Regular Session - January 5, 2000
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 5, 2000
12:10 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, 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.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: The invocation
today will be given by the Right Reverend
Daniel W. Herzog, Bishop of the Episcopal
Diocese of Albany, New York.
BISHOP HERZOG: Eternal Father,
You entrust order and freedom and mercy to us.
We ask for Your grace not to pervert this
trust, but to regard the poor equal to the
powerful and to decide according to Your will
rather than some selfish way. So that at the
end, when we shall surely stand before You and
see the eyes of those we ruled, our
consciences may not be afraid.
To this end, protect these Senators
and their households and their staffs from all
evil, preserve them in all goodness, and bring
them to everlasting life. Amen.
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THE PRESIDENT: The Secretary
will call the roll to ascertain a quorum.
THE SECRETARY: Senator Alesi.
(Senator Alesi was recorded as
present.)
THE SECRETARY: Senator Balboni.
(Senator Balboni was recorded as
present.)
THE SECRETARY: Senator Bonacic.
(Senator Bonacic was recorded as
present.)
THE SECRETARY: Senator Breslin.
(Senator Breslin was recorded as
present.)
THE SECRETARY: Senator Bruno.
SENATOR BRUNO: Here.
THE SECRETARY: Senator Connor.
SENATOR CONNOR: Here.
THE SECRETARY: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Here.
THE SECRETARY: Senator
Dollinger.
SENATOR DOLLINGER: Present.
THE SECRETARY: Senator Duane.
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Senator Farley.
SENATOR FARLEY: Here.
THE SECRETARY: Senator
Fuschillo.
SENATOR FUSCHILLO: Here.
THE SECRETARY: Senator Gentile.
Senator Gonzalez.
Senator Goodman.
SENATOR GOODMAN: Here.
THE SECRETARY: Senator Hannon.
SENATOR HANNON: Here.
THE SECRETARY: Senator Hevesi.
Senator Hoffmann.
(Senator Hoffmann was recorded as
present.)
THE SECRETARY: Senator Johnson.
SENATOR JOHNSON: Here.
THE SECRETARY: Senator Kruger.
SENATOR KRUGER: Present.
THE SECRETARY: Senator Kuhl.
SENATOR KUHL: Present.
THE SECRETARY: Senator Lachman.
SENATOR LACHMAN: Present and
accounted for.
THE SECRETARY: Senator Lack.
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(Senator Lack was recorded as
present.)
THE SECRETARY: Senator Larkin.
THE SECRETARY: Senator LaValle.
(Senator LaValle was recorded as
present.)
THE SECRETARY: Senator Leibell.
(Senator Leibell was recorded as
present.)
THE SECRETARY: Senator Libous.
SENATOR LIBOUS: Here.
THE SECRETARY: Senator Maltese.
(Senator Maltese was recorded as
present.)
THE SECRETARY: Senator
Marcellino.
SENATOR MARCELLINO: Aye.
THE SECRETARY: Senator Marchi.
SENATOR MARCHI: Aye.
THE SECRETARY: Senator
Markowitz.
Senator Maziarz.
SENATOR MAZIARZ: Here.
THE SECRETARY: Senator McGee.
SENATOR McGEE: Here.
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THE SECRETARY: Senator Meier.
(Senator Meier was recorded as
present.)
THE SECRETARY: Senator Mendez.
(Senator Mendez was recorded as
present.)
THE SECRETARY: Senator
Montgomery.
Senator Morahan.
SENATOR MORAHAN: Here.
THE SECRETARY: Senator Nozzolio.
SENATOR NOZZOLIO: Present.
THE SECRETARY: Senator Onorato.
SENATOR ONORATO: Here.
THE SECRETARY: Senator
Oppenheimer.
Senator Padavan.
Senator Paterson.
(Senator Paterson was recorded as
present.)
THE SECRETARY: Senator Rath.
(Senator Rath was recorded as
present.)
THE PRESIDENT: Senator Bruno, a
quorum is present.
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The Chair hands down a
communication from the Governor. The
Secretary will read.
THE SECRETARY: "Dear Madam
President, I would appreciate the privilege of
appearing before your honorable bodies in
joint session on January 5, 2000, at 1 p.m.,
or as soon thereafter as may be convenient, to
personally deliver my annual message to the
Legislature.
"Sincerely, George E. Pataki."
THE PRESIDENT: To be filed in
the Journal.
Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President.
Madam President, I'd like to open
and wish you and my colleagues in the Senate
and everyone in the chamber a very happy new
year.
We are in a new millennium. We are
in a new century. We are in a new year, the
year of 2000. And we open today the 223rd
session of this Legislature. That's even
before Senator Marchi's time.
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(Laughter.)
SENATOR BRUNO: And it seems that
we hardly left. It seems that I have a vision
of being here just last week.
And we concluded last year's
session a few minutes ago. And we in this
chamber can be very proud of what we did last
year, including last week's Health Care Reform
Act dealing with HCRA, Medicaid, Family Health
Plus, including the budget that we did with
the substantial tax cuts for the people of
this state, increased amounts for education,
higher and secondary, and so many other good
things.
And we can look forward in the year
2000, now, to this session, to building on our
successes of last year and the previous years.
And we can be proud of our successes, as we
can be proud of Governor George Pataki and the
leadership that he has provided over the last
five years for us and the people of this
state. And we're proud that we have been able
to partner with him.
And I'm also very, very pleased
that we could partner with the Speaker in the
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Assembly, the Republican leader, John Faso,
all of the Assembly people, in doing some of
the most meaningful things on behalf of our
constituency in this state.
And the dialogue that we have and
the discussions that we have with our
colleagues on this side of the aisle -- and I
know I speak for the Republican Conference to
the Democratic Conference when I say that most
of the time we enjoy the dialogue and the
discussion. Occasionally you go on too long,
but we understand that. But you have a lot to
say and feel that you have a lot to do. And
we respect that, and I mean that.
And you're ably led by Senator
Connor, your leader, who represents your
interests as well as they can possibly be
represented. And we respect that. And we get
by whatever differences that we have.
And we have done some of the most
meaningful things together for the people of
this state. If you look back over the
decades, we can be proud of what we have done.
And we do it together, with the Governor, with
our colleagues on both sides of the aisle,
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with the Assembly, with the staff, with all
the input that we get.
We're going forward, and we are
going to continue that dialogue, we're going
to continue that relationship. And we are
recognizing that we are providing for the
people of this state not just increased health
care benefits, greater access to health care,
money for education and continuing education,
increased tax cuts -- you name it. Roads,
bridges, mass transit. Why? Because the
people of this state support us. They support
us in government, and they support us because
they depend on us to help them meet their
needs.
And we all can be proud of how we
have helped the people of this state meet
their needs. And we can look forward together
to continuing the economic prosperity, the
revitalization of New York State, and be proud
in the year 2000 that we are all part of the
Empire State.
Thank you, Madam President.
THE PRESIDENT: Thank you,
Senator.
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Senator Connor.
SENATOR CONNOR: Thank you, Madam
President.
Here we are starting a new session
in the final year of the last century, to be
accurate. Or the present century, I suppose.
But everyone says we're starting a new
century, so what the heck.
I would add to -- I appreciate that
Bishop Herzog prayed for all the Senators, for
all of us to be safe from all people. I also
pray that all people be safe from the Senate
and the Assembly of the State of New York.
Certainly in past history, upon reflection, we
haven't always legislated -- and of course,
hindsight is perfect, but it proves to be
later on perhaps we didn't always pass the
wisest legislation or the wisest budgets.
Although I do think we're making
progress. If imitation is the best form of
flattery, then we Senate Democrats are
delighted to accept the compliments from the
Governor, who's adopted Senator Dollinger's
plan to repeal the gross receipts tax,
starting with manufacturing, a proposal he
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brought to the floor for the last four years,
which the Majority voted down. I hope you
have a change of heart now that the Governor
is proposing it.
We absolutely are delighted with
the compliments we received from Senator
Bruno, who has adopted Senator Gentile's EPIC
eligibility plan, which Senator Gentile's held
hearings on, on expanding the eligibility.
We're delighted to see that.
And of course we're delighted that
the Assembly is now -- the Assembly Majority
now is going ahead to set up a task force on
air fares in New York State, something that
members of this Senate Minority have done a
lot of work on -- former Senator Abate started
with it, others have picked it up -- because
it really is important to the upstate economy,
which needs a lot of help.
And hopefully, working with people
on both sides of the aisle in both houses,
this year we will be able to address what has
remained for many, many New Yorkers who aren't
in the metropolitan area some rather strained
economic times and a lack of economic
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opportunity, even while the other half of the
state -- it's a tale of two cities, if you
will -- the other half of the state has had a
booming economy. Although I haven't checked
to see what the market's doing today;
yesterday wasn't so good.
The Senate Minority have our
priorities for the year 2000. They're not new
issues. They're things you've heard from us
before, about things you will hear again from
the Minority about, things you will have an
opportunity to voice your opinion on when you
vote on amendments and motions to discharge.
We must deal with the problem of
guns. We must ban semiautomatic weapons. We
have to adopt a series of get-tough measures
on people who misuse guns.
Health care reform, we did so, so
much in that bill last week, but we still have
the problem of HMOs. We have not afforded the
kind of protection our citizens want from the
bean-counter mentality that many HMOs impose
upon people from, in effect, medical care
decisions being made by nonprofessionals in
order to save money rather than to serve the
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best interests of the patients. We intend to
make that a priority.
Hate crimes is something that's out
there. I hope -- I hope -- there are no new
incidents or tragedies for us to point out to
you during the course of this session.
Because there have been far too many past
ones. And we have all -- we certainly have
all the examples of why we need strong
antibias violence legislation already. I hope
there are no new ones. I fear there will be
unless we take action on the antibias violence
bill.
And of course, education remains
our number-one priority. For the future of
this state, we have to fund education
adequately and we have to be innovative and
creative about where those dollars go.
So, Madam President, I look forward
to working with Senator Bruno and the members
of the Majority. I know I speak for my
colleagues on this side of the aisle when I
say that. I think it's going to be a
productive year, a busy year. And I think
it's an election year too, and that may have
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some effect on proceedings as we go on.
Thank you, Madam President.
THE PRESIDENT: Thank you,
Senator Connor.
Motions and resolutions.
Senator Bruno.
SENATOR BRUNO: Madam President,
the last word is not necessarily the best.
(Laughter.)
SENATOR BRUNO: I hereby give
written notice, according to Senate Rule 11,
that I will move to amend the rules in
relationship to the standards of conduct in
the Senate.
THE PRESIDENT: Notice will be
filed in the Journal.
Senator Connor.
SENATOR CONNOR: Madam President,
not having seen what rule Senator Bruno may be
offering, I similarly give notice of my
intention to move to alter the Senate rules on
January 10th, to amend the rules to add
provisions relating to the enactment of
ethical standards for members, officers, and
employees of the New York State Senate.
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And may I add, I trust -- I trust
that by next week perhaps we won't need to
have two competing motions, but perhaps one.
We'll talk about that.
Thank you, Madam President.
THE PRESIDENT: Notice will be
filed in the Journal.
Senator Bruno.
SENATOR BRUNO: Madam President,
I offer up the following resolution, ask that
it be read in its entirety, and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Bruno,
Concurrent Resolution Number 2675, of the
Senate and the Assembly, providing for a joint
assembly for the purpose of receiving a
message from the Governor.
"RESOLVED, if the Assembly concur,
that the Senate and Assembly meet in joint
assembly in the Assembly Chamber at 1 o'clock
p.m. today, for the purpose of receiving a
message from the Governor."
THE PRESIDENT: On the
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resolution, all those in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
I offer up another resolution, ask that it be
read, and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Bruno,
Senate Resolution 2676, notifying the Governor
of a joint session with the Assembly to
receive the Governor's message.
"RESOLVED, That a committee of two
be appointed by Senator Bruno to inform the
Governor that the Senate has adjourned its
222nd 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 Chamber at
1 o'clock p.m. today, to receive the
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Governor's message."
THE PRESIDENT: On the
resolution, all in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno appoints Senator
Fuschillo and Senator Duane to wait upon the
Governor.
Senator Bruno.
SENATOR BRUNO: Madam President,
I offer up another resolution, ask that it be
read, and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 2677, notifying the
Assembly of a joint session with the Assembly
to receive the Governor's message.
"RESOLVED, That a committee of two
be appointed by Senator Bruno to inform the
Assembly that the Senate has adjourned its
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222nd 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 Chamber at
1 o'clock p.m. today, to receive the
Governor's message."
THE PRESIDENT: On the
resolution, all in favor signify by saying.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno appoints Senator
Morahan and Senator Stavisky to wait upon the
Assembly.
Senator Bruno.
SENATOR BRUNO: Madam President,
if we could stand at ease for just a few
moments. We are awaiting a message from the
Assembly that they are organized, and they are
not as prepared, apparently, as we are.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
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ease at 12:27 p.m.)
(Whereupon, the Senate reconvened
at 12:36 p.m.)
THE PRESIDENT: The Senate will
come to order.
ASSEMBLYMAN FARRELL: Madam
President, I've been sent here by the Assembly
to -
THE PRESIDENT: The Senate Chair
recognizes Assemblymen Flanagan and Farrell.
ASSEMBLYMAN FARRELL: Thank you,
Madam President.
I have been sent here by the -- we
have been sent here by the Assembly to
announce that we have organized and we are
preparing and waiting upon you and the
Governor so he may deliver his State of the
State speech.
Thank you.
THE PRESIDENT: Thank you.
Senator Bruno.
SENATOR BRUNO: I thank the ably
capable Assemblymen for their welcome message.
And I would now recommend that we
in the Senate join our colleagues in the
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Assembly to receive the Governor's 223rd State
of the State message.
And there being no further business
to come before the Senate, I would move that
we stand adjourned until January 10th, 3 p.m.,
intervening days to be legislative days.
THE PRESIDENT: Thank you,
Senator Bruno.
On motion, the Senate stands
adjourned until Monday, January 10th, at
3 p.m., intervening days being legislative
days.
(Whereupon, at 12:39 p.m., the
Senate adjourned.)