Regular Session - January 5, 2005

                                                            1



         1                 NEW YORK STATE SENATE

         2

         3

         4

         5                THE STENOGRAPHIC RECORD

         6

         7

         8

         9

        10                   ALBANY, NEW YORK

        11                    January 5, 2005

        12                      12:07 p.m.

        13

        14

        15                    REGULAR SESSION

        16

        17

        18

        19  LT. GOVERNOR MARY O. DONOHUE, President

        20  STEVEN M. BOGGESS, Secretary

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    The invocation

        10       this afternoon will be given by The Right

        11       Reverend Daniel W. Herzog, Bishop of the

        12       Episcopal Diocese of Albany.

        13                  BISHOP HERZOG:    Let us pray.

        14                  Holy and gracious Father, we

        15       commend to Your love and Your mercy the people

        16       of this whole state, and particularly the

        17       members of the Senate.

        18                  We ask You in this session to

        19       direct them, by Your holy spirit, that they

        20       whom You have appointed leaders of Your

        21       people, they have their lives so formed and

        22       reformed and transformed that they may be

        23       suitable role models for all of us.

        24                  We ask You to bless their families

        25       and their constituencies and to let their



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         1       lives so glorify You that justice and peace

         2       may be done and that this state will continue,

         3       by Your mercy, free and independent.

         4                  Amen.

         5                  THE PRESIDENT:    The chair now

         6       hands down a message from the State Board of

         7       Elections, being the official certification of

         8       the duly elected members of the Senate, and

         9       directs that the same be filed.

        10                  So ordered.

        11                  I'd like to ask if there are any

        12       Senators present who have not yet taken their

        13       oaths of office.

        14                  (No response.)

        15                  THE PRESIDENT:    The Secretary

        16       will call the roll to ascertain a quorum.

        17                  THE SECRETARY:    Senator Alesi.

        18                  (No response.)

        19                  THE SECRETARY:    Senator Andrews.

        20                  (No response.)

        21                  THE SECRETARY:    Senator Balboni.

        22                  SENATOR BALBONI:    Here.

        23                  THE SECRETARY:    Senator Bonacic.

        24                  SENATOR BONACIC:    Here.

        25                  THE SECRETARY:    Senator Breslin.



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         1                  SENATOR BRESLIN:    Here.

         2                  THE SECRETARY:    Senator Brown.

         3                  (No response.)

         4                  THE SECRETARY:    Senator Bruno.

         5                  SENATOR BRUNO:    Here.

         6                  THE SECRETARY:    Senator Connor.

         7                  (No response.)

         8                  THE SECRETARY:    Senator

         9       DeFrancisco.

        10                  SENATOR DeFRANCISCO:    Here.

        11                  THE SECRETARY:    Senator Diaz.

        12                  SENATOR DIAZ:    Presente.

        13                  THE SECRETARY:    Senator Dilan.

        14                  SENATOR DILAN:    Here.

        15                  THE SECRETARY:    Senator Duane.

        16                  SENATOR DUANE:    Here.

        17                  THE SECRETARY:    Senator Farley.

        18                  SENATOR FARLEY:    Here.

        19                  THE SECRETARY:    Senator Flanagan.

        20                  SENATOR FLANAGAN:    Here.

        21                  THE SECRETARY:    Senator

        22       Fuschillo.

        23                  SENATOR FUSCHILLO:    Here.

        24                  THE SECRETARY:    Senator Golden.

        25                  SENATOR GOLDEN:    Here.



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         1                  THE SECRETARY:    Senator Gonzalez.

         2                  (No response.)

         3                  THE SECRETARY:    Senator Hannon.

         4                  SENATOR HANNON:    Here.

         5                  THE SECRETARY:    Senator

         6       Hassell-Thompson.

         7                  SENATOR HASSELL-THOMPSON:    Here.

         8                  THE SECRETARY:    Senator Johnson.

         9                  SENATOR JOHNSON:    Here.

        10                  THE SECRETARY:    Senator Klein.

        11                  SENATOR KLEIN:    Here.

        12                  THE SECRETARY:    Senator L.

        13       Krueger.

        14                  SENATOR LIZ KRUEGER:    Here.

        15                  THE SECRETARY:    Senator C.

        16       Kruger.

        17                  SENATOR KRUGER:    Here.

        18                  THE SECRETARY:    Senator Larkin.

        19                  SENATOR LARKIN:    Here.

        20                  THE SECRETARY:    Senator LaValle.

        21                  (No response.)

        22                  THE SECRETARY:    Senator Leibell.

        23                  SENATOR LEIBELL:    Here.

        24                  THE SECRETARY:    Senator Libous.

        25                  SENATOR LIBOUS:    Here.



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         1                  THE SECRETARY:    Senator Little.

         2                  SENATOR LITTLE:    Here.

         3                  THE SECRETARY:    Senator Maltese.

         4                  SENATOR MALTESE:    Here.

         5                  THE SECRETARY:    Senator

         6       Marcellino.

         7                  SENATOR MARCELLINO:    Still here.

         8                  THE SECRETARY:    Senator Marchi.

         9                  SENATOR MARCHI:    Present.

        10                  THE SECRETARY:    Senator Maziarz.

        11                  SENATOR MAZIARZ:    Here.

        12                  THE SECRETARY:    Senator McGee.

        13                  (No response.)

        14                  THE SECRETARY:    Senator Meier.

        15                  SENATOR MEIER:    Here.

        16                  THE SECRETARY:    Senator

        17       Montgomery.

        18                  (No response.)

        19                  THE SECRETARY:    Senator Morahan.

        20                  (No response.)

        21                  THE SECRETARY:    Senator Nozzolio.

        22                  SENATOR NOZZOLIO:    Present.

        23                  THE SECRETARY:    Senator Onorato.

        24                  (No response.)

        25                  THE SECRETARY:    Senator



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         1       Oppenheimer.

         2                  SENATOR OPPENHEIMER:    Here.

         3                  THE SECRETARY:    Senator Padavan.

         4                  SENATOR PADAVAN:    Here.

         5                  THE SECRETARY:    Senator Parker.

         6                  SENATOR PARKER:    Present.

         7                  THE SECRETARY:    Senator Paterson.

         8                  (No response.)

         9                  THE SECRETARY:    Senator Rath.

        10                  SENATOR RATH:    Here.

        11                  THE PRESIDENT:    Senator Bruno, a

        12       quorum is present.

        13                  SENATOR BRUNO:    Thank you, Madam

        14       President.

        15                  May we proceed?

        16                  THE PRESIDENT:    Yes, Senator

        17       Bruno.

        18                  I want to welcome everyone.  I'd

        19       like to welcome everyone back.  I see many

        20       familiar faces and some new faces.  Welcome.

        21                  I'm confident that after what I

        22       hope has been a wonderful holiday season,

        23       you're all ready for a hardworking, productive

        24       session.

        25                  We are certainly going to face some



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         1       new challenges this year, as well as some

         2       continuing challenges.  But I know, based on

         3       my past experience in working with this group,

         4       that you are ready, you are willing,

         5       definitely able, and we will have a productive

         6       session.  I know from my past experience with

         7       you that no challenge is too great, and we

         8       will overcome them this year.

         9                  I want to thank all of you for your

        10       cooperation, and I want to ask all of you, as

        11       we have in the past, to unite -- not for our

        12       own empowerment, but for the good of the

        13       people of the State of New York, our

        14       constituents.

        15                  Thank you for your support, for

        16       your willingness to work with us in the coming

        17       session, and best wishes for a successful

        18       session and for a happy, healthy, and safe new

        19       year.

        20                  The chair now hands down a

        21       communication from the Governor.

        22                  The Secretary will read.

        23                  THE SECRETARY:    "Dear Madam

        24       President:

        25                  "I would appreciate the privilege



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         1       of appearing before your honorable bodies in

         2       joint session on January 5, 2005, at 1:00 p.m.

         3       or as soon thereafter as may be convenient, to

         4       personally deliver my annual message to the

         5       Legislature.

         6                  "Sincerely, George E. Pataki."

         7                  THE PRESIDENT:    To be filed in

         8       the Journal.

         9                  Senator Johnson.

        10                  SENATOR JOHNSON:    Madam

        11       President, at this time I hand up the

        12       following resolution, ask that the title be

        13       read, and move for its immediate adoption.

        14                  THE PRESIDENT:    The Secretary

        15       will read.

        16                  THE SECRETARY:    By Senator

        17       Johnson, Senate Resolution Number 1, providing

        18       for the election of Joseph L. Bruno as

        19       Temporary President of the Senate for the

        20       years 2005-2006.

        21                  THE PRESIDENT:    Senator

        22       Schneiderman.

        23                  SENATOR SCHNEIDERMAN:    Madam

        24       President, I offer Senate Resolution Number 2,

        25       which I believe is at the desk, and I ask that



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         1       it be read.

         2                  THE PRESIDENT:    The Secretary

         3       will read the resolution.

         4                  THE SECRETARY:    By Senator

         5       Schneiderman, Senate Resolution Number 2,

         6       providing for the election of David Paterson

         7       as Temporary President of the Senate for the

         8       years 2005-2006.

         9                  THE PRESIDENT:    Senator

        10       Schneiderman.

        11                  SENATOR SCHNEIDERMAN:    Thank you,

        12       Madam President.

        13                  I rise to speak in support of

        14       Resolution Number 2.  And I know that there is

        15       widespread support for this resolution to

        16       nominate Senator David Paterson to be the

        17       Temporary President of the Senate.

        18                  And I know -- and I see the smiles

        19       on Senator Bruno's face and those of others,

        20       and I know of the high regard and affection

        21       that they hold for Senator Paterson.

        22                  But let me urge all of you that he

        23       has always had a strong voice, but he has

        24       emerged in the last two years since he's

        25       become Minority Leader as more than a voice,



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         1       as a force within this body, a force in

         2       cooperation with our colleagues on the other

         3       side of the aisle and at times a force to

         4       challenge them.

         5                  And I would submit to you that the

         6       strongest evidence I can muster in support of

         7       his candidacy today is what he has done for us

         8       in our conference.  He's made all of us

         9       better.  Because the sign of a great leader is

        10       not just to be a great individual voice, but

        11       to make all of us better.

        12                  And you look at the issues that

        13       have been raised here, from the great work

        14       coming up with innovative budget proposals

        15       Senator Breslin and our Finance staff did; the

        16       Minority report on Medicaid which he was able

        17       to do, in cooperation with Senator Bruno, who

        18       appointed him to the task force; the

        19       extraordinary work reviving the Rockefeller

        20       Drug issue, which was DOA when he became

        21       leader, done by our counsel staff and the

        22       force chaired by Senator Duane and Senator

        23       Montgomery; the task force on reform chaired

        24       by Senator Krueger.

        25                  And everyone here knows that if



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         1       there was a copyright action brought against

         2       the Brennan Center report by Senator Krueger

         3       and her task force, she would clearly prevail

         4       as far as the substance of that matter.

         5                  Look, look at what Senator Paterson

         6       has done to me since he's been leader.  I've

         7       been accused of bipartisanship, I've been

         8       accused of statesmanship, my anarchist

         9       socialist base has evaporated completely.  He

        10       has made all of us better.

        11                  And I urge all of you, if you

        12       provide your support for him today and then we

        13       have an amazing send-off party for our current

        14       leader, which we were prepared to plan, he

        15       would do the same for you.

        16                  So I don't know that he will win,

        17       but I encourage all of you to provide support

        18       for a truly great leader as we seek to move up

        19       and improve the quality of government in this

        20       state, Senator David Paterson.

        21                  Thank you.

        22                  THE PRESIDENT:    On the substitute

        23       resolution offered by Senator Schneiderman,

        24       all those in favor please signify by saying

        25       aye.



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         1                  (Response of "Aye.")

         2                  THE PRESIDENT:    Opposed, nay.

         3                  (Response of "Nay.")

         4                  THE PRESIDENT:    The nays have it.

         5       The resolution is defeated.

         6                  (Laughter.)

         7                  THE PRESIDENT:    Moving right

         8       along.

         9                  Senator Johnson.

        10                  SENATOR JOHNSON:    Madam

        11       President, I rise to nominate Senator Bruno to

        12       succeed himself as Senate Majority Leader and

        13       President Pro Tem.

        14                  Joe Bruno's succession to the

        15       Senate leadership ten years ago came as a

        16       breath of fresh air to the Senate.  His new

        17       regimen of on-time sessions and openness to

        18       all members has expedited the work of the

        19       Senate as a body and helped all members serve

        20       their constituents more effectively.

        21                  Under his leadership, New York

        22       State has made tremendous progress in

        23       expanding economic opportunities, protecting

        24       our environment, and improving the health and

        25       safety of the citizens of the Empire State.



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         1       Members on both sides of the aisle who have

         2       served under previous majority leaders agree

         3       that Joe Bruno's accomplishments surpass those

         4       of other leaders under whom they have served.

         5                  For these and many other reasons,

         6       I'm proud to nominate my good friend and

         7       colleague, Joe Bruno, to serve as Majority

         8       Leader and Senate President Pro Tem for the

         9       ensuing term.

        10                  THE PRESIDENT:    The question is

        11       now on the resolution.  All those in favor

        12       signify by saying aye.

        13                  (Response of "Aye.")

        14                  THE PRESIDENT:    Opposed, nay.

        15                  (Response of "Nay.")

        16                  THE PRESIDENT:    The resolution is

        17       adopted.

        18                  And the chair states for the record

        19       that Senator Joseph L. Bruno has been elected

        20       Temporary President of the New York State

        21       Senate for the years 2005 and 2006.

        22                  SENATOR BRUNO:    Thank you.

        23                  (Extended applause; standing

        24       ovation.)

        25                  THE PRESIDENT:    Senator Bruno,



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         1       will you please come forward and be sworn in

         2       as Temporary President of the Senate.

         3                  The chair will now acknowledge,

         4       prior to Senator Bruno's swearing in, that we

         5       have now also received a communication from

         6       the Senate Democratic Conference that Senator

         7       David Paterson was elected as the Minority

         8       Leader of the State Senate.

         9                  Senator Paterson.

        10                  (Extended applause; standing

        11       ovation.)

        12                  THE PRESIDENT:    Senator Paterson,

        13       you have the floor.

        14                  SENATOR PATERSON:    Just think

        15       what might have happened if I had gotten here

        16       on time.

        17                  (Laughter.)

        18                  SENATOR PATERSON:    Madam

        19       President, I would like to wish you a happy

        20       new year and thank you for your continued

        21       service to the state.

        22                  To my colleagues in the Democratic

        23       Senate Conference, I'd like to acknowledge my

        24       own honor and feeling of privilege to serve as

        25       your leader for two more years.



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         1                  To the members of the Majority, I'd

         2       like to thank you for assisting them in making

         3       me the Minority Leader for another two years.

         4                  And just to say that this has been

         5       the end of, well, a political process, and as

         6       professionals and as people who believe in

         7       public service, we have to understand that we

         8       come back here now with some great issues that

         9       we have to address -- skyrocketing Medicaid

        10       costs, we're the highest-taxed state in the

        11       union, issues relating to the opportunities of

        12       children to get their education all around the

        13       state and in every venue around the state,

        14       poor housing, substance abuse, crime,

        15       unemployment and underemployment, poor,

        16       inadequate health care facilities, and the

        17       ability of people in the state to live with

        18       each other in peace and harmony.

        19                  Those, I think, are our goals and

        20       those, I think, are our principles, and I pray

        21       that we'll never stray from them.

        22                  And let it not be confused that

        23       while there are some changes that we feel we

        24       need to make in terms of reforming our process

        25       and our procedures, that the view that we all



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         1       set out with, what we signed up to do when we

         2       ran for public office, can at times be

         3       obfuscated, but I think that within us we

         4       still have that drive.  We may disagree on

         5       some of the solutions, but I think we all want

         6       to dedicate ourselves to finding ways to

         7       improve the quality of life around the state.

         8                  So it will be my pleasure to work

         9       with the Majority Leader, Senator Bruno, who

        10       has been outstanding to this conference and

        11       has been fair and has talked about changing

        12       the procedures before it was politically

        13       expedient.  And so it will be my pleasure to

        14       work with him for two more years, and all of

        15       you.

        16                  So it is in that spirit that I

        17       thank you for acknowledging me at this time.

        18                  (Extended applause.)

        19                  THE PRESIDENT:    Senator Bruno,

        20       will you now come forward to be sworn in as

        21       Temporary President of the Senate.

        22                  Please raise your hand and repeat

        23       after me:  "I, Joseph L. Bruno --"

        24                  SENATOR BRUNO:    I, Joseph L.

        25       Bruno --



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         1                  THE PRESIDENT:    "-- do solemnly

         2       swear --"

         3                  SENATOR BRUNO:    -- do solemnly

         4       swear --

         5                  THE PRESIDENT:    "-- that I will

         6       uphold the Constitution of the United

         7       States --"

         8                  SENATOR BRUNO:    -- that I will

         9       uphold the Constitution of the United

        10       States --

        11                  THE PRESIDENT:    "-- and the

        12       Constitution of the State of New York --"

        13                  SENATOR BRUNO:    -- and the

        14       Constitution of the State of New York --

        15                  THE PRESIDENT:    "-- and that I

        16       will faithfully discharge the duties of the

        17       office of --"

        18                  SENATOR BRUNO:    -- and that I

        19       will faithfully discharge the duties of the

        20       office of --

        21                  THE PRESIDENT:    "-- Temporary

        22       President of the New York State Senate --"

        23                  SENATOR BRUNO:    -- Temporary

        24       President of the New York State Senate --

        25                  THE PRESIDENT:    "-- to the best



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         1       of my ability --"

         2                  SENATOR BRUNO:    -- to the best of

         3       my ability --

         4                  THE PRESIDENT:    "-- so help me

         5       God."

         6                  SENATOR BRUNO:    -- so help me

         7       God.

         8                  (Applause.)

         9                  THE PRESIDENT:    Ladies and

        10       gentlemen, our Temporary President of the

        11       New York State Senate, Joseph L. Bruno.

        12                  (Extended applause.)

        13                  SENATOR BRUNO:    Thank you.  I

        14       sincerely thank my colleagues for their

        15       confidence, for their support, which is

        16       continuing.

        17                  And I acknowledge the unanimous

        18       support here, and I thank you for that.  And I

        19       do recognize that the vote was closer than it

        20       should be.

        21                  (Laughter.)

        22                  SENATOR BRUNO:    But we are where

        23       we are as we start a brand-new legislative

        24       session.

        25                  And for those of you that will



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         1       recall, 228 years ago, in 1777, the Senate

         2       convened for the first time in Kingston.  I

         3       believe Senator Marchi was there.

         4                  (Laughter.)

         5                  SENATOR BRUNO:    People came

         6       together then, and they've come together

         7       throughout the years to govern.

         8                  Now, there are 61 of us presently

         9       in this chamber -- there will be 62 -- and

        10       we're all sent here by our constituencies

        11       respectively to govern.  And governing these

        12       days is quite a challenge.  It's a challenge

        13       for all of us.  It's a challenge for you in

        14       your constituencies.  It's a challenge to get

        15       here.  These are very difficult times.

        16                  And the people that elect you

        17       individually elect you to public service to

        18       come here and to work collectively in a

        19       partnership to improve the quality of their

        20       lives.  And, Senator Paterson, you said it,

        21       and Senator Schneiderman said it, and Senator

        22       Johnson, in talking about some of our lives.

        23                  There's a lot to be done, a lot to

        24       be done.  But think about the world that we're

        25       living in today and how different it is.  A



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         1       lot of the issues will be the same, but so

         2       many are different.  You think about what's

         3       going on in Indonesia, Malaysia, 150,000 plus

         4       people not on this earth any longer.  What

         5       happened since 9/11 here in this state.

         6                  So those are the challenges that

         7       people face in lives.  So when we take a look

         8       at what has to happen here, we have, and

         9       you're right, a lot of things that have to

        10       happen to improve the quality of life for this

        11       great Empire State.

        12                  But there's one message that I want

        13       to deliver as we all make New Year resolutions

        14       for this session, and that's a recognition

        15       that all of us have that we are sent here

        16       individually but to work collectively, as

        17       partners, here in this house, both sides of

        18       the aisle.

        19                  And I welcome the new members that

        20       are here.  On this side of the aisle, Senator

        21       George Winner, who has 26 years of experience

        22       in the Legislature, and he finally saw the

        23       light and joins us here.

        24                  And, Senator Winner, it's a

        25       pleasure.



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         1                  And Senator Jeff Klein, we welcome

         2       you.  And David -- Senator Valesky, we welcome

         3       you here.  And Diane Savino, we welcome you.

         4                  And there is Jose, who is my --

         5       Jose Serrano.  His dad, Congressman Serrano,

         6       who is here, was my counterpart in the

         7       Assembly when I chaired Consumer Protection

         8       and Congressman Serrano chaired Consumer

         9       Protection in the Assembly.  We were

        10       reminiscing about some of the great, great

        11       things that we did together.

        12                  And Senator Fuschillo, who

        13       presently chairs Consumer Protection, was

        14       eating his heart out.

        15                  (Laughter.)

        16                  SENATOR BRUNO:    But when you're

        17       great, you're great.

        18                  And we welcome Senator Serrano.

        19                  (Applause.)

        20                  SENATOR BRUNO:    But what do we

        21       have?  We have to do something about

        22       education, because the people that send us

        23       here, they want to educate their children,

        24       they want to educate themselves.  Why?  So

        25       they can have a better life.



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         1                  We need to stimulate our economy

         2       and continue to invest in job creation,

         3       because that's how you broaden your tax base.

         4       And we're going to have to do that together.

         5                  And we need a quality of health

         6       care.  Every individual in this state has a

         7       right to health care and the best health care

         8       that can be delivered through any system.  And

         9       we have that, and we have an obligation to

        10       continue that.

        11                  We need an infrastructure in mass

        12       transit, roads and bridges.

        13                  And, yes, we have to relieve the

        14       tax burden on the taxpayers here in this

        15       state, in the counties, continuing Medicaid

        16       reform.

        17                  But I'm asking you to partner, all

        18       of my colleagues here and those in the other

        19       house and the Governor.  And we'll be hearing

        20       his message shortly.  And I'm sure it will be

        21       a message of hope, of optimism.  And that's

        22       the message that we should take from here

        23       today, is one of hope and of optimism.

        24                  By working together collectively,

        25       we'll help resolve these problems that face us



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         1       here.  They're resolvable.  And we'll do it

         2       partnering.

         3                  But one of the things that none of

         4       us want to lose sight of is that the people

         5       that send us here are asking us and demanding

         6       that we reform the process by which we govern

         7       in this state.  And we're committed to

         8       reforming that process, all of us

         9       individually.

        10                  And the mother of all and the

        11       father of all reforms is budget reform.

        12       Budget reform.  Ten years in a row, budget

        13       reform has been Senate 1.  It will be again,

        14       because we still, together, have to get it

        15       done.  The people demand that we get it done.

        16       And we're hopeful that the Assembly will

        17       partner with us and get it done this year.

        18                  The bill that we will have before

        19       us is the bill that the Governor had vetoed,

        20       and that relates to '06.  We need to get it

        21       done for '05.

        22                  And I want to thank you, my

        23       colleagues, for unanimously supporting a

        24       budget reform package just a couple of weeks

        25       ago in this chamber, unanimously, that would



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         1       change the budget process this year and in the

         2       years to come in a very positive way.

         3                  And there are other reforms.  And

         4       I'm happy when I look around and see the

         5       chamber with very few empty seats.  Because I

         6       read in here that we shouldn't have empty

         7       seats in this chamber when we vote.  And I

         8       applaud that, and I support that.

         9                  And, Madam President, when you

        10       banged the gavel, I was observing all the

        11       empty seats on the left side of the aisle.

        12       And I'm happy to see that they followed their

        13       leader and are now here, because it's

        14       important that we be here to be

        15       representative, to vote and take some of these

        16       difficult votes.

        17                  When it's all done, the message is

        18       that we are here to govern.  Campaigns are

        19       over -- they'll be facing us soon enough, soon

        20       enough -- but we're here to govern.  And in

        21       this state, we govern together.  We govern

        22       together.

        23                  I think it was Abraham Lincoln --

        24       and I don't want to get too philosophical, but

        25       Abraham Lincoln, in times of great, great



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         1       strife, said, I believe, when he addressed

         2       Congress:  "A house divided against itself

         3       cannot stand."

         4                  With the things that we have to do,

         5       we can't be divided among ourselves here and

         6       we can't be divided with the Assembly, which

         7       we need to govern, and we can't be divided

         8       with the Governor.  We have to stand together

         9       and govern.  The people need it, they want it,

        10       they demand it.  And we're elected here to be

        11       responsive.  And I am very optimistic that we,

        12       we who represent the Empire State, will make

        13       this a united state.

        14                  So I want to thank you again, thank

        15       you for the support.  Senator Skelos, my

        16       deputy, and Senator Johnson, who chairs

        17       Finance, and all of the others that play major

        18       roles.  Each and every of you are important to

        19       our process, and I want to thank you.  Thank

        20       you for your support, thank you for your

        21       partnership, and thank you for your goodwill

        22       as we open what will be a very challenging but

        23       uplifting, rewarding session in the year 2005.

        24                  So thank you for the honor that you

        25       bestow upon me.



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         1                  And thank you, Madam President.

         2                  (Extended applause.)

         3                  THE PRESIDENT:    Senator Bruno.

         4                  SENATOR BRUNO:    Madam President,

         5       I believe Senate Resolution Number 3 is at the

         6       desk.  I would ask that the title be read and

         7       move for its immediate adoption.

         8                  THE PRESIDENT:    The Secretary

         9       will read.

        10                  THE SECRETARY:    By Senator Bruno,

        11       Senate Resolution Number 3, that Steven M.

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

        13       hereby is elected Secretary of the Senate for

        14       the years 2005-2006.

        15                  THE PRESIDENT:    The question is

        16       on the resolution.  All in favor please

        17       signify by saying aye.

        18                  (Response of "Aye.")

        19                  THE PRESIDENT:    Opposed, nay.

        20                  (No response.)

        21                  THE PRESIDENT:    The resolution is

        22       adopted.

        23                  And the chair states for the record

        24       that Steven M. Boggess has been duly elected

        25       Secretary of the New York State Senate for the



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         1       years 2005 and 2006.

         2                  (Applause.)

         3                  THE PRESIDENT:    If Mr. Boggess

         4       will come forward for his swearing in.

         5                  Please raise your right hand and

         6       repeat after me:  "I, Steven M. Boggess --"

         7                  SECRETARY OF THE SENATE BOGGESS:

         8       I, Steven M. Boggess --

         9                  THE PRESIDENT:    "-- do solemnly

        10       swear --"

        11                  SECRETARY OF THE SENATE BOGGESS:

        12       -- do solemnly swear --

        13                  THE PRESIDENT:    "-- that I will

        14       uphold the Constitution of the United

        15       States --"

        16                  SECRETARY OF THE SENATE BOGGESS:

        17       "-- that I will uphold the Constitution of the

        18       United States --"

        19                  THE PRESIDENT:    "-- and the

        20       Constitution of the State of New York --"

        21                  SECRETARY OF THE SENATE BOGGESS:

        22       -- and the Constitution of the State of

        23       New York --

        24                  THE PRESIDENT:    "-- and that I

        25       will faithfully discharge the duties of the



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         1       office --"

         2                  SECRETARY OF THE SENATE BOGGESS:

         3       -- and that I will faithfully discharge the

         4       duties of the office --

         5                  THE PRESIDENT:    "-- of Secretary

         6       of the New York State Senate --"

         7                  SECRETARY OF THE SENATE BOGGESS:

         8       -- of Secretary of the New York State

         9       Senate --

        10                  THE PRESIDENT:    "-- to the best

        11       of my ability --"

        12                  SECRETARY OF THE SENATE BOGGESS:

        13       -- to the best of my ability --

        14                  THE PRESIDENT:    "-- so help me

        15       God."

        16                  SECRETARY OF THE SENATE BOGGESS:

        17       -- so help me God.

        18                  (Applause.)

        19                  THE PRESIDENT:    Ladies and

        20       gentlemen, our Secretary of the New York State

        21       Senate, Steven M. Boggess.

        22                  (Applause.)

        23                  THE PRESIDENT:    Senator Bruno.

        24                  SENATOR BRUNO:    Madam President,

        25       I believe Senate Resolution 4 is at the desk.



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         1       I would ask that the title be read and move

         2       for its immediate adoption.

         3                  THE PRESIDENT:    The Secretary

         4       will read.

         5                  THE SECRETARY:    By Senator Bruno,

         6       Senate Resolution Number 4, that Catherine

         7       Kirkland be, and she hereby is elected the

         8       Official Stenographer of the Senate for the

         9       years 2005-2006.

        10                  THE PRESIDENT:    On the

        11       resolution, all in favor please signify by

        12       saying aye.

        13                  (Response of "Aye.")

        14                  THE PRESIDENT:    Opposed, nay.

        15                  (No response.)

        16                  THE PRESIDENT:    The resolution is

        17       adopted.

        18                  Congratulations, Ms. Kirkland.

        19                  (Applause.)

        20                  THE PRESIDENT:    Senator Bruno.

        21                  SENATOR BRUNO:    Madam President,

        22       I believe Senate Resolution Number 5 is at the

        23       desk.  I would ask that the title be read and

        24       move for its immediate adoption.

        25                  THE PRESIDENT:    The Secretary



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         1       will read.

         2                  THE SECRETARY:    By Senator Bruno,

         3       Senate Resolution Number 5, that William C.

         4       Martin be, and he hereby is elected

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

         6       2005-2006.

         7                  THE PRESIDENT:    On the

         8       resolution, all in favor please signify by

         9       saying aye.

        10                  (Response of "Aye.")

        11                  THE PRESIDENT:    Opposed, nay.

        12                  (No response.)

        13                  THE PRESIDENT:    The resolution is

        14       adopted.

        15                  Congratulations, Sergeant-at-Arms

        16       Martin.

        17                  (Applause.)

        18                  THE PRESIDENT:    Senator Bruno.

        19                  SENATOR BRUNO:    Madam President,

        20       I believe Resolutions Number 6 through 9 are

        21       at the desk.  I ask that the titles be read

        22       and move for their immediate adoption.

        23                  THE PRESIDENT:    The Secretary

        24       will read.

        25                  THE SECRETARY:    By Senator Bruno,



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         1       Concurrent Resolution Number 6 of the Senate

         2       and Assembly, providing for a joint assembly

         3       for the purpose of receiving a message from

         4       the Governor.

         5                  THE PRESIDENT:    The question is

         6       on the resolution.  All in favor please

         7       signify by saying aye.

         8                  (Response of "Aye.")

         9                  THE PRESIDENT:    Opposed, nay.

        10                  (No response.)

        11                  THE PRESIDENT:    The concurrent

        12       resolution is adopted.

        13                  The Secretary will read.

        14                  THE SECRETARY:    By Senator Bruno,

        15       Senate Resolution Number 7, resolved that the

        16       Temporary President appoint a committee of two

        17       to inform the Governor of the election of

        18       Joseph L. Bruno as Temporary President of the

        19       Senate for the years 2005-2006, and that the

        20       Senate is organized and ready to proceed with

        21       business and will meet with the Assembly in

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

        23       the Governor's message.

        24                  Resolved, that the Temporary

        25       President appoint a committee of two comprised



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         1       of Senator Flanagan and Senator Serrano, for

         2       the purpose of informing the Governor of the

         3       election of Joseph L. Bruno as Temporary

         4       President of the Senate for the years

         5       2005-2006, and that the Senate is organized

         6       and ready to proceed with business and will

         7       meet with the Assembly in the Assembly Chamber

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

         9       message.

        10                  THE PRESIDENT:    The question

        11       again is on the resolution.  All in favor

        12       please signify by saying aye.

        13                  (Response of "Aye.")

        14                  THE PRESIDENT:    Opposed, nay.

        15                  (No response.)

        16                  THE PRESIDENT:    The resolution is

        17       adopted.

        18                  And Senator Bruno appoints Senators

        19       Flanagan and Serrano to wait upon the Governor

        20       that the Senate is ready to proceed.

        21                  The Secretary will continue to

        22       read.

        23                  THE SECRETARY:    By Senator Bruno

        24       Senate, Resolution Number 8, resolved that the

        25       Temporary President appoint a committee of two



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         1       to wait upon the Assembly and inform that body

         2       of the election of Joseph L. Bruno as

         3       Temporary President of the Senate for the

         4       years 2005-2006, and that the Senate is

         5       organized and ready to proceed with business

         6       and will meet jointly with the Assembly in the

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

         8       Governor's message.

         9                  Resolved, that the Temporary

        10       President appoint a committee of two comprised

        11       of Senator Winner and Senator Valesky, for the

        12       purpose of waiting upon the Assembly and

        13       informing that body of the election of Joseph

        14       L. Bruno as Temporary President of the Senate

        15       for the years 2005-2006, and that the Senate

        16       is organized and ready to proceed with

        17       business and will meet jointly with the

        18       Assembly in the Assembly Chamber at 1:00 p.m.

        19       today to receive the Governor's message.

        20                  THE PRESIDENT:    The question

        21       again is on the resolution.  All those in

        22       favor please signify by saying aye.

        23                  (Response of "Aye.")

        24                  THE PRESIDENT:    Opposed, nay.

        25                  (No response.)



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         1                  THE PRESIDENT:    The resolution is

         2       adopted.

         3                  And Senator Bruno appoints Senators

         4       Winner and Valesky to wait upon the Assembly

         5       that the Senate is ready to proceed.

         6                  The Secretary will continue to

         7       read.

         8                  THE SECRETARY:    By Senator Bruno,

         9       Senate Resolution Number 9, providing for the

        10       hours of meeting by the Senate for the years

        11       2005-2006.

        12                  THE PRESIDENT:    The question is

        13       on the resolution.  All those in favor please

        14       signify by saying aye.

        15                  (Response of "Aye.")

        16                  THE PRESIDENT:    Opposed, nay.

        17                  (No response.)

        18                  THE PRESIDENT:    The resolution is

        19       adopted.

        20                  SENATOR BRUNO:    Madam President.

        21                  THE PRESIDENT:    Senator Bruno.

        22                  SENATOR BRUNO:    There being no

        23       further business to presently come before the

        24       Senate, I would move that we stand adjourned

        25       and that we all move to the Assembly chamber,



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         1       where we will hear the State of the State

         2       message by the Governor, our great Governor

         3       George Pataki, and that we stand adjourned

         4       until January 10, Monday, at 1:00 p.m., and

         5       intervening days to be legislative days.

         6                  THE PRESIDENT:    The Senate will

         7       now proceed to the Assembly chamber for the

         8       Governor's message, after which the Senate

         9       stands adjourned until Monday, January 10th,

        10       at 1:00 p.m., intervening days being

        11       legislative days.

        12                  (Whereupon, at 12:42 p.m., the

        13       Senate adjourned.)

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25



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