Regular Session - January 8, 2003
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 8, 2003
12:05 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
please 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: It is our honor
to have with us this afternoon 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, we come
to the beginning of another year. As we do
so, we pray that within this new year, Your
guidance will assist all gathered here for the
2003 opening session of the New York State
Senate.
In our world today, torn by
conflict, terrorism and the threat of war, as
well as by a nagging recession, rising
unemployment, staggering budget deficits and
the frustration of dealing with difficulties
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that seem unsolvable, together we seek Your
guidance and insight on how best to meet the
needs of these unsettled times.
Enable our Senators, O God, to
carry out their mission, using their talents
and diverse gifts towards securing peace and
justice for all people in our state, nation,
and world.
In today's world where tensions
between nations, religious traditions, and
ideologies threaten to unleash wholesale
tragedy on our planet, we need the courage and
compassion to right these wrongs and to
alleviate the sufferings of those oppressed
and burdened by the depravity and indignities
that prejudice, greed, inequality and war can
engender.
In a society of limited resources
to address the education, health, human
service, and public safety needs of our
citizens, we need the vision and wisdom to
develop policies and to set budgetary
priorities which are in accord with the
principles of distributive justice, and ensure
that the needs of the most vulnerable,
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powerless, and voiceless are met.
You have promised that if we seek
You with faith and a sincere desire to improve
the human condition, Your strength and divine
guidance will enlighten us and thus enable us
in the end to prevail over evil and injustice.
So for all this we pray with
confidence, O faithful God, 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 --
can we please have order. Thank you -- being
the official certification of the duly elected
members of the Senate, and directs that the
same be filed. So ordered.
I'd like to ask if there are any
Senators present who have not taken their
oaths of office.
(No response.)
THE PRESIDENT: The Secretary
will call the roll to ascertain a quorum.
THE SECRETARY: Senator Alesi.
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SENATOR ALESI: Present.
THE SECRETARY: Senator Andrews.
SENATOR ANDREWS: Present.
THE SECRETARY: Senator Balboni.
SENATOR BALBONI: Present.
THE SECRETARY: Senator Bonacic.
SENATOR BONACIC: Here.
THE SECRETARY: Senator Breslin.
SENATOR BRESLIN: Here.
THE SECRETARY: Senator Brown.
SENATOR BROWN: Here.
THE SECRETARY: Senator Bruno.
(Senator Bruno was indicated as
present.)
THE SECRETARY: Senator Connor.
SENATOR CONNOR: Here.
THE SECRETARY: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Here.
THE SECRETARY: Senator Diaz.
SENATOR DIAZ: Present, and mucho
gusto.
THE SECRETARY: Senator Dilán.
SENATOR DILAN: Present.
THE SECRETARY: Senator Duane.
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SENATOR DUANE: Here.
THE SECRETARY: Senator Farley.
SENATOR FARLEY: Here.
THE SECRETARY: Senator Flanagan.
SENATOR FLANAGAN: Here.
THE SECRETARY: Senator
Fuschillo.
SENATOR FUSCHILLO: Present.
THE SECRETARY: Senator Golden.
(No response.)
THE SECRETARY: Senator González.
SENATOR GONZALEZ: Present.
THE SECRETARY: Senator Hannon.
SENATOR HANNON: Here.
THE SECRETARY: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Here.
THE SECRETARY: Senator Hoffmann.
SENATOR HOFFMANN: Present.
THE SECRETARY: Senator Johnson.
SENATOR JOHNSON: Present.
THE SECRETARY: Senator L.
Krueger.
SENATOR LIZ KRUEGER: Yes.
THE SECRETARY: Senator C.
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Kruger.
(No response.)
THE SECRETARY: Senator Kuhl.
SENATOR KUHL: Present.
THE SECRETARY: Senator Lachman.
SENATOR LACHMAN: Present.
THE SECRETARY: Senator Larkin.
SENATOR LARKIN: Present.
THE SECRETARY: Senator LaValle.
SENATOR LAVALLE: Here.
THE SECRETARY: Senator Leibell.
SENATOR LEIBELL: Here.
THE SECRETARY: Senator Libous.
SENATOR LIBOUS: Present.
THE SECRETARY: Senator Little.
SENATOR LITTLE: Present.
THE SECRETARY: Senator Maltese.
SENATOR MALTESE: Present.
THE SECRETARY: Senator
Marcellino.
SENATOR MARCELLINO: Present.
THE SECRETARY: Senator Marchi.
(No response.)
THE SECRETARY: Senator Maziarz.
SENATOR MAZIARZ: Present.
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THE SECRETARY: Senator McGee.
SENATOR McGEE: Here.
THE PRESIDENT: Senator Bruno, a
quorum is present.
SENATOR BRUNO: Thank you, Madam
President. May we proceed?
THE PRESIDENT: We may.
First of all, I want to welcome
everyone back. I hope that you and your
families had a wonderful holiday season, and
Happy New Year to your and yours.
Most of all, I want to welcome our
new Senators.
And now we begin. We're facing a
year of many challenges -- in the words of our
bishop, perhaps more challenges than our state
has ever faced. But we are ready to meet
those challenges, and invigorated and
committed to do so. I know that because I've
been working with you as a group for a few
years now.
But I'm going to ask that each of
us at this time commit to be united, to go
past any partisan interests and individual
interests, to keep in mind, first and
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foremost, the good, the welfare, and the will
of the people.
I believe that's the best manner
for us to meet -- not only meet, but overcome
all of the challenges that are ahead of us,
and to enjoy the triumphs that will go along
with that unity among us, for the benefit of
our great State of New York.
Thank you and best wishes for a
successful session.
The chair now 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 8, 2003, at
1:00 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 Johnson.
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SENATOR JOHNSON: 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
Johnson, Senate Resolution Number 1, providing
for the election of Joseph L. Bruno as
Temporary President of the Senate for the
years 2003-2004.
THE PRESIDENT: Senator Smith.
SENATOR MALCOLM SMITH: Yes,
Madam President. I believe there's an
alternative Resolution Number 2 at the desk
nominating David A. Paterson as the Temporary
President of the New York State Senate.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator M.
Smith, Senate Resolution Number 2, providing
for the election of David A. Paterson as
Temporary President of the Senate for the
years 2003-2004.
THE PRESIDENT: Senator Smith, on
the resolution.
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SENATOR MALCOLM SMITH: Yes,
Madam President, on the resolution.
Madam President, it gives me great
honor and pleasure to stand here in front of
my colleagues, to stand here in front of you,
to stand here in front of the former Secretary
of State, Basil Paterson, and also in front of
Senator David A. Paterson's -- his wife, who
is also here. And it gives me great pleasure
to nominate Senator David A. Paterson as the
Temporary President for the Senate in the
State of New York.
Madam President, as I stand here
before you on January 8, 2003, a day in which
we have never seen before, a day in which we
will never see again, I believe this is going
to be a very memorable and historical year for
the Senate.
I will tell you, Madam President, I
am one who firmly believes that God places an
individual in different places at different
times for different reasons. And I will tell
you, I had the pleasure last night of getting
home a little early and I managed to see a
show, or a movie, called "A Beautiful Mind."
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And that particular show, at the end there was
Russell Crowe, who wanted to describe -- and
he did describe -- all the reasons for his
existence as he accepted the Nobel Peace
Prize.
This morning, Madam President, I
woke up and for those of the old school I
happened to listen to a song by a group called
Earth, Wind and Fire. And the song was called
"Reasons." And as I was thinking to myself,
Madam President, what I was going to offer in
terms of all the justifications why I know
Senator Paterson would be the right individual
to be the Temporary President of the Senate
for this year, I could come back with nothing
else other than to say I need to offer several
reasons.
And those reasons are very
historical in nature. They're historical for
Senator Paterson, because he is now the leader
of the Democratic Conference for the Senate,
and this is the first time in the history of
the State of New York that an African-American
has ever held that position.
It is very historical and very
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moving for me, because at this moment in time
I am allowed to nominate someone who not only
dresses very well --
(Laughter.)
SENATOR MALCOLM SMITH: -- but
also someone who has extreme, keen intellect,
someone who has recall that is second to none,
someone who has the ability to not only reason
and cast judgment about different concerns but
knows how to bring consensus around subject
matters that are sensitive in nature. He also
carries with him a sense of business acumen
that I will tell you very few have the ability
to surpass.
Senator Paterson is an individual
who I've had a friendship with for many years.
He is a God-given talented individual. It is
very exciting for me because he is also very
good-looking, and I know his wife, who's very
proud of his looks, is very happy about this
as well.
But it is also, Madam President,
extremely important for those of you who sit
in this chamber and who are going to vote
today. And let me tell you why it is so
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significant for each one of these members.
You will have an opportunity to make history
in the Senate.
Now, I know you will say, many of
you will argue, "Well, Malcolm, there's other
things we've done that have made history."
But what you are about to do today, whether
you vote yea or nay, you will go down in
history as voting for the first
African-American individual in the history of
the State of New York to be the Temporary
President for the New York State Senate.
Never has it happened in the State of New
York. So whether your vote is yea or nay, you
are going down in history in a very
significant way.
Now, Madam President, also we know
these are very challenging times. And I think
you know, just as you said earlier, that we
need an individual who not only thinks out of
the box but can also think beyond the walls.
And I think Senator Paterson is the individual
who not only will understand the importance of
making equitable cuts across the board so that
all share in whatever little pain there may
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be, but he also has the temerity to make
equitable distribution of revenue enhancements
that we may need to do if in fact they'd come
in the sense of tax cuts.
But more importantly, Madam
President, Senator Paterson is a person who
understands the need to replenish our
Superfund. He understands the need for budget
reformation. He also understands the need for
decent health care and rent regulations.
But most important, Madam
President, Senator Paterson is an individual
who, while we understand and accept the three
beautiful minds that are in the room, he also
advocates for five beautiful minds to be in
the room during this budgetary process.
Madam President, and those are just
some of the reasons why I have the opportunity
to stand before you, to stand before my
colleagues, to stand before the staff, and to
stand before those who are in the gallery and
nominate -- and with great honor nominate
Senator David A. Paterson to be the Temporary
President for the Senate of New York from now,
2002 [sic], until 2004.
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Thank you very much.
THE PRESIDENT: On the substitute
resolution offered by Senator M. Smith, all
those in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(Response of "Nay.")
THE PRESIDENT: The nays have it.
(Laughter.)
THE PRESIDENT: Need I say that?
(Laughter.)
THE PRESIDENT: Surprise.
(Laughter.)
THE PRESIDENT: The resolution is
defeated.
Senator Johnson, on Resolution
Number 1.
SENATOR JOHNSON: Your Excellency
Bishop Howard Hubbard, Madam President, and
colleagues, I wish you all a happy new year.
It's my great honor to speak on
this resolution to elect our colleague and
friend and our current Majority Leader,
Senator Joseph L. Bruno, Temporary President
of the Senate.
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Having served in this chamber
alongside Senator Bruno since he was elected
to the Senate in 1976, I know of no one who
has a greater respect for this institution or
the individual members who comprise it.
Senator Bruno has led the chamber
since 1995. When Senator Bruno became our
leader, we were confronted with many
challenges. We had a multi-billion-dollar
deficit, a crime wave of epic proportions, and
businesses and young families were leaving the
state in droves.
Under Senator Bruno's vigorous
leadership, we overcame these challenges. We
cut taxes, we cut the red tape, and our
economy came roaring back. Under Senator
Bruno's leadership, we laid a foundation to
develop the state's high-tech economy for
generations to come, and, in doing so, we've
become a state that attracts business rather
than driving it away.
Today in some ways we face similar
challenges. In the post-9/11 world,
New Yorkers feel more threatened, not only for
their personal security but for their
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financial security. Again we face a major
deficit that is due to circumstances which
were, in many ways, beyond our control.
Now more than ever we need a proven
leader like Senator Bruno to guide this august
body. Therefore, it is my honor to move this
resolution to elect Senator Joseph L. Bruno
Temporary President of the Senate.
Thank you.
THE PRESIDENT: The question is
on the resolution. All those in favor signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(Response of "Nay.")
THE PRESIDENT: The resolution is
adopted.
(Laughter; extended applause.)
THE PRESIDENT: The chair states
now for the record that Senator Joseph L.
Bruno has been elected Temporary President of
the New York State Senate for the years 2003
and 2004.
The chair will acknowledge that we
have also received a communication from the
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Senate Democratic Conference that Senator
David Paterson was elected as the Minority
Leader of the New York State Senate.
Senator Paterson.
(Extended applause.)
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, it's well known in this chamber
that I have a rather severe visual problem,
but I have very acute hearing. And I don't
know if I agree about whether the ayes or the
nays won. But --
THE PRESIDENT: I beg your
pardon, Senator?
(Laughter.)
SENATOR PATERSON: But I would
say that if I couldn't be the Temporary
President, there's no better person to serve
us than the Honorable Joseph L. Bruno, who is
our Temporary President --
(Applause.)
SENATOR PATERSON: -- nominated
by someone I'd also like to congratulate,
Senator Owen Johnson, who is an alumni of
Hofstra, as I am. And once I saw I hadn't had
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his vote, I knew that the die was cast. But
congratulations to Senator Johnson.
Senator Bruno has been our
Temporary President for the last eight years.
One of the things I remember very early on in
his service was the tragedy on April 19th of
1995, which was Senator Bruno's first year.
And the next week, on April 26th, when the
president asked all of us to observe a moment
of silence at 9:02 a.m. after the tragic
bombing in Oklahoma City, President -- Senator
Bruno brought us in here at 9:00 a.m. for a
session so that we could observe the moment of
silence.
I thought it was a very
distinguished and honorable thing to do, and
something that was quite innovative, and I
knew then that we were serving under a very
great leader.
I want to thank Senator Martin
Connor, who was the previous leader of the
Senate Democrats, who appointed me to be his
deputy in 1995 -- which is one of the moments
that I will never forget -- and has led us
well through the past few years.
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I want to thank all of those who
have helped me here on the floor: Senator
Stachowski; my partner here in floor
leadership, Senator Dean Skelos; and Senator
Dale Volker and Senator Ken LaValle, who sit
behind me and always let me know what I did
was wrong.
(Laughter.)
SENATOR PATERSON: I know that in
just a few minutes we're going to be going to
attend the State of the State message that
will be offered to us by the Governor, and the
Governor is going to ask for a bipartisan
support for what is going to be a very
difficult year during some rather lugubrious
times that our budget faces in fiscal year
2003-2004.
And yet when I have heard press
reports about the bipartisanship that's being
requested, and I saw a television show where
New York Times reporters actually laughed at
the concept, and in radio interviews at the
weekly programs that cover Albany, that almost
a spirit of mirth exists that we cannot have a
bipartisan leadership and cannot address the
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problems of New York at the same time.
I suggest that that's probably a
reaction to the fact that it will be very
difficult for us to work together if we have
trouble working with each other. And I think
that what we need to look at is this whole
culture of Albany and the whole system in
which we create leadership. I think we have
to understand the distinction between
discipline and obedience.
Discipline is what Senator Bruno
established in this chamber when he became the
leader in 1995, when he insisted that when we
schedule a session for noon that we start at
noon. And in a very short period of time, we
actually got this Legislature, which often
started things an hour and a half to two hours
after they were scheduled, on time.
Obedience is something a little
different. It's the ability to try to make
your reality someone else's reality. It's
measuring your adversary not by their beliefs,
but by their compliance with your beliefs.
I think that we have to work to get
rid of that in this particular chamber. Even
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though that might come across as seeming a
little antagonistic, it's the spirit on which
this country was founded. This country was
founded on the basis of individualism, where
people were encouraged to be independent, not
repressed; where people were encouraged to
prosper, not to plunder; where people were
encouraged to adventure, not to hide.
And I think that is what we have to
bring back to Albany, that feeling that every
member, regardless of title or rank, may have
an idea that may help us at this difficult
time, and that we'll listen to those ideas
because that is really the nature of
leadership.
Ayn Rand, in "The Fountainhead,"
wrote that leaders stand on their own
judgment, nonleaders follow the opinions of
others. Leaders think, parasites copy.
Leaders produce, hacks loot.
The basis of leadership is the
ability to bring people to a consensus based
on persuasion in a free and open exchange of
ideas. The basis of bossism is to deny people
opportunity based on power and coercion.
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It's important for us to look at
this at this moment in time because it's
leadership and democracy which is what got our
country attacked just 16 months ago and got
those of us in New York State in this
difficult fiscal crisis that we're in right
now. But it is really the spirit of the
democracy that we've enjoyed for 225 years.
Look at history. Everything we
have gained, everything we have has come from
the independent work of independent minds.
Every horror and destruction has come from
attempts to robotize people, denying right,
denying independence, denying exchanges of
ideas.
On the lower frequencies, right
here in Albany, I think we need to heed that.
Whereas we may differ and we may debate, but
we understand that we're part of a great
democracy.
On this side of the aisle, we are
going to challenge those of you who are in the
Majority on the issues of establishing quality
and affordable health care even during a
fiscal crisis. We are going to fight to make
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sure that every child gets an equal dollar for
their education wherever they live in this
state. We think that the threat of terrorism
should not minimize the values of
constitutional rights of citizens.
Where we think that the budget is
being balanced disproportionately on the backs
of those who can least resist it, we're going
to fight it. Where we think that there are
inequitable tax policies that may come into
effect during these times, we're going to
fight that too. And we feel that the public
will hear and understand us.
We're going to work, we're going to
fight, we're going to struggle. But in the
end, we're going to accept the ruling of this
body in a disciplined way. We are going to
understand that we may not all agree, but we
come together and vote and that will be the
decision that this body renders.
I just want to say that this is a
difficult time for all of us. We have a
$10 billion budget [sic]. Anywhere from 40 to
55 percent of it probably came directly from
the actions of September 11th. We're not
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going to be able to solely make cuts and make
that a reality. I'll use the "T" word: We
may have to tax in a special manner to try to
get rid of a burden that was brought on us not
because of Republicans or Democrats but
because of terrorists who attacked our
country. But we're going to have to take a
real strong look at this.
And as we go forward, I certainly
hope and pray that we understand that we don't
have all the answers. Only our Lord, who we
worship in different ways, has the answer.
But we're going to work very hard in this
chamber like we can find the answer.
There is a parable from The Prophet
that I think serves us individually but also
collectively: To each is given a bag of
tools, a shapeless mass, and a book of rules.
And each of us, before life has flown, will
become a stumbling block or a stepping stone.
If you want the key to that place
beyond which all the riches and accolades
desire, begin by trusting and working with
people. It's frightfully difficult, but
richly rewarding.
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(Extended applause.)
THE PRESIDENT: Senator Bruno,
would you please come forward to be sworn in
as Temporary President of the Senate.
Please raise your right hand and
repeat after me: "I, Joseph L. Bruno" --
SENATOR BRUNO: I, Joseph L.
Bruno --
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
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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 State of
New York --
THE PRESIDENT: Of the Senate of
the State of New York, Senator.
(Laughter.)
SENATOR BRUNO: -- of the Senate
of the State of New York --
THE PRESIDENT: -- "to the best
of my ability" --
SENATOR BRUNO: -- to the very
best of my ability --
THE PRESIDENT: -- "so help me
God."
SENATOR BRUNO: -- so help me
God.
(Applause.)
THE PRESIDENT: Ladies and
gentlemen, I present to you the Temporary
President of the New York State Senate, Joseph
L. Bruno.
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(Extended applause.)
SENATOR BRUNO: Thank you very
much, Madam President, and my colleagues here
in the chamber.
And thank you to my family --
Susan, Ken, daughter and son, and my family
that's been so supportive.
And thank you to the members of my
conference, who speak so loudly and act so
boldly. And I very much appreciate the
support you've given me over the years, not
just today but over the years.
And I congratulate the Lieutenant
Governor on her keen sense of hearing.
(Laughter.)
THE PRESIDENT: No comment.
SENATOR BRUNO: And I
congratulate Senator David Paterson. And this
has got to be, David --
(Applause.)
SENATOR BRUNO: This has got to
be a proud moment for the other Senator
Paterson, his dad, who's here, former
Secretary of State, who has already
distinguished himself and continues to
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distinguish himself in public service.
I see Freddy Ohrenstein, Senator
Ohrenstein, Senator Markowitz, that are here.
Senator Goodman is here, and others.
And it is a proud moment. It is a
proud moment for all of us. It certainly is
for me that you in this chamber continue me in
my leadership position. And that makes me as
proud as I can be.
But I am very, very conscious --
and, David, I was listening very closely to
you. I also listened to Malcolm Smith. And
you have wise words and the right message.
And the message for all of us --
and in a few minutes we'll go over and listen
to our great governor for the last eight
years, Governor George Pataki. And I trust
that the Governor will lead us in a message of
hope and moving forward and we will all
recognize, as the Governor does, as we do in
this chamber, that we have challenges before
us. We're facing adversity; Bishop Hubbard
said it right.
And thank you, Bishop, for your
prayers and for your presence here. And
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that's what we're going to need, that vision,
those prayers.
This message -- David, Malcolm,
Owen, thank you for the message that you
deliver, which really is a message of
togetherness.
And it's been said over and over,
from the time this country was formed, through
the years, that we here in the United States,
we in New York, we live in hope. And we live
in hope this year. And whatever adversity is
there, whatever challenges are there, the one
message that will ring through for all of us:
United we stand. And it's in unity that we
have strength.
And we are one chamber here in the
Senate, and the Assembly has one chamber, and
we are a branch of government together. But
this is one Senate, it's one Assembly. With
the challenges that we have before us this
year, we are going to need the best of all
that is in us, each and every one of us here,
together -- not as adversaries, but as
partners, to solve the problems that the
people out there entrust us to solve.
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We are here elected by our
respective constituencies -- a statewide
constituency, with the 62 members that are in
these seats in this chamber. And they depend
on us to help them with the challenges, with
the adversities, with the problems, so that
they can lead a quality of life that people
here in this state and in this country
deserve.
So by putting our hearts together,
putting our heads together, putting our
spirits together -- and I mean together -- we
will overcome, we'll get it done.
And, David, David -- maybe it was
wishful thinking -- talked about a $10 billion
budget.
(Laughter.)
SENATOR BRUNO: Now, see, David,
you were so caught in that moment that he
overcame that $10 billion deficit in a word.
And we will do that, David,
together. We'll overcome that deficit. We've
overcome other problems, other situations.
Eight years ago we faced a $5 billion deficit.
It's a matter of numbers.
33
But together, by getting our heads
together and our hearts together, we'll go
forward here in this state. We will provide
the leadership, each and every one of us,
collectively and together, so that we go
forward.
And I welcome and congratulate
those new members that joined this great
institution of the New York State Senate.
We're here with Senator Flanagan, Senator
Robach, Senator Little, Senator Marty Golden
from Brooklyn, and Senator Olga Mendez, who
continues to make history here in New York
State and in the United States.
(Applause.)
SENATOR BRUNO: And I also want
to welcome other new Senators -- Reverend
Senator Diaz and Senator Dilán,
Senator Parker, and Senator Sabini.
(Applause.)
SENATOR BRUNO: So there are
eight new people added to this chamber that
will help us in the work that we have to do.
We welcome you, we need your help, and we will
go forward together.
34
And that is going to be the byword.
When we have our differences in this chamber,
we'll discuss them openly, we will challenge
each other, we'll challenge ourselves, but
we'll join and we'll go forward together.
Thank you, colleagues, for your
support, and thank you, Madam President.
(Applause.)
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
we're handing up Resolution Number 3. I 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 3, that Steven M.
Boggess, of Sand Lake, New York, be, and he
hereby is elected Secretary of the Senate for
the years 2003-2004.
(Applause.)
THE PRESIDENT: The question is
on the resolution. All those in favor signify
by saying aye.
(Response of "Aye.")
35
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 of the State of
New York for the years 2003 and 2004.
(Applause.)
THE PRESIDENT: Secretary
Boggess, if you will come forward to be sworn
in.
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" --
SECRETARY OF THE SENATE BOGGESS:
-- that I will uphold the Constitution of the
36
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 Senate of the State of
New York" --
SECRETARY OF THE SENATE BOGGESS:
-- of the office of Secretary of the Senate of
the State of New York --
THE PRESIDENT: -- "to the best
of my ability" --
SECRETARY OF THE SENATE BOGGESS:
-- to the best of my ability --
THE PRESIDENT: -- "so help me
God."
SECRETARY OF THE SENATE BOGGESS:
-- so help me God.
37
(Applause.)
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
I believe there are still resolutions numbered
4 through 10 at the desk. 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,
Senate Resolution Number 4, that Catherine
Kirkland be, and she hereby is elected the
Official Stenographer of the Senate for the
years 2003-2004.
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, Ms. Kirkland.
(Applause.)
THE PRESIDENT: The Secretary
38
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
2003-2004.
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.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: The Assembly sent
for concurrence Assembly Concurrent Resolution
Number 6. Senator Bruno moved to substitute
Assembly Concurrent Resolution Number 6 for
Senate Concurrent Resolution Number 6.
THE PRESIDENT: Substitution
ordered.
39
The Secretary will read.
THE SECRETARY: Assembly
Concurrent Resolution Number 6, by Member of
the Assembly Silver, providing for a joint
assembly for the purpose of receiving a
message from the Governor.
THE PRESIDENT: On the
resolution, all those in favor please 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 inform
the Governor of the election of Joseph L.
Bruno as Temporary President of the Senate for
the years 2003-2004, 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.
40
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 chair appoints Senators Rath
and Diván to wait upon the Governor that the
Senate is ready to proceed here.
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
President of the Senate for the years
2003-2004, 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
41
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
The chair hereby appoints Senators
Robach and Sabini 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 of the Senate for the year 2002, as last
amended, be adopted as the Rules of the Senate
for the years 2003-2004.
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.
Senator Paterson.
SENATOR PATERSON: Madam
42
President, on behalf of the Minority, we would
like to formally inform the desk that we
reserve the right to attempt to change the
rules at a later date.
THE PRESIDENT: So noted, Senator
Paterson.
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
2003-2004.
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.
Senator Bruno.
SENATOR BRUNO: Madam President,
we are waiting for the representatives from
the Assembly to deliver their message that
they are organized and ready to proceed. It
takes them a little longer than it does us.
43
So if we will be patient for just a
few moments. And if they don't physically
deliver the message, we know they will
spiritually.
And we are now told that they are
on the way. So please, members, don't leave
your seats. They will deliver their message,
and then we will go join our colleagues in the
Assembly and the Governor.
THE PRESIDENT: Thank you,
Senator Bruno.
The Senate will come to order
again. The chair recognizes Assemblymen
Farrell and Barraga.
ASSEMBLYMAN BARRAGA: Madam
President, the Assembly is organized, and we
wait upon the members of the Senate for the
purpose of receiving the Governor's State of
the State message.
THE PRESIDENT: Thank you,
Assemblyman.
Senator Bruno.
SENATOR BRUNO: Madam President,
there being no further business to come before
the Senate, we will now proceed to the
44
Assembly chamber to hear the Governor's
message.
And we will stand adjourned until
January 13th at 3:00 p.m., intervening days to
be legislative days.
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 13th,
intervening days being legislative days.
The Senate is adjourned.
(Whereupon, at 12:50 p.m., the
Senate adjourned.)