Regular Session - January 3, 2001

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                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                              January 3, 2001

                                12:01 p.m.





                              REGULAR SESSION







                 LT. GOVERNOR MARY O. DONOHUE, President

                 STEVEN M. BOGGESS, Secretary



















                                                        2



                           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:    We are privileged

                 today to have with us to give the invocation

                 the Most Reverend Howard J. Hubbard, Bishop of

                 the Roman Catholic Diocese of Albany.

                            BISHOP HUBBARD:    Let us pray.

                            O faithful and eternal God, Lord of

                 all history and source of all of our authority

                 to direct and govern, we pray with the spirit

                 of hope and expectation for Your blessing upon

                 all gathered for this 2001 opening session of

                 the New York State Senate.

                            In that spirit of renewed hope, we

                 seek Your wisdom in the use of the talents and

                 diverse gifts with which You have blessed each

                 member of this body.  In a world which is

                 wounded by political upheaval, disunity,

                 unrest, homelessness, violence, substance







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                 abuse, and afflictions in various forms, we

                 need the courage and compassion to remedy

                 these wrongs and to alleviate the sufferings

                 of those oppressed and burdened by these

                 indignities.

                            Aware of our human frailties and of

                 the potential for weakening of our

                 resourcefulness, we ask Your enduring guidance

                 in all the determinations of this august body

                 during this new year, so that its members may

                 channel their considerable political skills in

                 an unwavering concern for the common good.

                            For all this we pray, O caring God

                 of all people, in Your sacred name, You who

                 live and reign both now and forever and ever.

                            Amen.

                            THE PRESIDENT:    The chair now

                 hands down a message from the State Board of

                 Elections, being the official certification of

                 the duly elected members of the Senate, and

                 directs that the same be filed.

                            So ordered.

                            I would like to ask if there are

                 any Senators present who have not yet taken

                 their oaths of office.







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                            (No response.)

                            THE PRESIDENT:    The Secretary

                 will call the roll to ascertain a quorum.

                            THE SECRETARY:    Senator Alesi.

                            SENATOR ALESI:    Here.

                            THE SECRETARY:    Senator Balboni.

                            SENATOR BALBONI:    Here.

                            THE SECRETARY:    Senator Bonacic.

                            SENATOR BONACIC:    Here.

                            THE SECRETARY:    Senator Breslin.

                            (No response.)

                            THE SECRETARY:    Senator Brown.

                            SENATOR BROWN:    Here.

                            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:    Here.

                            THE SECRETARY:    Senator Duane.

                            (No response.)







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                            THE SECRETARY:    Senator Espada.

                            SENATOR ESPADA:    Here.

                            THE SECRETARY:    Senator Farley.

                            SENATOR FARLEY:    Here.

                            THE SECRETARY:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Here.

                            THE SECRETARY:    Senator Gentile

                 excused.

                            Senator Gonzalez.

                            (No response.)

                            THE SECRETARY:    Senator Goodman.

                            SENATOR GOODMAN:    Here.

                            (Extended applause.)

                            THE SECRETARY:    Senator Hannon.

                            SENATOR HANNON:    Here.

                            THE SECRETARY:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Here.

                            THE SECRETARY:    Senator Hevesi.

                            (No response.)

                            THE SECRETARY:    Senator Hoffmann.

                            SENATOR HOFFMANN:    Here.

                            THE SECRETARY:    Senator Johnson.

                            SENATOR JOHNSON:    Here.







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                            THE SECRETARY:    Senator Kruger.

                            SENATOR KRUGER:    Here.

                            THE SECRETARY:    Senator Kuhl.

                            SENATOR KUHL:    Present.

                            THE SECRETARY:    Senator Lachman.

                            SENATOR LACHMAN:    Here.

                            THE SECRETARY:    Senator Lack.

                            SENATOR LACK:    Present.

                            THE SECRETARY:    Senator Larkin.

                            SENATOR LARKIN:    Present.

                            THE SECRETARY:    Senator LaValle.

                            SENATOR LAVALLE:    Here.

                            THE SECRETARY:    Senator Leibell.

                            SENATOR LEIBELL:    Present.

                            THE SECRETARY:    Senator Libous.

                            SENATOR LIBOUS:    Present.

                            THE SECRETARY:    Senator Maltese.

                            SENATOR MALTESE:    Present.

                            THE SECRETARY:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Present.

                            THE SECRETARY:    Senator Marchi

                 excused.

                            Senator Markowitz.

                            SENATOR MARKOWITZ:    Here.







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                            THE SECRETARY:    Senator Maziarz.

                            SENATOR MAZIARZ:    Here.

                            THE SECRETARY:    Senator McGee.

                            SENATOR McGEE:    Present.

                            THE SECRETARY:    Senator Meier.

                            SENATOR MEIER:    Here.

                            THE SECRETARY:    Senator Mendez.

                            SENATOR MENDEZ:    Here.

                            THE PRESIDENT:    Senator Bruno, a

                 quorum is present.

                            SENATOR BRUNO:    Thank you, Madam

                 President.  May we proceed?

                            THE PRESIDENT:    We shall.

                            Majority Leader Bruno, Minority

                 Leader Connor, members of the New York State

                 Senate, welcome.  And I wish all of you a

                 happy and a healthy new year as we commence

                 the 224th session of the New York State

                 Legislature.

                            I continue to be honored and

                 enthusiastic about my role, not only as

                 Lieutenant Governor but as your presiding

                 officer, working with all of you as well as

                 our Governor to ensure that the citizens of

                 New York State have the opportunities here to







                                                        8



                 be their best and that we offer them each and

                 every one of those opportunities in the Empire

                 State.

                            (Applause.)

                            THE PRESIDENT:    As elected

                 officials, this is our noble duty and

                 challenge.

                            Let us commit now to join together,

                 and in the final analysis above individual or

                 partisan considerations, to build upon our

                 existing partnership so that 2001 will be the

                 most positive, productive year it can possibly

                 be for the people of our state.  That is our

                 most important consideration.

                            Thank you.

                            (Applause.)

                            THE PRESIDENT:    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 3, 2001, at 1:00 p.m.

                 or as soon thereafter as may be convenient, to

                 personally deliver my annual message to the







                                                        9



                 Legislature.

                            "Sincerely, George E. Pataki."

                            THE PRESIDENT:    To be filed in

                 the Journal.

                            Senator Stafford.

                            SENATOR STAFFORD:    Madam

                 President, I hand up this privileged

                 resolution and ask that the title be read.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Stafford, Senate Resolution Number 1,

                 providing for the election of Joseph L. Bruno

                 as Temporary President of the Senate for the

                 years 2001-2002.

                            THE PRESIDENT:    Senator Paterson.

                            SENATOR PATERSON:    Madam

                 President, I hope at the desk you have an

                 alternative resolution nominating Senator

                 Martin Connor to act as the temporary

                 president of this body for the next two years,

                 2001-2002.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator







                                                        10



                 Paterson, Senate Resolution Number 2,

                 providing for the election of Martin Connor as

                 Temporary President of the Senate for the

                 years 2001-2002.

                            THE PRESIDENT:    Senator Paterson.

                            SENATOR PATERSON:    Madam

                 President, on the resolution.

                            It is my privilege to nominate at

                 this time Senator Martin Connor to be the

                 Temporary President of the Senate.  This is

                 Senator Connor's 24th year as a State Senator.

                 He has served for six years, very admirably,

                 as the Minority Leader of the Senate, and we

                 think it's time for a change.

                            We think that Senator Connor would

                 demonstrate the responsibility and the

                 dedication that he has dedicated the last 23

                 years to, to the awesome task as serving as

                 the Temporary President of the Senate.

                            We say this with no disrespect to

                 the current Majority Leader of the Senate,

                 Senator Joseph L. Bruno, who has done an

                 outstanding job.  But there are probably other

                 things he might need to devote his time to

                 these days, so we thought that Senator Connor







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                 would be an admirable replacement.

                            Senator Connor's advocacy more than

                 anything else has been responsible for

                 legislation in the areas of gun control, in

                 the areas of campaign finance, in the areas of

                 housing advocacy, the rights of tenants, the

                 rights of the homeless.

                            We have considerable effort and

                 work on hate crimes legislation.  We passed a

                 hate crimes bill in the past couple of years

                 with bipartisan support.  But in the hours

                 when no one was talking about this issue, it

                 was Senator Connor, who as well as in health

                 care and education, has been the one to

                 spearhead a lot of the efforts.

                            Our economic policy of the state,

                 the family values that all of us in the state

                 champion -- the question sometimes is who

                 advocated those issues when others would not.

                 Or, as they say in Star Trek, who would go to

                 areas that others will not go.

                            And so as we start the official new

                 millennium in the last couple of days and we

                 ask ourselves the question who can take us to

                 the quality of life that we have not enjoyed







                                                        12



                 previously for all people in the state -

                 Asian, black, Hispanic, or white, upper,

                 middle class or welfare recipients, tenants,

                 cooperators, landlords, or even the

                 homeless -- there's no one better, in my

                 opinion, than Senator Martin Connor to do

                 that.

                            And that's why I respectfully place

                 his name in nomination at this time.

                            THE PRESIDENT:    On the substitute

                 resolution offered by Senator Paterson, all in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (Response of "Nay.")

                            THE PRESIDENT:    The nays have it.

                 The resolution is defeated.

                            Senator Stafford.

                            SENATOR STAFFORD:    Madam

                 President.

                            Your Excellency Bishop Hubbard,

                 Madam President, colleagues, Happy New Year.

                 Sometimes change is good.  In this case, it is

                 not.

                            (Laughter.)







                                                        13



                            SENATOR STAFFORD:    No disrespect

                 to anyone in the chamber or anyone anywhere.

                            But it is my privilege to speak on

                 this resolution electing Joseph Louis Bruno

                 Majority Leader -- and when you're as old as

                 we are, you say Majority Leader and President

                 Pro Tem; now we say Temporary President.  But

                 we're talking about our leader who we're

                 electing here today, and he has been our

                 leader.

                            As I've said earlier, Joe Bruno

                 came to this chamber and he had had

                 experience, experience in government, he'd

                 been successful in the private sector.  And

                 like Charles Evans Hughes, who was Governor,

                 Chief Justice -- Governor of this state, Chief

                 Justice of the United States -- he was born in

                 Glens Falls.  Now, that alone would really

                 make him eligible to be our leader.

                            But also, Madam President, we have

                 to point out that we have in the past six

                 years had such successes.  We could go on and

                 on about what has been done.  We can talk

                 about reducing taxes, economic development,

                 criminal justice, turning our state around







                                                        14



                 with Governor Pataki and our team.  He's done

                 the job.

                            Think of it.  Think of it.  When

                 our Majority Leader took over and the Governor

                 took over, this state had a $5 billion

                 deficit.  And it had had those deficits in the

                 '90s, other than in '94.  With the leadership

                 of Senator Bruno, again calling for what had

                 to be done and staying right on target, he's

                 the one who led us and he's the one who should

                 continue to lead us.

                            About this chamber.  Now, Senator

                 Bruno and I go way back, over four decades.

                 Now, of course in four decades we were only in

                 grade school.  But I can say he had a lot to

                 do with me coming to this chamber 35 years

                 ago.  And also, this chamber has never been

                 administered or run better.  From setting the

                 time we're going to meet, and meeting, his

                 tireless efforts have made us do a better job.

                            And, Madam President, as Theodore

                 Roosevelt preached the doctrine of strenuous

                 life, the life of toil, effort and labor, Joe

                 Bruno has followed that doctrine.  We are

                 better here in this chamber and our state is







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                 better.

                            And so it is an honor for me to

                 move the resolution electing Senator Joseph L.

                 Bruno Majority Leader and Temporary President

                 of our body.  Thank you.

                            THE PRESIDENT:    Thank you,

                 Senator.

                            The question is now 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.

                            And the chair states for the record

                 that Senator Joseph L. Bruno has been elected

                 Temporary President of the Senate for the

                 years 2001 and 2002.

                            (Standing ovation.)

                            THE PRESIDENT:    Please raise your

                 right hand and repeat after me:  I, Joseph L.

                 Bruno -

                            SENATOR BRUNO:    I, Joseph L.

                 Bruno -







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                            THE PRESIDENT:    -- do solemnly

                 swear -

                            SENATOR BRUNO:    -- do solemnly

                 swear -

                            THE PRESIDENT:    -- that I will

                 uphold the Constitution of the United

                 States -

                            SENATOR BRUNO:    -- that I will

                 uphold the Constitution of the United

                 States -

                            THE PRESIDENT:    -- and the

                 Constitution of the State of New York -

                            SENATOR BRUNO:    -- and the

                 Constitution of the State of New York -

                            THE PRESIDENT:    -- and that I

                 will faithfully discharge the duties -

                            SENATOR BRUNO:    -- and that I

                 will faithfully discharge the duties -

                            THE PRESIDENT:    -- of the office

                 of Temporary President of the Senate of the

                 State of New York -

                            SENATOR BRUNO:    -- of the office

                 of Temporary President of the Senate of the

                 State of New York -

                            THE PRESIDENT:    -- to the best of







                                                        17



                 my ability, so help me God.

                            SENATOR BRUNO:    -- to the best of

                 my ability, so help me God.

                            THE PRESIDENT:    Congratulations.

                            (Extended applause.)

                            THE PRESIDENT:    The chair now

                 acknowledges that we have also received a

                 communication from the Senate Democratic

                 Conference that Senator Martin Connor was

                 elected as the Minority Leader of the State

                 Senate.

                            Senator Connor.

                            SENATOR CONNOR:    Thank you, Madam

                 President.  And Happy New Year to you.

                            THE PRESIDENT:    Thank you.

                            SENATOR CONNOR:    And my heartfelt

                 congratulations to my friend and colleague

                 Senator Bruno.

                            I guess I have the distinction now

                 of having lost the closest race in the Senate

                 this year.  I heard -- it sounded louder than

                 six, but I think it was six votes.

                            May I first, if I may, introduce

                 three new colleagues to us.  One who is not so

                 new, actually; one who we've known and many of







                                                        18



                 us served with in the past who has now

                 returned to take his place in the State

                 Senate:  Senator Pedro Espada, from the County

                 of the Bronx, who is, as we know, experienced

                 in community service, in government, and in

                 business, and is also a graduate of Fordham.

                 Which is a good thing, I'm told; right,

                 Senator Breslin?

                            And so again, Madam President, if

                 we could extend a welcome to Senator Pedro

                 Espada, Jr.

                            THE PRESIDENT:    Welcome to the

                 Senate.

                            (Applause.)

                            SENATOR CONNOR:    Madam President,

                 moving to the other end of the state, we are

                 privileged to have join us as a colleague

                 someone who has served on the City Council of

                 the City of Buffalo, someone who has

                 experience in business and community service.

                            He has a Bachelor of Arts from

                 Buffalo State.  He has a certificate for

                 senior governmental executives from the

                 Kennedy School of Government at Harvard.  He

                 was one of 45 people selected to participate







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                 in the charter class of Buffalo.  He has been

                 recognized nationally, actually, by Ebony

                 Magazine in 1989 as one of the 30 leaders of

                 the future in America.

                            And we are -- I'm happy to

                 introduce to you all the Honorable Senator

                 Byron Brown.

                            (Applause.)

                            SENATOR CONNOR:    And, Madam

                 President, joining us today, again increasing

                 those all-important numbers of women among us,

                 representing the Bronx and Westchester County,

                 hailing from Mount Vernon, the city of Mount

                 Vernon, Ruth Hassell-Thompson, who served on

                 the City Council of Mount Vernon.

                            She has served as the Council

                 President and Acting Mayor of Mount Vernon.

                 She has a wide breadth of experience in

                 business and in community service, in

                 education, in health education.

                            And I think as we get to know her,

                 we will see why the voters placed their faith

                 in Senator Ruth Hassell-Thompson.

                            Senator.

                            (Applause.)







                                                        20



                            SENATOR CONNOR:    Madam President,

                 if I may just briefly remark, I'm delighted to

                 be back here, as I'm sure all of you are who

                 are here among our colleagues.

                            And let me say the time -- the

                 election is over, thank God.  Senator Goodman,

                 it doesn't seem like it was over that long, I

                 know.  But the system worked, the voters

                 recognized Senator Goodman's long service.

                 And the fact is, it's time for government now.

                            And it's time -- and I think we

                 began last year, actually, in this chamber to

                 show the public that government can work, that

                 people can cooperate, that there can be

                 bipartisan sharing of ideas, bipartisan effort

                 to produce results for the voters.  I think

                 that's very important.  I think it's what the

                 public wants.

                            I think the public appreciates

                 vigorous elections.  I think they appreciate

                 vigorous, cooperative government when that

                 time is over.  It's now time to govern, as we

                 launch this session.  I know under the

                 leadership of Senator Bruno, with the

                 cooperation of all of our colleagues, we I







                                                        21



                 hope will have a productive year on that

                 basis.

                            Thank you, Madam President.

                            (Applause.)

                            THE PRESIDENT:    Thank you,

                 Senator Connor.

                            Senator Bruno, for remarks.

                            SENATOR BRUNO:    Thank you, Madam

                 President.

                            And, Bishop Hubbard, thank you for

                 that very appropriate and needed opening

                 prayer.  And Lieutenant Governor Donohue, for

                 your very appropriate remarks.

                            And a special word of thanks to my

                 friend and colleague Senator Stafford for his

                 friendship.  And we go back an awful lot of

                 years.  And I am reminded on a day like today

                 that the first time I ever entered the Senate

                 chamber, it was to visit Senator Stafford as

                 the Young Republicans president of Warren

                 County, which happens to be in the 45th

                 Senatorial District.

                            And that was my introduction to

                 Ron, when he was the youngest member in the

                 New York State Senate.  He is still the most







                                                        22



                 energetic and, in spirit, youngest.  Thank

                 you, Ron, for your friendship and for your

                 remarks.

                            And to Senator Connor,

                 congratulations, and thank you for the way you

                 conduct yourself here in this chamber.

                            And a special word of thanks to my

                 colleagues who support me and allow me to

                 continue in a leadership role.  And I can tell

                 you that when I think about what goes on in my

                 life, that it's sometimes almost difficult for

                 me to comprehend where we are and what we're

                 doing.  But thanks to you, I am allowed to do

                 what I do and to continue in a leadership role

                 of what really is the greatest and finest

                 legislative body in the entire world.

                            And my daughter Susan and son Ken

                 are here, and they are always there and

                 extremely supportive, with my family, Joey and

                 Katie and my wife, Bobbie.  And I thank them

                 certainly for their support, day and night and

                 weekends.

                            You know, last year was a tough

                 year.  It was a very productive year.  We in

                 this chamber -- and, Senator Connor, you're







                                                        23



                 right, we did a lot of things.  We did a lot

                 of things together.

                            When you talk about the effect that

                 we in this chamber, partnering with Governor

                 George Pataki, have had on the constituency of

                 this state, all of us can be proud, really

                 proud, to represent the constituency that

                 sends us here.

                            And I can't help but think that

                 when we worked hard and diligently last year,

                 we then left here in June, having done the

                 great things that we did on behalf of the

                 people of this state, we then entered another

                 season other than the legislative season.  And

                 it's known as running for office.

                            And we all ran.  And we ran hard.

                 And I can share with you that I don't believe

                 that we have ever had stiffer competition.

                 Sometimes what we felt was a little bit too

                 competitive, and almost too personal.

                            But having gone to the constituency

                 with our record, the constituency out there

                 individually and collectively made a decision

                 that this Majority is leading this state,

                 partnering with our great governor, George







                                                        24



                 Pataki, to improve the quality of life,

                 partnering with a Minority to work together.

                 And this constituency, in their great wisdom,

                 saw fit to return each and every one of these

                 Majority members to office.  And the

                 competition was tough, but we are here 36

                 strong.

                            (Applause.)

                            SENATOR BRUNO:    And if you think

                 about the ramifications of what was out there

                 this past November, there was one individual

                 that liked that political climate and that

                 elective process so much that he continued it

                 for another 42 days after election:  Senator

                 Goodman.

                            (Applause.)

                            SENATOR BRUNO:    But his

                 constituency made a wise choice, and he will

                 build on all of the experiences that he brings

                 to this house.

                            And I seriously want to say that we

                 will debate, we will compete, and we

                 understand our respective roles and we do the

                 best that we can on behalf of our constituency

                 and the parties that we represent and the







                                                        25



                 roles that we play.

                            And I am just so thankful to each

                 and every one of my members that they went out

                 and did the things that they did that allow me

                 to be here as the Majority Leader and allow

                 Senator Connor, who does an admirable job as

                 Minority Leader, to continue in that role.  So

                 thank you to the Majority, and thank you.

                            We are going to continue to debate.

                 We're going to continue to close when it's

                 appropriate and do the work on behalf of the

                 people of this state.  Party lines disappear

                 now that the election is over, and now we all

                 represent a constituency and we want to, each

                 and every one of us, do it to the best of our

                 ability.

                            And I can pledge with you, as the

                 leader here in the Senate, that I will be as

                 cooperative as I can be to help you fulfill

                 the promises that you made and to fulfill what

                 the people out there expect of you when they

                 cast a vote on your behalf to bring you here.

                            So we're going to have a great year

                 in 2001.  We're going to partner with Governor

                 George Pataki.  We're going to work with the







                                                        26



                 Assembly.  And we're going to work -- when

                 it's all said and done, when the debate is

                 over -- and debate is part of the elective

                 process -- we're going to close ranks and

                 we're going to go forward and continue in 2001

                 to do all of the things that we know are

                 important to the people in this state that all

                 of us represent individually and that we

                 represent collectively.

                            So thank you all, each and every

                 one of you, for your support, and God bless

                 each and every one of you.  Thank you.

                            (Applause.)

                            THE PRESIDENT:    Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 I believe there's a resolution at the desk.  I

                 would ask that its title be read and move for

                 its immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator Bruno,

                 Senate Resolution Number 3, that Steven M.

                 Boggess, of Sand Lake, New York, be, and he

                 hereby is elected Secretary of the Senate for

                 the years 2001-2002.







                                                        27



                            THE PRESIDENT:    The question is

                 on the resolution.  All those in favor signify

                 by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            And the chair states for the record

                 that Steven M. Boggess has been elected

                 Secretary of the Senate for the years 2001 and

                 2002.

                            (Applause.)

                            THE PRESIDENT:    Please raise your

                 right hand and repeat after me:  I, Steven M.

                 Boggess -

                            SECRETARY OF THE SENATE BOGGESS:

                 I, Steven M. Boggess -

                            THE PRESIDENT:    -- do solemnly

                 swear -

                            SECRETARY OF THE SENATE BOGGESS:

                 -- do solemnly swear -

                            THE PRESIDENT:    -- that I will

                 uphold the Constitution of the United

                 States -







                                                        28



                            SECRETARY OF THE SENATE BOGGESS:

                 -- that I will uphold the Constitution of the

                 United States -

                            THE PRESIDENT:    -- and the

                 Constitution of the State of New York -

                            SECRETARY OF THE SENATE BOGGESS:

                 -- and the Constitution of the State of New

                 York -

                            THE PRESIDENT:    -- and that I

                 will faithfully discharge the duties -

                            SECRETARY OF THE SENATE BOGGESS:

                 And that I will faithfully discharge the

                 duties -

                            THE PRESIDENT:    -- of the office

                 of Secretary of the New York State Senate -

                            SECRETARY OF THE SENATE BOGGESS:

                 -- of the office of Secretary of the New York

                 State Senate -

                            THE PRESIDENT:    -- to the best of

                 my ability.

                            SECRETARY OF THE SENATE BOGGESS:

                 -- to the best of my ability.

                            (Applause.)

                            THE PRESIDENT:    Senator Bruno.

                            SENATOR BRUNO:    Thank you, Madam







                                                        29



                 President.

                            My congratulations to the Secretary

                 of the Senate, Steve Boggess.  Steve

                 distinguishes himself by having survived 25

                 years of a relationship with me as a friend

                 and as a constituent.

                            (Laughter.)

                            SENATOR BRUNO:    I believe, Madam

                 President, there is another resolution at the

                 desk.  I would ask that the title be read and

                 move for its immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator Bruno,

                 Senate Resolution Number 4, that Catherine

                 Kirkland be, and she hereby is elected the

                 Official Stenographer of the Senate for the

                 years 2001-2002.

                            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







                                                        30



                 adopted.

                            Congratulations, Ms. Kirkland.

                            (Applause.)

                            THE PRESIDENT:    Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 I believe there's another resolution at the

                 desk.  I would ask that the title be read and

                 move for its immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator Bruno,

                 Senate Resolution Number 5, that William C.

                 Martin be, and he hereby is elected

                 Sergeant-at-Arms of the Senate for the years

                 2001-2002.

                            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.

                            Congratulations, Mr. Martin.

                            (Applause.)







                                                        31



                            THE PRESIDENT:    Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 I believe there are several resolutions at the

                 desk that I have sponsored.  I would ask that

                 their titles be read and move for their

                 immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator Bruno,

                 Concurrent Resolution Number 6, of the Senate

                 and Assembly, providing for a joint assembly

                 for the purpose of receiving a message from

                 the Governor.

                            THE PRESIDENT:    The question is

                 on the resolution.  All in favor signify by

                 saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The concurrent

                 resolution is adopted.

                            The Secretary will read.

                            THE SECRETARY:    By Senator Bruno,

                 Senate Resolution Number 7:  "Resolved, That

                 the President appoint a Committee of two to







                                                        32



                 inform the Governor of the election of Joseph

                 L. Bruno as Temporary President of the Senate

                 for the years 2001-2002, and that the Senate

                 is organized and ready to proceed with

                 business and will meet with the Assembly in

                 the Assembly Chamber at 1:00 p.m. to receive

                 the Governor's message."

                            THE PRESIDENT:    The question

                 again is on the resolution.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            The chair hereby appoints Senators

                 DeFrancisco and Hassell-Thompson to wait upon

                 the Governor that the Senate is ready to

                 proceed.

                            The Secretary will read.

                            THE SECRETARY:    By Senator Bruno,

                 Senate Resolution Number 8:  "Resolved, That

                 the President appoint a Committee of two to

                 wait upon the Assembly and inform that body of

                 the election of Joseph L. Bruno as Temporary







                                                        33



                 President of the Senate for the years

                 2001-2002, and that the Senate is organized

                 and ready to proceed with business and will

                 meet jointly with the Assembly in the Assembly

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

                 message."

                            THE PRESIDENT:    The question is

                 on the resolution.  All those in favor signify

                 by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            And the chair hereby appoints

                 Senators Wright and Brown to wait upon the

                 Assembly that the Senate is ready to proceed.

                            The Secretary will read.

                            THE SECRETARY:    By Senator Bruno,

                 Senate Resolution Number 9, providing that the

                 Rules for the Senate for the year 2000, as

                 last amended, be adopted as the Rules of the

                 Senate for the years 2001-2002.

                            THE PRESIDENT:    Senator Paterson.

                            SENATOR PATERSON:    Madam







                                                        34



                 President, on behalf of the Minority, we would

                 reserve the right to amend the rules to the

                 Senate for the years 2001 and 2002.  They are

                 the focal point of our organization, and we do

                 have some suggestions and will inform the

                 Majority duly that we are ready to discuss

                 them.

                            THE PRESIDENT:    The record will

                 so reflect, Senator Paterson.

                            The question is on the resolution

                 again.  All those in favor signify by saying

                 aye.

                            (No response.)

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            The Secretary will read.

                            THE SECRETARY:    By Senator Bruno,

                 Senate Resolution Number 10, providing for the

                 hours of meeting by the Senate for the years

                 2001-2002:  "Resolved, That unless otherwise

                 ordered, the hours of meeting of the Senate

                 shall be as follows:  Mondays and Tuesdays at

                 3:00 p.m., Wednesdays and all other days at







                                                        35



                 11:00 a.m."

                            THE PRESIDENT:    The question is

                 on the resolution.  All those in favor signify

                 by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            The Senate will come to order.

                            The chair recognizes Assemblymen

                 Farrell and Flanagan.

                            ASSEMBLYMAN FLANAGAN:    Madam

                 President, the Speaker of the Assembly has

                 been elected, the Assembly is organized, and

                 we wait upon the Senate and the Governor for

                 the delivery of the State of the State.

                            THE PRESIDENT:    Thank you,

                 Assemblyman.

                            (Applause.)

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 at this time the Senate will proceed to the

                 Assembly chamber to hear the message of the

                 Governor, after which the Senate will stand







                                                        36



                 adjourned until Monday, January 8th, at

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

                 days.

                            Thank you.

                            THE PRESIDENT:    The Senate will

                 now proceed to the Assembly chamber for the

                 Governor's message, after which the Senate

                 stands adjourned until Monday, January 8, at

                 3:00 p.m., intervening days being legislative

                 days.

                            The Senate is adjourned.

                            (Whereupon, at 12:45 p.m., the

                 Senate adjourned.)