Wednesday, January 3, 1996

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 January 3, 1996 11 12:14 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 24 25 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. The Secretary will call the 4 roll. 5 Would you all please rise and 6 join me in the Pledge of Allegiance. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 We will have a moment of 10 silence. 11 (A moment of silence was 12 observed. ) 13 The Secretary will call the 14 roll, please. 15 THE SECRETARY: Senator Abate. 16 SENATOR ABATE: Present. 17 THE SECRETARY: Senator 18 Babbush. 19 (There was no response. ) 20 Senator Bruno. 21 SENATOR BRUNO: Present. 22 THE SECRETARY: Senator 23 Connor. 24 SENATOR CONNOR: Present. 25 THE SECRETARY: Senator Cook. 1 (There was no audible 2 response.) 3 THE SECRETARY: Senator 4 DeFrancisco. 5 (There was no audible 6 response.) 7 Senator DiCarlo. 8 SENATOR DiCARLO: Here. 9 THE SECRETARY: Senator 10 Dollinger. 11 (There was no response.) 12 Senator Espada. 13 (There was no response.) 14 Senator Farley. 15 SENATOR FARLEY: Here. 16 THE SECRETARY: Senator Gold. 17 (There was no response.) 18 Senator Gonzalez. 19 SENATOR GONZALEZ: Here. 20 THE SECRETARY: Senator 21 Goodman. 22 (There was no audible 23 response.) 24 Senator Hannon. 25 (There was no response.) 1 Senator Hoblock. 2 (There was no response.) 3 Senator Hoffmann. 4 SENATOR HOFFMANN: Here. 5 THE SECRETARY: Senator 6 Holland. 7 SENATOR HOLLAND: Here. 8 THE SECRETARY: Senator 9 Johnson. 10 SENATOR JOHNSON: Here. 11 THE SECRETARY: Senator Jones. 12 SENATOR JONES: Here. 13 THE SECRETARY: Senator 14 Kruger. 15 (There was no response.) 16 Senator Kuhl. 17 SENATOR KUHL: Present. 18 THE SECRETARY: Senator Lack. 19 (There was no response.) 20 Senator Larkin. 21 SENATOR LARKIN: Present. 22 THE SECRETARY: Senator 23 LaValle. 24 SENATOR LAVALLE: Here. 25 THE SECRETARY: Senator 1 Leibell. 2 (There was no response.) 3 Senator Leichter. 4 (There was no response.) 5 Senator Levy. 6 SENATOR LEVY: Here. 7 THE SECRETARY: Senator 8 Libous. 9 SENATOR LIBOUS: Here. 10 THE SECRETARY: Senator 11 Maltese. 12 (There was no response.) 13 Senator Marcellino. 14 SENATOR MARCELLINO: Here. 15 THE SECRETARY: Senator 16 Marchi. 17 SENATOR MARCHI: Here. 18 THE SECRETARY: Senator 19 Markowitz. 20 (There was no response.) 21 Senator Maziarz. 22 SENATOR MAZIARZ: Here. 23 THE SECRETARY: Senator 24 Mendez. 25 (There was no response.) 1 Senator Montgomery. 2 (There was no response.) 3 Senator Nanula. 4 SENATOR NANULA: Here. 5 THE SECRETARY: Senator 6 Nozzolio. 7 SENATOR NOZZOLIO: Here. 8 THE SECRETARY: Senator 9 Onorato. 10 (There was no response.) 11 Senator Oppenheimer. 12 (There was no response.) 13 Senator Padavan. 14 (There was no response.) 15 Senator Paterson. 16 SENATOR PATERSON: Here. 17 THE SECRETARY: Senator 18 Present. 19 SENATOR PRESENT: Here. 20 THE SECRETARY: Senator Rath. 21 SENATOR RATH: Here. 22 THE SECRETARY: Senator 23 Saland. 24 (There was no response.) 25 Senator Santiago. 1 (There was no response.) 2 Senator Sears. 3 SENATOR SEARS: Here. 4 THE SECRETARY: Senator 5 Seward. 6 SENATOR SEWARD: Here. 7 THE SECRETARY: Senator 8 Skelos. 9 SENATOR SKELOS: Here. 10 THE SECRETARY: Senator Smith. 11 SENATOR SMITH: Present. 12 THE PRESIDENT: A quorum is 13 present. 14 There will be order. 15 The Chair now hands down a 16 communication from the Governor. The 17 Secretary will read. 18 THE SECRETARY: Dear Madam 19 President: I would appreciate the privilege of 20 appearing before your honorable bodies in 21 joint session on Wednesday, January 3rd, 1996, 22 at 1:00 p.m., or as soon thereafter as may be 23 convenient to deliver personally my annual 24 message to the Legislature. 25 Sincerely, George Pataki. 1 THE PRESIDENT: Senator Bruno. 2 Senator Bruno. 3 SENATOR BRUNO: Yes. Madam 4 President, Bishop Ball, colleagues, guests, we 5 are awaiting the arrival of two very 6 distinguished members of the New York State 7 Assembly, and hopefully they will join us 8 soon. In the meantime, I would like to just 9 add my opening for Senator John Marchi's 40th 10 session in this chamber. 11 (Standing ovation.) 12 THE PRESIDENT: Senator Bruno. 13 SENATOR BRUNO: Madam 14 President, I would suggest that, in deference 15 to our time, that we move on, and I believe 16 there is a resolution at the desk and I would 17 ask to read its title and move its immediate 18 adoption. 19 THE PRESIDENT: The Secretary 20 will read, please. 21 THE SECRETARY: By Senator 22 Bruno, Concurrent Resolution of the Senate and 23 Assembly: Resolved, if the Assembly concur, 24 that the Senate and Assembly meet in joint 25 assembly in the Assembly Chamber at 1:00 1 o'clock p.m. today for the purpose of 2 receiving a message from the Governor. 3 THE PRESIDENT: On the 4 resolution, all those in favor signify by 5 saying aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response.) 9 The ayes have it. The 10 resolution is adopted. 11 Senator Bruno. 12 SENATOR BRUNO: And, Madam 13 President, I believe you have an additional 14 resolution at the desk. Ask that you read its 15 title and move its adoption. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: By Senator 19 Bruno, Senate Resolution, that a committee of 20 two be appointed by Senator Bruno to inform 21 the Governor that the Senate has adjourned its 22 218th session sine die and has again convened 23 and is organized and ready to proceed to 24 business and will meet with the Assembly in 25 joint session in the Assembly Chamber at 1:00 1 p.m. today to receive the Governor's message. 2 THE PRESIDENT: On the 3 resolution, all those in favor signify by 4 saying aye. 5 (Response of "Aye.") 6 Opposed nay. 7 (There was no response. ) 8 The ayes have it. The 9 resolution is adopted. 10 The Chair appoints Senators 11 Johnson and Nanula to wait upon the Governor. 12 Senator Bruno. 13 SENATOR BRUNO: And, Madam 14 President, I believe there's an additional 15 resolution at the desk, ask that its title be 16 read and adopted. 17 THE PRESIDENT: Secretary will 18 read. 19 THE SECRETARY: By Senator 20 Bruno, Senate Resolution: Resolved that a 21 committee of two be appointed by Senator Bruno 22 to inform the Assembly that the Senate has 23 adjourned its 218th session sine die and has 24 again convened and is organized and ready to 25 proceed to business and will meet with the 1 Assembly in joint session in the Assembly 2 Chamber at 1:00 p.m. today to receive the 3 Governor's message. 4 THE PRESIDENT: On the 5 resolution, all those in favor signify by 6 saying aye. 7 (Response of "Aye.") 8 Those opposed say nay. 9 (There was no response. ) 10 The resolution is adopted. 11 The Chair appoints Senators 12 Hoblock and Abate to wait upon the Assembly. 13 Senator Bruno. 14 SENATOR BRUNO: Madam 15 President, we have an additional resolution to 16 set the hours of the meeting of the Senate, 17 ask you to read its title and move for its 18 immediate adoption. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: By Senator 22 Bruno, Senate Resolution: Resolved that, 23 unless otherwise ordered by the Senate, the 24 hours of meeting shall be as follows: Mondays, 25 3:00 p.m., Tuesdays 3:00 p.m., Wednesdays and 1 Thursdays at 1100 a.m., and Friday at 10:00 2 a.m. 3 THE PRESIDENT: The question is 4 on the resolution. All those in favor signify 5 by saying aye. 6 (Response of "Aye.") 7 Those opposed nay. 8 (There was no response. ) 9 The resolution is adopted. 10 Senator Bruno. 11 SENATOR BRUNO: Madam 12 President, we have an additional resolution at 13 the desk, request it at this time be read and 14 move for its adoption. 15 THE PRESIDENT: Secretary will 16 read. 17 THE SECRETARY: By Senator 18 Bruno, Legislative Resolution: Resolved that, 19 during the 219th Legislative Session, 20 notwithstanding any rule to the contrary, the 21 Temporary President when acting as President, 22 or the Senator presiding upon the designation 23 of the Temporary President during any such 24 period, shall be vested with all the powers 25 and duties conferred by the Rules of the 1 Senate, and by Section 40 of the Legislative 2 Law, upon the President. 3 THE PRESIDENT: The question is 4 on the resolution. All those in favor signify 5 by saying aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response.) 9 The resolution is adopted. 10 Senator Bruno. 11 SENATOR BRUNO: Madam 12 President, we will await our very 13 distinguished visitors and, in the meantime, I 14 have a few words that I would like to share 15 with my colleagues as we start this 1996 16 Legislative Session. 17 We start this session in the 18 absence of two members. One has gone on to 19 great public service -- Senator Solomon -- and 20 the other was a good friend for an awful lot 21 of years in this chamber who will no longer be 22 with us -- Senator Galiber. But these members 23 and many others that are with us here today, 24 have participated in a tradition that has made 25 this body unique here in New York State. 1 The process that we go through 2 is a very deliberative process, a very open 3 process, and in '95, we accomplished many, 4 many good things. We as representatives of 5 the people, representing the people, helped 6 improve the quality of lives of the people of 7 this state. We can be proud of that. We're 8 going forward to hear a State of the State by 9 our Governor, George Pataki, former colleague 10 here, and in his State of the State, we will 11 hear a continued message of hope and growth 12 for the people of this state. 13 We, this year, have together - 14 and I emphasize "together" -- both sides of 15 the aisle, both houses, with the executive 16 branch, have done some remarkable things. 17 When we reflect back on '95 and look forward 18 to '96, we truly can be proud. 19 Created jobs: The most 20 important thing to a person is their dignity 21 to be able to work and earn a living. Created 22 over 100,000 jobs this past year going from 23 50th in job creation to presently the 6th in 24 the country. 25 We have reduced crime 1 substantially, improving the quality of life 2 for all New Yorkers. 3 We have helped people become 4 more independent, to be able to relate in 5 society and advance themselves. There are - 6 and we can be proud of this -- 176,000 fewer 7 people on welfare in this state than there 8 were a year ago and that's thanks to our 9 efforts in helping these people through 10 Workfare, about 36,000 people on Workfare 11 earning their living -- part of their living. 12 We can be proud of that, and that's something 13 that we did together. 14 As we move forward, we are 15 going to do so much more of the things that 16 are important to the people in this state, and 17 we're going to do it in an open way. We have 18 opened the legislative process beyond most 19 people's imagination and comprehension, and 20 we're going to do the rest this year. 21 Our sessions are open. We have 22 advocated open budget negotiations. We 23 advocated and have seen enacted conference 24 committees. Our own process will be open. 25 Our expenditures and our budgets will be open 1 to the public, as we move forward, so that we 2 can be proud of what we do and how we do it, 3 and, more important, the people of this state 4 can be proud that they have -- that they elect 5 us to represent them, and we can be proud that 6 we do the job as they'd like to have it done. 7 So 1996 will be a banner year 8 for us and the people that we represent and we 9 will continue to work together, this side of 10 the aisle and this side of the aisle, with the 11 Assembly and with the Governor and we will 12 follow the Governor's leadership in continuing 13 to turn this state around so that all of us 14 can recognize that New York truly is the 15 Empire State. 16 And speaking of the Assembly, 17 Madam President, I am aware of the presence 18 again of two very distinguished late members 19 of the Assembly who have now joined us, and I 20 believe - 21 SENATOR SKELOS: How do you 22 define "late"? 23 SENATOR BRUNO: Late in time 24 and in no other reference, and they have a 25 message, Madam President, that they would like 1 to share with the Senate. 2 THE PRESIDENT: I'd like to 3 welcome Assemblymen Faso and Farrell. Do you 4 have a message? 5 ASSEMBLYMAN FASO: Madam 6 President, on behalf of Mr. Farrell and 7 myself, we are hereby delegated by Speaker 8 Silver to let the honorable members of the 9 Senate know that the Assembly stands ready to 10 convene in joint session. 11 THE PRESIDENT: Thank you. 12 Senator Bruno. 13 SENATOR BRUNO: Thank you, 14 gentlemen. 15 Madam President, could we at 16 this time recognize my colleague and our 17 colleague, the Minority Leader, Senator 18 Connor. 19 THE PRESIDENT: Senator Connor. 20 SENATOR CONNOR: Thank you, 21 Madam President. 22 Senator Bruno, my colleagues, 23 once again we begin the people's work in real 24 earnest. As Senator Bruno noted, we certainly 25 regret -- we will commemorate probably next 1 week the passing of our dearly beloved 2 colleague, Senator Galiber, and we all wish 3 Senator Solomon well in his new role. 4 Last year was a contentious 5 year. This year probably will go smoother, it 6 being an election year for the Legislature. 7 The Majority Leader pointed out certain goals 8 which I think the Governor and the Majority in 9 this house look to. I want to say that 10 certain of these goals -- that perhaps with a 11 little different viewpoint we also -- we 12 Democrats in the Senate share. 13 We are concerned about jobs, 14 jobs and jobs. We are concerned about those 15 people who do have jobs now, those struggling 16 middle class families in New York State who 17 find their real income is going down, who find 18 that it costs more to send their children to 19 SUNY, who find their school aid is being cut 20 and who are working harder, getting less and 21 feeling less. 22 We are also concerned that, as 23 we make New York a more competitive climate, 24 we don't simply transfer costs to localities. 25 We are definitely concerned about jobs because 1 I heard these figures of 100,000 more jobs, 2 heard the Governor say it, so I went to the 3 Bureau of Labor Statistics -- and we won't 4 argue about this too much because as one sage 5 said, there are statistics, statistics and 6 damned lies, but the fact of the matter is, if 7 you take a comparison of last January to this 8 November, it appears that New York gained 9 these jobs. But, you know, you're taking a 10 slice out of a year. There are certain 11 seasonal fluctuations between November and 12 January that occur in the job market. If you 13 look at the Bureau of Labor Statistics 14 standards in their report for the period from 15 November 1994 when -- to this past November, 16 you find that 53,000 fewer New Yorkers were 17 employed than in the previous November. 18 You find that, during that same 19 period, which is a good comparison because it 20 compares the fluctuations, you know, the 21 Christmas employment situation and so on, to 22 New Jersey and Pennsylvania, they gained 23 jobs. Those states gained jobs from that 24 November when Governor Pataki was elected 25 until this past November, and New York lost 1 53,000 jobs, even while we're putting to work 2 thousands of people who were on welfare 3 through Workfare and even while we're 4 reclaiming some growth in the service sector. 5 Of course, we did -- we did lay 6 off state workers. We did impact employment 7 in health care; but looking at the total 8 picture it's frankly disappointing to we on 9 the Democratic side, and we want to advocate 10 programs and hope you will join us, that will 11 provide real employment, real services to 12 middle class New Yorkers, that will preserve 13 opportunity for middle class families and 14 their children because it's all about 15 opportunity, and we are a party of opportunity 16 for all of our citizens. 17 We're for the opportunity of 18 welfare recipients to work. We want those 19 jobs and we're for preserving -- preserving 20 the standard of living of our middle class 21 citizens. 22 So, Madam President, as we 23 embark on this year, as I said, I hope my 24 remarks are an indication, it probably won't 25 be a very contentious year, but we do have 1 slightly different visions about how to get to 2 these goals. 3 Thank you. 4 THE PRESIDENT: Thank you, 5 Senator Connor. 6 Senator Bruno. 7 SENATOR BRUNO: Madam 8 President, I want to thank Senator Connor for 9 his non-partisan remarks and setting the tone 10 for '96 as we go forward in this 11 non-contentious year to do the people's work 12 together, because we really are together in 13 this chamber and together, Madam President, we 14 shall take that journey into the Assembly 15 Chamber where we will hear the words of our 16 great Governor, George Pataki, that will help 17 set the tone so that we can in this 18 non-contentious year, do the people's work 19 together; and there being no further business 20 to come before the Senate, I would 21 respectfully move that we adjourn until Monday 22 at 3:00 p.m., and intervening days being 23 legislative days. 24 THE PRESIDENT: The Senate 25 stands adjourned until Monday at 3:00 p.m.; 1 intervening days will be legislative days. 2 (Whereupon at 12:35 p.m., the 3 Senate adjourned.) 4 5 6