Regular Session - January 7, 1998

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                               ALBANY, NEW YORK

                              January 7, 1998

                               12:15 p.m.





                            REGULAR SESSION







               LT. GOVERNOR BETSY McCAUGHEY ROSS, President

               STEVEN M. BOGGESS, Secretary













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                               P R O C E E D I N G S

                               THE PRESIDENT:  The Senate will

                come to order.

                               Would you please rise and join

                with me again in pledging allegiance.

                               (The assemblage repeated the

                Pledge of Allegiance to the Flag.)

                             RIGHT REVEREND DAVID S. BALL:

               Let us pray.

                              Almighty God, You will that we

               live together in justice, compassion and

               peace.  Bless the people of this state of New

               York in our common life together.  We pray for

               legislative session.  Give them wisdom,

               courage and integrity of purpose.  May they

               remember that they are Your servants and the

               servants of the people.

                              We pray for Your healing gifts

               on John Marchi, his wife and driver.  Bless







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                them, God, and bless us all in Your mercy.  In

                Your holy name, we pray.  Amen.

                               THE PRESIDENT:  Amen.

                               The Secretary will call the

                roll to ascertain a quorum.

                               THE SECRETARY:  Senator Abate.

                               (There was no audible

                response.)

                               Senator Alesi.

                              (There was no audible

               response.)

                              Senator Balboni.

                              SENATOR BALBONI:  Here.

                              THE SECRETARY:  Senator

               Breslin.

                              (There was no audible

               response.)

                              Senator Bruno.

                              (There was no audible

               response.)

                              Senator Connor.

                              SENATOR CONNOR:  Here.

                              THE SECRETARY:  Senator Cook.

                              SENATOR COOK:  Here.

                              THE SECRETARY:  Senator







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               DeFrancisco.

                              SENATOR DeFRANCISCO:  Here.

                              THE SECRETARY:  Senator

                Dollinger.

                               SENATOR DOLLINGER: Here.

                               THE SECRETARY: Senator Farley.

                               SENATOR FARLEY:  Here.

                               THE SECRETARY: Senator Gentile.

                               SENATOR GENTILE:  Here.

                              THE SECRETARY:  Senator Gold.

                              (There was no audible

               response.)

                              Senator Gonzalez.

                                SENATOR GONZALEZ:  Here.

                              THE SECRETARY:  Senator

               Goodman.

                              (There was no audible

               response. )

                              Senator Hannon.

                              (There was no audible

               response. )

                              Senator Hoffmann.

                              (There was no response. )

                              Senator Holland.

                              SENATOR HOLLAND:  Here.







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                               THE SECRETARY:  Senator

                Johnson.

                               SENATOR JOHNSON:  Here.

                               THE SECRETARY:  Senator

                Kruger.

                               SENATOR KRUGER:  Here.

                               THE SECRETARY:  Senator Kuhl.

                               (There was no audible

                response.)

                              Senator Lachman.

                              SENATOR LACHMAN:  Present.

                              THE SECRETARY:  Senator Lack.

                              SENATOR LACK:  Here.

                              THE SECRETARY:  Senator

               Larkin.

                              SENATOR LARKIN:  Here.

                              THE SECRETARY:  Senator

               LaValle.

                              SENATOR LAVALLE:  Here.

                              THE SECRETARY:  Senator

               Leibell.

                              SENATOR LEIBELL:  Here.

                              THE SECRETARY:  Senator

               Leichter.

                              (There was no audible







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                response. )

                               Senator Levy.

                               (There was no audible

                response.)

                               Senator Libous.

                               SENATOR LIBOUS:  Here.

                               THE SECRETARY:  Senator

                Maltese.

                               (There was no audible

                response.)

                              Senator Marcellino.

                              SENATOR MARCELLINO:  Here.

                              THE SECRETARY:  Senator

               Marchi.

                              (There was no response.)

                              Senator Markowitz.

                              SENATOR MARKOWITZ:  Here.

                              THE SECRETARY:  Senator

               Maziarz.

                              SENATOR MAZIARZ:  Here.

                              THE SECRETARY:  Senator Meier.

                              SENATOR MEIER:  Here.

                              THE SECRETARY:  Senator Mendez,

               here.

                              Senator Montgomery.







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                              SENATOR MONTGOMERY:  Here.

                               THE SECRETARY:  Senator

                Nanula.

                               (There was no audible

                response.)

                               Senator Nozzolio.

                               SENATOR NOZZOLIO:  Here.

                               THE SECRETARY:  Senator

                Onorato.

                              SENATOR ONORATO:  Here.

                              THE SECRETARY:  Senator

                Oppenheimer.

                              SENATOR OPPENHEIMER:  Here.

                              THE PRESIDENT:  Senator Bruno,

                a quorum is present.

                              The Chair hands down a

                communication from the Governor.  The

                Secretary will read.

                              THE SECRETARY:  Dear Ms.

               President:  I would appreciate the privilege

               of appearing before your honorable bodies in

               joint session on January 7, 1998 at 1:00 p.m.,

               or as soon thereafter as may be convenient, to

               personally deliver my annual Message to the

               Legislature.







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                              Sincerely, George E. Pataki.

                               THE PRESIDENT:  To be filed in

                the Journal.

                               The Chair recognizes

                Assemblymen Farrell and Faso.

                               ASSEMBLYMAN FASO:  Madam

                President, Mr. Farrell and I have come from

                the Assembly to inform you that the Assembly

                is organized and ready to meet in joint

               session with the Senate today.

                              THE PRESIDENT:  Thank you.

                              Senator Bruno.

                              SENATOR BRUNO:  Madam

               President, can we at this time take up

               Resolution Number 2247, read its title and

               move for its immediate passage.

                              THE PRESIDENT:  The Secretary

               will read.

                              THE SECRETARY:  By Senator

               Bruno, Senate Resolution, that Steven M.

               Boggess of Sand Lake, New York, be and he

               hereby is elected Secretary of the Senate for

               the year 1998.

                              THE PRESIDENT:  The question is

               on the resolution.  All in favor please







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                signify by saying aye.

                               (Response of "Aye.")

                               Opposed nay.

                               SENATOR CONNOR:  Excuse me,

                Madam President.

                               SENATOR BRUNO:  Mr. Boggess.

                               THE PRESIDENT:  Very good,

                Senator Connor.

                               The resolution is adopted, and

               Steven M. Boggess has been elected Secretary

               of the Senate for the year 1998.

                              Senator Bruno.

                              (Applause)

                              Senator Bruno will administer

               the oath of office.

                              SENATOR BRUNO:  Madam

               President, thank you, and it is my pleasure to

               administer the oath to my friend and to a lot

               of you, and we had indicated for everyone

               in the chamber that we will not make any

               speeches today because we're not here for that

               purpose.

                              If you would repeat after me.

               I, Steven M. Boggess, do solemnly swear that I

               will support the Constitution of the United







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                States, the Constitution of the state of New

                York, and that I will faithfully discharge the

                duties of the office of the Secretary of the

                Senate, according to the best of my ability,

                so help me God.

                               Congratulations, and may I

                introduce the Secretary of the Senate.

                               (Standing applause)

                               THE PRESIDENT:  Ladies and

               gentlemen, the Secretary of the Senate.

                              Senator Bruno.

                              SENATOR BRUNO:  Madam

               President, can we at this time take up

               Resolution Number 2209, read its title and

               move for its immediate adoption.

                              THE PRESIDENT:  The Secretary

               will read.

                              THE SECRETARY:  By Senator

               Bruno, Concurrent Resolution of the Senate and

               Assembly:  Resolved that the Senate and

               Assembly meet in joint assembly in the

               Assembly Chamber at 1:00 p.m. today for the

               purpose of receiving a message of the

               Governor.

                              The Assembly sends for







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                concurrence the identical Resolution Number

                1397.

                               THE PRESIDENT:  The Assembly

                resolution will be substituted.

                               On the resolution, all those in

                favor please signify by saying aye.

                               (Response of "Aye.")

                               Opposed nay.

                               (There was no response. )

                              The resolution is adopted.

               Senator Bruno.

                              SENATOR BRUNO:  Madam

               President, can we at this time, take

               Resolution Number 2210, read its title and

               move for its immediate adoption.

                              THE PRESIDENT:  The Secretary

               will read.

                              THE SECRETARY:  By Senator

               Bruno, Senate Resolution:  Resolved that a

               committee of two be appointed by Senator Bruno

               to inform the Governor that the Senate has

               adjourned its 220th session sine die and has

               again convened and is organized and ready to

               proceed to business and will meet with the

               Assembly in joint session in the Assembly







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                Chamber at 1:00 o'clock p.m. today to receive

                the Governor's message.

                               THE PRESIDENT:  On the

                resolution, all those in favor please signify

                by saying aye.

                               (Response of "Aye.")

                               Opposed nay.

                               (There was no response. )

                               The resolution is adopted.

               Senator Bruno appoints Senator Velella and

               Senator Gentile to wait upon the Governor.

                              Senator Bruno.

                              SENATOR BRUNO:  Madam

               President, can we at this time take up

               Resolution Number 2211, read its title and

               move for its immediate adoption.

                              THE PRESIDENT:  The Secretary

               will read.

                              THE SECRETARY:  By Senator

               Bruno, Senate Resolution:  Resolved that a

               committee of two be appointed by Senator Bruno

               to inform the Assembly that the Senate has

               adjourned its 220th session sine die and is

               again convened and is organized and ready to

               proceed to business and will meet with the







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                Assembly in joint session in the Assembly

                Chamber at 1:00 o'clock p.m. today to receive

                the Governor's message.

                               THE PRESIDENT:  On the

                resolution, all in favor please signify by

                saying aye.

                               (Response of "Aye.")

                               Opposed nay.

                               (There was no response. )

                              The resolution is adopted.

               Senator Bruno appoints Senator Balboni and

               Senator Breslin to wait upon the Assembly.

                              Senator Bruno.

                              SENATOR BRUNO:  Madam

               President, having concluded our business for

               this day in this chamber, I would now suggest

               that we move to the Assembly Chamber where we

               will hear the Governor's State of the State

               message which will officially open our

               session; and there being no further business

               at this time to come before the Senate, I

               would wish you all a very Happy New Year and

               adjourn until January 12th, Monday, at 3:00

                p.m.

                              THE PRESIDENT:  On motion 







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                               SENATOR BRUNO:  Intervening

                days to be legislative days.

                               THE PRESIDENT:  On motion, the

                Senate stands adjourned until Monday, January

                12th at 3:00 p.m., the intervening days to be

                legislative days.

                               SENATOR BRUNO:  Thank you,

                Madam President.

                               (Whereupon at 12:25 p.m., the

                Senate adjourned.)