Regular Session - January 6, 1993
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9 ALBANY, NEW YORK
10 January 6, 1993
11 12:21 p.m.
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14 REGULAR SESSION
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18 LT. GOVERNOR STAN LUNDINE, President
19 STEPHEN F. SLOAN, Secretary
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order. Senate will come to order.
4 I'd like to ask everyone present
5 to rise and repeat the Pledge of Allegiance with
6 me.
7 (The assemblage repeated the
8 Pledge of Allegiance to the flag. )
9 THE PRESIDENT: Please be
10 seated.
11 The invocation today will be
12 given by the Reverend Howard J. Hubbard, Bishop
13 of the Roman Catholic Diocese of Albany. Father
14 Hubbard.
15 MOST REV. HOWARD J. HUBBARD: Let
16 us pray.
17 O God of us all and Lord of
18 history, You promised in Your mighty love for
19 the human family, you shall be My people and I
20 will be your God. We pray in a spirit of hope
21 and expectation for Your blessing upon all who
22 are gathered here for this 1993 opening session
23 of the New York State Senate. In Your mighty
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1 providence, O God of us all, You have endowed
2 those who serve and represent the people of New
3 York State in government with diverse gifts of
4 wisdom, imagination, resourcefulness, awareness
5 of our human frailty and a concern for the
6 common good.
7 The year 1992 witnessed unimagin
8 able suffering and radical dislocation for
9 millions of our brothers and sisters around the
10 world as well as the heroic efforts on the part
11 of many to support the human dignity and needs
12 of the homeless, the starving, the oppressed and
13 the voiceless as in the present mission of mercy
14 that our Marines are exercising in Somalia.
15 O caring God, bless, we pray, the
16 gifts that our governor and each legislator
17 bring to this year of opportunity to serve the
18 people of New York State. Embolden our public
19 servants to channel their efforts and energies
20 to address courageously the issues and critical
21 concerns that so many of our people have
22 directly experienced through unemployment, drug
23 and substance abuse, homelessness, as well as
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1 victims of violence in many forms, be such
2 racially, ethnically or gender motivated.
3 Enable, O God, our leaders and
4 enable us, the people of New York State, to make
5 1992 the year of going the extra mile for one
6 another, especially for children, the most
7 vulnerable members of our human family, many of
8 whom are experiencing material and/or spiritual
9 poverty.
10 In Your compassion, O God of us
11 all, strengthen our resolve and enable us
12 together to pursue with cooperation and courage
13 the goals these critical times mandate. Through
14 it all, help us not to take ourselves too
15 seriously so that we can be free to listen to
16 and to learn from one another and to stretch our
17 imagination as well as our ingenuity to confront
18 the difficult tasks ahead.
19 For all this we pray, O God, in
20 Your sacred name, You who live and reign both
21 now and forever and ever. Amen.
22 THE PRESIDENT: Thank you, Bishop
23 Hubbard.
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1 The Chair now hands down a
2 message from the state Board of Elections being
3 the official certification of the duly elected
4 members of the Senate, and directs that the same
5 be filed. So ordered.
6 I'd like to ask if there are any
7 Senators who -- present who have not taken their
8 oath of office. If so, if they would please
9 come to the front.
10 Please raise your right hands and
11 repeat after me: I do solemnly swear that I will
12 support the Constitution of the United States,
13 the Constitution of the state of New York and
14 that I will faithfully discharge the duties of
15 the office of Senator according to the best of
16 my ability.
17 Congratulations.
18 (Applause)
19 The Secretary will call the
20 roll.
21 THE SECRETARY: Senator Babbush.
22 (There was no response. )
23 Senator Bruno.
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1 SENATOR BRUNO: Here.
2 THE SECRETARY: Senator Connor.
3 (There was no response. )
4 Senator Cook.
5 SENATOR COOK: Here.
6 THE SECRETARY: Senator Daly.
7 SENATOR DALY: Here.
8 THE SECRETARY: Senator
9 DeFrancisco.
10 SENATOR DeFRANCISCO: Here.
11 THE SECRETARY: Senator
12 Dollinger.
13 SENATOR DOLLINGER: Here.
14 THE SECRETARY: Senator Espada.
15 SENATOR ESPADA: Present.
16 THE SECRETARY: Senator Farley.
17 SENATOR FARLEY: Here.
18 THE SECRETARY: Senator Galiber.
19 SENATOR GALIBER: Here.
20 THE SECRETARY: Senator Gold.
21 (There was no audible response.
22 Senator Gold was present. )
23 THE SECRETARY: Senator
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1 Gonzalez.
2 (There was no response. )
3 Senator Goodman.
4 SENATOR GOODMAN: Here.
5 THE SECRETARY: Senator
6 Halperin.
7 SENATOR HALPERIN: Here.
8 THE SECRETARY: Senator Hannon.
9 (There was no response. )
10 Senator Hoffmann.
11 SENATOR HOFFMANN: Here.
12 THE SECRETARY: Senator Holland.
13 SENATOR HOLLAND: Here.
14 THE SECRETARY: Senator Johnson.
15 SENATOR JOHNSON: Here.
16 THE SECRETARY: Senator Jones.
17 SENATOR JONES: Here.
18 THE SECRETARY: Senator Kuhl.
19 SENATOR KUHL: Here.
20 THE SECRETARY: Senator Lack.
21 Senator Lack excused.
22 Senator Larkin.
23 SENATOR LARKIN: Here.
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1 THE SECRETARY: Senator LaValle.
2 SENATOR LAVALLE: Here.
3 THE SECRETARY: Senator
4 Leichter.
5 SENATOR LEICHTER: Present.
6 THE SECRETARY: Senator Levy.
7 SENATOR LEVY: Here.
8 THE SECRETARY: Senator Libous.
9 SENATOR LIBOUS: Present.
10 THE SECRETARY: Senator Maltese.
11 (There was no response. )
12 Senator Marchi.
13 SENATOR MARCHI: Here.
14 THE SECRETARY: Senator Marino.
15 SENATOR MARINO: Here.
16 THE SECRETARY: Senator
17 Markowitz.
18 SENATOR MARKOWITZ: Here.
19 THE SECRETARY: Senator
20 Masiello.
21 SENATOR MASIELLO: Oh, here.
22 THE SECRETARY: Senator Mega.
23 SENATOR MEGA: Here.
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1 THE SECRETARY: Senator Mendez.
2 SENATOR MENDEZ: Here.
3 THE SECRETARY: Senator
4 Montgomery.
5 (There was no response. )
6 Senator Nolan.
7 (There was no response. )
8 Senator Nozzolio.
9 SENATOR NOZZOLIO: Here.
10 THE SECRETARY: Senator
11 Ohrenstein.
12 SENATOR OHRENSTEIN: Here.
13 THE SECRETARY: Senator Onorato.
14 SENATOR ONORATO: Here.
15 THE SECRETARY: Senator
16 Oppenheimer.
17 (There was no response. )
18 Senator Padavan.
19 SENATOR PADAVAN: Here.
20 THE SECRETARY: Senator Pataki.
21 SENATOR PATAKI: Here.
22 THE PRESIDENT: A quorum is
23 present.
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1 I'd like to see order because I
2 only get to speak to you once every two years.
3 Given that this, my opportunity, is rare, I
4 really appreciate this order and attention.
5 I want to welcome -- take this
6 opportunity to welcome all of you here, you and
7 your families who contribute so much to your
8 ability to serve, to the 1993 legislative
9 session.
10 I especially want to welcome the
11 new Senators, and offer a cordial welcome and
12 offer, at least on the part of this officer, to
13 work collegially with all of you.
14 I guess that makes the rest of
15 you "old" Senators, although I think that's only
16 in point of service, not necessarily in years.
17 I know that all of you, though, whether you have
18 served here in the Senate before or not, to some
19 extent have a new challenge. Because of redis
20 tricting, many districts are quite different and
21 you have new constituents. Certainly we all
22 face daunting challenges, but we're going to
23 give it the commitment and the energy that this
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1 state so richly deserves.
2 Serving in the Senate is a very
3 great privilege, and I think each of you should
4 consider it as such. Serving in the 216th Sen
5 ate will, I believe, be a particularly rewarding
6 experience due to the distinguished leadership
7 of the Temporary President, Ralph Marino. The
8 Governor and I look forward to working with
9 Senator Marino and his very able staff and,
10 indeed, we look forward to working with all of
11 you as we face what is a challenging year, but
12 we also think a year of opportunity.
13 I'd also like to welcome
14 especially Senator Fred Ohrenstein, the Minority
15 Leader, a gentleman and a strong advocate on so
16 many critical issues that face us today.
17 Finally, I want to thank all of
18 you for the courtesies that you've extended. It
19 -- I reminded myself today that this is the
20 seventh time I've had the opportunity to begin a
21 Senate session, and I guess the fourth time on
22 this kind of an occasion where we're starting
23 anew. I look forward to this session ahead as
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1 a -- with as much excitement and commitment as
2 any before.
3 The Chair now hands down a
4 communication from the Governor. The Secretary
5 will read.
6 THE SECRETARY: January 5th,
7 1993. Dear Mr. President: I would appreciate
8 the privilege of appearing before your honorable
9 bodies in joint session on Wednesday, January
10 the 6th, 1993 at 1:00 p.m., or as soon there
11 after as may be convenient, to deliver personal
12 ly my annual message to the Legislature.
13 Sincerely, Mario Cuomo.
14 THE PRESIDENT: To be filed.
15 SENATOR LEVY: Mr. President.
16 THE PRESIDENT: Senator Levy.
17 SENATOR LEVY: I hand up Senate
18 Resolution Number 1 and ask that it be read.
19 THE PRESIDENT: Secretary will
20 read.
21 THE SECRETARY: Senate Resolution
22 Number 1, by Senator Levy:
23 RESOLVED, that Senator Ralph J.
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1 Marino be, and he hereby is elected Temporary
2 President of the Senate for the years
3 1993-1994.
4 THE PRESIDENT: On the
5 resolution, all those in favor say aye.
6 (Response of "Aye.")
7 THE PRESIDENT: Senator Levy,
8 proceed. Senator Levy is recognized.
9 SENATOR LEVY: Mr. President,
10 it's a genuine honor and privilege to rise to
11 nominate Senator Ralph J. Marino to be the
12 Senate Majority Leader and President Pro Tem for
13 his third term as Senate Majority Leader.
14 I've known Ralph for more than 30
15 years, and he's been a friend during that period
16 of time; and throughout those years I've seen
17 him carry out his governmental responsibilities
18 as a town councilman in the town of Oyster Bay,
19 as a member of a school board, and I had the
20 privilege of sitting next to him right here for
21 18 years when, during much of that period of
22 time, he chaired the Corrections Committee and
23 he quietly and resolutely built a nationwide
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1 reputation for his expertise, his accomplish
2 ments and his achievements; and I served with
3 him and watched him in action as the chair of
4 the Long Island Senate delegation at very, very
5 difficult times, sometimes emotionally charged
6 times.
7 He demonstrated time and time
8 again his leadership qualities to all -- his
9 leadership qualities to those who disagreed with
10 him as well as to those who agreed with him; his
11 perpetual open-minded willingness to listen; his
12 warmth, his patience, and his calm regardless of
13 provocation and regardless of circumstances.
14 His great ability to persuade and
15 to influence catapulted him into being elected
16 as the Majority Leader in 1988 and re-elected in
17 1990. These qualities are his hallmark and his
18 tradition and, because of them, he was able to
19 forge a consensus within our diverse Majority
20 and with the Governor and the Assembly to
21 jointly, as an equal partner, to lead our state
22 through the drastic, the dire and the tumultuous
23 economic times of the past four years.
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1 I say to you that a lesser man or
2 a lesser woman could not and would not have
3 succeeded. A lesser man or woman could not and
4 would not have overcome the unparalleled
5 reelection campaign waged against him this year
6 -- an election campaign from without which is
7 part of our system; a reelection campaign waged
8 against him from within, and a reelection
9 campaign waged against him as an assault when
10 "within" and when "without" combined in their
11 assault upon him. That Ralph Marino is here
12 today is a testimonial to him personally, to the
13 leader he is and the legislator that he has
14 been.
15 So, Ralph, in nominating you for
16 your third term as Majority Leader, I know that
17 I speak for the 33 other members of our Majority
18 when I say we like you, we respect you, we place
19 our trust in you again, and we will follow you
20 now and in the future as our leader.
21 Mr. President, it is my great
22 honor and privilege to nominate Senator Marino.
23 SENATOR GOLD: Mr. President.
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1 Mr. President.
2 THE PRESIDENT: Senator Saland.
3 SENATOR SALAND: Mr. President,
4 thank you.
5 It is a distinct privilege and
6 honor to have the opportunity to second the
7 nomination of Senator Ralph Marino. Certainly,
8 I am not going to dwell upon his numerous
9 accomplishments, his 24 years of service, nor
10 his -- his recent successes as the Majority
11 Leader, and Temporary President over the course
12 of his prior two terms.
13 I would prefer, Mr. President, to
14 dwell on the subject of Ralph Marino -- Ralph
15 Marino the man, his character and the leadership
16 that he has afforded this chamber and not only
17 this chamber but the people of the state of New
18 York.
19 He serves not merely the people
20 of Nassau and Suffolk County in the 5th Senator
21 ial District. He has a larger responsibility
22 that the office to which we have nominated him
23 requires him to bear. Positions of authority
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1 can be very heady, if not intoxicating, and, in
2 fact, I'm sure we all know people who do not
3 bear up to that authority as well as others.
4 They can't handle it. They seem, in time, to
5 undergo a metamorphosis that makes it difficult
6 to recognize the person whom we chose, the man
7 or woman who we close to serve in that position
8 of leadership, in that position of authority.
9 Senator Marino has served since
10 January of 1989 and he was picked for that
11 position by his colleagues, by the majority of
12 the Republican -- Republican Majority at that
13 time, because of the qualities that he lent -
14 his personal qualities, his intellect, his
15 distinguished record, but beyond that because of
16 the respect that he had earned among his
17 colleagues, and, interestingly, respect is
18 something that we don't acquire by way of
19 genetics. You can't buy it; no way in the world
20 it's marketable. Not only can't you buy it, but
21 you can't impose it on others. There's only one
22 way you get respect, and that's by earning it,
23 and Ralph Marino has earned the respect and the
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1 loyalty of not only his conference, but of
2 people throughout this chamber, both sides of
3 the aisle, and people throughout New York.
4 He's a man who earned that re
5 spect not only from his colleagues and constitu
6 ents, but far and wide beyond the borders of
7 this state as well. He served extraordinarily
8 well as Temporary President but through some
9 extremely difficult times. He's responded to
10 his weighty responsibilities in a fashion that
11 not many could.
12 Make no mistake about it, he's a
13 man of dignity, humility, decency and grace, and
14 make no mistake about the fact that those
15 qualities should not be confused with a lack of
16 resolve, nor should they be confused with a lack
17 of will.
18 Ralph Marino is a leader. He's
19 been tested by many, not only here in this state
20 Capitol but, as alluded to earlier by Senator
21 Levy, under an extraordinary test under fire in
22 his district in his most recent reelection
23 campaign, a reelection campaign that saw what I
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1 would consider to be a bizarre amalgam of
2 interests attempting to unseat him, and his
3 people knew and knew well, the kind of leader he
4 will be, the kind of representative he had been,
5 and returned him with overwhelming numbers.
6 He has risen to and excelled in
7 each of the challenges. And let me just remind
8 Leo Durocher, wherever he may be, that nice guys
9 can finish first, and we have in our ranks
10 amongst the nicest. He's finished first, will
11 continue to be first and he will lead us
12 successfully through two more years and, again,
13 Mr. President, my privilege to have the
14 opportunity to second Senator Marino's
15 nomination.
16 THE PRESIDENT: Senator Gold.
17 SENATOR GOLD: Thank you, Mr.
18 President.
19 Mr. President, I offer up the
20 following substitute resolution, and I say very
21 respectfully to Senator Levy and Senator Saland
22 that your resolution is not bad. I just wanted
23 to offer you something that's a little better.
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1 I was a little taken back by
2 Senator Levy saying that he was speaking on
3 behalf of himself and 33 others. Right away
4 politics! We're here, Senator Levy, to elect an
5 officer of the Senate. If you want Senator
6 Marino as a Republican leader, I think that's a
7 great choice, but talking for the Senate as a
8 whole -- by the way, as an aside, Senator
9 Marino, in case we're not successful, I want you
10 to know I always liked you.
11 I want to also point out that my
12 resolution has significant support. I think
13 we're at 26 and a half if you count the little
14 Santiago over there; so we're not that far off.
15 The new Democratic Senate members
16 are here ready for business and, when the
17 expression is used as it was a few minutes ago
18 about having a consensus, I think consensus
19 starts with a cross-section of the Conference
20 and, if you look at our Conference as it's
21 developed under the leadership of the gentleman
22 sitting at my right, we are very proud.
23 There are seven women in the New
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1 York State Senate. You will find them on this
2 side of the aisle. There are four members of
3 the Senate with Puerto Rican/Hispanic back
4 grounds. You will find them on this side of the
5 aisle. We have five members of the Afro
6 American culture and background. You will find
7 them on this side of the aisle. We're very
8 proud of that, and that has developed over a
9 period of time whereby a Senator from the West
10 Side of New York, New York City, who's been here
11 for some 31 years and spent 17 of those years as
12 the Democratic leader, and things like I've just
13 spoken about don't happen by accident. They
14 happen because you get a certain moral tone from
15 the top. You get a certain concern from the top
16 and then you can effectuate those kind of
17 things.
18 Fred Ohrenstein, by definition,
19 is bright; he's articulate; he's energetic; he's
20 dedicated. He pays half my mortgage, but those
21 of you who know him -- and that should be
22 everybody in this chamber -- know that he is an
23 outstanding spokesman for things which really
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1 matter in this state -- individual rights,
2 fiscal integrity of this Legislature, openness
3 of this Legislature, safety of individuals
4 regardless of their race, their religion, their
5 biases of one sort or another with regard to
6 their personal life, to the environment,
7 transit, you-name-it issue, and there is no area
8 where Fred Ohrenstein was has not been out
9 spoken and indicated strong leadership.
10 As a matter of fact, if he had
11 been the leader prior to this, we would already
12 have major legislative reform. We would already
13 have a bias crime bill that meant something. We
14 would already have fairness throughout the
15 systems greater than we've been able to develop
16 over the years.
17 I take nothing away from a good
18 friend and certainly a dedicated public servant,
19 Senator Marino, but I would urge that we -- we
20 do what the -- what I would like to see the
21 state do, get a little less political, a little
22 more governmental in our thinking and accept the
23 substitute resolution and make Senator Manfred
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1 Ohrenstein our new President Pro Tem and
2 Majority Leader.
3 THE PRESIDENT: On the resolution
4 nominating Senator Marino as the Temporary
5 President of the Senate, all those in favor say
6 aye.
7 (Response of "Aye.")
8 Opposed nay.
9 (There was no response. )
10 The ayes have it. The Temporary
11 President of the Senate, Senator Ralph Marino.
12 (Applause)
13 The Chair will acknowledge that
14 we have received a communication that Senator
15 Ohrenstein has been elected Minority Leader.
16 (Applause)
17 I apologize for being
18 presumptuous in my earlier remarks in referring
19 to you in your positions to which you've just
20 been elected.
21 The swearing in of the Temporary
22 President of the Senate: I do solemnly swear
23 that I will support the Constitution of the
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1 United States, the Constitution of the state of
2 New York, and that I will faithfully discharge
3 the duties of the office of Temporary President
4 of the Senate according to the best of my
5 ability.
6 Congratulations.
7 SENATOR MARINO: Thank you very
8 much.
9 (Applause)
10 THE PRESIDENT: Senator Marino.
11 SENATOR MARINO: Mr. President,
12 we have a committee here from the Assembly,
13 Assemblyman Cochrane and Assemblyman Friedman.
14 THE PRESIDENT: Assemblyman
15 Friedman. Assemblyman Friedman?
16 SENATOR MARINO: Would you
17 welcome them, please, and I understand they have
18 a message from the Assembly.
19 THE PRESIDENT: Message from the
20 Assembly.
21 ASSEMBLYMAN FRIEDMAN: Oh, we've
22 been instructed to invite this honorable body to
23 join us in the Assembly chamber to receive a
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1 message from the Governor.
2 THE PRESIDENT: Thank the members
3 of the Assembly. The message is received and
4 accepted.
5 Senator Marino.
6 SENATOR MARINO: Mr. President, I
7 know the time is short, but I just wanted to
8 thank Senator Levy, Senator Saland and even
9 Senator Gold for the kind remarks which permit
10 me to continue two more years as the Majority
11 Leader here.
12 I look forward to service with
13 Senator Ohrenstein who has always been most
14 cooperative with me and as the leader of the
15 Minority in getting the business of this chamber
16 done year in and year out in a very competent
17 manner.
18 We have tough times, we've had
19 tough times, and I've enjoyed the cooperation of
20 Senator Ohrenstein and the Democrats and that
21 side of the aisle as well as the Republicans on
22 our side.
23 With the faltering economy, it
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1 has not been easy and we've had other problems,
2 as you know. We've got to address the problem
3 of the capital infusion for the MTA, the Blue
4 Cross-Blue Shield problem that confronts us
5 right now, the problem of jobs and taxes and the
6 economy and education and social services that
7 we all are very sensitive to and we will, I'm
8 sure, work together, Senator Ohrenstein and
9 myself, the Governor and the Speaker in getting
10 -- getting those problems resolved in a manner
11 befitting the wonderful people of this state.
12 We will do it, hopefully, in a manner which
13 gives credit -- brings credit to all of us and
14 in a manner in which we will be jointly
15 compromising, cooperating and trying to work out
16 the solutions to very pressing needs of our
17 people.
18 So while we may disagree during
19 the session, I know it will be in a spirit which
20 will be dedicated to our best efforts on behalf
21 of all of the people of New York State and, if
22 we do that, then I'm content that we will have a
23 very productive session and that we will leave
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1 here with a feeling of accomplishment.
2 So I thank you in anticipation of
3 your cooperation, Senator Ohrenstein, and the
4 members of your Conference, and I know that the
5 members of my conference look forward to a very
6 productive session.
7 I am very pleased to welcome the
8 new Senators here today: Senator Pataki, on my
9 side, Senator Wright, Senators DeFrancisco and
10 Nozzolio. I'm sure you'll all be happy to vote
11 for all of these tough measures, and jump in the
12 pool with all the rest of us to ensure that a
13 proper job is done this year.
14 I also want to acknowledge the
15 election of some good Democrat candidates:
16 Nellie Santiago, Mary Ellen Jones from my own
17 home town, I understand, who is here; Pedro
18 Espada, and Richard Dollinger. And congratula
19 tions on your elections. I wish you well and,
20 if you have any problems, see this guy over
21 here.
22 So welcome to everybody. I'm
23 sure we'll work together very well.
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1 Thank you.
2 (Applause)
3 THE PRESIDENT: Senator
4 Ohrenstein.
5 SENATOR OHRENSTEIN: Mr.
6 President, very briefly, I too would like to,
7 first of all, thank Senator Gold for those very
8 warm remarks, and I very much appreciate what
9 you have said, and I thank you for it.
10 I also want to thank the Demo
11 cratic members of the Senate for their continued
12 confidence in me and in my leadership. I look
13 forward to a very, very productive year. I
14 particularly look forward to working with a new
15 Democratic administration in Washington to bring
16 changes to this country both in the way
17 government is administered and in the way we
18 deal with our economy and the many, many issues
19 that are plaguing our people.
20 So I think while it will be
21 difficult, I think it will also be a very, very
22 productive year and very, very exciting as we
23 look for new and -- for new departures particu
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1 larly in Washington. I also look forward to
2 working with you, with the Governor and the
3 Lieutenant Governor and, of course, the Speaker
4 of the Assembly in -- in fashioning a Democratic
5 program which will look forward to solving these
6 many problems.
7 I certainly want to congratulate
8 my colleague and friend, Senator Marino, who has
9 had a tough year, and I do want to congratulate
10 him for the several election victories that he
11 has obtained this year, and I think he not only
12 was victorious but he earned those victories in
13 the way he's conducted himself, and I look
14 forward to working with him and all of you in
15 this very difficult time.
16 I simply want to say one thing: I
17 had an earlier occasion to speak here when one
18 of our new members was sworn in, Senator
19 Santiago, and I at that time was -- explained or
20 I tried to explain the Constitution of the state
21 of New York to those assembled, and I called to
22 their attention the fact that Senator Marino,
23 while he may be the Majority Leader, is also
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1 elected as the Temporary President of the Senate
2 and I want to emphasize that word that he is the
3 "Temporary" President of the Senate, so don't
4 let your head get too big on that subject.
5 And finally, I want to join
6 Senator Marino in welcoming all of the new
7 members on the Republican side and, of course,
8 particularly the members -- the new members on
9 our side: Senator Santiago, Senator Dollinger,
10 and Senator Espada, and Senator Mary -- Senator
11 Jones, Mary Ellen Jones, from Rochester, and
12 let's look forward to a good, productive and
13 exciting year.
14 (Applause)
15 THE PRESIDENT: Resolution.
16 Senator Marino.
17 SENATOR MARINO: Yes, may we have
18 Resolution Number 3?
19 THE PRESIDENT: Secretary will
20 read.
21 THE SECRETARY: Senate Resolution
22 Number 3, by Senator Marino:
23 RESOLVED, that Stephen F. Sloan
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1 of Guilderland be, and he hereby is elected
2 Secretary of the Senate for the years
3 1993-1994.
4 THE PRESIDENT: All those in
5 favor, say aye.
6 (Response of "Aye.")
7 Opposed nay.
8 (There was no response. )
9 The ayes have it. The resolution
10 is adopted.
11 Please repeat after me -- raise
12 your right hand and repeat after me: I do sol
13 emnly swear that I will support the Constitution
14 of the United States, the Constitution of the
15 state of New York and that I will faithfully
16 discharge the duties of the office of Secretary
17 of the Senate according to the best of my
18 ability.
19 Congratulations.
20 (Applause)
21 Senator Marino.
22 SENATOR MARINO: Mr. President,
23 we have the two resolutions appointing
32
1 committees to inform the Governor and the
2 Assembly, and I would suggest that there's a
3 little more business to be conducted and, after
4 the speech of the Governor's, we should return
5 here and quickly get rid of that business and
6 then adjourn for the day.
7 THE PRESIDENT: So that after
8 this resolution, the Senators will proceed
9 immediately to the Assembly chamber and we will
10 then return here after the conclusion of the
11 Governor's message.
12 The Secretary will read.
13 THE SECRETARY: Senate Resolution
14 Number 6, by Senator Marino:
15 RESOLVED, that the Senate and
16 Assembly meet in joint assembly in the Assembly
17 chamber at 1:00 p.m. today, for the purpose of
18 receiving a message from the Governor.
19 Senate Resolution Number 7, by
20 Senator Marino:
21 RESOLVED, that the President
22 appoint a committee of two to inform the
23 Governor of the election of Ralph J. Marino as
33
1 Temporary President of the Senate for the years
2 1993-1994, the Senate is organized and ready to
3 proceed with business, and will meet with the
4 Assembly in the Assembly chamber at 1:00 p.m.,
5 to receive the Governor's message.
6 THE PRESIDENT: All in favor -
7 pardon? All in favor say aye.
8 (Response of "Aye.")
9 Opposed nay.
10 (There was no response. )
11 The ayes have it. The
12 resolutions are adopted. The Chair appoints
13 Senator Padavan and Senator Espada to wait upon
14 the Governor.
15 The Secretary will read.
16 THE SECRETARY: Resolution Number
17 8, by Senator Marino:
18 RESOLVED, that the President
19 appoint a committee of two to wait upon the
20 Assembly and inform that body of the election of
21 Ralph J. Marino as Temporary President of the
22 Senate for the years 1993-1994, that the Senate
23 is organized and ready to proceed with business
34
1 and will meet jointly with the Assembly in the
2 Assembly chamber at 1:00 p.m. today to receive
3 the Governor's message.
4 THE PRESIDENT: On the
5 resolution, all those in favor say aye.
6 (Response of "Aye.")
7 Opposed nay.
8 (There was no response. )
9 The ayes have it. The resolution
10 is adopted.
11 The Chair appoints Senator Pataki
12 and Senator Jones to wait upon the Assembly.
13 The Senate will now stand in
14 recess.
15 (Whereupon at 12:58 p.m., the
16 Senate recessed until 2:19 p.m.)
17 THE PRESIDENT: The Senate will
18 reconvene.
19 I understand that Senator
20 Montgomery has not taken her oath. If you would
21 raise your right hand and repeat after me: I do
22 solemnly swear that I will support the Constitu
23 tion of the United States, the Constitution of
35
1 the state of New York, and that I will faithful
2 ly discharge the duties of the office of Senator
3 according to the best of my ability.
4 Congratulations.
5 (Applause)
6 Senator Marino.
7 SENATOR MARINO: Mr. President,
8 I'd like to hand up a resolution.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: Senate Resolution
12 Number 4, by Senator Marino:
13 RESOLVED, that Pauline Williman
14 be, and she hereby is elected the Official
15 Stenographer of the Senate for the years
16 1993-1994.
17 THE PRESIDENT: All those in
18 favor say aye.
19 (Response of "Aye.")
20 Opposed nay.
21 (There was no response. )
22 The ayes have it. The resolution
23 is adopted.
36
1 Senator Marino.
2 SENATOR MARINO: Thank you, Mr.
3 President.
4 I hand up the following
5 resolution, ask for its passage.
6 THE PRESIDENT: The Secretary
7 will read.
8 THE SECRETARY: Senate Resolution
9 Number 5, by Senator Marino:
10 RESOLVED, that John P. Everhardt
11 be, and he hereby is elected Sergeant-at-Arms of
12 the Senate for the years 1993-1994.
13 THE PRESIDENT: On the
14 resolution, all those in favor say aye.
15 (Response of "Aye.")
16 Opposed nay.
17 (There was no response. )
18 The ayes have it. The resolution
19 is adopted.
20 Senator Marino.
21 SENATOR MARINO: I'd like to hand
22 up the following resolution and ask for its
23 adoption.
37
1 THE PRESIDENT: Secretary will
2 read.
3 THE SECRETARY: Senate Resolution
4 Number 9, by Senator Marino:
5 RESOLVED, that the rules of the
6 Senate for the year 1991 as last amended be
7 adopted as the rules of the Senate for the years
8 1993-1994.
9 SENATOR LEICHTER: Mr.
10 President.
11 THE PRESIDENT: Senator
12 Leichter.
13 There will be order in the
14 chamber.
15 SENATOR LEICHTER: Senator
16 Marino, I haven't had a chance to check with the
17 Minority Leader on that, but at least just
18 speaking for myself, I think in the past we've
19 always put that aside until we've had a chance
20 to -- to look at it more carefully and then have
21 an opportunity to make comment.
22 SENATOR MARINO: I think we've
23 passed it in the past. My recollection,
38
1 Senator, is that we have passed the resolution
2 always on condition that the Minority can bring
3 up the rules again at some future date.
4 SENATOR LEICHTER: All right.
5 And that is all right. I have no problem with
6 that. Thank you.
7 THE PRESIDENT: On the
8 resolution, all those in favor say aye.
9 (Response of "Aye.")
10 Opposed nay.
11 (There was no response. )
12 The ayes have it. The resolution
13 is adopted.
14 Senator Marino.
15 SENATOR MARINO: I hand up the
16 following resolution and ask for its adoption,
17 please.
18 THE PRESIDENT: Secretary will
19 read.
20 THE SECRETARY: Senate Resolution
21 Number 10, by Senator Marino:
22 RESOLVED, that unless otherwise
23 ordered by the Senate, the hours of meeting
39
1 shall be as follows: Mondays 2:30 p.m.;
2 Tuesdays, 3:00 p.m.; Wednesdays and Thursdays at
3 11:30 a.m., and Fridays at 10:00 a.m.
4 THE PRESIDENT: On the
5 resolution, all those in favor say aye.
6 (Response of "Aye.")
7 Opposed nay.
8 (There was no response. )
9 The ayes have it. The resolution
10 is adopted.
11 SENATOR MARINO: Mr. President,
12 we have Senator Volker has a -
13 THE PRESIDENT: Senator Volker.
14 SENATOR MARINO: Senator Volker
15 has two privileged resolutions which are very
16 important to the state of New York.
17 THE PRESIDENT: Senator Volker.
18 SENATOR VOLKER: Mr. President,
19 would you read -- I don't have the numbers on
20 here. Would you read the first of these
21 resolutions, whatever number they are -- I don't
22 see a number on here -- as relating to
23 recognizing the Buffalo Bills football team on
40
1 the occasion of their record-setting come
2 back.
3 THE SECRETARY: Legislative Reso
4 lution, by Senator Volker and others, recogniz
5 ing the Buffalo Bills football team upon the
6 occasion of their record-setting comeback
7 against the Houston Oilers.
8 SENATOR ONORATO: Would you give
9 us the score?
10 SENATOR VOLKER: Mr. President.
11 THE PRESIDENT: Senator Volker.
12 SENATOR VOLKER: The score is
13 ever emblazoned on my mind: 41-38.
14 Mr. President, the resolution and
15 the one that follows commending Frank Reich for
16 the greatest comeback in professional football
17 league history, were put together with the help
18 of Senator Stachowski and others in western New
19 York, and already on the resolution are the
20 western New York legislators and Senator Marino
21 and Senator Ohrenstein. Anyone else who would
22 like to go on -- matter of fact, we thought
23 about putting the entire Senate on, but we
41
1 thought we'd better first ask, so if anybody
2 would like to go on -- maybe first I should ask
3 if anybody would not like to go on. Senator
4 Padavan -- no. But anyway, we would like
5 everybody to go on this.
6 We commend the Bills, and the
7 next resolution commends the quarterback, Frank
8 Reich, and we are going to deliver these
9 resolutions to the Buffalo Bills post haste.
10 Thank you.
11 SENATOR MARINO: Mr. President,
12 since the Jets or Giants did not qualify this
13 year -
14 THE PRESIDENT: Senator Marino.
15 SENATOR MARINO: Since the Jets
16 or Giants did not qualify this year, I think
17 this is an exceptional resolution, and I join
18 with my colleague in passing it.
19 SENATOR STACHOWSKI: On the
20 resolution, Mr. President.
21 THE PRESIDENT: On the resolution
22 -- Senator Stachowski. Excuse me.
23 SENATOR STACHOWSKI: As far as I
42
1 know, nobody on the Minority objects to being on
2 this resolution and on behalf of the people,
3 including myself, who stayed for the game, as
4 Senator Volker did, we're happy to have them on
5 this resolution.
6 THE PRESIDENT: Are you
7 suggesting that anybody who turned out for
8 television but didn't stay for the whole game
9 should be allowed to be on this?
10 SENATOR STACHOWSKI: No.
11 THE PRESIDENT: The Chair
12 misunderstood. The Chair misunderstood.
13 On the resolution, all those in
14 favor say aye.
15 (Response of "Aye.")
16 Opposed nay.
17 (There was no response. )
18 The ayes have it. The Buffalo
19 Bills remain honored forever.
20 SENATOR MARINO: Mr. President.
21 THE PRESIDENT: Senator Volker.
22 I'm sorry.
23 SENATOR VOLKER: Yeah, I'd like
43
1 to second -- the second resolution on Frank
2 Reich too.
3 THE PRESIDENT: I thought I took
4 care of them both together.
5 On the resolution regarding
6 quarterback Frank Reich, all those in favor say
7 aye.
8 (Response of "Aye.")
9 Opposed nay.
10 (There was no response.)
11 The ayes have it. The resolution
12 is adopted.
13 Senator Marino.
14 SENATOR MARINO: Mr. President,
15 there being no further business, I move we
16 adjourn until Monday, January 11th, at 2:30,
17 intervening days to be legislative days.
18 THE PRESIDENT: The Senate stands
19 adjourned.
20 (Whereupon at 2:25 p.m., the
21 Senate adjourned. )
22