Regular Session - January 8, 1997

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         9                       ALBANY, NEW YORK

        10                       January 8, 1997

        11                          12:04 p.m.

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        14                       REGULAR SESSION

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        18       LT. GOVERNOR BETSY McCAUGHEY ROSS, 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.

         4                      Would everyone please rise and

         5       join me in the Pledge of Allegiance.

         6                      (The assemblage repeated the

         7       Pledge of Allegiance to the Flag.)

         8                      THE PRESIDENT:  The Most Reverend

         9       Howard J. Hubbard, Bishop of the Roman Catholic

        10       Diocese of Albany will lead us in prayer.

        11                      BISHOP HOWARD J. HUBBARD:  Let us

        12       pray.

        13                      Most loving and gracious Lord,

        14       Who are the solstice of all wisdom, of all

        15       knowledge, of all justice, we pray Your

        16       blessings during this new year of 1997 upon all

        17       the members of our New York State family.  Today

        18       we ask Your blessings upon the members of the

        19       Senate of the state of New York.  We ask that

        20       You will grant to them the wisdom, the insight,

        21       the understanding, the compassion they need as

        22       they grapple with the critical matters of

        23       education, welfare, human services and taxation,

        24       which face the people of this, our Empire

        25       State.







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         1                      Enlighten them with Your wisdom,

         2       inspire them with Your spirit, so that they may

         3       make decisions that are truly in accord with

         4       Your will and that best serve the needs of Your

         5       people.  Enable them to be servants of the

         6       people, men and women of integrity and

         7       responsibility, committed to the common good,

         8       and for all this we Pray, O Lord, in Your sacred

         9       name.  You Who live and reign both now and

        10       forever and ever.  Amen.

        11                      THE PRESIDENT:  Amen.

        12                      The Chair now hands down a

        13       message from the state Board of Elections, being

        14       the official certification of the duly elected

        15       members of the Senate and directs that the same

        16       be filed.  So ordered.

        17                      The Secretary will call the roll

        18       to ascertain a quorum.  Excuse me, Mr.

        19       Secretary.  I understand that all oaths of

        20       office have already been filed with the

        21       Secretary of the Senate?  Yes.

        22                      The Secretary will call the roll

        23       to ascertain a quorum.

        24                      THE SECRETARY:  Senator Abate.

        25                      SENATOR ABATE:  Present.







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         1                      THE SECRETARY:  Senator Alesi.

         2                      SENATOR ALESI:  Here.

         3                      THE SECRETARY:  Senator Breslin.

         4                      SENATOR BRESLIN:  Here.

         5                      THE SECRETARY:  Senator Bruno.

         6                      SENATOR BRUNO:  Here.

         7                      THE SECRETARY:  Senator Connor.

         8                      SENATOR CONNOR:  Here.

         9                      THE SECRETARY:  Senator Cook.

        10                      SENATOR COOK:  Here.

        11                      THE SECRETARY:  Senator

        12       DeFrancisco.

        13                      SENATOR DeFRANCISCO:  Here.

        14                      THE SECRETARY:  Senator

        15       Dollinger.

        16                      SENATOR DOLLINGER:  Here.

        17                      THE SECRETARY:  Senator Farley.

        18                      SENATOR FARLEY:  Here.

        19                      THE SECRETARY:  Senator Gentile.

        20                      SENATOR GENTILE:  Here.

        21                      THE SECRETARY:  Senator Gold.

        22                      SENATOR GOLD:  Here.

        23                      THE SECRETARY:  Senator

        24       Gonzalez.

        25                      (There was no response. )







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         1                      Senator Goodman.

         2                      (There was no response. )

         3                      Senator Hannon.

         4                      SENATOR HANNON:  Here.

         5                      THE SECRETARY:  Senator

         6       Hoffmann.

         7                      SENATOR HOFFMANN:  Here.

         8                      THE SECRETARY:  Senator Holland.

         9                      SENATOR HOLLAND:  Here.

        10                      THE SECRETARY:  Senator Johnson.

        11                      SENATOR JOHNSON:  Here.

        12                      THE SECRETARY:  Senator Kruger.

        13                      SENATOR KRUGER:  Here.

        14                      THE SECRETARY:  Senator Kuhl.

        15                      SENATOR KUHL:  Here.

        16                      THE SECRETARY:  Senator Lachman.

        17                      SENATOR LACHMAN: Here.

        18                      THE SECRETARY:  Senator Lack.

        19                      SENATOR LACK:  Present.

        20                      THE SECRETARY:  Senator Larkin.

        21                      SENATOR LARKIN:  Present.

        22                      THE SECRETARY:  Senator LaValle.

        23                      SENATOR LAVALLE:  Present.

        24                      THE SECRETARY:  Senator Leibell.

        25                      (There was no response. )







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         1                      Senator Leichter.

         2                      SENATOR LEICHTER:  Present.

         3                      THE SECRETARY:  Senator Levy.

         4                      SENATOR LEVY:  Present.

         5                      THE SECRETARY:  Senator Libous.

         6                      SENATOR LIBOUS:  Present.

         7                      THE SECRETARY:  Senator Maltese.

         8       Senator Maltese excused.

         9                      Senator Marcellino.

        10                      SENATOR MARCELLINO:  Present.

        11                      THE SECRETARY:  Senator Marchi.

        12                      SENATOR MARCHI:  Present.

        13                      THE SECRETARY:  Senator

        14       Markowitz.

        15                      SENATOR MARKOWITZ:  Present.

        16                      THE SECRETARY:  Senator Maziarz.

        17                      SENATOR MAZIARZ:  Present.

        18                      THE SECRETARY:  Senator Meier.

        19                      SENATOR MEIER:  Present.

        20                      THE SECRETARY:  Senator Mendez.

        21                      SENATOR MENDEZ:  Present.

        22                      THE PRESIDENT:  Senator Bruno, a

        23       quorum is present.

        24                      SENATOR BRUNO:  Thank you.

        25                      THE PRESIDENT:  The Chair hands







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         1       down a communication from the Governor.

         2                      THE SECRETARY:  Senator

         3       Stafford.

         4                      SENATOR STAFFORD:  Do we have a

         5       resolution, Madam President?  Sorry.  Go ahead.

         6                      THE PRESIDENT:  The Secretary

         7       will read.

         8                      THE SECRETARY:  Dear Madam

         9       President:  I would appreciate the privilege of

        10       appearing before your honorable bodies in joint

        11       session on Wednesday, January 8, 1997, at 1:00

        12       p.m., or as soon thereafter as may be

        13       convenient, to deliver personally my annual

        14       message to the Legislature.

        15                      Sincerely, George E. Pataki.

        16                      THE PRESIDENT:  Senator

        17       Stafford.

        18                      SENATOR STAFFORD:  Madam

        19       President, it's indeed an honor and a pleasure

        20       for me to hand up the first resolution for the

        21       1978 -- excuse me '98 -- '97-98 -- whatever.  I

        22       ask that the resolution be read.  Thank you.

        23                      THE PRESIDENT:  The Secretary

        24       will read.

        25                      THE SECRETARY:  By Senator







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         1       Stafford, Senate Resolution providing for the

         2       election of Joseph L. Bruno as Temporary

         3       President of the Senate for the years 1997

         4       through 1998.

         5                      SENATOR GOLD:  Madam President.

         6                      THE PRESIDENT:  Senator Gold.

         7                      SENATOR GOLD:  Madam President,

         8       if it was 1978, maybe I could vote for that, but

         9       for the good of 1997, I want to offer a

        10       substitute resolution, and have an opportunity

        11       to speak on it.

        12                      THE PRESIDENT:  The Secretary

        13       will read.

        14                      THE SECRETARY:  By Senator Gold,

        15       Senate Resolution providing for the election of

        16       Martin Connor as Temporary President of the

        17       Senate for the years 1997 through 1998.

        18                      SENATOR GOLD:  O.K. Madam

        19       President.  Usually when I've had the occasion

        20       to do these in the past, I think I've done it

        21       with -- start with a little humor and, to tell

        22       you the truth, this year I feel it's a little

        23       more serious because I really do think, based

        24       upon the legislative history of the last few

        25       years, that there is a time for new leadership







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         1       in this house, a leadership which obviously

         2       brings respect for us as members, respect for

         3       our needs and certainly an appreciation of the

         4       work of each of us as members.

         5                      We all have constituencies, and

         6       we owe that constituency our loyalty, our

         7       dedication, our hard work -- and we do that -

         8       our best efforts.  A leader really has more than

         9       that.  He has a constituency at the local level

        10       which is obvious.  He's got statewide concerns,

        11       but also is responsible to us as a constituency,

        12       and that responsibility is to see to it that

        13       basically we can do our work, do it in an

        14       atmosphere of equity and fairness.  Tell you the

        15       truth, maybe stop what we've had as Senatoring

        16       by slogan and get to start substituting

        17       substance for press.

        18                      I would suggest that Bishop

        19       Hubbell* (should be Hubbard) said we should

        20       start with wisdom and insight and I believe that

        21       if we take the opportunity this year to make

        22       Senator Connor our leader, that is something

        23       which we can look forward to.  Senator Connor is

        24       not only knowledgeable and articulate, bright,

        25       but he's an individual who is practical, and







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         1       he's someone who has brought equity and respect

         2       to the Democratic Conference in this Senate and

         3       he can do that for the Senate in general, and I

         4       offer that to you.

         5                      I think that, with the help of

         6       the press, we might be able to stop legislation

         7       by slogans, by press release and get down to

         8       real substance.  People are sick of hearing

         9       about property tax relief.  They want to see

        10       it.  They're sick of seeing -- hearing about

        11       fiscal responsibility.  They want to see it, and

        12       real legislative reform means respect for every

        13       member in this chamber.

        14                      With this in mind, Madam

        15       President, it is with a great deal of pride and

        16       certainly from my point considered a great honor

        17       to ask this body to elect Martin Connor as our

        18       next President Pro Tem.

        19                      THE PRESIDENT:  On the substitute

        20       resolution offered by Senator Gold, all those in

        21       favor signify by saying aye.

        22                      (Response of "Aye.")

        23                      Opposed nay.

        24                      (Response of "Nay." )

        25                      The nays have it.  The resolution







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         1       is defeated.

         2                      Senator Stafford.

         3                      SENATOR STAFFORD:  Thank you,

         4       Madam President.

         5                      I, for the first time in my

         6       legislative career, I'll have to disagree with

         7       Senator Gold, and I'm sure it won't be the

         8       last.

         9                      Your Excellency, it's a pleasure

        10       to see you here again this year, and it is an

        11       honor for me to rise and to support the

        12       resolution nominating Joseph L. Bruno President

        13       Pro Tem and Majority Leader of the New York

        14       State Senate.

        15                      This past fall after I'd run a

        16       number of times -- I mentioned this earlier this

        17       year -- I was in a gathering and someone came up

        18       to me and said, "You know, you're fortunate, you

        19       don't have to play up to people.  You don't have

        20       to say what they want to hear.  You don't have

        21       to curry favor."  Someone else walked over to me

        22       and said, "He can do it the best of anybody I've

        23       ever seen," and now you're all about to see it

        24       again.

        25                      Joe Bruno has worked with all of







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         1       us.  He's become close to all of us.  You'll

         2       hear it today from me in this very short

         3       presentation.  However, we do go back, but it

         4       was during this past two years I was called in

         5       to -- called in, not invited, summoned as a

         6       Majority Leader can do because when he or she is

         7       a Majority Leader, they can do it, and we talked

         8       for a few minutes.  I knew there was something

         9       else, and we talked for a few minutes and he

        10       said to me, "You know, when I sat back there on

        11       that back bench," he said, "I was told by a

        12       Senator who had been here longer than I, that,

        13       you know, Joe, you sort of lost -- sometimes

        14       you've lost your bearings a bit, sometimes

        15       you're a bit too direct.  Sometimes you speak

        16       your mind, sometimes, you know, you know what

        17       I'm trying to say and you know you don't lose

        18       sight of the fact that you're here to win

        19       friends and influence people."

        20                      So I thought a minute.  He told

        21       me who it was.  I said, "Yes, but look where you

        22       are now and look where that Senator is."  The

        23       Senator no longer is here who said it to him,

        24       was defeated, and he's Majority Leader.  Yet I

        25       took to heart what he said.







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         1                      What I'm trying to say is he's

         2       worked with every one of us, on the big issues

         3       and on personal issues.  He lives this place and

         4       that was an example.

         5                      I'm going to be a bit

         6       presumptuous, but I said a number of things last

         7       year when I was talking.  I left out one point

         8       that I had felt bad about for two years.  I say

         9       it very quickly.  When I got here in December of

        10       1965 at the organization luncheon that I hadn't

        11       taken office yet, I was told that we were going

        12       to have reapportionment, one man, one vote,

        13       1964, and we were going to have new districts

        14       and I was going to be put in with an incumbent.

        15       You talk about the tide ebbing and flowing.  It

        16       was ebbing, my friends, for me and I would not

        17       be here today if I had not been put in a

        18       district where I was with Joe Bruno and him

        19       supporting me in 1966 and making it possible for

        20       me to serve.  I left it out inadvertently last

        21       year, and I say it heartfelt this year.

        22                      I said a number of things two

        23       years ago that I did include obviously, and I

        24       said that we had a leader who did know how to

        25       work, that came from a working family, who came







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         1       here with his values, had been successful in

         2       business, had done well in whatever he'd done.

         3       He'd been president of his Young -- he'd been

         4       president of the New York State Young

         5       Republicans, the New York State JCs.  I've been

         6       in business with him, I've been on his board in

         7       a public corporation, but I said he would do the

         8       job, and I said he would do it well and, my

         9       friends, I mentioned de Tocqueville, he quotes

        10       or he mentions in his writings "the habit" and I

        11       said, the habit he was talking about was the

        12       habit of taking responsibility for one's actions

        13       and if people do not do that, then we will not

        14       have self-government, and Joe Bruno does take

        15       the responsibility and he is -- he is a leader.

        16                      I said he'd be a valuable partner

        17       to our new Governor, and he has been and they

        18       both have done such a tremendous job.  Just for

        19       example, losing 500,000 jobs the last ten years

        20       before the last two years, now gaining over

        21       100,000, and I could go on and on, what's been

        22       done in the partnership with Joe Bruno and

        23       George Pataki.

        24                      This is probably the most

        25       important thing I did say, and I'll say it







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         1       again.  He came here at a relatively older age.

         2       He's got younger as you can see, but he

         3       established his values.  He knew what he stood

         4       for, and he had his own parameters and he spoke

         5       out.  He meant what he said.  Nothing was

         6       personal, but he had these values and, as I say,

         7       he stood for something and he did it at times at

         8       personal and political sacrifice, but that's why

         9       he's where he is today.  He's done such a

        10       tremendous job.

        11                      I mentioned Dante last year, who

        12       said, quote, Those who were loathe from living

        13       to be either blamed or praised, close quote and

        14       then he suggested that they deserve worse than

        15       the lowest depths.  But this gentleman takes a

        16       position, he stands there, he leads, he takes

        17       the consequences and he's always there and every

        18       one of us in the state of New York is better for

        19       Joseph L. Bruno, and I hereby support and

        20       nominate this gentleman for 1997-98 President

        21       Pro Tem, Majority Leader of the New York State

        22       Senate.

        23                      Thank you.  (Applause)

        24                      THE PRESIDENT:  Thank you,

        25       Senator Stafford.







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         1                      The question is on the

         2       resolution.  All those in favor signify by

         3       saying aye.

         4                      (Response of "Aye.")

         5                      Opposed nay.

         6                      (Response of "Nay." )

         7                      THE PRESIDENT:  The resolution is

         8       adopted, and the Chair states for the record

         9       that Senator Joseph L. Bruno has been elected

        10       Temporary President of the Senate for the years

        11       1997 to 1998.  Senator Bruno, I'd like to

        12       administer the oath of office.

        13                      Raise your right hand.  Do you

        14       solemnly swear to support the Constitution of

        15       the United States of America, the Constitution

        16       of the state of New York and faithfully

        17       discharge the duties of the office of Temporary

        18       President of the Senate of the state of New York

        19       to the best of your ability?

        20                      SENATOR BRUNO:  I do.

        21                      THE PRESIDENT:  Congratulations.

        22       You are now the Temporary President.

        23                      (Standing ovation. )

        24                      THE PRESIDENT:  Senator Bruno.

        25                      SENATOR BRUNO:  Madam President,







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         1       Bishop Hubbard, my colleagues here in the

         2       Senate: A special word of thanks to Senator Ron

         3       Stafford for the very, very kind and generous

         4       words, and Ron and I do go back a lot more years

         5       than he can remember.  He demonstrated that

         6       here; but he does say the nicest things and he

         7       does the best things on behalf of his

         8       constituency and the people of this state.  And,

         9       Ron, I thank you very much for your support and

        10       for your friendship that we have had over the

        11       years.

        12                      I also want to thank Senator Gold

        13       for indicating and proving in this environment

        14       that we are truly a body that deliberates and

        15       anyone can say anything they please and they

        16       don't have to be right.  (Laughter).

        17                      And I want to say a special word

        18       of congratulations to my colleague, my really

        19       friend, Senator Marty Connor, newly elected

        20       Minority Leader.  I want to wish him well, and I

        21       want to make a commitment to him that we will do

        22       our best to keep him in that position over the

        23       years.

        24                      We have spent the last two years,

        25       many of us, together. We have some new additions







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         1       to the house, and I want to congratulate Senator

         2       Ray Meier, who is here from Utica (applause),

         3       and next to him Senator Neil Breslin from Albany

         4       (applause) and Senator Vincent Gentile from

         5       Brooklyn (applause), who joined us here, Olga,

         6       and David Rosado is also here from the Bronx and

         7       John Sampson, we have met before, from

         8       Brooklyn.  Thank you.  Thank you.

         9                      In the last two years, those of

        10       us who were here did a lot of great things on

        11       behalf of the people of this state, spent two

        12       years together.  We can be proud of the things

        13       that we did together, and we do things together

        14       whatever side of the aisle that we're on because

        15       we really do nothing unless we do it together.

        16       We changed the way we function in this chamber

        17       over the last two years.  We're more efficient;

        18       we're more professional.  We're more business

        19       like.  I believe we're much more productive than

        20       we have ever been here in this chamber, and we

        21       started -- Ron mentioned that we cut back since

        22       we did a lot of good things in partnership with

        23       our great Governor George Pataki.  We're going

        24       to hear a message from the Governor very

        25       shortly, a message that will look us forward and







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         1       take us forward, and we will be proud to partner

         2       with him in continuing the good work that we are

         3       doing on behalf of the people of this state.

         4                      We have some issues that will

         5       come before us this year, and they are going to

         6       be difficult issues and, Bishop Hubbard, you

         7       said it right and we need God's prayers and we

         8       need people's support and we need their prayers

         9       because, while we will have differences of opin

        10       ion, all of us in this chamber are well inten

        11       tioned.  We're trying to do what's right on be

        12       half of the people in this state and our

        13       constituencies.

        14                      None of us in this chamber are

        15       trying to hurt anybody in this state.  We are

        16       working to try and improve the quality of life

        17       for all New Yorkers, all New Yorkers, and we

        18       will do that in conjunction with the Assembly,

        19       with the Governor as we go forward.  We do have

        20       some difficult issues, and I'm going to appeal

        21       to my colleagues here, in the other house, to

        22       the leadership, to the Governor, that we engage

        23       in the debate on these issues sooner rather than

        24       later, in January and in February and in March,

        25       so that we can strive to resolve our differences







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         1       and go forward with a budget on time on April

         2       1st, and some of the most difficult issues that

         3       we have to deal with, in welfare reform and

         4       budget reform and property tax reform, energy

         5       costs that are still too high, just to name a

         6       few.

         7                      We can resolve our differences

         8       and we can resolve them in February and in March

         9       and I've said this before, and I will keep

        10       saying it.  There isn't anything that we can't

        11       agree on by April 1st that we can agree on in

        12       July, August, September, as long as anyone wants

        13       to stay here, but this process is one that we

        14       cannot come to a positive conclusion with a

        15       budget or with any other important matters

        16       unless we have the Assembly and the Senate

        17       functioning together.

        18                      So my pledge to all of you here

        19       and to the people of this state is that we will

        20       do our best to discuss the issues, debate the

        21       issues, do it honestly, do it openly and sooner

        22       rather than later, so that we can get on with

        23       our business in serving the constituency of this

        24       state, and I am proud to be a partner with our

        25       Governor George Pataki.







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         1                      He has provided the leadership in

         2       these last two years that has turned this state

         3       around.  We're looking upward, we're looking

         4       forward, and we're looking into the 21st Century

         5       with great optimism, and I look forward to the

         6       next two years in working in conjunction with

         7       this Governor and with you in serving your

         8       constituency and mine and all the people of this

         9       state.

        10                      So I can't say thank you enough

        11       to my colleagues who helped me in the leadership

        12       roles:  Senator Dean Skelos, who is my deputy

        13       here and who sits in the chamber, and certainly

        14       Ron Stafford who takes the responsibility, and

        15       Senator Owen Johnson, a lot of the people that

        16       have taken leadership positions with me,

        17       Senators Velella and Spano and Libous, and I'm

        18       remiss in that I will miss some and be in

        19       trouble, but I want to say thank you for the

        20       trust, for the confidence and the support that

        21       you give me, and we will need your continuous

        22       faith and prayers and support as we go forward

        23       over these next two years to serve our mutual

        24       constituency.

        25                      Thank you very much.







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         1                      (Applause)

         2                      THE PRESIDENT:  Thank you,

         3       Senator Bruno.

         4                      I would also like to acknowledge

         5       that we have received a communication from the

         6       Senate Democratic Conference which I will read:

         7       It is with great pleasure that the members of

         8       the Senate Democratic Conference inform you that

         9       Senator Martin Connor was elected on December

        10       3rd, 1996 as Minority Leader of the state Senate

        11       and request that this communication be entered

        12       into the Journal of Wednesday, January 8, 1997.

        13                      (Applause)

        14                      Senator Connor.

        15                      SENATOR CONNOR:  Thank you, Madam

        16       President.

        17                      Madam President, Bishop Hubbard,

        18       first my congratulations to my friend and

        19       colleague, Senator Bruno, with whom I have

        20       disagreed many times and who has disagreed with

        21       me many times without ever either of us being

        22       disagreeable, and I think that's important to

        23       remember as we go forward in this session and

        24       face so many contentious issues.

        25                      Senator Gold, thank you for your







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         1       gracious remarks and your efforts and I know,

         2       Madam President with her acute sense of hearing,

         3       recognized that there were more Ayes for that

         4       substitute resolution and less Noes than when we

         5       did it all two years ago.

         6                      In that context, I do want to

         7       join in welcoming the new members on our side,

         8       Senator Breslin and Senator Gentile, Senator

         9       Sampson and Senator Rosado, and also to Senator

        10       Meier who joins us on the other side of the

        11       aisle.

        12                      Madam President, I think it's

        13       important that we always remember that we're

        14       here to do the people's business and that most

        15       of our citizens really don't think there's a

        16       Republican or a Democratic way to solve our

        17       problems and they send us here in faith, each of

        18       us as an individual representing a constituency

        19       and that we will reason together, argue together

        20       and hopefully arrive at a reasonable solution to

        21       all the problems we face.

        22                      If there's anything I've observed

        23       in the years I've been here, and I don't go back

        24       as far as Senator Stafford when, in 1965, I was

        25       I think a Sophomore in college -- I'm sorry







                                                              24

         1       about that, Ron -- but I have been here a number

         2       of years, and there has been a tendency

         3       regrettably -- and I don't lay blame on any

         4       particular individual, him or perhaps either

         5       house or -- or institution of government,

         6       whether it be executive or legislative -- but

         7       there has been a general tendency, in my

         8       opinion, to over-politicize on partisan bases,

         9       many, many issues.  Indeed some months it seems

        10       like every issue is a partisan issue and, if a

        11       Democrat says yes, the Republicans have to say

        12       no, and vice versa, and that's not good for the

        13       commonweal, and it's not good for us as

        14       colleagues, and it's not good for this

        15       institution we all serve and love because it's

        16       the people's institution and it doesn't belong

        17       to any one political party any more than good

        18       ideas belong to any one political party, and I

        19       would ask us sometimes when we are tempted to

        20       take that big step forward and run to the

        21       partisan barricade, so to speak, that we step

        22       back a little bit and think what's the problem

        23       with giving someone in the other party credit

        24       for a good idea?  What's the problem with

        25       treating a colleague with respect? We are all







                                                              25

         1       elected by approximately the same number of

         2       constituents all of whom have the right to be

         3       respected in their choice and, if they chose a

         4       colleague that you don't like because it's not

         5       from your party, that's no reason to disrespect

         6       that choice that the voters made.

         7                      In that spirit, I pledge to all

         8       of you, certainly my colleagues in the

         9       Democratic Conference who I all thank for your

        10       faith and trust once again in me, but to all of

        11       you, that we shall attempt to go forward on that

        12       basis.  That doesn't mean, Madam President, we

        13       shall not have philosophical differences; we

        14       shall not disagree about priorities or

        15       solutions.  We have in the past and I expect we

        16       will continue to, and we will argue that out

        17       hopefully, though, in a framework in this body,

        18       in a framework of collegiality and respect for

        19       divergent and different views.

        20                      Senator Bruno talked about some

        21       issues coming up.  I once again say on behalf of

        22       this Conference, we have our priorities.  We

        23       have values which we respect -- jobs, justice

        24       and the future.

        25                      That means education is a







                                                              26

         1       priority to the future of our state and for its

         2       economic health in the future as well as the

         3       well-being of those who will be our adult

         4       citizens in the near future.

         5                      That means respect for those

         6       elderly and those who require a quality health

         7       care system, that we uphold that.  That's a

         8       value.  That's a New York value.  That's an

         9       American value.  That also means that we work

        10       together to create jobs, good jobs with health

        11       insurance, with benefits and, while some steps

        12       have been taken on a bipartisan basis to bring

        13       that about, we have in the past differed about

        14       the best way to cut taxes -- cut taxes.

        15                      We, in this body, have offered

        16       alternatives to suggestions you have made.  We

        17       are happy to see the focus now on local taxes,

        18       property taxes, because we have identified and

        19       argued for the past several years that local

        20       property taxes were the biggest deterrent to

        21       business growth in New York and the biggest

        22       injustice to our citizens who had to pay those

        23       taxes.

        24                      And when we talk about jobs, we

        25       give credit where credit is due.  In Governor







                                                              27

         1       Pataki's first months, New York State experi

         2       enced a 1.8 percent growth in jobs.  Over

         3       118,000 new jobs were created, and we applaud

         4       that.  We regret that it doesn't measure up to

         5       the prior 22 months before Governor Pataki

         6       became governor, when New York created 156,000

         7       new jobs out at a 2.2 percent growth rate.

         8                      So we're ready to work with the

         9       Governor, Majority in this house and whatever.

        10       We think some of our ideas are better and we

        11       look at hopefully encouraging you to join us in

        12       some programs that will get us back to that 2.2

        13       percent job growth because the last 22 months

        14       haven't been as bad as a loss, have been

        15       "better", as they say, "than a sharp stick in

        16       the eye" but they haven't measured up to our

        17       past experience.

        18                      So with that said, Madam

        19       President, I look forward to a year where in the

        20       spirit of cooperation, we do advance solutions

        21       and programs to meet some of our common goals.

        22                      Thank you very much.

        23                      (Applause)

        24                      THE PRESIDENT:  Thank you,

        25       Senator Connor.







                                                              28

         1                      Senator Bruno.

         2                      SENATOR BRUNO:  Madam President,

         3       we're handing up a resolution and ask that it be

         4       passed immediately.

         5                      THE PRESIDENT:  The Secretary

         6       will read it.

         7                      THE SECRETARY:  By Senator Bruno,

         8       Senate Resolution that Stephen F. Sloan, of

         9       Guilderland, New York, be and hereby is elected

        10       Secretary of the Senate for the years 1997

        11       through 1998.

        12                      THE PRESIDENT:  The question is

        13       on the resolution.  All those in favor signify

        14       by saying aye.

        15                      (Response of "Aye.")

        16                      Opposed nay.

        17                      (There was no response. )

        18                      The resolution is adopted, and

        19       the Chair states for the record that Stephen F.

        20       Sloan has been elected Secretary of the Senate

        21       for the years 1997 to 1998, and it's my pleasure

        22       to administer the oath of office to him.

        23                      Do you solemnly swear to support

        24       the Constitution of the United States and the

        25       Constitution of the state of New York and







                                                              29

         1       faithfully discharge the duties of the office of

         2       Secretary of the Senate of the state of New

         3       York, to the best of your ability?

         4                      MR. SLOAN:  I do.

         5                      THE PRESIDENT:  Our Secretary,

         6       ladies and gentlemen.

         7                      (Applause)

         8                      SENATOR BRUNO:  Madam President,

         9       we hand up another resolution, ask that you read

        10       the title and that we move its immediate

        11       passage.

        12                      THE PRESIDENT:  The Secretary

        13       will read.

        14                      THE SECRETARY:  By Senator Bruno,

        15       Senate Resolution that Pauline E. Williman be

        16       and hereby is elected the Official Stenographer

        17       of the Senate for the years 1997 through 1998.

        18                      THE PRESIDENT:  On the

        19       resolution, all in favor please signify by

        20       saying aye.

        21                      (Response of "Aye.")

        22                      Opposed nay.

        23                      (There was no response. )

        24                      The resolution is adopted.

        25       Congratulations, Miss Williman.







                                                              30

         1                      (Applause)

         2                      SENATOR BRUNO:  Madam President,

         3       I hand up another resolution, ask that the title

         4       be read and move for its immediate adoption.

         5                      THE PRESIDENT:  The Secretary

         6       will read.

         7                      THE SECRETARY:  By Senator Bruno,

         8       Senate Resolution that John P. Everhardt be and

         9       hereby is elected Sergeant-at-Arms Emeritus of

        10       the Senate for the years 1997 through 1998 and

        11       that William C. Martin be and hereby is elected

        12       Sergeant-at-Arms of the Senate for the years

        13       1997 through 1998.

        14                      THE PRESIDENT:  The question is

        15       on the resolution.  All in favor signify by

        16       saying aye.

        17                      (Response of "Aye.")

        18                      Opposed nay.

        19                      (There was no response. )

        20                      The resolution is adopted.

        21       Congratulations, Mr. Everhardt and Mr. Martin.

        22                      (Applause)

        23                      Senator Bruno.

        24                      SENATOR BRUNO:  Madam President,

        25       we now hand up a concurrent resolution and ask







                                                              31

         1       that it be immediately adopted.

         2                      THE PRESIDENT:  The Secretary

         3       will read.

         4                      THE SECRETARY:  The Assembly sent

         5       for concurrence Assembly Concurrent Resolution

         6       Number 7.  Senator Bruno moves to substitute

         7       Assembly Concurrent Resolution Number 7.

         8                      THE PRESIDENT:  The question is

         9       on the resolution.  All in favor signify by

        10       saying aye.

        11                      Oh, is there a substitution

        12       ordered?  The substitution is ordered.  The

        13       Secretary will read the title, please.

        14                      THE SECRETARY:  Assembly

        15       Resolution Number 7, Concurrent Resolution with

        16       the Senate and Assembly, providing for a joint

        17       assembly for the purpose of receiving a message

        18       from the Governor at 1:00 p.m. today.

        19                      THE PRESIDENT:  On the

        20       resolution, all in favor signify by saying aye.

        21                      (Response of "Aye.")

        22                      Those opposed nay.

        23                      (There was no response. )

        24                      The resolution is adopted.

        25                      Senator Bruno.







                                                              32

         1                      SENATOR BRUNO:  Madam President,

         2       we offer up another resolution, ask you to read

         3       its title and move for its immediate adoption.

         4                      THE PRESIDENT:  The Secretary

         5       will read.

         6                      THE SECRETARY:  By Senator Bruno,

         7       Senate Resolution:  Resolved that the President

         8       appoint a committee of two to inform the

         9       Governor of the election of Joseph L. Bruno as

        10       Temporary President of the Senate for the years

        11       1997 through 1998 and that the Senate is

        12       organized and ready to proceed with business and

        13       will meet with the Assembly in the Assembly

        14       Chamber at 1:00 p.m., to receive the Governor's

        15       message.

        16                      THE PRESIDENT:  The question is

        17       on the resolution.  All in favor signify by

        18       saying aye.

        19                      (Response of "Aye.")

        20                      Those opposed nay.

        21                      (There was no response. )

        22                      The resolution is adopted.  The

        23       Chair appoints Senators Nozzolio and Breslin to

        24       wait upon the Governor for the purpose of

        25       notifying him that the Senate is ready to







                                                              33

         1       proceed.

         2                      Senator Bruno.

         3                      SENATOR BRUNO:  And Madam

         4       President, we hand up another resolution, ask

         5       you to read its title and move for its immediate

         6       adoption.

         7                      THE PRESIDENT:  The Secretary

         8       will read.

         9                      THE SECRETARY:  By Senator Bruno,

        10       Senate Resolution:  Resolved that the President

        11       appoint a committee of two to wait upon the

        12       Assembly and inform that body of the election of

        13       Joseph L. Bruno as Temporary President of the

        14       Senate for the years 1997 through 1998, and that

        15       the Senate is organized and ready to proceed

        16       with business and will meet jointly with the

        17       Assembly in the Assembly Chamber at 1:00 p.m. to

        18       receive the Governor's message.

        19                      THE PRESIDENT:  The question is

        20       on the resolution.  All those in favor signify

        21       by saying aye.

        22                      (Response of "Aye.")

        23                      Opposed nay.

        24                      (There was no response. )

        25                      The resolution is adopted.  Chair







                                                              34

         1       appoints Senators Larkin and Gentile to wait

         2       upon the Assembly -- to wait upon the Assembly?

         3        -- to wait upon the Governor and inform that

         4       the Senate is ready to proceed.

         5                      Senator Bruno.

         6                      SENATOR BRUNO:  Madam President,

         7       I believe we are joined by Assemblymen Farrell

         8       and Faso, and I believe they have a message from

         9       the Assembly.

        10                      ASSEMBLYMAN FASO:  Madam

        11       President, for the Assembly, this is Assemblyman

        12       Faso, and Assemblyman Farrell to inform the

        13       Senate that we have elected the Honorable

        14       Sheldon Silver, Speaker, and that we stand ready

        15       to wait upon the Senate in joint session with

        16       the Governor.

        17                      THE PRESIDENT:  Senator Bruno.

        18                      SENATOR BRUNO:  And Madam

        19       President, we will offer up another resolution,

        20       ask that the title be read and move for its

        21       immediate adoption.

        22                      THE PRESIDENT:  The Secretary

        23       will read.

        24                      THE SECRETARY:  By Senator Bruno,

        25       Senate Resolution providing the rules of the







                                                              35

         1       Senate for the years 1996 as last amended be

         2       adopted as the rules of the Senate for the years

         3       1997 through 1998.

         4                      THE PRESIDENT:  The question is

         5       on the resolution.

         6                      SENATOR CONNOR:  Madam

         7       President.  Madam President, with the

         8       understanding that the Minority could at this

         9       time offer amendments to, we believe, improve

        10       these rules, because of the exigencies of today,

        11       the time exigencies, we just -- we consent to

        12       this with the usual understanding that at a

        13       later date the Minority may offer amendments to

        14       these rules for consideration.

        15                      THE PRESIDENT:  Thank you,

        16       Senator Connor.

        17                      The question is on the

        18       resolution.  All those in favor signify by

        19       saying aye.

        20                      (Response of "Aye.")

        21                      Opposed nay.

        22                      (There was no response. )

        23                      The resolution is adopted.

        24                      Senator Bruno.

        25                      SENATOR BRUNO:  Madam President,







                                                              36

         1       we have another resolution, and we would ask

         2       that we move for its immediate adoption.

         3                      THE PRESIDENT:  The Secretary

         4       will read.

         5                      THE SECRETARY:  By Senator Bruno,

         6       Senate Resolution providing for the hours of

         7       meeting by the Senate for the years 1997 through

         8       1998.

         9                      THE PRESIDENT:  The question is

        10       on the resolution.  All those in favor signify

        11       by saying aye.

        12                      (Response of "Aye.")

        13                      Opposed nay.

        14                      (There was no response. )

        15                      The resolution is adopted.

        16                      SENATOR BRUNO:  And Madam

        17       President, I believe we have a privileged

        18       resolution by Senator Seward.  I would ask that

        19       the title be read and move for its immediate

        20       adoption.

        21                      THE PRESIDENT:  The Secretary

        22       will read.

        23                      THE SECRETARY:  By Senator

        24       Seward, Legislative Resolution honoring Anne

        25       Eves upon the occasion of her retirement as







                                                              37

         1       Commissioner of the Cortland County Board of

         2       Elections.

         3                      THE PRESIDENT:  The question is

         4       on the resolution.  All those in favor signify

         5       by saying aye.

         6                      (Response of "Aye.")

         7                      Opposed nay.

         8                      (There was no response. )

         9                      The resolution is adopted.

        10                      SENATOR BRUNO:  And I believe,

        11       Madam President, that I have a privileged

        12       resolution at the desk.  Ask that the title be

        13       read and move for its immediate adoption.

        14                      THE PRESIDENT:  The Secretary

        15       will read.

        16                      THE SECRETARY:  By Senator Bruno,

        17       Legislative Resolution congratulating the

        18       Waterford High Boys Soccer Team and Coach

        19       Patrick Udeh upon the occasion of their captur

        20       ing the New York State Class D Championship.

        21                      THE PRESIDENT:  The question is

        22       on the resolution.  All those in favor please

        23       signify by saying aye.

        24                      (Response of "Aye.")

        25                      Opposed nay.







                                                              38

         1                      (There was no response. )

         2                      The resolution is adopted.

         3                      SENATOR BRUNO:  And, Madam

         4       President, our work being done for this day and

         5       our organizational and procedural which have

         6       been adopted, I would now recommend that we move

         7       to the Assembly Chambers where we will hear the

         8       State of the State from our esteemed Governor

         9       George Pataki at 1:00 p.m. sharp, and I would

        10       move at this time that we adjourn until January

        11       13, Monday, at 3:00 p.m., intervening days to be

        12       legislative days.

        13                      THE PRESIDENT:  The Senate will

        14       now proceed to the Assembly Chamber for the

        15       Governor's message, after which the Senate

        16       stands adjourned until Monday, January 13th, at

        17       3:00 p.m., intervening days to be legislative

        18       days.

        19                      (Whereupon at 12:50 p.m., the

        20       Senate adjourned. )

        21

        22

        23

        24

        25