Wednesday, January 8, 1997

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 January 8, 1997 11 12:04 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. 4 Would everyone please rise and 5 join me in the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: The Most Reverend 9 Howard J. Hubbard, Bishop of the Roman Catholic 10 Diocese of Albany will lead us in prayer. 11 BISHOP HOWARD J. HUBBARD: Let us 12 pray. 13 Most loving and gracious Lord, 14 Who are the solstice of all wisdom, of all 15 knowledge, of all justice, we pray Your 16 blessings during this new year of 1997 upon all 17 the members of our New York State family. Today 18 we ask Your blessings upon the members of the 19 Senate of the state of New York. We ask that 20 You will grant to them the wisdom, the insight, 21 the understanding, the compassion they need as 22 they grapple with the critical matters of 23 education, welfare, human services and taxation, 24 which face the people of this, our Empire 25 State. 1 Enlighten them with Your wisdom, 2 inspire them with Your spirit, so that they may 3 make decisions that are truly in accord with 4 Your will and that best serve the needs of Your 5 people. Enable them to be servants of the 6 people, men and women of integrity and 7 responsibility, committed to the common good, 8 and for all this we Pray, O Lord, in Your sacred 9 name. You Who live and reign both now and 10 forever and ever. Amen. 11 THE PRESIDENT: Amen. 12 The Chair now hands down a 13 message from the state Board of Elections, being 14 the official certification of the duly elected 15 members of the Senate and directs that the same 16 be filed. So ordered. 17 The Secretary will call the roll 18 to ascertain a quorum. Excuse me, Mr. 19 Secretary. I understand that all oaths of 20 office have already been filed with the 21 Secretary of the Senate? Yes. 22 The Secretary will call the roll 23 to ascertain a quorum. 24 THE SECRETARY: Senator Abate. 25 SENATOR ABATE: Present. 1 THE SECRETARY: Senator Alesi. 2 SENATOR ALESI: Here. 3 THE SECRETARY: Senator Breslin. 4 SENATOR BRESLIN: Here. 5 THE SECRETARY: Senator Bruno. 6 SENATOR BRUNO: Here. 7 THE SECRETARY: Senator Connor. 8 SENATOR CONNOR: Here. 9 THE SECRETARY: Senator Cook. 10 SENATOR COOK: Here. 11 THE SECRETARY: Senator 12 DeFrancisco. 13 SENATOR DeFRANCISCO: Here. 14 THE SECRETARY: Senator 15 Dollinger. 16 SENATOR DOLLINGER: Here. 17 THE SECRETARY: Senator Farley. 18 SENATOR FARLEY: Here. 19 THE SECRETARY: Senator Gentile. 20 SENATOR GENTILE: Here. 21 THE SECRETARY: Senator Gold. 22 SENATOR GOLD: Here. 23 THE SECRETARY: Senator 24 Gonzalez. 25 (There was no response. ) 1 Senator Goodman. 2 (There was no response. ) 3 Senator Hannon. 4 SENATOR HANNON: Here. 5 THE SECRETARY: Senator 6 Hoffmann. 7 SENATOR HOFFMANN: Here. 8 THE SECRETARY: Senator Holland. 9 SENATOR HOLLAND: Here. 10 THE SECRETARY: Senator Johnson. 11 SENATOR JOHNSON: Here. 12 THE SECRETARY: Senator Kruger. 13 SENATOR KRUGER: Here. 14 THE SECRETARY: Senator Kuhl. 15 SENATOR KUHL: Here. 16 THE SECRETARY: Senator Lachman. 17 SENATOR LACHMAN: Here. 18 THE SECRETARY: Senator Lack. 19 SENATOR LACK: Present. 20 THE SECRETARY: Senator Larkin. 21 SENATOR LARKIN: Present. 22 THE SECRETARY: Senator LaValle. 23 SENATOR LAVALLE: Present. 24 THE SECRETARY: Senator Leibell. 25 (There was no response. ) 1 Senator Leichter. 2 SENATOR LEICHTER: Present. 3 THE SECRETARY: Senator Levy. 4 SENATOR LEVY: Present. 5 THE SECRETARY: Senator Libous. 6 SENATOR LIBOUS: Present. 7 THE SECRETARY: Senator Maltese. 8 Senator Maltese excused. 9 Senator Marcellino. 10 SENATOR MARCELLINO: Present. 11 THE SECRETARY: Senator Marchi. 12 SENATOR MARCHI: Present. 13 THE SECRETARY: Senator 14 Markowitz. 15 SENATOR MARKOWITZ: Present. 16 THE SECRETARY: Senator Maziarz. 17 SENATOR MAZIARZ: Present. 18 THE SECRETARY: Senator Meier. 19 SENATOR MEIER: Present. 20 THE SECRETARY: Senator Mendez. 21 SENATOR MENDEZ: Present. 22 THE PRESIDENT: Senator Bruno, a 23 quorum is present. 24 SENATOR BRUNO: Thank you. 25 THE PRESIDENT: The Chair hands 1 down a communication from the Governor. 2 THE SECRETARY: Senator 3 Stafford. 4 SENATOR STAFFORD: Do we have a 5 resolution, Madam President? Sorry. Go ahead. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: Dear Madam 9 President: I would appreciate the privilege of 10 appearing before your honorable bodies in joint 11 session on Wednesday, January 8, 1997, at 1:00 12 p.m., or as soon thereafter as may be 13 convenient, to deliver personally my annual 14 message to the Legislature. 15 Sincerely, George E. Pataki. 16 THE PRESIDENT: Senator 17 Stafford. 18 SENATOR STAFFORD: Madam 19 President, it's indeed an honor and a pleasure 20 for me to hand up the first resolution for the 21 1978 -- excuse me '98 -- '97-98 -- whatever. I 22 ask that the resolution be read. Thank you. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: By Senator 1 Stafford, Senate Resolution providing for the 2 election of Joseph L. Bruno as Temporary 3 President of the Senate for the years 1997 4 through 1998. 5 SENATOR GOLD: Madam President. 6 THE PRESIDENT: Senator Gold. 7 SENATOR GOLD: Madam President, 8 if it was 1978, maybe I could vote for that, but 9 for the good of 1997, I want to offer a 10 substitute resolution, and have an opportunity 11 to speak on it. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: By Senator Gold, 15 Senate Resolution providing for the election of 16 Martin Connor as Temporary President of the 17 Senate for the years 1997 through 1998. 18 SENATOR GOLD: O.K. Madam 19 President. Usually when I've had the occasion 20 to do these in the past, I think I've done it 21 with -- start with a little humor and, to tell 22 you the truth, this year I feel it's a little 23 more serious because I really do think, based 24 upon the legislative history of the last few 25 years, that there is a time for new leadership 1 in this house, a leadership which obviously 2 brings respect for us as members, respect for 3 our needs and certainly an appreciation of the 4 work of each of us as members. 5 We all have constituencies, and 6 we owe that constituency our loyalty, our 7 dedication, our hard work -- and we do that - 8 our best efforts. A leader really has more than 9 that. He has a constituency at the local level 10 which is obvious. He's got statewide concerns, 11 but also is responsible to us as a constituency, 12 and that responsibility is to see to it that 13 basically we can do our work, do it in an 14 atmosphere of equity and fairness. Tell you the 15 truth, maybe stop what we've had as Senatoring 16 by slogan and get to start substituting 17 substance for press. 18 I would suggest that Bishop 19 Hubbell* (should be Hubbard) said we should 20 start with wisdom and insight and I believe that 21 if we take the opportunity this year to make 22 Senator Connor our leader, that is something 23 which we can look forward to. Senator Connor is 24 not only knowledgeable and articulate, bright, 25 but he's an individual who is practical, and 1 he's someone who has brought equity and respect 2 to the Democratic Conference in this Senate and 3 he can do that for the Senate in general, and I 4 offer that to you. 5 I think that, with the help of 6 the press, we might be able to stop legislation 7 by slogans, by press release and get down to 8 real substance. People are sick of hearing 9 about property tax relief. They want to see 10 it. They're sick of seeing -- hearing about 11 fiscal responsibility. They want to see it, and 12 real legislative reform means respect for every 13 member in this chamber. 14 With this in mind, Madam 15 President, it is with a great deal of pride and 16 certainly from my point considered a great honor 17 to ask this body to elect Martin Connor as our 18 next President Pro Tem. 19 THE PRESIDENT: On the substitute 20 resolution offered by Senator Gold, all those in 21 favor signify by saying aye. 22 (Response of "Aye.") 23 Opposed nay. 24 (Response of "Nay." ) 25 The nays have it. The resolution 1 is defeated. 2 Senator Stafford. 3 SENATOR STAFFORD: Thank you, 4 Madam President. 5 I, for the first time in my 6 legislative career, I'll have to disagree with 7 Senator Gold, and I'm sure it won't be the 8 last. 9 Your Excellency, it's a pleasure 10 to see you here again this year, and it is an 11 honor for me to rise and to support the 12 resolution nominating Joseph L. Bruno President 13 Pro Tem and Majority Leader of the New York 14 State Senate. 15 This past fall after I'd run a 16 number of times -- I mentioned this earlier this 17 year -- I was in a gathering and someone came up 18 to me and said, "You know, you're fortunate, you 19 don't have to play up to people. You don't have 20 to say what they want to hear. You don't have 21 to curry favor." Someone else walked over to me 22 and said, "He can do it the best of anybody I've 23 ever seen," and now you're all about to see it 24 again. 25 Joe Bruno has worked with all of 1 us. He's become close to all of us. You'll 2 hear it today from me in this very short 3 presentation. However, we do go back, but it 4 was during this past two years I was called in 5 to -- called in, not invited, summoned as a 6 Majority Leader can do because when he or she is 7 a Majority Leader, they can do it, and we talked 8 for a few minutes. I knew there was something 9 else, and we talked for a few minutes and he 10 said to me, "You know, when I sat back there on 11 that back bench," he said, "I was told by a 12 Senator who had been here longer than I, that, 13 you know, Joe, you sort of lost -- sometimes 14 you've lost your bearings a bit, sometimes 15 you're a bit too direct. Sometimes you speak 16 your mind, sometimes, you know, you know what 17 I'm trying to say and you know you don't lose 18 sight of the fact that you're here to win 19 friends and influence people." 20 So I thought a minute. He told 21 me who it was. I said, "Yes, but look where you 22 are now and look where that Senator is." The 23 Senator no longer is here who said it to him, 24 was defeated, and he's Majority Leader. Yet I 25 took to heart what he said. 1 What I'm trying to say is he's 2 worked with every one of us, on the big issues 3 and on personal issues. He lives this place and 4 that was an example. 5 I'm going to be a bit 6 presumptuous, but I said a number of things last 7 year when I was talking. I left out one point 8 that I had felt bad about for two years. I say 9 it very quickly. When I got here in December of 10 1965 at the organization luncheon that I hadn't 11 taken office yet, I was told that we were going 12 to have reapportionment, one man, one vote, 13 1964, and we were going to have new districts 14 and I was going to be put in with an incumbent. 15 You talk about the tide ebbing and flowing. It 16 was ebbing, my friends, for me and I would not 17 be here today if I had not been put in a 18 district where I was with Joe Bruno and him 19 supporting me in 1966 and making it possible for 20 me to serve. I left it out inadvertently last 21 year, and I say it heartfelt this year. 22 I said a number of things two 23 years ago that I did include obviously, and I 24 said that we had a leader who did know how to 25 work, that came from a working family, who came 1 here with his values, had been successful in 2 business, had done well in whatever he'd done. 3 He'd been president of his Young -- he'd been 4 president of the New York State Young 5 Republicans, the New York State JCs. I've been 6 in business with him, I've been on his board in 7 a public corporation, but I said he would do the 8 job, and I said he would do it well and, my 9 friends, I mentioned de Tocqueville, he quotes 10 or he mentions in his writings "the habit" and I 11 said, the habit he was talking about was the 12 habit of taking responsibility for one's actions 13 and if people do not do that, then we will not 14 have self-government, and Joe Bruno does take 15 the responsibility and he is -- he is a leader. 16 I said he'd be a valuable partner 17 to our new Governor, and he has been and they 18 both have done such a tremendous job. Just for 19 example, losing 500,000 jobs the last ten years 20 before the last two years, now gaining over 21 100,000, and I could go on and on, what's been 22 done in the partnership with Joe Bruno and 23 George Pataki. 24 This is probably the most 25 important thing I did say, and I'll say it 1 again. He came here at a relatively older age. 2 He's got younger as you can see, but he 3 established his values. He knew what he stood 4 for, and he had his own parameters and he spoke 5 out. He meant what he said. Nothing was 6 personal, but he had these values and, as I say, 7 he stood for something and he did it at times at 8 personal and political sacrifice, but that's why 9 he's where he is today. He's done such a 10 tremendous job. 11 I mentioned Dante last year, who 12 said, quote, Those who were loathe from living 13 to be either blamed or praised, close quote and 14 then he suggested that they deserve worse than 15 the lowest depths. But this gentleman takes a 16 position, he stands there, he leads, he takes 17 the consequences and he's always there and every 18 one of us in the state of New York is better for 19 Joseph L. Bruno, and I hereby support and 20 nominate this gentleman for 1997-98 President 21 Pro Tem, Majority Leader of the New York State 22 Senate. 23 Thank you. (Applause) 24 THE PRESIDENT: Thank you, 25 Senator Stafford. 1 The question is on the 2 resolution. All those in favor signify by 3 saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (Response of "Nay." ) 7 THE PRESIDENT: The resolution is 8 adopted, and the Chair states for the record 9 that Senator Joseph L. Bruno has been elected 10 Temporary President of the Senate for the years 11 1997 to 1998. Senator Bruno, I'd like to 12 administer the oath of office. 13 Raise your right hand. Do you 14 solemnly swear to support the Constitution of 15 the United States of America, the Constitution 16 of the state of New York and faithfully 17 discharge the duties of the office of Temporary 18 President of the Senate of the state of New York 19 to the best of your ability? 20 SENATOR BRUNO: I do. 21 THE PRESIDENT: Congratulations. 22 You are now the Temporary President. 23 (Standing ovation. ) 24 THE PRESIDENT: Senator Bruno. 25 SENATOR BRUNO: Madam President, 1 Bishop Hubbard, my colleagues here in the 2 Senate: A special word of thanks to Senator Ron 3 Stafford for the very, very kind and generous 4 words, and Ron and I do go back a lot more years 5 than he can remember. He demonstrated that 6 here; but he does say the nicest things and he 7 does the best things on behalf of his 8 constituency and the people of this state. And, 9 Ron, I thank you very much for your support and 10 for your friendship that we have had over the 11 years. 12 I also want to thank Senator Gold 13 for indicating and proving in this environment 14 that we are truly a body that deliberates and 15 anyone can say anything they please and they 16 don't have to be right. (Laughter). 17 And I want to say a special word 18 of congratulations to my colleague, my really 19 friend, Senator Marty Connor, newly elected 20 Minority Leader. I want to wish him well, and I 21 want to make a commitment to him that we will do 22 our best to keep him in that position over the 23 years. 24 We have spent the last two years, 25 many of us, together. We have some new additions 1 to the house, and I want to congratulate Senator 2 Ray Meier, who is here from Utica (applause), 3 and next to him Senator Neil Breslin from Albany 4 (applause) and Senator Vincent Gentile from 5 Brooklyn (applause), who joined us here, Olga, 6 and David Rosado is also here from the Bronx and 7 John Sampson, we have met before, from 8 Brooklyn. Thank you. Thank you. 9 In the last two years, those of 10 us who were here did a lot of great things on 11 behalf of the people of this state, spent two 12 years together. We can be proud of the things 13 that we did together, and we do things together 14 whatever side of the aisle that we're on because 15 we really do nothing unless we do it together. 16 We changed the way we function in this chamber 17 over the last two years. We're more efficient; 18 we're more professional. We're more business 19 like. I believe we're much more productive than 20 we have ever been here in this chamber, and we 21 started -- Ron mentioned that we cut back since 22 we did a lot of good things in partnership with 23 our great Governor George Pataki. We're going 24 to hear a message from the Governor very 25 shortly, a message that will look us forward and 1 take us forward, and we will be proud to partner 2 with him in continuing the good work that we are 3 doing on behalf of the people of this state. 4 We have some issues that will 5 come before us this year, and they are going to 6 be difficult issues and, Bishop Hubbard, you 7 said it right and we need God's prayers and we 8 need people's support and we need their prayers 9 because, while we will have differences of opin 10 ion, all of us in this chamber are well inten 11 tioned. We're trying to do what's right on be 12 half of the people in this state and our 13 constituencies. 14 None of us in this chamber are 15 trying to hurt anybody in this state. We are 16 working to try and improve the quality of life 17 for all New Yorkers, all New Yorkers, and we 18 will do that in conjunction with the Assembly, 19 with the Governor as we go forward. We do have 20 some difficult issues, and I'm going to appeal 21 to my colleagues here, in the other house, to 22 the leadership, to the Governor, that we engage 23 in the debate on these issues sooner rather than 24 later, in January and in February and in March, 25 so that we can strive to resolve our differences 1 and go forward with a budget on time on April 2 1st, and some of the most difficult issues that 3 we have to deal with, in welfare reform and 4 budget reform and property tax reform, energy 5 costs that are still too high, just to name a 6 few. 7 We can resolve our differences 8 and we can resolve them in February and in March 9 and I've said this before, and I will keep 10 saying it. There isn't anything that we can't 11 agree on by April 1st that we can agree on in 12 July, August, September, as long as anyone wants 13 to stay here, but this process is one that we 14 cannot come to a positive conclusion with a 15 budget or with any other important matters 16 unless we have the Assembly and the Senate 17 functioning together. 18 So my pledge to all of you here 19 and to the people of this state is that we will 20 do our best to discuss the issues, debate the 21 issues, do it honestly, do it openly and sooner 22 rather than later, so that we can get on with 23 our business in serving the constituency of this 24 state, and I am proud to be a partner with our 25 Governor George Pataki. 1 He has provided the leadership in 2 these last two years that has turned this state 3 around. We're looking upward, we're looking 4 forward, and we're looking into the 21st Century 5 with great optimism, and I look forward to the 6 next two years in working in conjunction with 7 this Governor and with you in serving your 8 constituency and mine and all the people of this 9 state. 10 So I can't say thank you enough 11 to my colleagues who helped me in the leadership 12 roles: Senator Dean Skelos, who is my deputy 13 here and who sits in the chamber, and certainly 14 Ron Stafford who takes the responsibility, and 15 Senator Owen Johnson, a lot of the people that 16 have taken leadership positions with me, 17 Senators Velella and Spano and Libous, and I'm 18 remiss in that I will miss some and be in 19 trouble, but I want to say thank you for the 20 trust, for the confidence and the support that 21 you give me, and we will need your continuous 22 faith and prayers and support as we go forward 23 over these next two years to serve our mutual 24 constituency. 25 Thank you very much. 1 (Applause) 2 THE PRESIDENT: Thank you, 3 Senator Bruno. 4 I would also like to acknowledge 5 that we have received a communication from the 6 Senate Democratic Conference which I will read: 7 It is with great pleasure that the members of 8 the Senate Democratic Conference inform you that 9 Senator Martin Connor was elected on December 10 3rd, 1996 as Minority Leader of the state Senate 11 and request that this communication be entered 12 into the Journal of Wednesday, January 8, 1997. 13 (Applause) 14 Senator Connor. 15 SENATOR CONNOR: Thank you, Madam 16 President. 17 Madam President, Bishop Hubbard, 18 first my congratulations to my friend and 19 colleague, Senator Bruno, with whom I have 20 disagreed many times and who has disagreed with 21 me many times without ever either of us being 22 disagreeable, and I think that's important to 23 remember as we go forward in this session and 24 face so many contentious issues. 25 Senator Gold, thank you for your 1 gracious remarks and your efforts and I know, 2 Madam President with her acute sense of hearing, 3 recognized that there were more Ayes for that 4 substitute resolution and less Noes than when we 5 did it all two years ago. 6 In that context, I do want to 7 join in welcoming the new members on our side, 8 Senator Breslin and Senator Gentile, Senator 9 Sampson and Senator Rosado, and also to Senator 10 Meier who joins us on the other side of the 11 aisle. 12 Madam President, I think it's 13 important that we always remember that we're 14 here to do the people's business and that most 15 of our citizens really don't think there's a 16 Republican or a Democratic way to solve our 17 problems and they send us here in faith, each of 18 us as an individual representing a constituency 19 and that we will reason together, argue together 20 and hopefully arrive at a reasonable solution to 21 all the problems we face. 22 If there's anything I've observed 23 in the years I've been here, and I don't go back 24 as far as Senator Stafford when, in 1965, I was 25 I think a Sophomore in college -- I'm sorry 1 about that, Ron -- but I have been here a number 2 of years, and there has been a tendency 3 regrettably -- and I don't lay blame on any 4 particular individual, him or perhaps either 5 house or -- or institution of government, 6 whether it be executive or legislative -- but 7 there has been a general tendency, in my 8 opinion, to over-politicize on partisan bases, 9 many, many issues. Indeed some months it seems 10 like every issue is a partisan issue and, if a 11 Democrat says yes, the Republicans have to say 12 no, and vice versa, and that's not good for the 13 commonweal, and it's not good for us as 14 colleagues, and it's not good for this 15 institution we all serve and love because it's 16 the people's institution and it doesn't belong 17 to any one political party any more than good 18 ideas belong to any one political party, and I 19 would ask us sometimes when we are tempted to 20 take that big step forward and run to the 21 partisan barricade, so to speak, that we step 22 back a little bit and think what's the problem 23 with giving someone in the other party credit 24 for a good idea? What's the problem with 25 treating a colleague with respect? We are all 1 elected by approximately the same number of 2 constituents all of whom have the right to be 3 respected in their choice and, if they chose a 4 colleague that you don't like because it's not 5 from your party, that's no reason to disrespect 6 that choice that the voters made. 7 In that spirit, I pledge to all 8 of you, certainly my colleagues in the 9 Democratic Conference who I all thank for your 10 faith and trust once again in me, but to all of 11 you, that we shall attempt to go forward on that 12 basis. That doesn't mean, Madam President, we 13 shall not have philosophical differences; we 14 shall not disagree about priorities or 15 solutions. We have in the past and I expect we 16 will continue to, and we will argue that out 17 hopefully, though, in a framework in this body, 18 in a framework of collegiality and respect for 19 divergent and different views. 20 Senator Bruno talked about some 21 issues coming up. I once again say on behalf of 22 this Conference, we have our priorities. We 23 have values which we respect -- jobs, justice 24 and the future. 25 That means education is a 1 priority to the future of our state and for its 2 economic health in the future as well as the 3 well-being of those who will be our adult 4 citizens in the near future. 5 That means respect for those 6 elderly and those who require a quality health 7 care system, that we uphold that. That's a 8 value. That's a New York value. That's an 9 American value. That also means that we work 10 together to create jobs, good jobs with health 11 insurance, with benefits and, while some steps 12 have been taken on a bipartisan basis to bring 13 that about, we have in the past differed about 14 the best way to cut taxes -- cut taxes. 15 We, in this body, have offered 16 alternatives to suggestions you have made. We 17 are happy to see the focus now on local taxes, 18 property taxes, because we have identified and 19 argued for the past several years that local 20 property taxes were the biggest deterrent to 21 business growth in New York and the biggest 22 injustice to our citizens who had to pay those 23 taxes. 24 And when we talk about jobs, we 25 give credit where credit is due. In Governor 1 Pataki's first months, New York State experi 2 enced a 1.8 percent growth in jobs. Over 3 118,000 new jobs were created, and we applaud 4 that. We regret that it doesn't measure up to 5 the prior 22 months before Governor Pataki 6 became governor, when New York created 156,000 7 new jobs out at a 2.2 percent growth rate. 8 So we're ready to work with the 9 Governor, Majority in this house and whatever. 10 We think some of our ideas are better and we 11 look at hopefully encouraging you to join us in 12 some programs that will get us back to that 2.2 13 percent job growth because the last 22 months 14 haven't been as bad as a loss, have been 15 "better", as they say, "than a sharp stick in 16 the eye" but they haven't measured up to our 17 past experience. 18 So with that said, Madam 19 President, I look forward to a year where in the 20 spirit of cooperation, we do advance solutions 21 and programs to meet some of our common goals. 22 Thank you very much. 23 (Applause) 24 THE PRESIDENT: Thank you, 25 Senator Connor. 1 Senator Bruno. 2 SENATOR BRUNO: Madam President, 3 we're handing up a resolution and ask that it be 4 passed immediately. 5 THE PRESIDENT: The Secretary 6 will read it. 7 THE SECRETARY: By Senator Bruno, 8 Senate Resolution that Stephen F. Sloan, of 9 Guilderland, New York, be and hereby is elected 10 Secretary of the Senate for the years 1997 11 through 1998. 12 THE PRESIDENT: The question is 13 on the resolution. All those in favor signify 14 by saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 The resolution is adopted, and 19 the Chair states for the record that Stephen F. 20 Sloan has been elected Secretary of the Senate 21 for the years 1997 to 1998, and it's my pleasure 22 to administer the oath of office to him. 23 Do you solemnly swear to support 24 the Constitution of the United States and the 25 Constitution of the state of New York and 1 faithfully discharge the duties of the office of 2 Secretary of the Senate of the state of New 3 York, to the best of your ability? 4 MR. SLOAN: I do. 5 THE PRESIDENT: Our Secretary, 6 ladies and gentlemen. 7 (Applause) 8 SENATOR BRUNO: Madam President, 9 we hand up another resolution, ask that you read 10 the title and that we move its immediate 11 passage. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: By Senator Bruno, 15 Senate Resolution that Pauline E. Williman be 16 and hereby is elected the Official Stenographer 17 of the Senate for the years 1997 through 1998. 18 THE PRESIDENT: On the 19 resolution, all in favor please signify by 20 saying aye. 21 (Response of "Aye.") 22 Opposed nay. 23 (There was no response. ) 24 The resolution is adopted. 25 Congratulations, Miss Williman. 1 (Applause) 2 SENATOR BRUNO: Madam President, 3 I hand up another resolution, ask that the title 4 be read and move for its immediate adoption. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: By Senator Bruno, 8 Senate Resolution that John P. Everhardt be and 9 hereby is elected Sergeant-at-Arms Emeritus of 10 the Senate for the years 1997 through 1998 and 11 that William C. Martin be and hereby is elected 12 Sergeant-at-Arms of the Senate for the years 13 1997 through 1998. 14 THE PRESIDENT: The question is 15 on the resolution. All in favor signify by 16 saying aye. 17 (Response of "Aye.") 18 Opposed nay. 19 (There was no response. ) 20 The resolution is adopted. 21 Congratulations, Mr. Everhardt and Mr. Martin. 22 (Applause) 23 Senator Bruno. 24 SENATOR BRUNO: Madam President, 25 we now hand up a concurrent resolution and ask 1 that it be immediately adopted. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: The Assembly sent 5 for concurrence Assembly Concurrent Resolution 6 Number 7. Senator Bruno moves to substitute 7 Assembly Concurrent Resolution Number 7. 8 THE PRESIDENT: The question is 9 on the resolution. All in favor signify by 10 saying aye. 11 Oh, is there a substitution 12 ordered? The substitution is ordered. The 13 Secretary will read the title, please. 14 THE SECRETARY: Assembly 15 Resolution Number 7, Concurrent Resolution with 16 the Senate and Assembly, providing for a joint 17 assembly for the purpose of receiving a message 18 from the Governor at 1:00 p.m. today. 19 THE PRESIDENT: On the 20 resolution, all in favor signify by saying aye. 21 (Response of "Aye.") 22 Those opposed nay. 23 (There was no response. ) 24 The resolution is adopted. 25 Senator Bruno. 1 SENATOR BRUNO: Madam President, 2 we offer up another resolution, ask you to read 3 its title and move for its immediate adoption. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: By Senator Bruno, 7 Senate Resolution: Resolved that the President 8 appoint a committee of two to inform the 9 Governor of the election of Joseph L. Bruno as 10 Temporary President of the Senate for the years 11 1997 through 1998 and that the Senate is 12 organized and ready to proceed with business and 13 will meet with the Assembly in the Assembly 14 Chamber at 1:00 p.m., to receive the Governor's 15 message. 16 THE PRESIDENT: The question is 17 on the resolution. All in favor signify by 18 saying aye. 19 (Response of "Aye.") 20 Those opposed nay. 21 (There was no response. ) 22 The resolution is adopted. The 23 Chair appoints Senators Nozzolio and Breslin to 24 wait upon the Governor for the purpose of 25 notifying him that the Senate is ready to 1 proceed. 2 Senator Bruno. 3 SENATOR BRUNO: And Madam 4 President, we hand up another resolution, ask 5 you to read its title and move for its immediate 6 adoption. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: By Senator Bruno, 10 Senate Resolution: Resolved that the President 11 appoint a committee of two to wait upon the 12 Assembly and inform that body of the election of 13 Joseph L. Bruno as Temporary President of the 14 Senate for the years 1997 through 1998, and that 15 the Senate is organized and ready to proceed 16 with business and will meet jointly with the 17 Assembly in the Assembly Chamber at 1:00 p.m. to 18 receive the Governor's message. 19 THE PRESIDENT: The question is 20 on the resolution. All those in favor signify 21 by saying aye. 22 (Response of "Aye.") 23 Opposed nay. 24 (There was no response. ) 25 The resolution is adopted. Chair 1 appoints Senators Larkin and Gentile to wait 2 upon the Assembly -- to wait upon the Assembly? 3 -- to wait upon the Governor and inform that 4 the Senate is ready to proceed. 5 Senator Bruno. 6 SENATOR BRUNO: Madam President, 7 I believe we are joined by Assemblymen Farrell 8 and Faso, and I believe they have a message from 9 the Assembly. 10 ASSEMBLYMAN FASO: Madam 11 President, for the Assembly, this is Assemblyman 12 Faso, and Assemblyman Farrell to inform the 13 Senate that we have elected the Honorable 14 Sheldon Silver, Speaker, and that we stand ready 15 to wait upon the Senate in joint session with 16 the Governor. 17 THE PRESIDENT: Senator Bruno. 18 SENATOR BRUNO: And Madam 19 President, we will offer up another resolution, 20 ask that the title be read and move for its 21 immediate adoption. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: By Senator Bruno, 25 Senate Resolution providing the rules of the 1 Senate for the years 1996 as last amended be 2 adopted as the rules of the Senate for the years 3 1997 through 1998. 4 THE PRESIDENT: The question is 5 on the resolution. 6 SENATOR CONNOR: Madam 7 President. Madam President, with the 8 understanding that the Minority could at this 9 time offer amendments to, we believe, improve 10 these rules, because of the exigencies of today, 11 the time exigencies, we just -- we consent to 12 this with the usual understanding that at a 13 later date the Minority may offer amendments to 14 these rules for consideration. 15 THE PRESIDENT: Thank you, 16 Senator Connor. 17 The question is on the 18 resolution. All those in favor signify by 19 saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response. ) 23 The resolution is adopted. 24 Senator Bruno. 25 SENATOR BRUNO: Madam President, 1 we have another resolution, and we would ask 2 that we move for its immediate adoption. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: By Senator Bruno, 6 Senate Resolution providing for the hours of 7 meeting by the Senate for the years 1997 through 8 1998. 9 THE PRESIDENT: The question is 10 on the resolution. All those in favor signify 11 by saying aye. 12 (Response of "Aye.") 13 Opposed nay. 14 (There was no response. ) 15 The resolution is adopted. 16 SENATOR BRUNO: And Madam 17 President, I believe we have a privileged 18 resolution by Senator Seward. I would ask that 19 the title be read and move for its immediate 20 adoption. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: By Senator 24 Seward, Legislative Resolution honoring Anne 25 Eves upon the occasion of her retirement as 1 Commissioner of the Cortland County Board of 2 Elections. 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: And I believe, 11 Madam President, that I have a privileged 12 resolution at the desk. 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 Bruno, 17 Legislative Resolution congratulating the 18 Waterford High Boys Soccer Team and Coach 19 Patrick Udeh upon the occasion of their captur 20 ing the New York State Class D Championship. 21 THE PRESIDENT: The question is 22 on the resolution. All those in favor please 23 signify by saying aye. 24 (Response of "Aye.") 25 Opposed nay. 1 (There was no response. ) 2 The resolution is adopted. 3 SENATOR BRUNO: And, Madam 4 President, our work being done for this day and 5 our organizational and procedural which have 6 been adopted, I would now recommend that we move 7 to the Assembly Chambers where we will hear the 8 State of the State from our esteemed Governor 9 George Pataki at 1:00 p.m. sharp, and I would 10 move at this time that we adjourn until January 11 13, Monday, at 3:00 p.m., intervening days to be 12 legislative days. 13 THE PRESIDENT: The Senate will 14 now proceed to the Assembly Chamber for the 15 Governor's message, after which the Senate 16 stands adjourned until Monday, January 13th, at 17 3:00 p.m., intervening days to be legislative 18 days. 19 (Whereupon at 12:50 p.m., the 20 Senate adjourned. ) 21 22 23 24 25