Wednesday, January 6, 1993

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 January 6, 1993 11 12:21 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR STAN LUNDINE, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Senate will come to order. 4 I'd like to ask everyone present 5 to rise and repeat the Pledge of Allegiance with 6 me. 7 (The assemblage repeated the 8 Pledge of Allegiance to the flag. ) 9 THE PRESIDENT: Please be 10 seated. 11 The invocation today will be 12 given by the Reverend Howard J. Hubbard, Bishop 13 of the Roman Catholic Diocese of Albany. Father 14 Hubbard. 15 MOST REV. HOWARD J. HUBBARD: Let 16 us pray. 17 O God of us all and Lord of 18 history, You promised in Your mighty love for 19 the human family, you shall be My people and I 20 will be your God. We pray in a spirit of hope 21 and expectation for Your blessing upon all who 22 are gathered here for this 1993 opening session 23 of the New York State Senate. In Your mighty 1 providence, O God of us all, You have endowed 2 those who serve and represent the people of New 3 York State in government with diverse gifts of 4 wisdom, imagination, resourcefulness, awareness 5 of our human frailty and a concern for the 6 common good. 7 The year 1992 witnessed unimagin 8 able suffering and radical dislocation for 9 millions of our brothers and sisters around the 10 world as well as the heroic efforts on the part 11 of many to support the human dignity and needs 12 of the homeless, the starving, the oppressed and 13 the voiceless as in the present mission of mercy 14 that our Marines are exercising in Somalia. 15 O caring God, bless, we pray, the 16 gifts that our governor and each legislator 17 bring to this year of opportunity to serve the 18 people of New York State. Embolden our public 19 servants to channel their efforts and energies 20 to address courageously the issues and critical 21 concerns that so many of our people have 22 directly experienced through unemployment, drug 23 and substance abuse, homelessness, as well as 1 victims of violence in many forms, be such 2 racially, ethnically or gender motivated. 3 Enable, O God, our leaders and 4 enable us, the people of New York State, to make 5 1992 the year of going the extra mile for one 6 another, especially for children, the most 7 vulnerable members of our human family, many of 8 whom are experiencing material and/or spiritual 9 poverty. 10 In Your compassion, O God of us 11 all, strengthen our resolve and enable us 12 together to pursue with cooperation and courage 13 the goals these critical times mandate. Through 14 it all, help us not to take ourselves too 15 seriously so that we can be free to listen to 16 and to learn from one another and to stretch our 17 imagination as well as our ingenuity to confront 18 the difficult tasks ahead. 19 For all this we pray, O God, in 20 Your sacred name, You who live and reign both 21 now and forever and ever. Amen. 22 THE PRESIDENT: Thank you, Bishop 23 Hubbard. 1 The Chair now hands down a 2 message from the state Board of Elections being 3 the official certification of the duly elected 4 members of the Senate, and directs that the same 5 be filed. So ordered. 6 I'd like to ask if there are any 7 Senators who -- present who have not taken their 8 oath of office. If so, if they would please 9 come to the front. 10 Please raise your right hands and 11 repeat after me: I do solemnly swear that I will 12 support the Constitution of the United States, 13 the Constitution of the state of New York and 14 that I will faithfully discharge the duties of 15 the office of Senator according to the best of 16 my ability. 17 Congratulations. 18 (Applause) 19 The Secretary will call the 20 roll. 21 THE SECRETARY: Senator Babbush. 22 (There was no response. ) 23 Senator Bruno. 1 SENATOR BRUNO: Here. 2 THE SECRETARY: Senator Connor. 3 (There was no response. ) 4 Senator Cook. 5 SENATOR COOK: Here. 6 THE SECRETARY: Senator Daly. 7 SENATOR DALY: Here. 8 THE SECRETARY: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: Here. 11 THE SECRETARY: Senator 12 Dollinger. 13 SENATOR DOLLINGER: Here. 14 THE SECRETARY: Senator Espada. 15 SENATOR ESPADA: Present. 16 THE SECRETARY: Senator Farley. 17 SENATOR FARLEY: Here. 18 THE SECRETARY: Senator Galiber. 19 SENATOR GALIBER: Here. 20 THE SECRETARY: Senator Gold. 21 (There was no audible response. 22 Senator Gold was present. ) 23 THE SECRETARY: Senator 1 Gonzalez. 2 (There was no response. ) 3 Senator Goodman. 4 SENATOR GOODMAN: Here. 5 THE SECRETARY: Senator 6 Halperin. 7 SENATOR HALPERIN: Here. 8 THE SECRETARY: Senator Hannon. 9 (There was no response. ) 10 Senator Hoffmann. 11 SENATOR HOFFMANN: Here. 12 THE SECRETARY: Senator Holland. 13 SENATOR HOLLAND: Here. 14 THE SECRETARY: Senator Johnson. 15 SENATOR JOHNSON: Here. 16 THE SECRETARY: Senator Jones. 17 SENATOR JONES: Here. 18 THE SECRETARY: Senator Kuhl. 19 SENATOR KUHL: Here. 20 THE SECRETARY: Senator Lack. 21 Senator Lack excused. 22 Senator Larkin. 23 SENATOR LARKIN: Here. 1 THE SECRETARY: Senator LaValle. 2 SENATOR LAVALLE: Here. 3 THE SECRETARY: Senator 4 Leichter. 5 SENATOR LEICHTER: Present. 6 THE SECRETARY: Senator Levy. 7 SENATOR LEVY: Here. 8 THE SECRETARY: Senator Libous. 9 SENATOR LIBOUS: Present. 10 THE SECRETARY: Senator Maltese. 11 (There was no response. ) 12 Senator Marchi. 13 SENATOR MARCHI: Here. 14 THE SECRETARY: Senator Marino. 15 SENATOR MARINO: Here. 16 THE SECRETARY: Senator 17 Markowitz. 18 SENATOR MARKOWITZ: Here. 19 THE SECRETARY: Senator 20 Masiello. 21 SENATOR MASIELLO: Oh, here. 22 THE SECRETARY: Senator Mega. 23 SENATOR MEGA: Here. 1 THE SECRETARY: Senator Mendez. 2 SENATOR MENDEZ: Here. 3 THE SECRETARY: Senator 4 Montgomery. 5 (There was no response. ) 6 Senator Nolan. 7 (There was no response. ) 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Here. 10 THE SECRETARY: Senator 11 Ohrenstein. 12 SENATOR OHRENSTEIN: Here. 13 THE SECRETARY: Senator Onorato. 14 SENATOR ONORATO: Here. 15 THE SECRETARY: Senator 16 Oppenheimer. 17 (There was no response. ) 18 Senator Padavan. 19 SENATOR PADAVAN: Here. 20 THE SECRETARY: Senator Pataki. 21 SENATOR PATAKI: Here. 22 THE PRESIDENT: A quorum is 23 present. 1 I'd like to see order because I 2 only get to speak to you once every two years. 3 Given that this, my opportunity, is rare, I 4 really appreciate this order and attention. 5 I want to welcome -- take this 6 opportunity to welcome all of you here, you and 7 your families who contribute so much to your 8 ability to serve, to the 1993 legislative 9 session. 10 I especially want to welcome the 11 new Senators, and offer a cordial welcome and 12 offer, at least on the part of this officer, to 13 work collegially with all of you. 14 I guess that makes the rest of 15 you "old" Senators, although I think that's only 16 in point of service, not necessarily in years. 17 I know that all of you, though, whether you have 18 served here in the Senate before or not, to some 19 extent have a new challenge. Because of redis 20 tricting, many districts are quite different and 21 you have new constituents. Certainly we all 22 face daunting challenges, but we're going to 23 give it the commitment and the energy that this 1 state so richly deserves. 2 Serving in the Senate is a very 3 great privilege, and I think each of you should 4 consider it as such. Serving in the 216th Sen 5 ate will, I believe, be a particularly rewarding 6 experience due to the distinguished leadership 7 of the Temporary President, Ralph Marino. The 8 Governor and I look forward to working with 9 Senator Marino and his very able staff and, 10 indeed, we look forward to working with all of 11 you as we face what is a challenging year, but 12 we also think a year of opportunity. 13 I'd also like to welcome 14 especially Senator Fred Ohrenstein, the Minority 15 Leader, a gentleman and a strong advocate on so 16 many critical issues that face us today. 17 Finally, I want to thank all of 18 you for the courtesies that you've extended. It 19 -- I reminded myself today that this is the 20 seventh time I've had the opportunity to begin a 21 Senate session, and I guess the fourth time on 22 this kind of an occasion where we're starting 23 anew. I look forward to this session ahead as 1 a -- with as much excitement and commitment as 2 any before. 3 The Chair now hands down a 4 communication from the Governor. The Secretary 5 will read. 6 THE SECRETARY: January 5th, 7 1993. Dear Mr. President: I would appreciate 8 the privilege of appearing before your honorable 9 bodies in joint session on Wednesday, January 10 the 6th, 1993 at 1:00 p.m., or as soon there 11 after as may be convenient, to deliver personal 12 ly my annual message to the Legislature. 13 Sincerely, Mario Cuomo. 14 THE PRESIDENT: To be filed. 15 SENATOR LEVY: Mr. President. 16 THE PRESIDENT: Senator Levy. 17 SENATOR LEVY: I hand up Senate 18 Resolution Number 1 and ask that it be read. 19 THE PRESIDENT: Secretary will 20 read. 21 THE SECRETARY: Senate Resolution 22 Number 1, by Senator Levy: 23 RESOLVED, that Senator Ralph J. 1 Marino be, and he hereby is elected Temporary 2 President of the Senate for the years 3 1993-1994. 4 THE PRESIDENT: On the 5 resolution, all those in favor say aye. 6 (Response of "Aye.") 7 THE PRESIDENT: Senator Levy, 8 proceed. Senator Levy is recognized. 9 SENATOR LEVY: Mr. President, 10 it's a genuine honor and privilege to rise to 11 nominate Senator Ralph J. Marino to be the 12 Senate Majority Leader and President Pro Tem for 13 his third term as Senate Majority Leader. 14 I've known Ralph for more than 30 15 years, and he's been a friend during that period 16 of time; and throughout those years I've seen 17 him carry out his governmental responsibilities 18 as a town councilman in the town of Oyster Bay, 19 as a member of a school board, and I had the 20 privilege of sitting next to him right here for 21 18 years when, during much of that period of 22 time, he chaired the Corrections Committee and 23 he quietly and resolutely built a nationwide 1 reputation for his expertise, his accomplish 2 ments and his achievements; and I served with 3 him and watched him in action as the chair of 4 the Long Island Senate delegation at very, very 5 difficult times, sometimes emotionally charged 6 times. 7 He demonstrated time and time 8 again his leadership qualities to all -- his 9 leadership qualities to those who disagreed with 10 him as well as to those who agreed with him; his 11 perpetual open-minded willingness to listen; his 12 warmth, his patience, and his calm regardless of 13 provocation and regardless of circumstances. 14 His great ability to persuade and 15 to influence catapulted him into being elected 16 as the Majority Leader in 1988 and re-elected in 17 1990. These qualities are his hallmark and his 18 tradition and, because of them, he was able to 19 forge a consensus within our diverse Majority 20 and with the Governor and the Assembly to 21 jointly, as an equal partner, to lead our state 22 through the drastic, the dire and the tumultuous 23 economic times of the past four years. 1 I say to you that a lesser man or 2 a lesser woman could not and would not have 3 succeeded. A lesser man or woman could not and 4 would not have overcome the unparalleled 5 reelection campaign waged against him this year 6 -- an election campaign from without which is 7 part of our system; a reelection campaign waged 8 against him from within, and a reelection 9 campaign waged against him as an assault when 10 "within" and when "without" combined in their 11 assault upon him. That Ralph Marino is here 12 today is a testimonial to him personally, to the 13 leader he is and the legislator that he has 14 been. 15 So, Ralph, in nominating you for 16 your third term as Majority Leader, I know that 17 I speak for the 33 other members of our Majority 18 when I say we like you, we respect you, we place 19 our trust in you again, and we will follow you 20 now and in the future as our leader. 21 Mr. President, it is my great 22 honor and privilege to nominate Senator Marino. 23 SENATOR GOLD: Mr. President. 1 Mr. President. 2 THE PRESIDENT: Senator Saland. 3 SENATOR SALAND: Mr. President, 4 thank you. 5 It is a distinct privilege and 6 honor to have the opportunity to second the 7 nomination of Senator Ralph Marino. Certainly, 8 I am not going to dwell upon his numerous 9 accomplishments, his 24 years of service, nor 10 his -- his recent successes as the Majority 11 Leader, and Temporary President over the course 12 of his prior two terms. 13 I would prefer, Mr. President, to 14 dwell on the subject of Ralph Marino -- Ralph 15 Marino the man, his character and the leadership 16 that he has afforded this chamber and not only 17 this chamber but the people of the state of New 18 York. 19 He serves not merely the people 20 of Nassau and Suffolk County in the 5th Senator 21 ial District. He has a larger responsibility 22 that the office to which we have nominated him 23 requires him to bear. Positions of authority 1 can be very heady, if not intoxicating, and, in 2 fact, I'm sure we all know people who do not 3 bear up to that authority as well as others. 4 They can't handle it. They seem, in time, to 5 undergo a metamorphosis that makes it difficult 6 to recognize the person whom we chose, the man 7 or woman who we close to serve in that position 8 of leadership, in that position of authority. 9 Senator Marino has served since 10 January of 1989 and he was picked for that 11 position by his colleagues, by the majority of 12 the Republican -- Republican Majority at that 13 time, because of the qualities that he lent - 14 his personal qualities, his intellect, his 15 distinguished record, but beyond that because of 16 the respect that he had earned among his 17 colleagues, and, interestingly, respect is 18 something that we don't acquire by way of 19 genetics. You can't buy it; no way in the world 20 it's marketable. Not only can't you buy it, but 21 you can't impose it on others. There's only one 22 way you get respect, and that's by earning it, 23 and Ralph Marino has earned the respect and the 1 loyalty of not only his conference, but of 2 people throughout this chamber, both sides of 3 the aisle, and people throughout New York. 4 He's a man who earned that re 5 spect not only from his colleagues and constitu 6 ents, but far and wide beyond the borders of 7 this state as well. He served extraordinarily 8 well as Temporary President but through some 9 extremely difficult times. He's responded to 10 his weighty responsibilities in a fashion that 11 not many could. 12 Make no mistake about it, he's a 13 man of dignity, humility, decency and grace, and 14 make no mistake about the fact that those 15 qualities should not be confused with a lack of 16 resolve, nor should they be confused with a lack 17 of will. 18 Ralph Marino is a leader. He's 19 been tested by many, not only here in this state 20 Capitol but, as alluded to earlier by Senator 21 Levy, under an extraordinary test under fire in 22 his district in his most recent reelection 23 campaign, a reelection campaign that saw what I 1 would consider to be a bizarre amalgam of 2 interests attempting to unseat him, and his 3 people knew and knew well, the kind of leader he 4 will be, the kind of representative he had been, 5 and returned him with overwhelming numbers. 6 He has risen to and excelled in 7 each of the challenges. And let me just remind 8 Leo Durocher, wherever he may be, that nice guys 9 can finish first, and we have in our ranks 10 amongst the nicest. He's finished first, will 11 continue to be first and he will lead us 12 successfully through two more years and, again, 13 Mr. President, my privilege to have the 14 opportunity to second Senator Marino's 15 nomination. 16 THE PRESIDENT: Senator Gold. 17 SENATOR GOLD: Thank you, Mr. 18 President. 19 Mr. President, I offer up the 20 following substitute resolution, and I say very 21 respectfully to Senator Levy and Senator Saland 22 that your resolution is not bad. I just wanted 23 to offer you something that's a little better. 1 I was a little taken back by 2 Senator Levy saying that he was speaking on 3 behalf of himself and 33 others. Right away 4 politics! We're here, Senator Levy, to elect an 5 officer of the Senate. If you want Senator 6 Marino as a Republican leader, I think that's a 7 great choice, but talking for the Senate as a 8 whole -- by the way, as an aside, Senator 9 Marino, in case we're not successful, I want you 10 to know I always liked you. 11 I want to also point out that my 12 resolution has significant support. I think 13 we're at 26 and a half if you count the little 14 Santiago over there; so we're not that far off. 15 The new Democratic Senate members 16 are here ready for business and, when the 17 expression is used as it was a few minutes ago 18 about having a consensus, I think consensus 19 starts with a cross-section of the Conference 20 and, if you look at our Conference as it's 21 developed under the leadership of the gentleman 22 sitting at my right, we are very proud. 23 There are seven women in the New 1 York State Senate. You will find them on this 2 side of the aisle. There are four members of 3 the Senate with Puerto Rican/Hispanic back 4 grounds. You will find them on this side of the 5 aisle. We have five members of the Afro 6 American culture and background. You will find 7 them on this side of the aisle. We're very 8 proud of that, and that has developed over a 9 period of time whereby a Senator from the West 10 Side of New York, New York City, who's been here 11 for some 31 years and spent 17 of those years as 12 the Democratic leader, and things like I've just 13 spoken about don't happen by accident. They 14 happen because you get a certain moral tone from 15 the top. You get a certain concern from the top 16 and then you can effectuate those kind of 17 things. 18 Fred Ohrenstein, by definition, 19 is bright; he's articulate; he's energetic; he's 20 dedicated. He pays half my mortgage, but those 21 of you who know him -- and that should be 22 everybody in this chamber -- know that he is an 23 outstanding spokesman for things which really 1 matter in this state -- individual rights, 2 fiscal integrity of this Legislature, openness 3 of this Legislature, safety of individuals 4 regardless of their race, their religion, their 5 biases of one sort or another with regard to 6 their personal life, to the environment, 7 transit, you-name-it issue, and there is no area 8 where Fred Ohrenstein was has not been out 9 spoken and indicated strong leadership. 10 As a matter of fact, if he had 11 been the leader prior to this, we would already 12 have major legislative reform. We would already 13 have a bias crime bill that meant something. We 14 would already have fairness throughout the 15 systems greater than we've been able to develop 16 over the years. 17 I take nothing away from a good 18 friend and certainly a dedicated public servant, 19 Senator Marino, but I would urge that we -- we 20 do what the -- what I would like to see the 21 state do, get a little less political, a little 22 more governmental in our thinking and accept the 23 substitute resolution and make Senator Manfred 1 Ohrenstein our new President Pro Tem and 2 Majority Leader. 3 THE PRESIDENT: On the resolution 4 nominating Senator Marino as the Temporary 5 President of the Senate, all those in favor say 6 aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response. ) 10 The ayes have it. The Temporary 11 President of the Senate, Senator Ralph Marino. 12 (Applause) 13 The Chair will acknowledge that 14 we have received a communication that Senator 15 Ohrenstein has been elected Minority Leader. 16 (Applause) 17 I apologize for being 18 presumptuous in my earlier remarks in referring 19 to you in your positions to which you've just 20 been elected. 21 The swearing in of the Temporary 22 President of the Senate: I do solemnly swear 23 that I will support the Constitution of the 1 United States, the Constitution of the state of 2 New York, and that I will faithfully discharge 3 the duties of the office of Temporary President 4 of the Senate according to the best of my 5 ability. 6 Congratulations. 7 SENATOR MARINO: Thank you very 8 much. 9 (Applause) 10 THE PRESIDENT: Senator Marino. 11 SENATOR MARINO: Mr. President, 12 we have a committee here from the Assembly, 13 Assemblyman Cochrane and Assemblyman Friedman. 14 THE PRESIDENT: Assemblyman 15 Friedman. Assemblyman Friedman? 16 SENATOR MARINO: Would you 17 welcome them, please, and I understand they have 18 a message from the Assembly. 19 THE PRESIDENT: Message from the 20 Assembly. 21 ASSEMBLYMAN FRIEDMAN: Oh, we've 22 been instructed to invite this honorable body to 23 join us in the Assembly chamber to receive a 1 message from the Governor. 2 THE PRESIDENT: Thank the members 3 of the Assembly. The message is received and 4 accepted. 5 Senator Marino. 6 SENATOR MARINO: Mr. President, I 7 know the time is short, but I just wanted to 8 thank Senator Levy, Senator Saland and even 9 Senator Gold for the kind remarks which permit 10 me to continue two more years as the Majority 11 Leader here. 12 I look forward to service with 13 Senator Ohrenstein who has always been most 14 cooperative with me and as the leader of the 15 Minority in getting the business of this chamber 16 done year in and year out in a very competent 17 manner. 18 We have tough times, we've had 19 tough times, and I've enjoyed the cooperation of 20 Senator Ohrenstein and the Democrats and that 21 side of the aisle as well as the Republicans on 22 our side. 23 With the faltering economy, it 1 has not been easy and we've had other problems, 2 as you know. We've got to address the problem 3 of the capital infusion for the MTA, the Blue 4 Cross-Blue Shield problem that confronts us 5 right now, the problem of jobs and taxes and the 6 economy and education and social services that 7 we all are very sensitive to and we will, I'm 8 sure, work together, Senator Ohrenstein and 9 myself, the Governor and the Speaker in getting 10 -- getting those problems resolved in a manner 11 befitting the wonderful people of this state. 12 We will do it, hopefully, in a manner which 13 gives credit -- brings credit to all of us and 14 in a manner in which we will be jointly 15 compromising, cooperating and trying to work out 16 the solutions to very pressing needs of our 17 people. 18 So while we may disagree during 19 the session, I know it will be in a spirit which 20 will be dedicated to our best efforts on behalf 21 of all of the people of New York State and, if 22 we do that, then I'm content that we will have a 23 very productive session and that we will leave 1 here with a feeling of accomplishment. 2 So I thank you in anticipation of 3 your cooperation, Senator Ohrenstein, and the 4 members of your Conference, and I know that the 5 members of my conference look forward to a very 6 productive session. 7 I am very pleased to welcome the 8 new Senators here today: Senator Pataki, on my 9 side, Senator Wright, Senators DeFrancisco and 10 Nozzolio. I'm sure you'll all be happy to vote 11 for all of these tough measures, and jump in the 12 pool with all the rest of us to ensure that a 13 proper job is done this year. 14 I also want to acknowledge the 15 election of some good Democrat candidates: 16 Nellie Santiago, Mary Ellen Jones from my own 17 home town, I understand, who is here; Pedro 18 Espada, and Richard Dollinger. And congratula 19 tions on your elections. I wish you well and, 20 if you have any problems, see this guy over 21 here. 22 So welcome to everybody. I'm 23 sure we'll work together very well. 1 Thank you. 2 (Applause) 3 THE PRESIDENT: Senator 4 Ohrenstein. 5 SENATOR OHRENSTEIN: Mr. 6 President, very briefly, I too would like to, 7 first of all, thank Senator Gold for those very 8 warm remarks, and I very much appreciate what 9 you have said, and I thank you for it. 10 I also want to thank the Demo 11 cratic members of the Senate for their continued 12 confidence in me and in my leadership. I look 13 forward to a very, very productive year. I 14 particularly look forward to working with a new 15 Democratic administration in Washington to bring 16 changes to this country both in the way 17 government is administered and in the way we 18 deal with our economy and the many, many issues 19 that are plaguing our people. 20 So I think while it will be 21 difficult, I think it will also be a very, very 22 productive year and very, very exciting as we 23 look for new and -- for new departures particu 1 larly in Washington. I also look forward to 2 working with you, with the Governor and the 3 Lieutenant Governor and, of course, the Speaker 4 of the Assembly in -- in fashioning a Democratic 5 program which will look forward to solving these 6 many problems. 7 I certainly want to congratulate 8 my colleague and friend, Senator Marino, who has 9 had a tough year, and I do want to congratulate 10 him for the several election victories that he 11 has obtained this year, and I think he not only 12 was victorious but he earned those victories in 13 the way he's conducted himself, and I look 14 forward to working with him and all of you in 15 this very difficult time. 16 I simply want to say one thing: I 17 had an earlier occasion to speak here when one 18 of our new members was sworn in, Senator 19 Santiago, and I at that time was -- explained or 20 I tried to explain the Constitution of the state 21 of New York to those assembled, and I called to 22 their attention the fact that Senator Marino, 23 while he may be the Majority Leader, is also 1 elected as the Temporary President of the Senate 2 and I want to emphasize that word that he is the 3 "Temporary" President of the Senate, so don't 4 let your head get too big on that subject. 5 And finally, I want to join 6 Senator Marino in welcoming all of the new 7 members on the Republican side and, of course, 8 particularly the members -- the new members on 9 our side: Senator Santiago, Senator Dollinger, 10 and Senator Espada, and Senator Mary -- Senator 11 Jones, Mary Ellen Jones, from Rochester, and 12 let's look forward to a good, productive and 13 exciting year. 14 (Applause) 15 THE PRESIDENT: Resolution. 16 Senator Marino. 17 SENATOR MARINO: Yes, may we have 18 Resolution Number 3? 19 THE PRESIDENT: Secretary will 20 read. 21 THE SECRETARY: Senate Resolution 22 Number 3, by Senator Marino: 23 RESOLVED, that Stephen F. Sloan 1 of Guilderland be, and he hereby is elected 2 Secretary of the Senate for the years 3 1993-1994. 4 THE PRESIDENT: All those in 5 favor, say aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response. ) 9 The ayes have it. The resolution 10 is adopted. 11 Please repeat after me -- raise 12 your right hand and repeat after me: I do sol 13 emnly swear that I will support the Constitution 14 of the United States, the Constitution of the 15 state of New York and that I will faithfully 16 discharge the duties of the office of Secretary 17 of the Senate according to the best of my 18 ability. 19 Congratulations. 20 (Applause) 21 Senator Marino. 22 SENATOR MARINO: Mr. President, 23 we have the two resolutions appointing 1 committees to inform the Governor and the 2 Assembly, and I would suggest that there's a 3 little more business to be conducted and, after 4 the speech of the Governor's, we should return 5 here and quickly get rid of that business and 6 then adjourn for the day. 7 THE PRESIDENT: So that after 8 this resolution, the Senators will proceed 9 immediately to the Assembly chamber and we will 10 then return here after the conclusion of the 11 Governor's message. 12 The Secretary will read. 13 THE SECRETARY: Senate Resolution 14 Number 6, by Senator Marino: 15 RESOLVED, that the Senate and 16 Assembly meet in joint assembly in the Assembly 17 chamber at 1:00 p.m. today, for the purpose of 18 receiving a message from the Governor. 19 Senate Resolution Number 7, by 20 Senator Marino: 21 RESOLVED, that the President 22 appoint a committee of two to inform the 23 Governor of the election of Ralph J. Marino as 1 Temporary President of the Senate for the years 2 1993-1994, the Senate is organized and ready to 3 proceed with business, and will meet with the 4 Assembly in the Assembly chamber at 1:00 p.m., 5 to receive the Governor's message. 6 THE PRESIDENT: All in favor - 7 pardon? All in favor say aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response. ) 11 The ayes have it. The 12 resolutions are adopted. The Chair appoints 13 Senator Padavan and Senator Espada to wait upon 14 the Governor. 15 The Secretary will read. 16 THE SECRETARY: Resolution Number 17 8, by Senator Marino: 18 RESOLVED, that the President 19 appoint a committee of two to wait upon the 20 Assembly and inform that body of the election of 21 Ralph J. Marino as Temporary President of the 22 Senate for the years 1993-1994, that the Senate 23 is organized and ready to proceed with business 1 and will meet jointly with the Assembly in the 2 Assembly chamber at 1:00 p.m. today to receive 3 the Governor's message. 4 THE PRESIDENT: On the 5 resolution, all those in favor say aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response. ) 9 The ayes have it. The resolution 10 is adopted. 11 The Chair appoints Senator Pataki 12 and Senator Jones to wait upon the Assembly. 13 The Senate will now stand in 14 recess. 15 (Whereupon at 12:58 p.m., the 16 Senate recessed until 2:19 p.m.) 17 THE PRESIDENT: The Senate will 18 reconvene. 19 I understand that Senator 20 Montgomery has not taken her oath. If you would 21 raise your right hand and repeat after me: I do 22 solemnly swear that I will support the Constitu 23 tion of the United States, the Constitution of 1 the state of New York, and that I will faithful 2 ly discharge the duties of the office of Senator 3 according to the best of my ability. 4 Congratulations. 5 (Applause) 6 Senator Marino. 7 SENATOR MARINO: Mr. President, 8 I'd like to hand up a resolution. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Senate Resolution 12 Number 4, by Senator Marino: 13 RESOLVED, that Pauline Williman 14 be, and she hereby is elected the Official 15 Stenographer of the Senate for the years 16 1993-1994. 17 THE PRESIDENT: All those in 18 favor say aye. 19 (Response of "Aye.") 20 Opposed nay. 21 (There was no response. ) 22 The ayes have it. The resolution 23 is adopted. 1 Senator Marino. 2 SENATOR MARINO: Thank you, Mr. 3 President. 4 I hand up the following 5 resolution, ask for its passage. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: Senate Resolution 9 Number 5, by Senator Marino: 10 RESOLVED, that John P. Everhardt 11 be, and he hereby is elected Sergeant-at-Arms of 12 the Senate for the years 1993-1994. 13 THE PRESIDENT: On the 14 resolution, all those in favor say aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 The ayes have it. The resolution 19 is adopted. 20 Senator Marino. 21 SENATOR MARINO: I'd like to hand 22 up the following resolution and ask for its 23 adoption. 1 THE PRESIDENT: Secretary will 2 read. 3 THE SECRETARY: Senate Resolution 4 Number 9, by Senator Marino: 5 RESOLVED, that the rules of the 6 Senate for the year 1991 as last amended be 7 adopted as the rules of the Senate for the years 8 1993-1994. 9 SENATOR LEICHTER: Mr. 10 President. 11 THE PRESIDENT: Senator 12 Leichter. 13 There will be order in the 14 chamber. 15 SENATOR LEICHTER: Senator 16 Marino, I haven't had a chance to check with the 17 Minority Leader on that, but at least just 18 speaking for myself, I think in the past we've 19 always put that aside until we've had a chance 20 to -- to look at it more carefully and then have 21 an opportunity to make comment. 22 SENATOR MARINO: I think we've 23 passed it in the past. My recollection, 1 Senator, is that we have passed the resolution 2 always on condition that the Minority can bring 3 up the rules again at some future date. 4 SENATOR LEICHTER: All right. 5 And that is all right. I have no problem with 6 that. Thank you. 7 THE PRESIDENT: On the 8 resolution, all those in favor say aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response. ) 12 The ayes have it. The resolution 13 is adopted. 14 Senator Marino. 15 SENATOR MARINO: I hand up the 16 following resolution and ask for its adoption, 17 please. 18 THE PRESIDENT: Secretary will 19 read. 20 THE SECRETARY: Senate Resolution 21 Number 10, by Senator Marino: 22 RESOLVED, that unless otherwise 23 ordered by the Senate, the hours of meeting 1 shall be as follows: Mondays 2:30 p.m.; 2 Tuesdays, 3:00 p.m.; Wednesdays and Thursdays at 3 11:30 a.m., and Fridays at 10:00 a.m. 4 THE PRESIDENT: On the 5 resolution, all those in favor say aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response. ) 9 The ayes have it. The resolution 10 is adopted. 11 SENATOR MARINO: Mr. President, 12 we have Senator Volker has a - 13 THE PRESIDENT: Senator Volker. 14 SENATOR MARINO: Senator Volker 15 has two privileged resolutions which are very 16 important to the state of New York. 17 THE PRESIDENT: Senator Volker. 18 SENATOR VOLKER: Mr. President, 19 would you read -- I don't have the numbers on 20 here. Would you read the first of these 21 resolutions, whatever number they are -- I don't 22 see a number on here -- as relating to 23 recognizing the Buffalo Bills football team on 1 the occasion of their record-setting come 2 back. 3 THE SECRETARY: Legislative Reso 4 lution, by Senator Volker and others, recogniz 5 ing the Buffalo Bills football team upon the 6 occasion of their record-setting comeback 7 against the Houston Oilers. 8 SENATOR ONORATO: Would you give 9 us the score? 10 SENATOR VOLKER: Mr. President. 11 THE PRESIDENT: Senator Volker. 12 SENATOR VOLKER: The score is 13 ever emblazoned on my mind: 41-38. 14 Mr. President, the resolution and 15 the one that follows commending Frank Reich for 16 the greatest comeback in professional football 17 league history, were put together with the help 18 of Senator Stachowski and others in western New 19 York, and already on the resolution are the 20 western New York legislators and Senator Marino 21 and Senator Ohrenstein. Anyone else who would 22 like to go on -- matter of fact, we thought 23 about putting the entire Senate on, but we 1 thought we'd better first ask, so if anybody 2 would like to go on -- maybe first I should ask 3 if anybody would not like to go on. Senator 4 Padavan -- no. But anyway, we would like 5 everybody to go on this. 6 We commend the Bills, and the 7 next resolution commends the quarterback, Frank 8 Reich, and we are going to deliver these 9 resolutions to the Buffalo Bills post haste. 10 Thank you. 11 SENATOR MARINO: Mr. President, 12 since the Jets or Giants did not qualify this 13 year - 14 THE PRESIDENT: Senator Marino. 15 SENATOR MARINO: Since the Jets 16 or Giants did not qualify this year, I think 17 this is an exceptional resolution, and I join 18 with my colleague in passing it. 19 SENATOR STACHOWSKI: On the 20 resolution, Mr. President. 21 THE PRESIDENT: On the resolution 22 -- Senator Stachowski. Excuse me. 23 SENATOR STACHOWSKI: As far as I 1 know, nobody on the Minority objects to being on 2 this resolution and on behalf of the people, 3 including myself, who stayed for the game, as 4 Senator Volker did, we're happy to have them on 5 this resolution. 6 THE PRESIDENT: Are you 7 suggesting that anybody who turned out for 8 television but didn't stay for the whole game 9 should be allowed to be on this? 10 SENATOR STACHOWSKI: No. 11 THE PRESIDENT: The Chair 12 misunderstood. The Chair misunderstood. 13 On the resolution, all those in 14 favor say aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 The ayes have it. The Buffalo 19 Bills remain honored forever. 20 SENATOR MARINO: Mr. President. 21 THE PRESIDENT: Senator Volker. 22 I'm sorry. 23 SENATOR VOLKER: Yeah, I'd like 1 to second -- the second resolution on Frank 2 Reich too. 3 THE PRESIDENT: I thought I took 4 care of them both together. 5 On the resolution regarding 6 quarterback Frank Reich, all those in favor say 7 aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response.) 11 The ayes have it. The resolution 12 is adopted. 13 Senator Marino. 14 SENATOR MARINO: Mr. President, 15 there being no further business, I move we 16 adjourn until Monday, January 11th, at 2:30, 17 intervening days to be legislative days. 18 THE PRESIDENT: The Senate stands 19 adjourned. 20 (Whereupon at 2:25 p.m., the 21 Senate adjourned. ) 22