Wednesday, March 30, 1994

1985 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 March 30, 1994 10 3:44 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR NICHOLAS A. SPANO, Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 1986 1 P R O C E E D I N G S 2 ACTING PRESIDENT SPANO: The 3 Senate will come to order. 4 All please rise for the Pledge of 5 Allegiance to the Flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 In the absence of the clergy, 9 please bow our heads for a moment of silence. 10 (A moment of silence was 11 observed.) 12 Reading of the Journal. 13 THE SECRETARY: In Senate, 14 Tuesday, March 29th. The Senate met pursuant to 15 adjournment, Senator Farley in the Chair upon 16 designation of the Temporary President. Prayer 17 by the Reverend Patricia MacKinnon of the Fair 18 Havens Church of North Tonawanda, New York. The 19 Journal of Monday, March 28th, was read and 20 approved. On motion, Senate adjourned. 21 ACTING PRESIDENT SPANO: Hearing 22 no objection, the Journal stands approved as 23 read. 1987 1 Reports of standing committees. 2 The Secretary will read. 3 THE SECRETARY: Senator Lack, 4 from the Committee on Judiciary, reports the 5 following Bill directly for third reading: 6 Senate Bill Number 7160, by 7 Senators Lack and Trunzo, an act to amend 8 Chapter 502 of the Laws of 1992 relating to 9 certain non-judicial officers and employees of 10 the unified court system. 11 ACTING PRESIDENT SPANO: Without 12 objection, third reading. 13 Motions and resolutions. 14 Senator Dollinger. 15 SENATOR DOLLINGER: Mr. 16 President, if I can be recognized just on a 17 point of personal privilege. Mr. President, I 18 get to welcome some of my constituents and the 19 sons and daughters of my constituents from the 20 12 Corners Middle School in Brighton. 21 This is where the Senate does its 22 business and I would like to welcome you to the 23 chamber. This group is the band from the 12 1988 1 Corners Middle School. They have brought the 2 gift of music to the South Corridor earlier 3 today, and I hope that you enjoy your trip and 4 your stay in Albany as you watch your state 5 government work. 6 Thank you for coming. Congratula 7 tions on your music, and I hope you have a safe 8 voyage home. 9 ACTING PRESIDENT SPANO: On 10 behalf of all of the members of the Senate, we 11 would like to welcome all the students who are 12 here today. Hope you enjoy the deliberations 13 and hope you come back to visit us again real 14 soon. 15 (Applause.) 16 Senator Farley. 17 SENATOR FARLEY: Thank you, Mr. 18 President. 19 On behalf of Senator Libous, on 20 page 7, I offer the following amendments to his 21 Calendar Number 249, Senate Print 6219, and ask 22 that bill retain its place on the Third Reading 23 Calendar. 1989 1 ACTING PRESIDENT SPANO: So 2 ordered. 3 SENATOR FARLEY: On behalf of 4 Senator Levy, on page 13, I offer the following 5 amendments to Calendar 432, Senate Print 79, and 6 I ask that that bill retain its place on the 7 Third Reading Calendar. 8 ACTING PRESIDENT SPANO: So 9 ordered. 10 SENATOR FARLEY: On behalf of 11 Senator Sears, Mr. President, I offer -- I move 12 that the following bills be discharged from 13 their respective committees and be recommitted 14 with instructions to strike the enacting 15 clause: Senate Print 3500, Senate Print 5800-A, 16 Senate Print 5942-A and Senate Print 6089. 17 ACTING PRESIDENT SPANO: So 18 ordered. 19 Senator Tully. 20 SENATOR TULLY: Mr. President, 21 there's a privileged resolution at the desk. 22 May I ask that the clerk read it, please? 23 ACTING PRESIDENT SPANO: The 1990 1 Secretary will read the title of the resolution. 2 THE SECRETARY: Legislative 3 Resolution, by Senator Tully, commending the 4 John Philip Sousa Elementary School String 5 Orchestra upon the occasion of their 6 participation in "Music in Our Schools Month", 7 March 30th, 1994; 8 WHEREAS, it is the sense of this 9 legislative body that those who give positive 10 definition to the profile and disposition of 11 educational endeavors in the state of New York 12 do so profoundly strengthen our shared 13 commitment to the exercise of freedom; 14 Attendant to such concern and 15 fully in accord with its long-standing 16 traditions, it is the intent of this legislative 17 body to commend the John Philip Sousa Elementary 18 School String Orchestra upon the occasion of 19 their participation in "Music in Our Schools 20 Month", March 30th, 1994; 21 On Wednesday, March 30th, 1994, 22 the John Philip Sousa Elementary School String 23 Orchestra, Port Washington, New York, will 1991 1 present a concert at the North Concourse at 2 11:30 a.m. This concert is sponsored by the New 3 York State School Music Association and the 4 Music Educators National Conference will be 5 presented during a month long nationwide 6 celebration of music education in our schools; 7 Miss Lisa Dunaj is the Orchestra 8 Director for the John Philip Sousa Elementary 9 School String Orchestra; 10 John Philip Sousa Elementary 11 School String Orchestra consists of many young 12 people; 13 Through this long and sustained 14 commitment to excellence and musical artistry, 15 the John Philip Sousa Elementary School String 16 Orchestra has so unselfishly advanced that 17 spirit of united purpose and shared concern 18 which is the unalterable manifestation of our 19 American experience; now, therefore, be it 20 RESOLVED, that this legislative 21 body pause in its deliberations and most 22 joyously commend the John Philip Sousa 23 Elementary School String Orchestra upon the 1992 1 occasion of their participation in "Music in Our 2 Schools Month", March 30th, 1994, fully 3 confident that such procedure mirrors our shared 4 commitment to preserve, to enhance and to yet 5 effect the patrimony of freedom which is our 6 American heritage; and be it further 7 RESOLVED, that a copy of this 8 resolution, suitably engrossed, be transmitted 9 to each of the members of the John Philip Sousa 10 Elementary School String Orchestra and to Mrs. 11 Lisa Dunaj, Orchestra Director, John Philip 12 Sousa Elementary School, Port Washington, New 13 York. 14 ACTING PRESIDENT SPANO: Senator 15 Tully. 16 SENATOR TULLY: Yes, Mr. 17 President. I have been privileged to visit with 18 the members of the John Philip Sousa Elementary 19 String Orchestra and their director, their 20 parents and teachers, and I consider it quite a 21 privilege to be able to recognize them here 22 today, and I would like to indicate to you and 23 to my colleagues in this house that they come 1993 1 from one of the finest schools on Long Island 2 and the state of New York, if not the United 3 States. They are youngsters of particular 4 brilliance and their academic and musical 5 accomplishments precede them. 6 I would really appreciate it if 7 you would extend the greetings of the house as 8 only you can do so well. 9 Thank you, Mr. President. 10 ACTING PRESIDENT SPANO: 11 Questions on Senator Tully's resolution? 12 (There was no response.) 13 All those in favor, signify by 14 saying aye. 15 (Response of "Aye.") 16 Opposed, nay. 17 (There was no response.) 18 The resolution is adopted, and we 19 would like to join with Senator Tully and all of 20 our colleagues in congratulating the John Philip 21 Sousa Elementary School, welcoming you to the 22 state Capitol and hope that you enjoy the 23 deliberations today and come visit us again real 1994 1 soon. Congratulations. 2 (Applause.) 3 Substitutions. 4 THE SECRETARY: On page 5 of 5 today's calendar, Senator Daly moves to 6 discharge the Committee on Corporations, 7 Authorities and Commissions from Assembly Bill 8 Number 8570-A, and substitute it for the 9 Identical Calendar Number 474. 10 ACTING PRESIDENT SPANO: 11 Substitution ordered. 12 Senator DeFrancisco. 13 SENATOR DeFRANCISCO: Mr. 14 President, I just would request the privilege to 15 recognize a couple of groups that are also in 16 the gallery that have provided us fine music 17 this afternoon. 18 They're from my district, the 19 West Genesee Street -- West Genesee High School, 20 Eilene Katz and David Norman, who are the 21 directors of the chamber choir and the mixed 22 chorus, and members of both groups are up there 23 and I just want to welcome them and congratulate 1995 1 them on their fine performance today. 2 ACTING PRESIDENT SPANO: Of 3 course, we would also like to welcome Senator 4 DeFrancisco's students who are also here today 5 and hope you're enjoying your visit to the state 6 Capitol. 7 Senator Present. 8 SENATOR PRESENT: Would you 9 recognize Senator Larkin, please? 10 ACTING PRESIDENT SPANO: Senator 11 Larkin. 12 SENATOR PRESENT: There will be 13 an immediate meeting of the Local Governments 14 Committee in Room 332. 15 ACTING PRESIDENT SPANO: 16 Immediate meeting of the Local Governments 17 Committee in Room 332. 18 Senator Present. 19 SENATOR PRESENT: Mr. President, 20 I move that we adopt the Resolution Calendar 21 with the exception of Resolution Number 3072. 22 ACTING PRESIDENT SPANO: The 23 question is on the adoption of the Resolution 1996 1 Calendar with the exception of Resolution 3072. 2 All those in favor signify by 3 saying aye. 4 (Response of "Aye.") 5 Opposed, nay. 6 (There was no response.) 7 The resolutions are adopted. 8 Senator Present. 9 SENATOR PRESENT: Would you 10 recognize Senator Kuhl, please? 11 ACTING PRESIDENT SPANO: Senator 12 Kuhl. 13 SENATOR KUHL: Yes, Mr. 14 President. I understand you have a privileged 15 resolution at the desk, Resolution Number 3072. 16 I would like to have the Secretary read it in 17 its entirety, please. 18 ACTING PRESIDENT SPANO: The 19 Secretary will read the resolution. 20 THE SECRETARY: Legislative 21 Resolution, by Senator Kuhl, mourning the death 22 of Judge Domenick Gabrielli, distinguished 23 citizen and philanthropist. 1997 1 It is the custom of this 2 legislative body to mourn publicly the death of 3 prominent citizens of the state of New York 4 whose life work and civic endeavor served to 5 enhance the reputation of the state; 6 Former state Court of Appeals 7 Associate Judge Domenick L. Gabrielli, who after 8 11 years ago, remained active in state legal 9 circles, died on Friday, March 25th, 1994, at 10 Villa Mary Immaculate Nursing Home at the age of 11 81; 12 Judge Domenick Gabrielli 13 distinguished himself by his sincere dedication 14 and substantial contribution to the welfare of 15 his community; 16 Judge Domenick Gabrielli's spirit 17 of humanity, of devotion to the good of all, 18 carried over into all fields of enterprise, 19 including charitable and philanthropic work; 20 Judge Domenick Gabrielli, a 21 native of Rochester who made his home since 1987 22 -- who made Albany his home since 1987, was 23 regarded as one of the most respected jurists in 1998 1 the state, having risen through the ranks of the 2 courts in a career that spanned 24 years; 3 Judge Gabrielli was -- graduated 4 from Haverling High School in Bath and St. 5 Lawrence University, was born December 13th, 6 1912, the son of immigrants Rocco and Veronica 7 Gabrielli; 8 Judge Gabrielli graduated from 9 Albany Law School in 1936, where he served as 10 editor of the Law Review and was admitted to the 11 bar in 1937. He was admitted to practice before 12 the United States Supreme Court that same year; 13 He began his legal career in 14 private practice in Bath, Steuben County, where 15 he also served as corporation counsel; 16 In January of 1953, Judge 17 Gabrielli was appointed Steuben County District 18 Attorney by then Governor Thomas E. Dewey and 19 was elected to a full term that fall; 20 In 1957, he was elected Steuben 21 County Court Judge and Children's Court Judge, 22 and on July 13th, 1961, was designated a Justice 23 of the Supreme Court for the 7th Judicial 1999 1 District; he was elected to a full term in 2 November, 1961; 3 Governor Nelson A. Rockefeller 4 designated Judge Gabrielli an associate justice 5 of the Appellate Division in Albany in 1967, and 6 in 1969 he moved to the Appellete Division in 7 Rochester; 8 Judge Gabrielli, a Navy World War 9 II combat veteran who served as lieutenant, 10 joined the Rochester-based law firm of Nixon 11 Hargrave Devans & Doyle as senior counsel in 12 1982 upon retiring from the bench at the age of 13 70; he transferred to the firm's Albany office 14 in 1987 and retired from legal practice in 15 December, 1992; 16 He served as Chairman of the 17 Board of Trustees of Albany Law School from 1984 18 to 1989, and was the founder of the Gabrielli 19 Moot Court Statewide Competition sponsored by 20 the law school; he also served on the Board of 21 Governors of Union University; 22 Judge Domenick Gabrielli was a 23 former chairman of the Governor's Statewide 2000 1 Judicial Selection Screening Committee, the 2 Governor's 4th Judicial Department Selection 3 Committee for the Appellate Division, the State 4 Bar Association's Media Awards Committee, Vice 5 Chairman of the State's Bicentennial of the 6 Constitution Commission, was Special Counsel to 7 the State Comptroller for Ethics and Conflicts 8 of Interest and former President of the Bar 9 Association's Bar Foundation; 10 Judge Domenick Gabrielli was 11 awarded a number of honorary degrees, including 12 ones from St. Lawrence University, Albany Law 13 School, Siena College, Brooklyn Law School, 14 Nazareth College and St. John's University Law 15 School; he also was the recipient of the state 16 Bar Association's Gold Medal Award; 17 Judge Domenick Gabrielli is 18 survived by his wife, Dorothy, his two children, 19 Veronica G. Dumas and Michael E. Gabrielli, four 20 grandchildren, Gabrielle, Desarae, Mackenzie and 21 Morgan; and one great-grandchild, Audriana; 22 For the countless many who knew 23 and loved him, the death of Judge Domenick 2001 1 Gabrielli has most seemingly curtained the world 2 in darkness; 3 Like the light at dawn which so 4 completely eclipses the brightness of night's 5 stars, the life of Judge Domenick Gabrielli 6 bears radiant testimony that the ideals of 7 honor, courage, loyalty and dedication and of 8 personal love yet endure; now, therefore, be it 9 RESOLVED that this legislative 10 body pause in its deliberations in a moment of 11 silent tribute to Judge Domenick Gabrielli, a 12 warm, sensitive, caring and responsive man, 13 whose unselfish concern for the welfare of 14 others endowed and enhanced the lives of those 15 so fortunate as to call him family and friend; 16 and to further express its deepest condolences 17 to his beloved wife, Dorothy; his son, Michael; 18 his daughter, Veronica; his granddaughters, 19 Gabrielle, Desarae, Mackenzie and Morgan; and 20 his great-granddaughter Audriana; and be it 21 further 22 RESOLVED that copies of this 23 resolution, suitably engrossed, be transmitted 2002 1 to the family of Judge Domenick Gabrielli. 2 ACTING PRESIDENT SPANO: Senator 3 Kuhl. 4 SENATOR KUHL: Yes, Mr. 5 President. 6 First of all, I would like to 7 extend an open opportunity to any of the members 8 of the chamber who would like to be a co-sponsor 9 of this resolution. If -- why don't we put 10 everybody on? If anybody objects, they can come 11 to the desk afterwards. 12 Mr. President, it's certainly 13 with a great deal of pride, but more in 14 particular, a great deal of sadness that I rise 15 to speak to this resolution. 16 Judge Domenick Gabrielli was 17 truly a favorite son of my home county, Steuben 18 County, I think known to a great many people in 19 this chamber in one fashion or another. "Mike" 20 Gabrielli, as he was fondly known, was certainly 21 known throughout his home county of Steuben 22 County where he grew up, and I had the good 23 occasion to know him at a very young age. He 2003 1 was very good friends with my parents and I had 2 the opportunity of growing up with his children, 3 and I watched him progress from obviously a 4 youngster's point of view, through the roles 5 that he fulfilled so well, and he started out a 6 local attorney representing the municipality of 7 Bath, and he grew, and he grew into a number of 8 governmental positions, first as a district 9 attorney. Then he became a judge and then 10 elevated himself to perhaps the highest judicial 11 position in this state that an individual can 12 acquire, be elected to or appointed to, and that 13 being an associate judge of the Court of 14 Appeals. 15 But "Mike" Gabrielli was truly a 16 man of the people. His parents were immigrants 17 from Italy. He took a great deal of fondness in 18 his heritage, but he started out -- and one of 19 his first jobs was shining shoes at the local 20 courthouse and from that emerged a real man, a 21 man who all of us knew and loved. 22 What I would like to do, Mr. 23 President, is to, not in my own words, but I 2004 1 think the words of one of the local newspapers, 2 read to you what I think is a very, very exact 3 expression of what "Mike" Gabrielli meant to the 4 people in my district. It goes as follows: 5 "To his friends in Albany, he 6 will be remembered for his scholarly legal work 7 and his conservative opinions on legal issues, 8 especially those involving crime, punishment and 9 the death penalty. To those in the political 10 circles, he will be remembered for his sharp 11 political acumen, but to the people in Bath, he 12 will be remembered as a hometown boy who arose 13 from the streets of Bath to the state's highest 14 court but never forgot his roots. 15 "Bath and its environment shaped 16 Gabrielli and his character. He believed 17 strongly in family, country, hard work and 18 community, ideals that were shaped in his 19 hometown. He started out shining shoes at the 20 steps of the Steuben County Courthouse. 21 "Throughout his life he was 22 proud of his Italian ancestry. He was a devout 23 Catholic, receiving the highest honor given to 2005 1 lay Catholics. He was active in veterans' 2 groups and delighted talking about his service 3 during World War II. He dedicated countless 4 hours to the Boy Scouts of America. His life 5 was a testimony to the American dream. By 6 working hard and giving back to your community, 7 you can succeed." 8 And that, I think, is the life of 9 "Mike" Gabrielli. 10 Thank you, Mr. President. 11 ACTING PRESIDENT SPANO: Senator 12 Marchi. 13 SENATOR MARCHI: Mr. President, 14 Senator Kuhl's resolution really applies to a 15 magnificent individual, one of the real giants 16 of our time. 17 I -- over the years, I must have 18 broken bread with him at least several hundred 19 times. We would be over at St. Mary's here in 20 the morning and then having breakfast at the Ten 21 Eyck, and what an experience. This man was 22 filled with goodness, with brilliant insights 23 into the law, a spiritual dimension that knew no 2006 1 measure. Words are simply inadequate to 2 describe this person as a factor in your life, 3 if you had the privilege and the honor of 4 sharing moments with him. I don't think anyone 5 who ever spent some time with Judge Gabrielli 6 would ever forget him, because of those real 7 warm qualities that he exhibited and the feeling 8 that this was an accomplished individual who had 9 mastered -- mastered the law, mastered the law 10 of life and had an exemplary family that I'm 11 sure, when this trauma begins to settle, this 12 will be a consoling factor in their life, 13 because everything, every contact they had with 14 him was one that consoled and strengthened. 15 So, I do believe that he was 16 really one of the great judges of the 20th 17 Century and in the state of New York, and it's 18 proper and fitting that we observe his passing 19 and thank the Lord that we had him with us as 20 long as we did, and he contributed so much to 21 the society in which he worked and functioned so 22 beautifully. 23 ACTING PRESIDENT SPANO: Senator 2007 1 Maltese. 2 SENATOR MALTESE: In the words of 3 Randy Kuhl, who knew him from the district and 4 Senator Marchi who knew him so many years, I can 5 say nothing that would add a great deal to those 6 memorial words, but "Mike" Gabrielli was - 7 exerted a great influence on the lives of not 8 only so many of us in politics or in law but the 9 young people of his community, the young 10 attorneys who used him as a model, a mentor, 11 that people like Judge Bellacosa who, in a way, 12 learned the law trade and the judicial trade at 13 his knee. 14 I first came to know Judge 15 Gabrielli, "Mike," so well in 1972 when he ran 16 for election to the Court of Appeals, and to 17 know him was to love him. He was a charming 18 individual, a kind individual. In the 19 intervening years, I never heard one solitary 20 word of criticism either about him or from him 21 about any human being. 22 He was well-known, as Senator 23 Marchi has indicated, as a daily communicant, a 2008 1 very deeply religious man. He always had a 2 twinkle in his eye, always with a kind word. 3 Having visited him during the 4 period that he was a Court of Appeals justice - 5 how many others do we know that would host 6 cookies and milk or cookies and coffee and be so 7 entertaining and charming that you hated to 8 absent yourself from him? 9 The Judge took pride in the fact 10 that, in 1972, when judges of the Court of 11 Appeals were still elected, that he exceeded the 12 vote total of any other judge running for office 13 at the time and deservedly so. As is often 14 said, "Mike" Gabrielli was a giant of a man, a 15 model to other Italian-Americans and, indeed, 16 Americans -- all Americans. He will be sorely 17 missed. 18 I know that he presided over so 19 many swearing-ins of other public officials, 20 myself included, always with a kind remark. He 21 seemed to know everybody in the courthouse, 22 seemed to know everybody in the Capitol. There 23 wasn't a time that you parted from him that he 2009 1 didn't ask that his good wishes and greetings be 2 given to your wife or the members of your 3 family. 4 He was a great human being, a 5 great judge, and I and others will sorely miss 6 him. 7 ACTING PRESIDENT SPANO: Senator 8 Volker. 9 SENATOR VOLKER: Mr. President, 10 very briefly, I too want to say that Judge 11 Gabrielli was a good friend of mine as well as 12 the family. Actually, he had known my father 13 much better, I think, than myself, although he 14 also swore me in for the first time when I was 15 sworn into the Senate. 16 There is no question he was a 17 towering judge, even though his stature might 18 not warrant it, but his knowledge of the law was 19 virtually unequalled and I think, as Randy said 20 and Serph', he was a man, a gentle man and 21 somebody who you just didn't picture as a judge 22 because he had such a gentlemanly demeanor that 23 he just seemed like the friendly fellow down the 2010 1 block. 2 I know that the people of Steuben 3 County looked at him as almost a figure of epic 4 proportions, and I would only ask that, from my 5 perspective, that I want to remember him as a 6 person who was thoughtful and gracious, and I 7 hope that his family is able to -- is able to 8 withstand his loss in good stead, and that we 9 all say a little prayer for them. 10 SENATOR DOLLINGER: Mr. 11 President. 12 ACTING PRESIDENT SPANO: Senator 13 Dollinger. 14 SENATOR DOLLINGER: Mr. 15 President, I rise to join my other colleagues in 16 this moment of sadness upon the death of "Mike" 17 Gabrielli. I knew him in a very unusual way, 18 different from my other colleagues. I was a 19 student at Albany Law School when he was named 20 the chairman of the Board of Trustees, and the 21 one thing I'll never forget is that he had a 22 tremendous devotion to the education of lawyers 23 and he followed that education both if you 2011 1 served as his clerk or if you were a student at 2 a law school of which he had graduated and which 3 he worked through most of his life to try to 4 support. 5 I can always remember the story 6 that Dick Bartlett told me when he was the dean 7 and Dom Gabrielli was the chairman of the board, 8 and we were in a room at a party together and 9 someone had mentioned that there was someone in 10 the room who was a likely contributor to the law 11 school, and Dick Bartlett said, "'Mike' 12 Gabrielli can put the touch on someone better 13 than anyone I know." 14 And he had the wit; he had the 15 warmth; he had the dimension; he had a real 16 touch with people and as I said, I only knew him 17 briefly in my capacity as a student and later as 18 a young lawyer but he did marvelous things for 19 Albany Law School and for the education of 20 lawyers. 21 I know it's mentioned in Senator 22 Kuhl's resolution, but I would be remiss if I 23 didn't also extend my personal thanks to him as 2012 1 a graduate of that law school, for all the work 2 and, frankly, all the money and all the 3 fund-raising that he did on that law school's 4 behalf. 5 ACTING PRESIDENT SPANO: Question 6 is on the resolution. 7 All those in favor signify by 8 saying aye. 9 (Response of "Aye.") 10 Opposed, nay. 11 (There was no response.) 12 The resolution is adopted. 13 Senator Daly. 14 SENATOR DALY: Mr. President, 15 there will be an immediate meeting of the 16 Corporations and Authorities Committee 17 immediately outside the chamber. 18 ACTING PRESIDENT SPANO: 19 Immediate meeting of the Corporations Committee 20 outside the chamber. 21 Senator Holland. 22 SENATOR HOLLAND: Can you remove 23 the star on my bill S.2839, please? 2013 1 ACTING PRESIDENT SPANO: Senate 2 2829, remove the star. 3 SENATOR HOLLAND: 2839. 4 ACTING PRESIDENT SPANO: 2839, 5 remove the star. Remove the star, Calendar 233. 6 Senator Gold. 7 SENATOR GOLD: No, no, no. 8 Senator Present. 9 SENATOR PRESENT: Mr. President, 10 let's take up the non-controversial calendar. 11 ACTING PRESIDENT SPANO: 12 Secretary will -- Senator Daly. 13 SENATOR DALY: That meeting of 14 the Corporation and Authorities Committee has 15 been changed to the Majority Conference Room. 16 ACTING PRESIDENT SPANO: Meeting 17 of the Corporations Committee meeting in Room 18 332 in the Capitol. 19 The Secretary will read the 20 controversial calendar -- sorry, the 21 non-controversial calendar. 22 THE SECRETARY: On page 7, 23 Calendar Number 26, by Senator Seward - 2014 1 SENATOR GOLD: Lay it aside, 2 please. 3 SENATOR SEWARD: Star that bill, 4 please. 5 ACTING PRESIDENT SPANO: Star the 6 bill at the request of the sponsor. 7 THE SECRETARY: On page 9, 8 Calendar Number 345, by Senator Maltese, Senate 9 Bill Number 4917-A, Civil Service Law, in 10 relation to the duration of civil service 11 eligible lists. 12 ACTING PRESIDENT SPANO: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT SPANO: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 57. 20 ACTING PRESIDENT SPANO: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 353, by Senator Cook, Senate Bill Number 6776-A, 2015 1 an act to amend the Insurance Law. 2 ACTING PRESIDENT SPANO: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT SPANO: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 57. 10 ACTING PRESIDENT SPANO: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 375, by Senator Volker - 14 SENATOR PRESENT: Lay it aside. 15 ACTING PRESIDENT SPANO: Lay it 16 aside. 17 Senator Volker. 18 SENATOR VOLKER: Mr. President, 19 would you please star that bill pending an 20 amendment, that's 375, please? 21 ACTING PRESIDENT SPANO: Star 22 Calendar 375 at the request of the sponsor. 23 SENATOR VOLKER: Thank you. 2016 1 THE SECRETARY: Calendar Number 2 401, by Senator Skelos - 3 SENATOR PRESENT: Lay it aside. 4 ACTING PRESIDENT SPANO: Lay it 5 aside. 6 SENATOR GOLD: For the day. 7 THE SECRETARY: Calendar Number 8 423, by Senator Farley, Senate Bill Number 9 5152-A, Real Property Tax Law. 10 ACTING PRESIDENT SPANO: Read the 11 last section. 12 SENATOR GOLD: Lay it aside. 13 ACTING PRESIDENT SPANO: Lay it 14 aside. 15 THE SECRETARY: Calendar Number 16 464, by Senator Farley, Senate Bill Number 1595, 17 an act to amend the Banking Law and the Criminal 18 Procedure Law. 19 SENATOR FARLEY: Read the last 20 section. 21 ACTING PRESIDENT SPANO: Read the 22 last section. 23 THE SECRETARY: Section 2. This 2017 1 act shall take effect immediately. 2 ACTING PRESIDENT SPANO: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 57. 6 ACTING PRESIDENT SPANO: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 469, by Senator Cook, Senate Bill Number 2289, 10 State Finance Law - 11 SENATOR GOLD: Lay it aside. 12 ACTING PRESIDENT SPANO: Lay it 13 aside. 14 THE SECRETARY: Calendar Number 15 470, by Senator Farley, Senate Bill Number 6772, 16 New York State Printing and Public Documents 17 Law. 18 ACTING PRESIDENT SPANO: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT SPANO: Call the 23 roll. 2018 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 57. 3 ACTING PRESIDENT SPANO: The bill 4 is passed. 5 Senator Present, that's the non 6 controversial calendar. 7 SENATOR PRESENT: Controversial 8 calendar. 9 ACTING PRESIDENT SPANO: The 10 Secretary will read. 11 THE SECRETARY: On page 11, 12 Calendar Number 401, by Senator Skelos, Senate 13 Bill Number 60... 14 SENATOR PRESENT: Lay it aside 15 for the day. 16 ACTING PRESIDENT SPANO: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 423, by Senator Farley, Senate Bill Number 20 5152-A, Real Property Tax Law. 21 SENATOR GOLD: Hold on one 22 second. Last section. 23 ACTING PRESIDENT SPANO: Read the 2019 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT SPANO: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 57. 8 ACTING PRESIDENT SPANO: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 469, by Senator Cook, Senate Bill Number 2289, 12 State Finance Law, in relation to court 13 facilities incentive aid. 14 SENATOR GOLD: I just have a 15 question, if Senator Cook is available. I just 16 have a simple simple question. 17 Senator Present? 18 SENATOR PRESENT: Lay it aside 19 temporarily and return to reports of standing 20 committees. 21 ACTING PRESIDENT SPANO: Lay the 22 bill aside temporarily. 23 Reports of standing committees. 2020 1 The Secretary will read. 2 THE SECRETARY: Senator Larkin, 3 from the Committee on Local Government, reports 4 the following two bills directly for third 5 reading: 6 Senate Bill Number 7239, by 7 Senator Marino and others, General Municipal 8 Law, in relation to the designation of economic 9 development zones. Also, Senate Bill Number 10 7318, by Senators Larkin and Libous, Real 11 Property Tax Law, in relation to improvements 12 required by the Americans with Disabilities Act 13 of 1990. 14 Both bills reported directly for 15 third reading. 16 ACTING PRESIDENT SPANO: Without 17 objection, third reading. 18 Senator Present. 19 SENATOR PRESENT: Stand at ease 20 just a moment while awaiting another report from 21 a standing committee. 22 ACTING PRESIDENT SPANO: The 23 Senate will stand at ease. 2021 1 (Whereupon, the Senate stood at 2 ease.) 3 SENATOR LEICHTER: Mr. President. 4 ACTING PRESIDENT SPANO: Senator 5 Leichter. 6 SENATOR LEICHTER: While we're at 7 ease, Mr. President, on Calendar 464 which 8 passed while I was out of the chamber, I want to 9 be excused from voting on that bill, so would 10 you please note that? 11 ACTING PRESIDENT SPANO: That's 12 Calendar 464, without objection. 13 Senator Present. 14 SENATOR PRESENT: Mr. President, 15 can we call up Calendar 469, please? 16 ACTING PRESIDENT SPANO: The 17 Secretary will read Calendar 469. 18 THE SECRETARY: Calendar Number 19 469, by Senator Cook, Senate Bill Number 2289, 20 an act to amend the State Finance Law, in 21 relation to court facilities incentive aid. 22 ACTING PRESIDENT SPANO: Read the 23 last section. 2022 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT SPANO: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 58. 7 ACTING PRESIDENT SPANO: The bill 8 is passed. 9 SENATOR PRESENT: Can we continue 10 our standing at ease while awaiting the report 11 of a standing committee? 12 (Whereupon, the Senate stood at 13 ease.) 14 ACTING PRESIDENT SPANO: Senator 15 Present. 16 SENATOR PRESENT: Mr. President, 17 can we return to reports of standing committees? 18 I believe there's one at the desk. 19 ACTING PRESIDENT SPANO: The 20 Secretary will read it. 21 THE SECRETARY: Senator Daly, 22 from the committee on Corporations, Authorities 23 and Commissions, reports the following bill 2023 1 directly for third reading: 2 Senate Bill Number 7125, by 3 Senators Velella, Leichter and Mendez, an act to 4 amend Chapter 499 of the Laws of 1991, amending 5 Chapter 285 of the Laws of 1891, relating to the 6 establishment of the New York Botanical Garden. 7 ACTING PRESIDENT SPANO: Without 8 objection, third reading. 9 Senator Hoffmann. 10 SENATOR HOFFMANN: Mr. President, 11 I believe I have some motions to discharge 12 several bills at the desk. 13 ACTING PRESIDENT SPANO: Yes, we 14 do have them here. 15 SENATOR HOFFMANN: Thank you. 16 I would like to discharge those 17 motions today, if it suits your pleasure, Mr. 18 President. 19 ACTING PRESIDENT SPANO: Senator 20 Hoffmann. 21 SENATOR HOFFMANN: Thank you. 22 3509? Thank you. 23 THE SECRETARY: By Senator 2024 1 Hoffmann, Senate Bill Number 3509, an act to 2 amend the Public Officers Law, in relation to 3 exempting political committees. 4 SENATOR HOFFMANN: Thank you, Mr. 5 President. 6 This has become somewhat of an 7 annual event for those of us in the Senate, and 8 I'm delighted to see as many friendly faces in 9 the chamber as I see today and I know that there 10 are other people with their ears close to the 11 box in the lounge and in their offices, but I am 12 more encouraged by the fact that all over this 13 state, there are now people who care very deeply 14 about this particular measure, and regardless of 15 whether I speak or some of you speak or none of 16 us speak on the floor today, the issue that's 17 manifested in Senate 3509 is not going to go 18 away. In fact, I was quite pleased a little 19 while ago to be joined by the president of 20 Change New York, the past Master of the New York 21 State Grange, and representatives from some 22 other organizations who sent in writing their 23 comments about why they fervently believe we 2025 1 need to change the Open Meetings Law and other 2 rules and laws that affect the operation of this 3 Legislature. 4 What we do here in Albany 5 frequently brings ridicule upon us as 6 individuals and, more importantly, it disgraces 7 the chamber that we operate in, and all too 8 often people regard with suspicion our motives 9 because what we do here is crafted in secrecy, 10 is subject to partisan control and very often 11 gives the impression of having been motivated by 12 political considerations rather than a 13 willingness to serve the taxpayers of this 14 state. 15 We could do wonders to change 16 this perception. No public relations person 17 could come and give better advice to us about 18 how to improve our sense of prestige in this 19 state than by cleaning up our act and passing 20 these bills today. We could then turn to the 21 business at hand. We could address the problems 22 caused by loss of jobs, by increased need for 23 services, by feeding and clothing people who are 2026 1 unable to do that themselves, providing 2 increased job opportunities through economic 3 development programs. 4 The wide range of 5 responsibilities that are out there for us to 6 address, all too often come second to our 7 partisan responsibilities as members of two 8 political conferences. And what is particularly 9 unfortunate is the fact that we are completely 10 out of sync with the people of this state 11 because an increasing number of people of this 12 state no longer belong to political parties but, 13 instead, have chosen to be independent or 14 operate out of a third or a fourth party. 15 In this chamber, if you want to 16 assume for a moment that it makes some sense to 17 have closed door party conferences as the 18 principal motive in decision-making, please 19 remember that every time the Majority in this 20 house meets and makes decisions in secret, they 21 are speaking for 31 percent of the registered 22 voters in New York State, because that's how 23 many registered voters have chosen to declare 2027 1 themselves as Republican party members in New 2 York State, 2.7 million -- 2.75 million. That's 3 as of November 1993. Democrats fare slightly 4 better, if it makes any difference. 47 percent 5 of the voters in this state are registered as 6 Democrats, but in neither case is there a clear 7 majority of the members of this house 8 representing a clear majority of the voters of 9 this state who have chosen a political banner 10 next to their name and, in fact, it makes sense 11 for us to look at it the other way. 12 Every time the Republican 13 Majority in this house goes into its conference 14 room, makes a decision and then ratifies it some 15 time after midnight on the floor of this 16 chamber, 67.7 percent of the people of this 17 state who are registered voters have been 18 effectively disenfranchised. 19 How can we justify conducting our 20 business under this partisan banner? How can we 21 continue claiming that we are representing the 22 needs of the people of this state when we do it 23 under a political definition and not through the 2028 1 committees and through the responsibilities that 2 should motivate us to act in the public's 3 behalf? 4 There was an opportunity in 1985 5 for us to address this situation. The courts 6 ruled that we were violating the Open Meetings 7 Law, that we were meeting illegally every time 8 public business was being discussed in a closed 9 party conference, specifically when a majority 10 of the members of either house met in secret. 11 In an effort to comply with that 12 law, we could have at that time acceded and 13 changed our way of doing business to allow 14 committees to function sensibly, but instead, 15 this Legislature, in haste, in the middle of a 16 budget season no less -- while we were late for 17 a budget by several days already, this 18 Legislature rushed in to print a bill in 24 19 hour's time instead of complying with the law to 20 change the law so that we would specifically 21 exempt our party conferences from public 22 scrutiny. 23 Now, S.3509 -- what's my bill 2029 1 number here? S.3509 has an escape clause in 2 there, friends, that should be big enough to 3 drive a cement truck through. If it is still 4 important to you to meet under this political 5 banner, then all you need to do is announce to 6 the taxpayers of this state, we are closing the 7 doors and we are meeting as Republicans or we 8 are meeting as Democrats, to discuss political 9 business. There is that opportunity. 10 Reapportionment, I suppose, would 11 be a situation that some people might find 12 warrants that type of action, but how can we 13 justify making decisions about taxes, about 14 economic development, about social services by 15 people who sit in a closed conference room as 16 Republicans or who sit in a closed conference 17 room as a Democrat -- as Democrats? 18 The public of this state is fed 19 up. They want a change and they will hold us 20 accountable. The organizational list is 21 growing. They are paying much more attention 22 now than they ever did in the past, to the 23 process by which we operate because they are not 2030 1 satisfied with the product. So, even when we 2 come up with good solutions through this 3 ridiculous system, we are still going to be 4 excoriated publicly because we have done it 5 secretly and that we are, therefore, suspect. 6 So, I would ask all of my 7 colleagues today to join with freed hostage 8 Terry Anderson, who has come back from seven 9 years in captivity in a Third World country and 10 with a wide range of issues to which he could 11 have dedicated his newfound energy and freedom, 12 he decided that the most pressing thing before 13 him was reforming the New York State 14 Legislature, and he has created an organization 15 called New York Renaissance, and among the other 16 issues that he's supporting are these reform 17 bills and Terry Anderson, I'm very pleased to 18 say, has been stumping the state, urging the 19 taxpayers, the voters of this state, to join 20 with you and me in reforming the way we conduct 21 our business. 22 The Mohawk Valley Building and 23 Construction Trades Council, which represents 2031 1 about 3,000 people who work in the Mohawk Valley 2 -- several of us have constituents in that 3 group -- sent the following very nice letter in 4 today: 5 "The Mohawk Valley Building and 6 Construction Trades Council supports your 7 proposed four steps to reforming state 8 government. The public trust in today's elected 9 officials has reached an all time low. The 10 closed door meetings, excessive spending, the 11 enormous power of a choice few give an image of 12 questionable improprieties. 13 The four steps you have proposed 14 would demand that the complete legislative body 15 be responsible and accountable. This would also 16 help create an atmosphere to raise the level of 17 trust in today's elected officials. The members 18 in their respective trades of the Mohawk Valley 19 Building and Construction Trades Council will 20 take an active part in supporting your 21 proposals." 22 "An active part"; that means 23 they are not going to be content with the 2032 1 outcome of today's deliberations. They will 2 insist that from now through the end of this 3 session, along with other organizations that 4 have already gone on record, they will insist 5 that we make some of these changes happen. 6 I have no pride of authorship on 7 these proposals, my friends. I would be very 8 happy to remove my name and gladly give these 9 bills over to Senator Marino. They could become 10 leaders' bills. They could become Rules bills. 11 There are any number of ways that I would be 12 more than willing to accommodate the leadership 13 of this house if the desire is for someone else 14 to be identified with these measures. 15 In fact, I have circulated them 16 and have requested co-sponsorship from every 17 member of this house for four years con 18 secutively and, to date, I have seen an 19 increased number of colleagues on this side of 20 the aisle add their name to one or more or all 21 of the bills but, as of yet, I'm sorry to say, I 22 have not seen a single one of my Republican 23 colleagues join me in co-sponsorship, and I'm 2033 1 particularly saddened by that because I know a 2 number of you approached me or asked my office 3 to provide information about these bills during 4 the time of your campaigns. I have read in 5 print how some of you have indicated a desire to 6 see these things happen or a willingness 7 conceptually to reform the Legislature and, in a 8 few cases, even absolute commitment to support 9 these ones elected. 10 So I am left at a complete loss 11 to understand how it is you could, on the one 12 hand, be committed to reform and to believe that 13 we should have an open and fair process and then 14 on the other hand, refuse even to engage in 15 debate on the floor of this Senate today. 16 The record is abysmal of what we 17 have done over the last few years with our late 18 night sessions and with bills that were 19 initially agreed to by the leaders and the 20 Governor and forced upon us in the middle of the 21 night. The lag payroll is one that has got 22 everybody around the state smirking and wagging 23 their fingers at us. 2034 1 Do you remember how we instituted 2 a lag payroll one year as a budget balancing 3 gimmick? In 1990, it was some time after 4 midnight, I recall a Finance Committee meeting 5 called off the floor so that we could quickly 6 ratify in Finance, the bill that would then pass 7 on the floor as part of a budget amendment. It 8 was a one week additional lag payroll. It was 9 designed to save the state $135 million which 10 was used to close part of the budget deficit. 11 Several things came up during that little 12 Finance Committee meeting that, I think, bear 13 review. 14 First of all, that was the first 15 opportunity any of us had as Senators to see 16 what had been discussed in the press for a 17 couple of years. The bill was presented to us 18 some time after midnight and, of course, we were 19 expected to vote on it immediately. I recall 20 asking the chairman of the Finance Committee at 21 the time if this was, in fact, legal. He said 22 there were assurances that it was legal but 23 offered nothing in the way of proof. I then 2035 1 asked if it could be amended so that legislators 2 would be included in the lag as well, and I was 3 told by the chairman of the Finance Committee, 4 "Under our rules, there are no provisions to 5 amend bills in committee." 6 Eventually, after the lag payroll 7 was passed that night and put into effect, it 8 was the Court of Appeals which overruled our 9 actions and made it very clear that we had 10 operated illegally that night. Of course, we 11 had operated illegally that night because we 12 didn't know any better. We weren't given the 13 opportunity to do our jobs thoughtfully and 14 deliberately. We were not even given the 15 opportunity to take advantage of legal resources 16 that should have been in place that evening in 17 the Legislature. It was another clear example 18 of manipulation by the party leadership done in 19 political deal-making behind closed doors, and 20 then a charade played out here on the floor of 21 the Senate in front of the press and a few 22 listening lobbyists. 23 The retirement system was 2036 1 similarly sabotaged by this Legislature as a 2 result of the closed-door deal-making and the 3 late night sessions. Chapter 210 of the Laws of 4 1990 changed the method of computing municipal 5 and state contributions to the State Retirement 6 Fund from the aggregate cost method which none 7 of us in this room would probably be able to 8 explain on short notice, to the projection unit 9 credit method, in shorthand, the ACM to the puck 10 method. 11 Everybody remembers being asked 12 to write letters and explain what it was we had 13 done. I had the good sense or at least the good 14 luck to be awake at the time that this measure 15 came up and to raise my hand to vote in 16 opposition, so at least I could write back to 17 people who wanted an explanation and say I 18 didn't fully understand it but it didn't make 19 any sense, so I voted against it. I was, 20 therefore, not surprised when the Court of 21 Appeals ruled on November 16th of 1993 in the 22 case McDermott versus Regan and New York State, 23 that Chapter 210 of the Laws of 1990 was, in 2037 1 fact, unconstitutional under Article V, Section 2 7 of the New York State Constitution, which 3 requires that a retirement system's member's 4 benefits not be diminished or impaired. So, as 5 of March 1994, the postponed payments of the 6 retirement system, which totaled $4 billion, had 7 to be repaid back. 8 Now, the Comptroller, our new 9 Comptroller, is left to contend with this mess, 10 and he has proposed a four-year plan in which 11 that $4 billion now must be paid back. What we 12 did is unconscionable in an effort to allow 13 ourselves to continue spending like drunken 14 sailors. We took a $4 billion, no interest, 15 illegal loan from the retirement system of this 16 state, and we did it in the middle of the night 17 and we did it without any kind of public 18 deliberations that would have allowed some sense 19 of reason to prevail. 20 Is there any wonder then that 21 people are now writing editorials attacking us? 22 One that appeared yesterday in New York Newsday 23 has, as a lovely headline. It says, "They're 2038 1 Just as Pure as the Driven Slush," by Pulitzer 2 Prize winning writer Sydney Schanberg, in which 3 he excoriates us for the $60 million slush fund 4 rollover as part of our legislative budget. 5 The list of abuse is longer than 6 any one of us want to recount in this chamber 7 this afternoon, and there will be new examples 8 before we leave here at the end of this session, 9 I'm sure, but the big question we have to ask 10 ourselves is how much longer we want to 11 individually and collectively be part of an 12 operation which is diminished daily in the 13 public's eyes. How much longer do we want this 14 ridicule heaped upon us, and how much longer are 15 we going to misrepresent to the people at home 16 that we are part of an earnest process of 17 deliberations when we know, in fact, we are part 18 of political deal-making of the rankest order. 19 I won't debate every single one 20 of these measures at great length, Mr. 21 President. I thank you for the opportunity, 22 such as it is, to bring these up. I would have 23 preferred to have discussed these around a table 2039 1 with my colleagues in a committee meeting. 2 There are several committees that probably would 3 have been appropriate; Codes, for instance, 4 where we could have sat, rolled up our sleeves 5 and like ladies and gentlemen, discussed the 6 advantages of changing the process by which we 7 conduct legislation, but that opportunity 8 doesn't exist for me. 9 As a Minority member of this 10 house, my bills are not afforded the courtesy of 11 discussion in committees with rare exceptions 12 and, in fact, I took the time to do the research 13 on how Minority members' bills fare in general 14 in the Senate and, to date this year, we have 15 had only one Democratic bill pass this chamber. 16 In contrast, 368 Republican bills have passed. 17 Now, let's think about this for a moment. There 18 are 26 Democrats, 35 Republicans. Are we lazy 19 sloths? Do we have no wit? Do we have 20 absolutely no intellect? I don't think so. We 21 simply don't have access to a system that is 22 designed to benefit a political party and create 23 a grandiose image for the people who happen to 2040 1 have an "R" as opposed to a "D" next to their 2 name. 3 So, the taxpayers of this state 4 are left to wonder why only .27 percent of the 5 bills to come out of this chamber to date have a 6 Democratic sponsor and 99.73 percent of the 7 bills have Republican sponsors. There used to 8 be a time when it was possible at election time 9 to go out into a district and claim that a 10 Democrat should not be elected or should be 11 thrown out of office because he or she didn't 12 know what to do, was incapable of responding 13 through legislation, didn't try hard enough. 14 I've experienced all of that, and I'm sure 15 Senator Jones is going to live through that 16 infamy this fall. Well, it's a lie, and now 17 that people of this state understand it's a lie, 18 and they hold you in contempt for abusing this 19 chamber, to manipulate your political goals. 20 I would ask all of my colleagues 21 to join in discharging Senate 3509 from 22 committee so that it could be brought to the 23 full Senate for a vote this afternoon, Mr. 2041 1 President. 2 SENATOR MARCHI: Would the 3 Senator yield for a question? 4 SENATOR HOFFMANN: Yes, Senator. 5 SENATOR MARCHI: I'm sure that - 6 I'm convinced that you're advancing these in all 7 sincerity, but is there any law that prevents 8 either conference from opening their doors and 9 saying, "Come on in," press or anyone who wants 10 to attend? Are we prohibited from doing that 11 under existing law? 12 SENATOR HOFFMANN: Senator 13 Marchi - 14 SENATOR MARCHI: My understanding 15 is that the Freedom of Information Act does not 16 extend to party conferences, but if we wanted to 17 open up our doors to the public or if you wanted 18 to do it on your side, there's no law that 19 prevents that, is there? 20 SENATOR HOFFMANN: No, no, the 21 law is in place -- actually, the amendment to 22 the Open Meetings Bill, as it was amended in 23 1985, simply exempts the Majority conferences 2042 1 and, specifically references all four party 2 conferences from subject requirements to the 3 Open Meetings Law. 4 SENATOR MARCHI: From the 5 requirements of the law. 6 SENATOR HOFFMANN: That's right. 7 SENATOR MARCHI: But if we wanted 8 to open up the door, we could do it. 9 SENATOR HOFFMANN: Absolutely, 10 Senator Marchi. 11 SENATOR MARCHI: Well, then, why 12 don't you persuade your colleagues? 13 SENATOR HOFFMANN: I'm attempting 14 to persuade my colleagues right now, Senator 15 Marchi, and that's why I'm asking you on the 16 floor of this chamber to join with me in 17 bringing this bill to the floor for a vote. I 18 think that would be a magnificent gesture on 19 your part, and I'm delighted to hear you 20 expressing an interest. 21 SENATOR MARCHI: Do you realize 22 the stunning example you would set -- I don't 23 advise you to do it, of course, but the stunning 2043 1 example you would set if you were suddenly to 2 declare, as a party conference, "Our doors are 3 open"? Do you realize the impact it would 4 have? It would be astonishing. 5 SENATOR HOFFMANN: I do. That's 6 why I'm urging the leadership of this house to 7 declare that that, in fact, is the order of the 8 day, to then insist that the committees take on 9 the responsibility of delineating and debating 10 legislation in a more appropriate format. 11 SENATOR MARCHI: No, I'm not -- I 12 have no intention of urging my conference, but 13 I would suspect that - 14 SENATOR HOFFMANN: Perhaps 15 Senator Marchi would yield for a question. 16 SENATOR MARCHI: I would suspect, 17 Senator, that there is no propensity on your 18 side of the aisle to do the same thing because 19 you can do it. There's nothing to stop you from 20 doing it. 21 SENATOR HOFFMANN: Thank you, 22 Senator Marchi. 23 I would like to respond at length 2044 1 a bit to Senator Marchi's question or comment, 2 and I guess I was momentarily filled with some 3 enthusiasm inappropriately or mistakenly 4 thinking that perhaps you shared my zeal for 5 this effort, and I'm sorry so hear you close 6 that you're not in favor of it, but I think the 7 issue you raise is a very important one. It's 8 the "why can't you" and "it would be okay if you 9 did" argument. Everybody wants to see somebody 10 else take a brave step first, Senator Marchi, 11 especially if there's any risk involved and, as 12 a nation, I'm afraid we would not have advanced 13 very far past the frontier if everybody thought 14 like that. 15 One single step, opening the 16 conference doors, is not going to change this 17 Legislature. It is but a first step because 18 what it would entail would then be a reasonable 19 way for legislation to be conducted by 20 committees. Committees would then be meeting, 21 also in the open, to discuss issues. On rare 22 occasion, perhaps, there would still be need for 23 a conference, although I can't imagine why, but 2045 1 it would require realigning the entire structure 2 of this Legislature to create a forum for all, 3 because right now, for the members on this side 4 of the aisle, no such forum exists. 5 I fear Senator Marchi's 6 momentarily distracted by a counsel who's 7 conferring with him, and I will hold my remarks 8 for another time, but I appreciate the 9 opportunity to have explained in a little bit 10 more detail that it is not simply the process of 11 opening the conference. It is the act of 12 indicating that we have an earnest desire to 13 deliberate issues and to develop legislation 14 through a responsible procedure which would be a 15 committee system, but for any one group of 16 people in a grandstand motion to jump up and 17 suddenly claim, "we're going to unilaterally 18 disarm" and in a "show boat" move invite people 19 to come in, would really accomplish nothing, and 20 I am trying to do something that is real, 21 Senator Marchi, not symbolic. 22 SENATOR GOLD: Mr. President. 23 ACTING PRESIDENT SPANO: Senator 2046 1 Gold. 2 SENATOR GOLD: Yeah, Mr. 3 President, I may have some remarks on some of 4 the other pieces of the program, but I just want 5 to respond also to my very distinguished 6 colleague from Staten Island. 7 Senator Marchi, you're right that 8 any member, any group of members can decide 9 something. What Senator Hoffmann is trying to 10 do, which is so much more significant, is to 11 deal with the institution because, if Senator 12 Hoffmann opens up, so to speak -- if the 13 Democratic Conference opens up, so to speak, 14 that doesn't say anything for the Senate; it 15 says something for the individual or for the 16 group. 17 What we are trying to do is make 18 a public statement from all of us about the way 19 the Senate as an institution will operate and, 20 Senator Marchi, that is more important and that 21 is why the motions brought on today are 22 important. 23 ACTING PRESIDENT SPANO: 2047 1 Questions is on the motion to discharge. 2 SENATOR STAFFORD: Party vote in 3 the negative. 4 SENATOR GOLD: Party vote in the 5 affirmative. 6 ACTING PRESIDENT SPANO: Call the 7 role. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 24, nays 35, 10 party vote. 11 ACTING PRESIDENT SPANO: Motion 12 is defeated. 13 SENATOR HOFFMANN: Were there any 14 exceptions, Mr. President? Did I miss 15 something? 16 ACTING PRESIDENT SPANO: No 17 exceptions. 18 SENATOR HOFFMANN: Thank you, Mr. 19 President. 20 I call up is S.3508, please. 21 ACTING PRESIDENT SPANO: The 22 Secretary will read. 23 THE SECRETARY: By Senator 2048 1 Hoffmann, Senate Bill Number 3508, an act to 2 amend the Legislative Law, in relation to the 3 time for debate on matters before the 4 Legislature. 5 SENATOR HOFFMANN: Thank you, Mr. 6 President. 7 Again, this is the issue that 8 seems to most rankle the public because it is 9 the one where we clearly show almost total lack 10 of common sense. People ask frequently why it 11 is we can't get our work done on time and why we 12 have to go through these terrible late night 13 sessions in the Legislature or in the Senate, 14 because now the Assembly has decided they won't 15 allow that to happen anymore, and I am forced to 16 explain that it is not an accident that we are 17 passing terrible legislation and raising taxes 18 in the middle of the night; it is by design. 19 It's a system of orchestrated 20 gridlock through which bills can be held up, 21 dangled in front of a legislator's nose and the 22 legislator will be forced to remain in Albany, 23 in the chamber, and as we say in legislative 2049 1 parlance, "on the hook" until such time as it 2 suits those people who control the bills, in 3 this case, the Majority Leader of this house, to 4 let them go. It's also a way of utilizing our 5 rather absurd system of attendance in this 6 chamber so that people are counted voting for 7 measures which have been agreed upon by 8 leadership and pushed to the floor some time in 9 the wee hours of the morning even though the 10 members are not in the chamber and may not even 11 be in the city any longer. 12 Empty chairs raise taxes in this 13 Capitol. I don't think there are too many other 14 states in the nation that have that ridiculous 15 claim to fame. At 3:00 or 4:00 or 6:00 o'clock 16 in the morning, I have counted the empty chairs 17 in here and I have gotten down to numbers as low 18 almost as they are now and then read the next 19 day in the paper what the actual vote count was 20 on a measure of some importance, and few things 21 are more important than raising taxes, and again 22 it's fiction. We have created it or if we have 23 not created it, by our acceptance we condone it 2050 1 and it becomes a sham and a charade. It 2 violates the taxpayers of this state every time 3 we allow empty chairs in this chamber to pass 4 legislation at 4:00 or 5:00 or 6:00 o'clock in 5 the morning. 6 The Assembly, God bless them, 7 have decided they won't allow this to happen 8 anymore. A new Speaker, busy as he must be with 9 all of the affairs of organizing that house, 10 decided to make a cornerstone of his stewardship 11 of the Assembly, changing the way they conduct 12 business so that they will no longer allow bills 13 to pass in the middle of the night, and I 14 applaud him, and I know that other people around 15 this state applaud him. How can we do any 16 less? 17 Last year, I was very sick toward 18 the budget season and one night I had left the 19 chamber. After having been in session most of 20 the day, we were standing at ease as we do so 21 often for hours on end, and I returned to my 22 apartment and was in fitful sleep when my 23 counsel called and said, "It's 12:30 and they're 2051 1 going to bring up the legislative and judiciary 2 budget", and I was just too sick to get out of 3 bed, so I stayed in my apartment, probably no 4 more than six blocks from here, and at that very 5 moment, I voted for the legislative and 6 judiciary budget. I didn't actually vote for 7 it. Now, we all understand that in this room 8 because I was home with my head on a pillow, but 9 my empty chair with this little name plate that 10 identifies me was recorded as voting for a 11 legislative and judiciary budget that I abhorred 12 and had voted against eight previous times. 13 Isn't that an abuse of power, 14 ladies and gentlemen? Isn't that something that 15 is just plain wrong? How can we allow this type 16 of nonsense to occur in these beautiful 17 chambers? Isn't it time that we face the music 18 and said we can't continue doing things the way 19 we've done them before? The jig is up, and the 20 public won't be fooled any longer. The 21 simplest, the easiest thing we can do on this 22 list of legislative reform measures, the one you 23 will have the hardest time explaining that you 2052 1 can't do back home is to end the late night 2 legislative sessions. 3 SENATOR GOLD: Mr. President. 4 ACTING PRESIDENT SPANO: Senator 5 Gold. 6 SENATOR GOLD: Mr. President, I 7 can't -- obviously, I can't speak for the public 8 throughout this state, but I'm an observer, as 9 everybody else is, and I just have to believe 10 that at some point things catch up with us. 11 I'm looking at articles from 12 newspapers around the state. Here's one where a 13 very distinguished member on the other side of 14 the aisle, and I won't mention him by name - 15 the paper is from, I think, Schenectady, and it 16 talks about how this member told his local 17 newspaper that the concept of curfews is really 18 laudable and we ought to do it, but I guess not 19 if it's a motion made by a Senator on this 20 side. This one, I really resent. It's a story 21 in a Rochester newspaper and the column is 22 "Speaking Out", and it says, "Do Nothing 23 Legislature?" with a big question mark, and lo 2053 1 and behold it says, "I'm in the forefront of 2 reform efforts by Michael F. Nozzolio, August 3 1993", and here is Senator Nozzolio's program, 4 and I'm now reading after I get past his 5 itemized budget which I'll talk about later. 6 "Legislative curfew, a measure 7 requiring all legislative business to be 8 conducted between 8:00 a.m. and midnight, thus 9 preventing all-night sessions which are 10 counterproductive to the passage of important 11 legislation and are largely hidden from public 12 view." 13 Senator Nozzolio, you're right, 14 but where are you? It's not midnight yet. It's 15 only 5:00 o'clock. I assume you're around and 16 hear my voice. I certainly don't want to have 17 anybody say that I took advantage of a 18 situation. I assume you're around but, Senator 19 Nozzolio, here is an opportunity for you to vote 20 for part of your legislative package, and you 21 either believe in it or you don't. 22 Now, the purpose of these motions 23 are to change the rules. It's easy for you, 2054 1 meaning the Republican Party, through a 2 spokesperson who's never the Majority, to say 3 that this is all done just to embarrass you. 4 Now, that is nonsense. We're doing it to change 5 the rules. Change the rules. You don't have to 6 be embarrassed. If you put out an itemized 7 budget, you don't have to be embarrassed. If 8 you give back the $60 million, you don't try to 9 sucker it in the last minute and create a cookie 10 jar for yourselves. You don't have to be 11 embarrassed. I couldn't believe that. 12 I read in a story in one of the 13 newspapers, we're finally getting -- the press 14 is finally understanding that they can be useful 15 in this system in trying to make the Legislature 16 better, and in discussing the slush fund, the 17 only comment that they could get our legislative 18 leaders is we're doing it to embarrass 19 somebody. Well, sometimes you ought to be 20 embarrassed, but you can avoid the embarrassment 21 by doing the right things. 22 Now, if you think that you cannot 23 lead this legislative house without dealing in 2055 1 sessions that go from midnight to 6:00 in the 2 morning, then I think you underestimate 3 yourselves, because I think you can do it. 4 There's no doubt in my mind that Speaker Silver 5 is a quality, genuinely qualified, good, 6 terrific leader, and that he doesn't need all 7 night sessions, and I would like to see them do 8 it also, but it is not the fact that we work 9 until 1:00, 2:00, 5:00 in the morning, that 10 keeps you in the majority or keeps the Democrats 11 in the majority in the Assembly, and we ought to 12 change it. It's embarrassing. 13 Now, from my point of view, I 14 respect people who stand up and say, "Look, I 15 don't agree with you and that's fine." Senator 16 Marchi, I've got you on a certain level. 17 Believe me, you can't go higher. I respect you, 18 and when you say you don't believe in the 19 concept of an open conference, I know that's 20 what you believe and the only difference between 21 you and a lot of people is, you get up and say 22 it and people respect you for it, but the one 23 thing that I've lost my tolerance for is the 2056 1 business of some members of the Legislature 2 saying one thing to local papers and local 3 editorial boards, and then come in here, 4 forgetting about it and hoping people forget 5 it. 6 Now, some of the articles I've 7 read are editorials in your local papers which 8 don't treat some of you too nicely, and I will 9 not mention names, because some of you are 10 getting caught up in these differences between 11 your rhetoric and your voting record, but I'm 12 telling you that this kind of business is not 13 the finest hour of any member of the 14 Legislature. If some of you believe that there 15 should not be a limit on legislative sessions, I 16 respect that as an intellectual judgment that 17 you have come to, but if you believe that we 18 should have a limit and say that locally because 19 you're ashamed to tell the local people the 20 opposite, and then you come here and vote 21 against it and then think you're going to 22 double-talk the local press, I think those days 23 are over too. 2057 1 I certainly hope that this is not 2 a party vote without exception. I know my party 3 will unquestionably vote in a party vote for 4 this bill. I certainly hope that those members 5 of the other side who have spoken out so 6 strongly in their local papers, will have the 7 guts to do something about it today. 8 And, lastly, I'll point out that 9 there's one newspaper article I have here which 10 really did bring a smirk on my face because one 11 of your members took on another one of your 12 members in a primary and said to the local 13 press, "And if the leaders think I'm going up 14 there to be another rubber stamp vote, boy --" I 15 haven't seen that person break with a party vote 16 since the day he walked in here, and by saying 17 "he", I'm not letting it out of the bag because 18 you only have the distinction of one lovely lady 19 on your side, so there's -- the person I'm 20 talking about has anonymity among the other 34 21 of you. But at any rate, I certainly hope that 22 this passes, and I hope that some of the 23 hypocrisy stops, and this is certainly one issue 2058 1 where we could stop it. 2 ACTING PRESIDENT SPANO: Question 3 is on the motion to discharge. The Secretary 4 will call the roll. 5 SENATOR GOLD: Party vote in the 6 affirmative. 7 SENATOR PRESENT: Party vote in 8 the negative. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 24, nays 35, 11 party vote. 12 ACTING PRESIDENT SPANO: Motion 13 to discharge is defeated. 14 SENATOR HOFFMANN: Mr. President, 15 were there any exceptions on the - 16 ACTING PRESIDENT SPANO: No 17 exceptions. 18 Senator Hoffmann. 19 SENATOR HOFFMANN: I would like 20 to call up S.3504 please, Mr. President. 21 ACTING PRESIDENT SPANO: The 22 Secretary will read. 23 THE SECRETARY: Senate Bill 2059 1 Number 3504, by Senator Hoffmann, an act to 2 amend the State Finance Law, in relation to 3 requiring that budget bills making 4 appropriations or reappropriations to the 5 Legislature contain specific categories and 6 amounts of expenditures. 7 SENATOR HOFFMANN: Thank you, Mr. 8 President. 9 Well, this is the one that 10 they're having the most fun with in the 11 newspapers right now, and I took a little bit of 12 pleasure, sadly, but I guess you have to take it 13 where you get it. I took a little bit of 14 pleasure in seeing the term "slush fund" come 15 into common usage because I still remember the 16 first time I used it, and I felt like I was 17 speaking blasphemously when I raised that 18 particular adjective at a meeting of the 19 Grange. It was in Cortland about five years 20 ago, the legislative conference of the New York 21 State Grange had invited me to come to speak to 22 them, speak to their members from all over the 23 state and talk about what was going on in 2060 1 Albany. It was toward the end of the session, I 2 was particularly frustrated at having had all of 3 my bills bottled up and having been targeted 4 once again as a marginal for the maximum 5 onslaught at election time, so I spoke very 6 candidly, much more candidly than I had in the 7 past about what was wrong here, to people who 8 wanted -- who wanted the plain truth. They 9 didn't want any glazing. They didn't want any 10 sprinkles or "jimmies" or glitter on it. They 11 just wanted to know exactly what was happening 12 here, so I explained our legislative budget and 13 I said, "It is a "slush fund." It is in the 14 hands of the legislative leaders and they do 15 with it what they want and there is no 16 accountability, and there is no reconciliation 17 at the end of the year," and I can remember that 18 looking out into that room of 200 faces, most of 19 them Republican, median age probably something 20 over 60, that there was just this incredulous 21 look that this couldn't possibly be happening, 22 and I actually went to the trouble of getting a 23 copy of the legislative budget and taking it 2061 1 with me to other speeches that I gave after 2 that, and I would carry it with me and show that 3 it was, in fact, something on four pieces of 4 paper and there were no delineations of the 5 standard types of accounting you would expect. 6 There was certainly nothing to indicate what had 7 been left as surplus the previous year. That, 8 we have to find out when we go through the 9 little exercise that occurred the other day when 10 $60 million was rolled over. 11 Now, if that's in the a slush 12 fund, I don't know what is, and think what $60 13 million could be doing in this state outside the 14 hands of this Legislature, but the people in the 15 Grange were shocked when I explained how our 16 legislative budget is a slush fund, and they 17 have been on the warpath ever since then, and 18 I'm sure some of you were visited by Grange 19 members today, and if not today, I can almost 20 guarantee you will be hearing from some of the 21 Grange in your district some time in the future, 22 because they are now so irate that they are 23 making this a major issue. They have a 2062 1 legislative policy book that they print and mail 2 out to all of their members and then they 3 encourage them to contact their legislators at 4 the federal about federal matters in this state, 5 about these state matters, and all of these 6 reform measures are in there and all of the 7 Grange members around this state want you to 8 know that they care very deeply about the need 9 for an itemized legislative budget for this 10 chamber and for the other reforms that we have 11 talked about and will talk about later, and 12 other people who care about them are no longer 13 willing to be silent either. 14 Sydney Schanberg yesterday, New 15 York Newsday, Pulitzer prize winning journalist, 16 describes us as "Mesozoic," talks about us as 17 "brontosauruses in Albany, puffing out our 18 chests and just grinning rather than being 19 accountable." 20 Mr. Schanberg says, "Using these 21 wonderous blank check devices, the leaders have 22 built up surpluses over the years. Instead of 23 turning its unused money back to the taxpayer, 2063 1 they simply pile it on to the existing slush 2 fund and roll it over into their next budget. 3 It's tradition", and Mr. Schanberg closes by 4 saying, "Listen to this justification for the 5 slush fund by one Albany staff member who shall 6 go nameless as an act of mercy. If this were 7 private business, we would be congratulated for 8 not only living within our budget, but having 9 some left over for a rainy day", but Mr. 10 Schanberg points out, "It isn't private 11 business, it's the people's business and the 12 people's money. Give it back." 13 That's the attitude that's 14 sweeping this state. People want to know how 15 dare we keep their money and not give an 16 accounting of what we are doing with it, how we 17 are spending it on ourselves. I have been asked 18 several times for accounting of my office staff, 19 mailings, travel, and I'm kind of at a loss. 20 First of all, the only accounting of office 21 staff that is complete is in the hands of 22 Senator Marino, to the best of my knowledge. 23 It's impossible to know what individual staff 2064 1 payrolls are because sometimes staff members' 2 names appear on different member or commission 3 staffs or they're on loan. There is no set 4 allocation for an individual Senator. I 5 remember when I was elected in 1984, I came to 6 Albany in January or the end of December to be 7 processed, and I asked somebody, "where do I go 8 to start the procedure to hire my staff? What 9 is the allotment? What is the allocation for a 10 freshman Senator from Central New York?" And 11 the response to my question every time was, 12 "You'll have to talk to Fred. You'll have to 13 talk to Senator Ohrenstein." 14 The Minority Leader handles all 15 of that for Minority members. There is no 16 rule. There is no procedure. There is no 17 standard. Everything is negotiated. Everything 18 is devised to suit the whim of leadership and to 19 maintain maximum partisan control. Senator 20 Marino negotiates with Senator Ohrenstein and 21 there, the negotiations take place from them 22 with other individual members depending upon 23 whether they are Republican or Democrat, and you 2065 1 don't have to be a genius now to know who gets 2 more and whether it has anything to do with 3 merit or need. 4 I've tried for several years to 5 find out what happened to the mailing allotment 6 that I ostensibly saved by not sending out any 7 newsletters since 1990. I can guess 8 approximately how much I've saved the taxpayers, 9 probably something like 100-, $150,000, but I 10 can't document that and nobody else can document 11 it because the records are all secret. I do 12 know that some of the newsletters I didn't send 13 out in Onondaga, Madison and Oneida County 14 probably financed the newsletters for people in 15 other parts of the state. That money was simply 16 moved silently through the bowels of this 17 chamber and sent to Long Island or some other 18 county where it presumably was going to be used 19 by another member of the Legislature who didn't 20 feel as I did, the need to cut our spending for 21 mailing at a time when the state seemed to be 22 suffering a tremendous financial hardship, but I 23 can't even account for a savings that I 2066 1 attempted to make because we have no procedure 2 in place for documenting how we spend or how we 3 don't spend the legislative budget. Again, 4 isn't that a disgrace and isn't it an even 5 bigger disgrace if we fail to correct it? 6 Let's move S.3504. Let's get it 7 out on the floor for some discussion and then 8 let's itemize our legislative budget. 9 SENATOR GOLD: Mr. President. 10 ACTING PRESIDENT SPANO: Senator 11 Gold. 12 SENATOR GOLD: Senator Hoffmann, 13 I think I've got some good news for you, because 14 I'm reading from Senator Nozzolio's letter to 15 the newspaper and it says he's -- he -- itemized 16 budget, a measure that requires a full 17 itemization of the state budget, including 18 mailing and travel costs of legislators. This 19 bill will fully detail how state government 20 spends our tax dollars, so I think you're going 21 to see one break at least in the party vote now 22 because I know that this had to have been sent 23 to the newspapers as a serious effort. 2067 1 ACTING PRESIDENT SPANO: Question 2 is on the motion to discharge. 3 SENATOR GOLD: Party vote in the 4 affirmative. 5 SENATOR PRESENT: Party vote in 6 the negative. 7 ACTING PRESIDENT SPANO: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 24, nays 35, 11 party vote. 12 ACTING PRESIDENT SPANO: Motion 13 to discharge is defeated. 14 ACTING PRESIDENT SPANO: Were 15 there any exceptions, Mr. President? 16 ACTING PRESIDENT SPANO: No 17 exceptions. 18 SENATOR HOFFMANN: Thank you, Mr. 19 President. 20 I would like to call up S.3506 21 and 3507 together, please, if we can take them 22 as one bill. 23 THE SECRETARY: By Senator 2068 1 Hoffmann, Senate Bill Number 3506-A, an act to 2 amend the Election Law, in relation to 3 statements of campaign receipts and 4 expenditures. Also, Senate Bill Number 3507, by 5 Senator Hoffmann, an act to amend the Election 6 Law, in relation to political advertisement and 7 literature. 8 SENATOR HOFFMANN: Thank you, Mr. 9 President. 10 It's necessary to have two 11 separate bills. One deals with literature, the 12 other deals with spending so they have to be 13 broken but the issue is really the same. Again, 14 this is one of those accountability questions. 15 We are concerned about the need 16 to present ourselves fairly and with integrity 17 to the people in our districts when we're 18 running for election. All of us who have ever 19 campaigned, I'm sure, take great pride in trying 20 to present an upstanding image, but what is 21 sometimes very confusing to the voters in a 22 district is the volume of mail which comes in or 23 the types of television and radio commercials 2069 1 which sometimes run which do not reflect the 2 district, are not paid for by people in the 3 district and sometimes distort candidates, not 4 just the candidate who is benefiting from the 5 ad, but will sometimes distort very negatively, 6 the person who is being attacked by the ad, and 7 what has become a pattern of abuse for this 8 Senate is a type of campaign ad, both print and 9 electronic media, in which the persons 10 responsible, are not the candidate or anybody 11 close to the candidate. The persons responsible 12 are here in Albany or in some other part of the 13 state, and it's a big mystery to the people in 14 the district about this responsibility issue 15 because at no place in the Board of Elections is 16 the involvement of the outside committee 17 established clearly to link that author or that 18 purveyor of that advertising with the candidate 19 who benefits and, in fact, one could cynically 20 claim that there is a deliberate attempt to 21 evade that kind of accountability. And it's an 22 old pattern. It allows candidates to masquerade 23 as hometown boys and girls when, in fact, they 2070 1 are the creation of political bosses here in the 2 Capital of New York. It creates a situation 3 where people arrive in Albany already filled 4 with pockets of IOUs to the men and women who 5 run this chamber, and it could very simply be 6 addressed by passing S.3506 and S.3507 which 7 would require that all expenditures for a 8 candidate be filed next to that candidate's 9 name, and that samples of all literature or 10 scripts for all electronic media be filed next 11 to that candidate's name, not with some obtuse 12 committee name where only the most meticulous 13 investigative reporter can cross-reference and 14 try to figure out what it is that was done by 15 whom, to whom and for how much money. No, if we 16 are, in fact, willing to campaign openly, fairly 17 and proudly in this state, then we should make 18 all of that information immediately available 19 for public scrutiny. 20 I would call all of my colleagues 21 to join me in discharging from committee S.3506 22 and S.3507 so that we could rectify that 23 situation. 2071 1 ACTING PRESIDENT SPANO: Question 2 is on the motion to discharge number 3506-A. 3 Call the roll. 4 SENATOR GOLD: I vote in the 5 affirmative. 6 SENATOR PRESENT: Party vote in 7 the negative. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 24, nays 35, 10 party vote. 11 ACTING PRESIDENT SPANO: Motion 12 to discharge is defeated. 13 Question is on the motion to 14 discharge 3507. The Secretary will call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 24, nays 35, 18 party vote. 19 ACTING PRESIDENT SPANO: Motion 20 to discharge is defeated. 21 SENATOR HOFFMANN: Thank you, Mr. 22 President. 23 Well, I guess we're not really 2072 1 batting a whole lot better than in previous 2 years, although I take some solace in knowing 3 that Senator Marchi was willing to stand and 4 speak on the floor today. That's a 5 breakthrough, and I think that this is a year of 6 other important breakthroughs, and it would be 7 regarded as a threshold year because now across 8 the state people at least understand the problem 9 and know that there are some solutions which are 10 possible if there are enough people who will 11 organize behind them and keep the momentum 12 moving. 13 I would call up S.3505. This is 14 my final bill for the day. 15 ACTING PRESIDENT SPANO: The 16 Secretary will read. 17 THE SECRETARY: By Senator 18 Hoffmann, Senate Bill Number 3505, an act to 19 amend the Legislative Law, in relation to Senate 20 and Assembly officers. 21 SENATOR HOFFMANN: In an effort 22 to maintain control in this house, it's become 23 fairly evident that there is a pattern of 2073 1 rewards which has little to do with legislative 2 responsibility and everything to do with 3 political loyalty. It was changed somewhat when 4 Senator Marino became Majority Leader, and I'm 5 referring to the way special allowances are 6 handled, legislative allowances, in addition to 7 the salaries that legislators receive. 8 When Senator Marino became 9 Majority Leader, the number of positions for 10 which special allowances were granted was 11 increased. The dollar amount of them was 12 increased, but more significantly, the titles 13 and the types of special offices in the Senate 14 changed, and we saw an increase in the number of 15 offices for which there is little or no 16 legislative responsibility. 17 I listened a few hours ago to the 18 president of Change New York describe the 19 attempt of that organization to obtain job 20 descriptions for these allowances. He wanted to 21 know what the Deputy Majority Leader for 22 Legislative Operations of the Senate does for 23 $24,500 of taxpayers' money a year, what the 2074 1 chairman of the Majority Program Development 2 Committee, the Senate does for 20- and on and on 3 and on, and the list for the Senate and for the 4 Assembly, for these purely political job titles 5 that have taxpayer stipends attached to them, 6 has no job description and the Legislature, the 7 Senate has refused to offer a job description 8 and yet insists that it has the right to use 9 taxpayer money to reward people with additional 10 compensation for what amounts to political 11 responsibilities. 12 The total for these special 13 stipends for both houses, excluding the Majority 14 Leader and Minority Leader and the Speaker, 15 which, I suppose for housekeeping purposes, are 16 necessary, the total is $700,000. At the very 17 least, we should explain what it is that people 18 do for this money, and to not explain only 19 creates the impression that we have something to 20 hide and there is no valid public justification 21 for this expenditure. The thing that troubles 22 me the most about this out of kilter situation 23 is the fact that there are many very dedicated 2075 1 people in this chamber, and I know in the other 2 chamber as well, who have tremendous expertise 3 and should be compensated to a much higher level 4 than they presently are for their committee 5 responsibilities. I think it's a worthy goal 6 for somebody to aspire to be chair of a 7 particular committee, and I remember my friend 8 and late colleague, Senator James Donovan, who 9 traveled all over the state as chairman of the 10 Education Committee and traveled nationally. He 11 was deeply committed to learning about 12 education, and he would leave his community in 13 Oneida County and travel into New York City to 14 understand the problems of urban schools. He 15 went to Buffalo. He went to cities all over the 16 United States because he was concerned deeply 17 about education, but under this present system, 18 it would have been in the best interest of 19 Senator Donovan and the Donovan family for him, 20 instead of being chairman of the Education 21 Committee, to have been Minority Leader or 22 chairman of the Majority Program Development 23 Committee or vice-president pro tem, which would 2076 1 have probably increased his family's income by 2 $10,000 beyond what he was earning in those 3 years as chairman of the Education Committee. 4 This is a system that is upside 5 down. We are part of a spoils system that 6 rewards people for political loyalty, gives them 7 an incentive to play ball just as people are 8 doing today, by sacrificing their own commitment 9 to ideals, by falling -- going back on their 10 word, violating campaign pledges in an effort to 11 remain part of a private club. How can anybody 12 explain why, as a candidate, he or she would be 13 committed to ending late night sessions and 14 changing the way we do business here and then 15 refuse to vote even to discharge those bills to 16 the floor for discussion? It can only be 17 because the political spoils system is so 18 strong, has such a strong "carrot and stick" 19 component that dedicated men and women fear for 20 their very lives when they are in this chamber 21 and that, my friends, has got to change. The 22 people of this state don't want cowards and they 23 don't want followers. They want leaders. 2077 1 Today, the Observer Dispatch in 2 Utica said, "Don't let this week pass without 3 remembering what happens and where your 4 representatives stood on the issue of open 5 government. Closed government in Albany affects 6 each of us. It is driving away more business. 7 It is taking more money out of our wallets and 8 purses. The longer we delay, the more difficult 9 it will be to bring open government back to 10 Albany. Secrecy is death to democracy. 11 Openness that allows public scrutiny ensures its 12 preservation." That was Utica. That was this 13 morning. 14 Rochester, Sunday, March 6th, "If 15 the state Legislature is ever to do more than 16 protect and perpetuate incumbency, then voters 17 should insist that their legislators support the 18 reform package, and those who haven't voted to 19 clean up their act by next election, should be 20 told to clear out. 21 So you may tolerate me this 22 afternoon while I speak and Senator Gold and 23 Senator Leichter, when he talks about the open 2078 1 budget, you may find this an annoyance. I have 2 been reminded by several people that there are 3 other engagements that people would prefer to be 4 attending right now, but I don't intend to stop 5 and, more importantly, the people who wrote 6 those comments in these publications around the 7 state don't intend to stop. I know it takes a 8 while to sensitize some people to the need for 9 change, and if some of those people are beyond 10 sensitivity, then perhaps they will be 11 replaced. 12 I had the opportunity two weeks 13 ago to spend ten days in El Salvador. I was 14 down there as a representative of the United 15 States State Department serving as a United 16 Nations representative monitoring the elections 17 in that country, and I saw people who live in 18 little mud and thatch homes or corrugated metal 19 buildings with no plumbing. They carry their 20 water sometimes a mile or more to bathe and to 21 cook. They have a median income of $750. Their 22 country has been destroyed by a civil war that 23 endured for 12 years. They have been living 2079 1 under U.N. protection for the last two years 2 preparing for this election. Democracy came 3 very hard for them. This was the first 4 Democratic election in 15 years, but they were 5 brave, and they came out to the polls and they 6 showed what people who really care about 7 participation and democracy are willing to 8 endure. 9 Perhaps we all need that 10 opportunity once in a while to be in touch with 11 people who don't take for granted the freedoms 12 that we have and don't take for granted the 13 responsibility that we have. I'm very proud to 14 have had that opportunity and I feel renewed. 15 Having come from El Salvador, having seen what 16 those people went through and remembering that 17 they deal with things in terms of decades and 18 generations, it is not an inconvenience for me 19 to spend a few more years trying to reform the 20 state Legislature here in the state of New 21 York. I just hope that I will be able to 22 welcome more of you to this effort in the coming 23 months. 2080 1 Thank you, Mr. President. 2 ACTING PRESIDENT SPANO: Question 3 is on the motion to discharge. 4 SENATOR PRESENT: Party vote in 5 the negative. 6 ACTING PRESIDENT SPANO: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 24, nays 10 35 - 11 SENATOR GOLD: There's no party 12 vote. Slow roll call. 13 ACTING PRESIDENT SPANO: Senator 14 Gold. 15 SENATOR GOLD: Anybody can call 16 for a roll call and I can't stop the Majority 17 Leader, but we are not casting a party vote, and 18 if you want to call a voice vote, fine. If you 19 want to take a regular vote, we can do that too, 20 in which case we can call the roll. 21 SENATOR PRESENT: Slow roll call. 22 SENATOR GOLD: Slow roll call. 23 ACTING PRESIDENT SPANO: Slow 2081 1 roll call has been asked for. Sergeant-at-Arms, 2 please get the members into the chamber. 3 Secretary will call the roll. 4 THE SECRETARY: Senator Babbush. 5 (There was no response.) 6 Senator Bruno. 7 (There was no response.) 8 Senator Connor. 9 (There was no response.) 10 Senator Cook. 11 SENATOR COOK: No. 12 THE SECRETARY: Senator Daly. 13 (There was no response.) 14 Senator DeFrancisco. 15 SENATOR DeFRANCISCO: No. 16 THE SECRETARY: Senator DiCarlo. 17 SENATOR DiCARLO: No. 18 THE SECRETARY: Senator 19 Dollinger. 20 SENATOR DOLLINGER: Yes. 21 THE SECRETARY: Senator Espada. 22 (There was no response.) 23 Senator Farley. 2082 1 SENATOR FARLEY: No. 2 THE SECRETARY: Senator Galiber. 3 (There was no response.) 4 Senator Gold. 5 SENATOR GOLD: Mr. President. 6 ACTING PRESIDENT SPANO: Senator 7 Gold to explain his vote. 8 SENATOR GOLD: Yeah, to explain 9 my vote. 10 Mr. President, if there's one 11 thing I made clear since the day I came here and 12 that is that I don't think there's any issue 13 that I'm afraid to discuss and debate, and in my 14 opinion, if there's one Republican who deserves 15 some credit today, it's Senator Marchi. 16 Something's on the floor, you stand up and you 17 debate it. 18 I don't know what I would do with 19 this particular proposal, Mr. President, if it 20 was on the floor. There are parts of it I may 21 or may not agree with, but I'm not afraid to 22 debate a bill and to get it out here, and I will 23 vote yes on the motion to discharge. 2083 1 THE SECRETARY: Senator Gonzalez. 2 (There was no response.) 3 Senator Goodman. 4 (There was no response.) 5 Senator Hannon. 6 (There was no response.) 7 Senator Hoffmann. 8 SENATOR HOFFMANN: Explain my 9 vote. I appreciate Senator Gold's comments and 10 I know that this is an interesting issue. There 11 are many people here who would differ with my 12 very narrow definition in this bill. The bill 13 that I put together eliminating the political 14 "lulus" leaves only a few and I have said a 15 number of times that, perhaps for housekeeping 16 purposes, there need to be more but you see, 17 that would give us an opportunity to debate this 18 issue. If we had this bill come to the floor 19 for a vote, perhaps some people on the other 20 side of the aisle could make a very cogent case 21 which would convince me that my list was too 22 narrow, that perhaps we needed six or eight more 23 or maybe we needed some other titles or 2084 1 definitions. 2 The concept here is process. The 3 concept here is openness and accountability, and 4 I would urge all of my colleagues not to support 5 a single bill but to support the concept of open 6 and honest debate by voting yes to discharge 7 S.3505 so that it could be brought to the floor 8 for a vote. 9 ACTING PRESIDENT SPANO: Senator 10 Hoffmann in the affirmative. 11 THE SECRETARY: Senator Holland. 12 (There was no response.) 13 Senator Johnson. 14 (There was no response.) 15 Senator Johnson. 16 (There was no response.) 17 Senator Jones. 18 (There was no response.) 19 Senator Kruger. 20 (There was no response.) 21 Senator Kuhl. 22 SENATOR KUHL: No. 23 THE SECRETARY: Senator Lack. 2085 1 SENATOR LACK: No. 2 THE SECRETARY: Senator Larkin. 3 SENATOR LARKIN: No. 4 THE SECRETARY: Senator LaValle. 5 SENATOR LaVALLE: No. 6 THE SECRETARY: Senator Leichter. 7 SENATOR LEICHTER: No. 8 THE SECRETARY: Senator Levy. 9 SENATOR LEVY: No. 10 THE SECRETARY: Senator Libous. 11 (There was no response.) 12 Senator Maltese. 13 (There was no response.) 14 Senator Marchi. 15 SENATOR MARCHI: No. 16 THE SECRETARY: Senator Marino, 17 no. 18 Senator Markowitz. 19 (There was no response.) 20 THE SECRETARY: Senator Mendez. 21 SENATOR MENDEZ: Stand to explain 22 my vote. 23 ACTING PRESIDENT SPANO: Senator 2086 1 Mendez. 2 SENATOR MENDEZ: I am going to 3 vote - 4 ACTING PRESIDENT SPANO: You have 5 the floor, Senator Mendez. 6 SENATOR MENDEZ: Thank you, Mr. 7 President. 8 To explain my vote. Yes, I am 9 voting yes supporting the motion to not to be 10 able to have the opportunity to be discussed 11 here, and as chairman -- chairperson of my 12 Democratic conference, if the bill were to be 13 debated on the floor, I don't know if I would be 14 supporting it. What I resent, Mr. President, is 15 that the manner that -- in which this bill has 16 been presented might cast some nebulous percep 17 tions on some people, on the 61 individuals that 18 serve on this floor. 19 I am supporting my conference. I 20 am supporting the discharge of this bill, but I 21 resent enormously the kinds of perceptions that 22 it does bring, even though I also believe in 23 reform. 2087 1 ACTING PRESIDENT SPANO: Senator 2 Mendez in the affirmative. 3 THE SECRETARY: Senator 4 Montgomery. 5 (There was no response.) 6 Senator Nanula. 7 (There was no response.) 8 Senator Nolan. 9 (There was no response.) 10 THE SECRETARY: Senator Nozzolio. 11 SENATOR NOZZOLIO: No. 12 THE SECRETARY: Senator 13 Ohrenstein, aye. 14 Senator Onorato. 15 SENATOR ONORATO: Aye. 16 THE SECRETARY: Senator 17 Oppenheimer. 18 (There was no response.) 19 THE SECRETARY: Senator Padavan. 20 SENATOR PADAVAN: No. 21 THE SECRETARY: Senator Pataki. 22 (There was no response.) 23 Senator Paterson. 2088 1 SENATOR PATERSON: Aye. 2 THE SECRETARY: Senator Present. 3 SENATOR PRESENT: No. 4 THE SECRETARY: Senator Rath. 5 SENATOR RATH: No. 6 THE SECRETARY: Senator Saland. 7 SENATOR SALAND: No. 8 THE SECRETARY: Senator Santiago. 9 (There was no response.) 10 Senator Sears. 11 SENATOR SEARS: No. 12 THE SECRETARY: Senator Seward. 13 SENATOR SEWARD: No. 14 THE SECRETARY: Senator Skelos. 15 SENATOR SKELOS: No. 16 THE SECRETARY: Senator Smith. 17 (There was no response.) 18 Senator Solomon. 19 (There was no response.) 20 Senator Spano. 21 SENATOR SPANO: No. 22 THE SECRETARY: Senator 23 Stachowski. 2089 1 SENATOR STACHOWSKI: Yes. 2 THE SECRETARY: Senator Stafford. 3 SENATOR STAFFORD: No. 4 THE SECRETARY: Senator Stavisky. 5 (There was no response.) 6 Senator Trunzo. 7 SENATOR TRUNZO: No. 8 THE SECRETARY: Senator Tully. 9 SENATOR TULLY: No. 10 THE SECRETARY: Senator Velella. 11 SENATOR VELELLA: No. 12 THE SECRETARY: Senator Volker. 13 (There was no response.) 14 Senator Waldon. 15 SENATOR WALDON: Yes. 16 THE SECRETARY: Senator Wright. 17 SENATOR WRIGHT: No. 18 SENATOR LEICHTER: Mr. President. 19 ACTING PRESIDENT SPANO: Senator 20 Leichter. 21 SENATORA LEICHTER: May I have my 22 name called, please, Mr. President? 23 THE SECRETARY: Senator Leichter. 2090 1 SENATOR LEICHTER: Yes, Mr. 2 President. I came in the chambers as the roll 3 call was preceeding just as my name was called, 4 and I voted no thinking we were voting really on 5 the merits of the bill and do I not -- and I do 6 not -- I want to be very honest, I do not 7 support the merits of the bill but I realize, of 8 course, this is a motion to discharge. We're 9 not voting on the bill. I certainly support the 10 right of my colleague to present her case before 11 the whole body, and that we would then vote on 12 the merits. I want to be perfectly honest, I 13 would not support the bill on the floor on the 14 merits, but I will support her bringing it to 15 the floor and, therefore, if you would please 16 change my vote to yes, I would appreciate it. 17 Thank you. 18 ACTING PRESIDENT SPANO: Senator 19 Leichter in the affirmative. Call the 20 absentees. 21 THE SECRETARY: Senator Babbush. 22 (There was no response.) 23 Senator Bruno. 2091 1 SENATOR BRUNO: No. 2 THE SECRETARY: Senator Connor. 3 SENATOR CONNOR: Mr. President. 4 ACTING PRESIDENT SPANO: Senator 5 Connor to explain his vote. 6 SENATOR CONNOR: Thank you, Mr. 7 President. 8 This topic of leadership 9 allowances is kind of a fascinating one. I, 10 over the years had them, not had them, have 11 them. I got one now, I hope, if we pass the 12 budget, but -- so as to the merits of the bill, 13 I'm not sure what I would do, whether I would 14 vote yes or no, although I would certainly 15 advise all my colleagues the history shows that 16 I have in the past cast votes that cost me one 17 of these allowances, so I might do it again if 18 it were on the floor, but the fact of the matter 19 is, I am going to support the motion to 20 discharge because I think it would be 21 interesting, and I think at some length, I could 22 discuss the merits of this whole system, were 23 the bill on the floor on the merits, but in the 2092 1 meantime, I certainly think we ought to give 2 Senator Hoffmann's bill a full hearing on the 3 floor, so I vote yes on the motion to discharge. 4 ACTING PRESIDENT SPANO: Senator 5 Connor in the affirmative. Continue the roll. 6 THE SECRETARY: Senator Daly. 7 SENATOR DALY: No. 8 THE SECRETARY: Senator Espada. 9 (There was no response.) 10 Senator Galiber. 11 SENATOR GALIBER: Can I have my 12 name called? 13 ACTING PRESIDENT SPANO: Senator 14 Galiber to explain his vote. 15 SENATOR GALIBER: Mr. President, 16 it seemed like many hours ago, we had a debate 17 yesterday and, in the course of debate, I did 18 make an observation, and we were talking about 19 $60 million and trying to find it and where we 20 could replace it. At that time, Mr. President, 21 I indicated when we have a system of government, 22 where 51 percent of the Majority controls 100 23 percent, then we have something which is short 2093 1 of a democracy, and based on that, I think this 2 bill should be out on the floor so that the 3 Minority in this house would have an opportunity 4 to a fair debate. I vote yes. 5 ACTING PRESIDENT SPANO: Senator 6 Galiber in the affirmative. Continue the roll. 7 THE SECRETARY: Senator Gonzalez. 8 (There was no response.) 9 Senator Goodman. 10 (There was no response.) 11 Senator Hannon. 12 (There was no response.) 13 Senator Holland. 14 SENATOR HOLLAND: No. 15 THE SECRETARY: Senator Maltese. 16 (There was no response.) 17 Senator Markowitz. 18 SENATOR MARKOWITZ: Yes. 19 THE SECRETARY: Senator 20 Montgomery. 21 (There was no response.) 22 Senator Nolan. 23 (There was no response.) 2094 1 Senator Pataki. 2 (There was no response.) 3 Senator Santiago. 4 (There was no response.) 5 Senator Smith. 6 (There was no response.) 7 Senator Solomon. 8 (There was no response.) 9 Senator Stavisky. 10 (There was no response.) 11 Senator Volker. 12 (There was no response.) 13 ACTING PRESIDENT SPANO: Results. 14 THE SECRETARY: Ayes 17, nays 30. 15 ACTING PRESIDENT SPANO: Motion 16 to discharge is defeated. 17 SENATOR HOFFMANN: Mr. President, 18 I want to make sure that I have a copy of that. 19 I want to study that. 20 I would like to thank all of my 21 colleagues, and particularly Senator Present, 22 for creating this opportunity to have probably 23 the most spirited discussion this afternoon. 2095 1 Thank you for calling for the slow roll call. I 2 did not want to further antagonize my colleagues 3 on both sides of the aisle. I understood - 4 ACTING PRESIDENT SPANO: Excuse 5 me, Senator Hoffmann. 6 SENATOR HOFFMANN: -- the 7 two-hour time limit and debate. I could have 8 probably utilized - 9 ACTING PRESIDENT SPANO: Senator 10 Hoffmann. 11 SENATOR HOFFMANN: Yes, Mr. 12 President. 13 ACTING PRESIDENT SPANO: Do you 14 wish to make a unanimous consent statement? 15 SENATOR HOFFMANN: Yes, thank 16 you. 17 ACTING PRESIDENT SPANO: Because 18 we have completed the roll call. 19 SENATOR HOFFMANN: Right. 20 ACTING PRESIDENT SPANO: Possibly 21 after the close of the business, if you would 22 like to make a unanimous consent statement, it 23 would be appropriate then. 2096 1 SENATOR HOFFMANN: Can I wrap it 2 up right now, Mr. President, without any 3 objection? 4 Thank you, Mr. President. And, 5 Senator Present, just to conclude what I said 6 before, I'm very appreciative of Senator 7 Present's interest in bringing at least one of 8 these issues to the floor for a greater 9 discussion, and you've afforded us an 10 opportunity today to do something which is a 11 real first step to have some discussion, and I 12 learned from my colleagues just in these few 13 minutes about a few objections which I will take 14 into consideration in attempting to create a 15 better bill, and I will attempt to solicit all 16 of their opinions, and particularly Senator 17 Leichter who I value greatly, and Senator Marchi 18 who spoke earlier and whose opinion I also value 19 most highly and will attempt to amend S.3505 to 20 make that a better bill, and I would repeat my 21 invitation to all of my colleagues in both 22 parties, to please consider ways that any of 23 these measures could be improved because I 2097 1 believe the public will be actively seeking our 2 solutions to the problems of the legislative 3 process over the next few months, and I would be 4 very glad to add other names and amend these 5 bills or to remove my name and to make them 6 leadership bills. 7 Thank you for your indulgence, 8 Mr. President. 9 ACTING PRESIDENT SPANO: Any 10 other motions, resolutions, procedural motions? 11 Senator Present. 12 SENATOR PRESENT: Mr. President, 13 there being no further business, I move we 14 adjourn until tomorrow, 11:00 a.m. 15 ACTING PRESIDENT SPANO: The 16 Senate will stand adjourned until tomorrow at 17 11:00 a.m. 18 (Whereupon, at 5:44 p.m., the 19 Senate adjourned.) 20 21 22 23