 20 counties of Ireland, and supports the 21 unalienable right of the Irish people to self 22 determination. 23 That year, and again in 1987, 2267 1 Gerry Adams was elected the Westminster Member 2 of Parliament for West Belfast. 3 Gerry Adams has written widely in 4 freedom's cause. A PATHWAY TO PEACE, in 1988, 5 one of several of his publications, contains the 6 passage: "Peace in Ireland is not simply the 7 absence of war or conflict; it is the existence 8 of conditions of justice and equality which 9 eradicate causes of the conflict." 10 In recognition of Gerry Adams' 11 commitment to peace, President Clinton's 12 administration has lifted the 25-year policy of 13 visa denial with Sinn Fein. This action which 14 Gerry Adams has called "courageous", allows to 15 address the American-Irish Legislators Society 16 this evening. 17 In 1993, in talks with the SDLP 18 leader, John Hume, Gerry Adams initiated the 19 process which resulted in IRA's decision to 20 announce a complete cessation of military 21 operation. 22 Upon the occasion of its annual 23 expression of solidarity and shared concern, it 2268 1 is the intent of this assembled body to join 2 with the American-Irish Legislators Society in 3 renewing our commitment to the McBride 4 principles, noting in turn the obvious success 5 of that policy in nurturing the peace process in 6 Northern Ireland. 7 Winds of March enkindle the 8 flames of an ancient dream. Let us listen that 9 we might hear footsteps of long ago. Like an 10 Irish echo, history reverberates with the 11 resilience and consistency of a sacred commit 12 ment that Ireland might be free. 13 On April 24, 1995, it will be 79 14 years since Padraic H. Pearse, poet, school 15 teacher and principal source of Republican 16 inspiration, read this words atop the steps of 17 the General Post Office in Dublin: "Irishmen 18 and Irish women, in the name of God and of the 19 dead generations from which she receives her old 20 tradition of nationhood, Ireland, through us, 21 summons her children to her flag and strikes for 22 her freedom..." 23 In every walk of life, in the 2269 1 arts, in the sciences, in the political world, 2 in every manifestation of the human spirit, the 3 Irish people have excelled. 4 No nation on earth has sent to 5 the shores of America a people more spiritual 6 than the Irish. Throughout the ages, they have 7 left their causes forgotten among the lilies. 8 From the mode and from the texture of that 9 endowment, the cathedrals and colleges of our 10 nation were built, a heritage largely formed, 11 our American character greatly forged. 12 Upon the eve of the 1995 tribute 13 to Ireland's greatest saint, St. Patrick, it is 14 the sense of this assembled body to walk with 15 Gerry Adams, with the sons and daughters of 16 "Cathleen Houlihan" noting, in turn, with 17 unswerving affirmation, the words of Padraic 18 Pearse: "People that I've loved, shall we not 19 answer together?" 20 NOW, THEREFORE, BE IT RESOLVED 21 that this legislative body pause in its 22 deliberations and most joyously welcome Gerry 23 Adams to the United States and to the state of 2270 1 New York, commending his commitment to peace; 2 and 3 BE IT FURTHER RESOLVED that 4 copies of this resolution, suitably engrossed, 5 be transmitted to the Honorable Gerry Adams, 6 president of Sinn Fein, and to the Honorable 7 Richard J. Keane, president of the American 8 Irish Legislators Society, Albany, New York. 9 ACTING PRESIDENT KUHL: The Chair 10 recognizes Senator Volker on the resolution. 11 SENATOR VOLKER: Mr. President, 12 first of all, let me say in behalf of Senator 13 Holland and the Majority Leader and myself, that 14 any -- what I'd like to do is open up the 15 sponsorship of this resolution. I would suggest 16 that, unless somebody objects, that we do the 17 normal procedure for these kinds of 18 resolutions. Unless someone objects, everybody 19 would be placed on the resolution. That would 20 be my suggestion. 21 ACTING PRESIDENT KUHL: With the 22 acquiescence of the acting Majority Leader, we 23 will place all members on the resolution except 2271 1 for those people who wish to not be on the 2 resolution. We ask them to identify themselves 3 at the desk. 4 No objection. Senator Volker 5 continuing on the resolution. 6 SENATOR VOLKER: Yes, I want to 7 say that we fully intended to have Gerry Adams 8 here and, in fact, he is in the complex some 9 place, but he's been slowed down today by - 10 he's got a fever and cold, and so forth, I guess 11 and we're hoping that, before we adjourn, that 12 he would be able to come here but it looks as if 13 he may not get here before the Senate recess. 14 But let me just say that -- about 15 this gentleman, that, as somebody whose 16 grandfather came directly from Ireland and who 17 has a great deal of my family of Irish descent, 18 I don't believe that many people realize the 19 enormity of what this gentleman has done in 20 leading his Sinn Fein party to attempt to find 21 peace in northern Ireland. 22 I know from some of my relatives 23 how difficult it is for any leader of the IRA to 2272 1 suggest that the group stop military action if 2 you want to call it, which is what, of course, 3 the IRA has been doing, and seek peace by 4 stopping the killing in Ireland. 5 That takes a great deal of 6 courage, by the way, because I think, as many 7 people are aware in this day and age, once a 8 course of action is committed to, it is very 9 difficult to change it, and I know very well 10 that it must have been -- taken a great deal of 11 soul searching for this man who is very 12 articulate and who has led his party for many 13 years in Ireland, to make the decision that he 14 did. 15 I think there is one thing that I 16 think maybe a lot of people do not realize, and 17 that is that Gerry Adams was always considered 18 to be a moderate, even while the fighting was 19 still going on, and that is that I think he 20 tried to, wherever possible, keep the fighting 21 to -- down, and it was among his own people and, 22 of course, has lobbied for a great long time to 23 bring the fighting in Northern Ireland to an 2273 1 end. 2 He is to be at our American-Irish 3 Legislators party tonight, and he is to speak to 4 us. We are most happy to have him. We had, as 5 I say, planned on having him here on the floor 6 of the Senate, but so far it doesn't look like 7 he's going to be able to be here, but we do want 8 to congratulate him and say that we are very 9 happy to have him here in Albany seeking peace. 10 ACTING PRESIDENT KUHL: Is there 11 any other member wishing to speak on the 12 resolution? 13 Senator Holland. 14 SENATOR HOLLAND: I might also 15 say that my great, great grandfather came over 16 directly from Ireland, fought in the Civil War, 17 just to back up Dale's comments. 18 I am very happy and proud to 19 welcome Gerry Adams to this house, to this 20 nation, this city of Albany, especially during 21 the week of St. Patrick, but Gerry represents 22 only the latest link between Ireland and the 23 United States. The home of our president, the 2274 1 White House, was designed by James Hoban, a 2 noted Irish-American architect. Benjamin 3 Franklin, the envoy of the American Revolution, 4 was received by the Irish Parliament. Ever 5 since then, our interests have been joined. 6 Franklin sent leaflets to the Irish freedom 7 fighters, encouraging them to fight for 8 freedom. 9 Irish volunteers played such an 10 important part in the American army during the 11 American Revolution that Lord Mountjoy said in 12 the British Parliament that we have lost America 13 to the Irish. Charles Stuart Cornell, the 14 famous Irish nationalist whose mother was born 15 in America, addressed the American Congress on 16 Irish freedom. Our two nations, divided by 17 distance, have been united by history. 18 No people ever believed more 19 deeply in the cause of Irish freedom than the 20 people of the state of New York and no country 21 contributed more to building our nation than the 22 sons and daughters of Ireland. 23 It was the Irish who worked hard 2275 1 without complaint to build this Empire State. 2 They built the Erie Canal; they built the 3 railroads. They built families and a culture 4 which is still in presence in our state today. 5 Many of our ancestors left behind 6 their hearts, their fields and a nation yearning 7 to be free, but they still came to our shores 8 with a vision of hope. There are those who feel 9 that history of pain, war and exile are better 10 forgotten. There are those who feel that we 11 should forget the bitterness of the past. There 12 are those who feel that we should completely 13 start anew, but to really start anew, we must 14 understand the meaning of pain and bitterness 15 for the present and the future, and it is the 16 present and the future of Ireland that today 17 holds so much promise, thanks to this man, Gerry 18 Adams. 19 Henry Grattan once said that a 20 country enlightened as Ireland, committed as 21 Ireland, armed as Ireland and injured as 22 Ireland, will be satisfied with nothing less 23 than liberty. 2276 1 Gerry Adams represents that 2 liberty. He represents a proud Ireland. He has 3 led the fight to drive tyranny from Ireland's 4 shores, and he represents the new and stronger 5 Ireland. However, as I am sure Gerry can attest 6 to, there is much work to be done. We in New 7 York are still united in our Irish brothers and 8 we will never forget their struggle. 9 This house was instrumental in 10 the passage of the McBride principles. These 11 principles work for fair employment to reduce 12 employment discrimination at firms doing 13 business in Northern Ireland. The McBride 14 principles were first implemented in 1986. Dr. 15 Sean McBride, a Nobel Prize Laureate and Irish 16 citizen, first composed the McBride principles 17 to ensure that U.S. companies with Northern 18 Ireland interests did not lend a hand in 19 creating job discrimination that occurs against 20 Catholics in Northern Ireland. 21 I was proud to sponsor this 22 important legislation in this Senate. As you 23 all know, we in New York never forgot Ireland. 2277 1 The British have finally come to the negotiating 2 table. After 300 years of genocide, peace is 3 coming to Ireland, and Gerry is part of that new 4 peace. 5 My friends and colleagues, 6 Ireland's hour has come. It has something to 7 give the world, something more, a future of 8 peace and freedom, thanks to Gerry Adams. 9 ACTING PRESIDENT KUHL: The Chair 10 recognizes Senator Connor. 11 SENATOR CONNOR: Thank you, Mr. 12 President. 13 I rise to join in this resolution 14 welcoming Gerry Adams to New York and to the 15 Senate. 16 I think the history of the Irish 17 nation's struggle to be a nation is one that's 18 been replicated and paralleled by the experience 19 of other subjugated people. As it's often said, 20 Ireland was Britain's first colony, and its last 21 colony. It was over 800 years since the 22 (Gaelic), a word in Gaelic, which means the 23 stranger, and that is the Irish word for English 2278 1 stranger, since the strangers came amongst the 2 Irish. It was the history that initially 3 involved feudal exploitation among warring clans 4 and alliances, and so on, and evolved and 5 certainly has been for at least 300 years a 6 struggle for a people to recognize freedom, to 7 express their unique identity, something which 8 the colonizer in a rather arrogant way never 9 would recognize. 10 Churchill said, Gee, the Irish 11 are odd; they refuse to be British. And why 12 not? They saw this culture subjugated for 13 hundreds of years. They saw a language nearly 14 destroyed. They saw a people decimated 150 15 years ago by the very great hunger, and the 16 Irish call it the great hunger because there was 17 no famine in Ireland from 1845 until 1850. 18 Record crops were exported to England, record 19 grain crops, livestock, enough to feed the Irish 20 people four-fold over. Yet two million men, 21 women and children starved in the roads and 22 fields, literally starved to death. Millions 23 more fled to the new world, starving masses many 2279 1 of whom died en route. The best estimates are 2 that a third of the Irish immigrants during that 3 period were thrown overboard from the ships 4 before they reached New York and Boston. Often 5 so-called coffin ships, very seaworthy ships 6 sunk laden with Irishmen, women and children in 7 emaciated condition. 8 That was political genocide. The 9 then Queen Victoria deigned to contribute a 10 penny to Irish famine relief. It was clearly a 11 political move. British politicians said, Well, 12 this will further subjugate this island. Before 13 the great hunger, the Irish peasantry was the 14 healthiest in western Europe. Indeed, they 15 averaged three inches taller than the average 16 Englishman, but they didn't control their land. 17 They didn't control their political destiny, 18 they didn't control the distribution of their 19 own wealth that they created, and they starved 20 as a result of it. 21 The Irish presence spread 22 throughout the world. In the 17th and 18th 23 century there were Irish nurseries in the courts 2280 1 of Europe and Irish regiments in all the 2 European armies, the so-called "wild geese" 3 chased from their home land. 4 In the 18th and 19th centuries, 5 Australia, the United States, Canada, the 6 Caribbean, saw the Irish land in search of 7 freedom. In some cases they were landed in 8 chains among the first slaves brought to the new 9 world in the Caribbean. They also experienced 10 for 200 years the so-called penal laws, whereby 11 unless they abandoned their faith, their 12 religious faith, they were denied the right to 13 vote, to be educated. It was a crime to teach a 14 Catholic in Ireland to read and write. 15 Yet they persevered, they 16 persevered in hedge schools and continued in 17 every generation to assert Ireland's right to 18 freedom and arms. 19 And so it is we come down to this 20 day 10 years after the great hunger. We find a 21 modern Ireland ready to put down ancient 22 divisions, to sit at a negotiating table and to 23 search for peace. We also find an Ireland that 2281 1 doesn't forget its old wrongs, but is willing to 2 build upon them a new future. 3 One thing that has always -- I've 4 always found not so remarkable, if you know what 5 happened 150 years ago, there are organizations 6 in Ireland that are, whenever famine occurs in 7 Asia or Africa or wherever, they're first there 8 with food because that stinging pain of a 9 country that lost a third of its population in a 10 mere five years is ever present in the Irish 11 memory. 12 Today we welcome to Albany Gerry 13 Adams, someone who has struggled, someone who 14 has been in prison, someone who has the courage 15 of years of armed struggle to say, Let's opt for 16 peace. Let's make politics in Ireland a matter 17 of negotiation, discussion and put aside the 18 gun. 19 On that basis, a new future looms 20 for all the Irish people putting aside ancient 21 differences because of sects which were fostered 22 by the colonial power, and a new hope springs 23 for a land that is so beautiful and for its many 2282 1 sons and daughters throughout the world. 2 Thank you, Mr. President. 3 ACTING PRESIDENT KUHL: The Chair 4 recognizes Senator Oppenheimer on the 5 resolution. 6 SENATOR OPPENHEIMER: Well, I'm 7 not Irish by birthright, but I guess I'm an 8 Irophile, I think that's the word for someone 9 who admires Ireland and has been there often by 10 choice, as recently as a few months ago when I 11 was hiking in the very section that Senator 12 Connor has just mentioned, which is the area 13 that got -- after the famine the people left 14 their farms and there was absolutely no farming 15 going on there now. It's the area called 16 Connemara, it's kind of an isolated area that 17 has a whole lot more sheep than it has people in 18 very scattered small communities, but it's a 19 very beautiful area to walk in, and I walked for 20 a week from a very small town called Linnan. 21 Last night, I saw a play on 22 Broadway that was written by Brian Friel, who 23 gave us Dancing at Manassah about four years 2283 1 ago, and this is a play that deals with the very 2 subject that Senator Connor was talking about, 3 that is a hedge school, and about the people 4 trying to maintain their language, their 5 heritage by not learning English, by not being 6 co-opted, and it's a beautiful play. I urge you 7 all to see it. It just came to Broadway. 8 I have been working for several 9 years now as co-chair of the Irish Northern Aid 10 Committee here in Albany, and I so 11 welcome Gerry Adams to -- to Albany and his 12 search for peace and his desire. I praise his 13 burning desire to move from the violence that 14 has disrupted the whole country to a peaceful 15 resolution. It is such a welcomed change, I 16 feel that if the PLO and Israel can sit down 17 together, then surely England and Northern 18 Ireland should be able to work out some accord, 19 and I wish them Godspeed, and I'm just very 20 delighted that Gerry Adams came to America and 21 that our President opened his arms to him and 22 said, We welcome you. We urge you to continue 23 your search for peace, and we are not going to 2284 1 be tied into the follies of the past. 2 And I also hope that he will feel 3 better shortly. I understand today he has the 4 flu and a raging fever. So far he is managing 5 to continue on in spite of all these immediate 6 problems. He's an admirable person who is 7 working for peace now. 8 Thank you. 9 ACTING PRESIDENT KUHL: The Chair 10 recognizes Senator Espada. 11 SENATOR ESPADA: Thank you, Mr. 12 President. 13 Gerry Adams is a vessel in which 14 a path towards peace can be achieved. He was 15 the embodiment of a global lesson in morality 16 and in courage, and so the people of the 32nd 17 District, through their servant here in the 18 Senate, salutes this type of courage. We seek 19 to learn from it, we identify with it and once 20 again, we salute it, Mr. President. 21 ACTING PRESIDENT KUHL: The 22 question is on the resolution. 23 All those in favor signify by 2285 1 saying aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response. ) 5 The resolution is unanimously 6 adopted. 7 Senator Stavisky. 8 SENATOR STAVISKY: Mr. President, 9 without objection, I should like to be recorded 10 in the negative on Calendar Number 131, Senate 11 418. 12 ACTING PRESIDENT KUHL: Without 13 objection, Senator Stavisky is recorded in the 14 negative on Calendar Number 131. 15 Senator Santiago. 16 SENATOR SANTIAGO: Mr. President, 17 may I request that I be recorded in the negative 18 on Calendar Number 131. 19 ACTING PRESIDENT KUHL: Without 20 objection, Senator Santiago is recorded in the 21 negative on Calendar Number 131. 22 SENATOR NANULA: Mr. President. 23 ACTING PRESIDENT KUHL: Senator 2286 1 Nanula. 2 SENATOR NANULA: Without objection 3 I, too, would like to to be recorded in the 4 negative on Calendar Number 131. 5 ACTING PRESIDENT KUHL: Without 6 objection, Senator Nanula is recorded in the 7 negative on Calendar Number 131. 8 The Chair recognizes Senator 9 Skelos. 10 SENATOR SKELOS: Mr. President, 11 we'll just stand at ease for several moments. 12 ACTING PRESIDENT KUHL: The 13 Senate will stand at ease for several moments. 14 (The Senate stood at ease from 15 4:10 to 4:16 p.m.) 16 SENATOR SKELOS: Mr. President. 17 Mr. President. 18 ACTING PRESIDENT KUHL: Senate 19 will come to order. 20 SENATOR SKELOS: Could we first 21 have a little order in the Senate, please. 22 ACTING PRESIDENT KUHL: I'll ask 23 the members to find their chairs, ask those 2287 1 joining us to find a place around the outside, 2 ask you all to kindly give your attention to 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 at this time would you recognize Senator Holland 6 for the purposes of an introduction. 7 ACTING PRESIDENT KUHL: The Chair 8 recognizes Senator Holland. 9 SENATOR HOLLAND: Mr. President, 10 I'll be very brief. I won't repeat the two-page 11 speech that I read before, but it really is my 12 pleasure to welcome Gerry Adams on behalf of 13 everyone in this state and everyone in this 14 house to the state of New York and to the city 15 of Albany. 16 We -- many people in this house 17 are of Irish descent. We're very proud of what 18 you've done, the freedom that you've brought to 19 Ireland and Northern Ireland, and we anticipate 20 that that will continue, and I know that you 21 want to say a few words. We'd just like to say 22 welcome, thanks for coming, and wish you God 23 speed and good luck, not only in your fund 2288 1 raising, but your bringing freedom and the 2 counties of Ireland altogether. 3 Welcome. 4 SENATOR SKELOS: Mr. President, 5 at this time, I'd ask unanimous consent if our 6 distinguished guest could address the Senate. 7 ACTING PRESIDENT KUHL: Without 8 objection, the Chair will recognize the 9 Honorable Gerry Adams and ask him to take the 10 favorable spot up here on the dais to address 11 all of you. Such notables as General Graves, 12 Superintendent of West Point and Lou Carnisecca 13 have addressed the body from this point, and 14 we'd ask Gerry Adams to do the same. 15 The floor is yours. 16 THE HONORABLE GERRY ADAMS: 17 Senators and the President, can I 18 thank you for the welcome you have given me here 19 and for the opportunity to address you. I want 20 to thank you for the work that has been done by 21 the different Senators in this house, and to 22 this house the message which has been sent right 23 back to Ireland and right back to the British 2289 1 occupied part of Ireland. 2 The people from different back 3 grounds coming to this country and people from 4 my own country coming here have not forgot the 5 cause of freedom and justice and peace. 6 Your spirit has set a leadership 7 role on issues of justice against discrimination 8 and support of the McBride principles and on 9 other issues of democracy, and I think we back 10 in Ireland have not yet peace, but a space in 11 which peace can grow and that we, as we continue 12 to widen that space and to broaden that space, I 13 am sure that we will continue to have the 14 support of the people here assembled. 15 St. Patrick's Day is a very 16 special time for Irish people, Protestants and 17 Catholics, agnostics and pagans, and I was asked 18 by someone next door, what about the Jews, and 19 Jewish Irish as well, together do enjoy the 20 creativity of Ireland, to enjoy what we are and 21 our diversity and in our right to be free and to 22 live at peace with ourselves and at peace with 23 the other island, John Bone's island. 2290 1 St. Patrick's Day is a special 2 day because it comes at a time when all those 3 possibilities have opened up for us. For the 4 first time in 25 years, and some would say for 5 75 years, we actually see a future free of 6 conflict with the absence of injustice and in 7 the presence of freedom. 8 So I thank you all for your 9 support, for the honor you have given me today 10 and those who I represent back in Ireland, and I 11 wish you all a very healthy St. Patrick's Day. 12 Thank you. Thank you, Mr. 13 President. 14 ACTING PRESIDENT KUHL: The Chair 15 recognizes Senator Bruno. 16 SENATOR BRUNO: Mr. President, I 17 was out of the chamber at the time of the 18 resolution. I really just want to add my voice 19 to so many others in welcoming Gerry Adams 20 here. We all know what kind of courage it takes 21 to separate yourself from what is going on and 22 what people consider to be a normal way. It 23 took a lot -- took a lot of courage, a lot of 2291 1 vision, a lot of wisdom. So he's a real leader 2 and I'm just honored to have him in the chamber, 3 Mr. President, and just want to wish him a happy 4 St. Pat's and a great, great week and a safe 5 journey throughout New York State and the United 6 States. 7 (Applause). 8 Mr. President, there being no 9 further business to come before the Senate, I 10 move that we adjourn until tomorrow at 3:00 p.m. 11 ACTING PRESIDENT KUHL: Without 12 objection, the Senate stands adjourned until 13 tomorrow, Tuesday, at 3:00 p.m. 14 (Whereupon at 4:25 p.m., the 15 Senate adjourned.) 16 17 18 19