Monday, June 9, 1997

4865 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 9, 1997 11 3:09 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 24 25 4866 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would you please rise and repeat 4 with me the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 The invocation today will be 8 given by Reverend Peter G. Young from the 9 Blessed Sacrament Church of Bolton Landing. 10 REVEREND PETER G. YOUNG: Thank 11 you, Governor. Let us pray. 12 We pray for all of our New York 13 State people, that their wealth and their power 14 might become a force for peace rather than 15 conflict, a source of hope rather than 16 discontent, become an agent of friendship rather 17 than enmity. May the actions of this Senate 18 then be that example. We ask You this now and 19 forever. Amen. 20 THE PRESIDENT: Amen. 21 The reading of the Journal, 22 please. 23 THE SECRETARY: In Senate, 24 Saturday, June 7. The Senate met pursuant to 25 adjournment. The Journal of Friday, June 6th, 4867 1 was read and approved. On motion, Senate 2 adjourned. 3 THE PRESIDENT: Without 4 objection, the Journal stands approved as read. 5 Presentation of petitions. 6 Messages from the Assembly. 7 Messages from the Governor. 8 Reports of standing committees. 9 Reports of select committees. 10 Oh, Senator LaValle. 11 SENATOR LAVALLE: Madam 12 President, I would like to hand up and have 13 filed a Subcommittee on Higher Education Role in 14 Welfare Reform. The subcommittee was chaired by 15 Senator Mary Lou Rath, and the report to the - 16 is to the New York State Senate Committee on 17 Higher Education. 18 I would like to make just a few 19 brief remarks as I hand this report up to the 20 desk. This report emanated from a committee 21 meeting which Commissioner Mills attended, the 22 Senate Committee on Higher Education, and there 23 was a discussion of the role of higher education 24 and implications that the welfare reform would 25 have on higher education. 4868 1 As chairman, I formed a 2 subcommittee. Senator Rath was named as its 3 chair, and the members of the committee were 4 Senator Libous, Senator Meier, Senator Lachman 5 and Senator Santiago. I would like to just 6 thank our Majority Leader, Senator Bruno, for 7 his support in the creation of this 8 subcommittee. It may be the only time or one of 9 the few times that a chairman of a standing 10 committee has formed a subcommittee and the 11 members, its chair, Senator Rath, has done an 12 outstanding job in the number of meetings that 13 were held and the culmination of this report and 14 the participation by all the members of the 15 committee. 16 I must also thank our Minority 17 Leader, Senator Connor, for his support and the 18 Minority members on the committee who 19 participated fully in the production of what 20 will hopefully be recommendations that will be 21 well received. Commissioner Sweeney, 22 Commissioner of Labor, participated as well as 23 Commissioner Mills. 24 With that, Mr. President, I hand 25 up to be filed with the desk this report. 4869 1 ACTING PRESIDENT KUHL: Thank 2 you, Senator LaValle. The report will be 3 received and filed. 4 Senator Rath. 5 SENATOR RATH: Mr. President, I'd 6 like to comment on the report that was just 7 handed up to the committee and thank Senator 8 LaValle for the opportunity to serve in the 9 capacity under his direction as chairman of the 10 Higher Education Committee as he put in place a 11 task force -- a bipartisan subcommittee, pardon 12 me, not a task force, bipartisan subcommittee, 13 which addressed what appears today to be as this 14 all developed just about the most critical and 15 burning issue that we all were facing. 16 It all came together in a Higher 17 Education Committee meeting, and the urgency - 18 the urgency that member after member displayed 19 when Commissioner Mills started talking about 20 how higher education was going to play a role in 21 skills development and work force development 22 that, as Senator LaValle looked around and saw 23 Senator Lachman and Senator Meier and Senator 24 Libous and Senator Santiago and myself all 25 aching to get into a discussion, he in his 4870 1 wisdom set in place the subcommittee report 2 which you have. 3 I would say just a couple of 4 brief remarks. Earlier this year as chairman of 5 Local Government, I moved through the state and 6 held four Welfare to Work roundtable discussions 7 attempting to maintain the discussion on the 8 implementation of local governments and their 9 relationship to implementation of welfare to 10 work. You couldn't discuss it without 11 discussing jobs. You couldn't discuss jobs 12 without discussing education, and so what you 13 see in the report today was certainly reflective 14 of what we heard across the state, reflective of 15 what all the members of the subcommittee 16 discovered as they went back to their districts 17 and talked with their people who were interested 18 in work force development, higher education and 19 skills training and certainly interested in the 20 New York State's effort of welfare to work. 21 I thank Senator LaValle, thank 22 the members of the subcommittee, look forward to 23 working with my colleagues as we move forward 24 together on this wonderful new adventure that 25 New York State is setting off on. 4871 1 Thank you. 2 ACTING PRESIDENT KUHL: Reports 3 -- Senator Lachman, why do you rise? 4 SENATOR LACHMAN: I rise to also 5 speak on this report, Mr. Chairman. 6 I was very pleased to serve on 7 the committee, and especially so because the 8 goal, the objective, of this report is really to 9 develop an integrated approach to moving all 10 welfare recipients into jobs, reviewing 11 programs, evaluating them, eliminating that 12 which does not work and maintaining that which 13 does work. 14 In a sense, it attempts to 15 integrate the best programs in state agencies, 16 public higher education, independent schools of 17 higher education, and the business community 18 and, most important, what I learned from this 19 endeavor is that important issues can be 20 resolved on a non-partisan basis, and I want to 21 commend not only all my colleagues, Senator 22 Santiago, Senator Libous, Senator Meier, but I 23 also -- of course, Senator Rath, the chairman of 24 the subcommittee, most especially Senator 25 LaValle and those unsung heroes of the 4872 1 Democratic and Republican Conference who worked 2 behind the scenes. 3 It was said a couple of weeks ago 4 that this could not be done in one integrated 5 report. It has been done in one integrated re 6 port. Why? Because the issue was very impor 7 tant to the future and, in this non-partisan 8 approach, I hope that other important and 9 controversial issues that arise in this chamber 10 this week and next week will also be settled in 11 a similar non-partisan approach. 12 Thank you all. 13 ACTING PRESIDENT KUHL: Reports 14 of select committees. 15 Communications and reports from 16 state officers. 17 Motions and resolutions. The 18 Chair recognizes Senator Marcellino. 19 SENATOR MARCELLINO: Thank you, 20 Mr. President. 21 On page number 47, I offer the 22 following amendments to Calendar Number 702, 23 Senate Print Number 3431, and ask that said bill 24 retain its place on the Third Reading Calendar. 25 ACTING PRESIDENT KUHL: 4873 1 Amendments to Calendar Number 702 received and 2 adopted; the bill will retain its place on the 3 Third Reading Calendar. 4 Senator Marcellino. 5 SENATOR MARCELLINO: Mr. 6 President, on page number 10, I offer the 7 following amendments to Calendar Number 306, 8 Senate Print Number 1983, and ask that said bill 9 retain its place on the Third Reading Calendar. 10 ACTING PRESIDENT KUHL: 11 Amendments to Calendar Number 306 are received 12 and adopted; the bill will retain its place on 13 the Third Reading Calendar. 14 Senator Marcellino. 15 SENATOR MARCELLINO: Thank you, 16 Mr. President. 17 On page number 31, I offer the 18 following amendments to Calendar Number 827, 19 Senate Print Number 4285, and ask that said bill 20 retain its place on the Third Reading Calendar. 21 ACTING PRESIDENT KUHL: 22 Amendments to Calendar Number 827 are received 23 and adopted; the bill will retain its place on 24 the Third Reading Calendar. 25 Senator Marcellino. 4874 1 SENATOR MARCELLINO: Thank you, 2 Mr. President. 3 On page number 39, I offer the 4 following amendments to Calendar Number 1001, 5 Senate Print Number 4535-A, and ask that said 6 bill retain its place on the Third Reading 7 Calendar. 8 ACTING PRESIDENT KUHL: 9 Amendments to Calendar Number 1001 received and 10 adopted; the bill will retain its place on the 11 Third Reading Calendar. 12 Senator Marcellino. 13 SENATOR MARCELLINO: Thank you, 14 Mr. President. 15 Last, but not least, on page 16 number 40, I offer the following amendments to 17 Calendar Number 1014, Senate Print Number 18 4864-A, and ask that said bill retain its place 19 on the Third Reading Calendar. 20 ACTING PRESIDENT KUHL: 21 Amendments to Calendar Number 1014 are received 22 and adopted; the bill will retain its place on 23 the Third Reading Calendar. 24 ACTING PRESIDENT KUHL: Senator 25 Seward. 4875 1 SENATOR SEWARD: Yes, Mr. 2 President. On behalf of Senator Cook, please 3 remove the sponsor's star on Calendar Number 4 820. 5 ACTING PRESIDENT KUHL: Star on 6 Calendar Number 820 is removed at the request of 7 the sponsor. 8 Senator Seward. 9 SENATOR SEWARD: Yes. On behalf 10 of Senator Marcellino, I wish to call up his 11 bill, Print Number 4130, recalled from the 12 Assembly which is now at the desk. 13 ACTING PRESIDENT KUHL: Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 572, by Senator Marcellino, Senate Print 4130, 17 an act to amend the Environmental Conservation 18 Law. 19 ACTING PRESIDENT KUHL: Senator 20 Seward. 21 SENATOR SEWARD: Mr. President, I 22 now move to reconsider the vote by which this 23 bill was passed. 24 ACTING PRESIDENT KUHL: Secretary 25 will call the roll on reconsideration. 4876 1 (The Secretary called the roll on 2 reconsideration.) 3 THE SECRETARY: Ayes 45. 4 ACTING PRESIDENT KUHL: Senator 5 Seward. 6 SENATOR SEWARD: Mr. President, I 7 now offer the following amendments. 8 ACTING PRESIDENT KUHL: 9 Amendments are received and adopted. 10 Senator Skelos, there's a couple 11 substitutions at the desk. 12 SENATOR SKELOS: Please do the 13 substitutions. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the substitutions. 16 THE SECRETARY: On page 4, 17 Senator Levy moves to discharge from the 18 Committee on Rules Assembly Bill Number 2541 and 19 substitute it for the identical Third Reading 20 Calendar 79. 21 On page 10, Senator Levy moves to 22 discharge from the Committee on Rules Assembly 23 Bill Number 3080, and substitute it for the 24 identical Third Reading Calendar 321. 25 On page 29, Senator Trunzo moves 4877 1 to discharge from the Committee on Rules 2 Assembly Bill Number 8089 and substitute it for 3 the identical Third Reading Calendar 792. 4 On page 37, Senator Levy moves to 5 discharge from the Committee on Rules Assembly 6 Bill Number 4566 and substitute it for the 7 identical Third Reading Calendar 961. 8 And on page 39, Senator Levy 9 moves to discharge from the Committee on Rules 10 Assembly Bill Number 6726-B and substitute it 11 for the identical Third Reading Calendar 1002. 12 ACTING PRESIDENT KUHL: 13 Substitutions are ordered. 14 Senator Skelos, that brings us to 15 the calendar. 16 SENATOR SKELOS: Mr. President, 17 there will be an immediate meeting of the Rules 18 Committee in the Majority Conference Room. 19 ACTING PRESIDENT KUHL: There 20 will be an immediate meeting of the Rules 21 Committee. Immediate meeting of the Rules 22 Committee in the Majority Conference Room, Room 23 332. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President, I 4878 1 believe there is a privileged Resolution Number 2 1669 at the desk, sponsored by Senator 3 DeFrancisco. May we please have the title read 4 and move for its immediate adoption. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the title of the privileged resolution 7 by Senator DeFrancisco, 1669. 8 THE SECRETARY: By Senator 9 DeFrancisco, Legislative Resolution 1669, 10 honoring Vera House, Incorporated of Syracuse, 11 New York, an agency that works to end domestic 12 violence, upon the occasion of the kick-off of 13 its White Ribbon Campaign June 7 through 15, 14 1997. 15 ACTING PRESIDENT KUHL: Senator 16 DeFrancisco, on the resolution. 17 SENATOR DeFRANCISCO: Mr. 18 President, I rise to urge the adoption - 19 unanimous adoption of this resolution and also 20 to explain to the members of the house that Vera 21 House is an organization that's been in 22 existence for some time in Syracuse, New York 23 and it provides emergency shelter for women, 24 education services on domestic violence and also 25 outreach programs that have been extremely 4879 1 successful in our area. 2 Three years ago Vera House 3 decided that they were going to try to create 4 greater awareness of the problems of domestic 5 violence, an awareness that this body already 6 has from some of the legislation that we've 7 already passed here. But the greater awareness 8 is by way of a White Ribbon Campaign, and I have 9 provided white ribbons to all the members of the 10 house. I'm glad to see that many of you are 11 wearing them, and basically what it is done for 12 is to raise consciousness about the serious 13 problem of domestic violence. In Syracuse, not 14 only are the white ribbons being worn by people 15 but we have them around trees in downtown 16 Syracuse and worn in many businesses and 17 factories and the like. So in support of this 18 great venture of Vera House, in support of the 19 great work, I rise to support this resolution 20 and commend Vera House on its fine efforts and 21 to help to bring more visibility to this very, 22 very serious problem, not only in this chamber, 23 not only in Syracuse, but throughout the state 24 of New York. 25 Thank you, Mr. President. 4880 1 ACTING PRESIDENT KUHL: Question 2 is on the resolution. All those in favor 3 signify by saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response. ) 7 The resolution is adopted. 8 Senator Holland. 9 SENATOR HOLLAND: I believe there 10 is a privileged resolution, I guess Number 1670, 11 by you, Mr. President. May we please have the 12 title read and move for its immediate adoption. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the title to Resolution Number 1670. 15 THE SECRETARY: By Senator Kuhl, 16 Legislative Resolution 1670, memorializing 17 Governor George E. Pataki to proclaim June 1997 18 as June Is Dairy Month in the state of New 19 York. 20 ACTING PRESIDENT KUHL: Question 21 is on the resolution. All those in favor 22 signify by saying aye. 23 (Response of "Aye.") 24 Opposed nay. 25 (There was no response. ) 4881 1 The resolution is adopted. 2 Senator Holland. 3 SENATOR HOLLAND: Mr. President, 4 there are two privileged resolutions at the desk 5 by Senator Saland. May we please have the 6 titles read and move for their immediate 7 adoption. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the title of Resolution Number 1641. 10 THE SECRETARY: By Senator 11 Saland, Legislative Resolution 1641, honoring 12 John Cordato upon the occasion of his 13 designation as recipient of the New York State 14 Conspicuous Service Cross, by the New York State 15 Division of Veterans Affairs at a ceremony on 16 June 10, 1997. 17 ACTING PRESIDENT KUHL: Question 18 is on the resolution. All those in favor 19 signify by saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response. ) 23 The resolution is adopted. 24 Secretary will read the title of Resolution 25 Number 1642, by Senator Saland. 4882 1 THE SECRETARY: By Senator 2 Saland, Legislative Resolution Number 1642, 3 honoring Edward James upon the occasion of his 4 designation as recipient of the New York State 5 Conspicuous Service Cross by the New York State 6 Division of Veterans Affairs at a ceremony on 7 June 10, 1997. 8 ACTING PRESIDENT KUHL: All those 9 in favor of adopting the resolution signify by 10 saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response. ) 14 The resolution is adopted. 15 Senator Holland. 16 SENATOR HOLLAND: If there is no 17 housekeeping, can we go to non-controversial 18 reading of the calendar, please, Mr. President. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the non-controversial calendar 21 beginning with Calendar Number 79 on page 4. 22 THE SECRETARY: Calendar Number 23 79, substituted earlier today, by member of the 24 Assembly Sweeney, Assembly Print 2541, an act to 25 amend the Transportation Law, in relation to 4883 1 establishing an engineering. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 52. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 174, by Senator Maltese, Senate Print 1219-A, an 14 act to amend the Election Law, in relation to 15 party recommendations. 16 SENATOR HOLLAND: Lay the bill 17 aside for the day at the request of the 18 sponsor. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside for the day at the request of the 21 sponsor. 22 THE SECRETARY: Calendar Number 23 184, by Senator Tully, Senate Print 2567-C, an 24 act to amend the Environmental Conservation, in 25 relation to including publicly owned drinking 4884 1 water treatment plants. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect on the 30th day. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 52. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 227, by Senator Saland, Senate Print 1289-B, an 14 act to amend the Education Law, in relation to 15 eligibility for state aid. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 52. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 4885 1 THE SECRETARY: Calendar Number 2 405, by Senator Alesi, Senate Print 3525-A, an 3 act to amend the General Business Law, in 4 relation to subjecting collect and international 5 interactive information. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 52. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 453, by Senator Maziarz, Senate Print 933, an 18 act to amend the Environmental Conservation Law, 19 in relation to the environmental regulatory 20 program fees. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect April 1. 25 ACTING PRESIDENT KUHL: Call the 4886 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 54. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 532, by Senator Levy, Senate Print 51, an act to 8 amend the Vehicle and Traffic Law, in relation 9 to establishing. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the first day of 14 November. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 54. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 534, by Senator Levy, Senate Print 100-A, an act 23 to amend Chapter 312 of the Laws of 1994, 24 amending the Vehicle and Traffic Law. 25 ACTING PRESIDENT KUHL: Secretary 4887 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 54. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 610, by member of the Assembly Pheffer, Assembly 12 Print 6781-A, an act to amend the General 13 Business Law, in relation to acceptance of 14 unexpired gift certificates. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 90th day. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 54. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 4888 1 611, by Senator Levy, Senate Print 25, an act to 2 amend the Real Property Tax Law. 3 SENATOR HOLLAND: Lay aside for 4 the day, please, at the request of the sponsor. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside for the day. 7 THE SECRETARY: Calendar Number 8 699, by Senator Libous, Senate Print 3887, an 9 act to amend the Mental Hygiene Law, in relation 10 to providing protection. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 THE SECRETARY: Section 5. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 54. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 704, by Senator Volker, Senate Print 5217, an 23 act to amend the Civil Service Law, in relation 24 to the definition of public employee. 25 ACTING PRESIDENT KUHL: Secretary 4889 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 54. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 Record the negative, announce the 11 results. 12 THE SECRETARY: In relation to 13 Calendar Number 704, those recorded in the 14 negative are Senators Dollinger, Gentile and 15 Markowitz. Ayes 53 -- ayes 51, nays 3. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 719, by Senator Goodman, Senate Print 5031, an 20 act to amend the Administrative Code of the city 21 of New York. 22 SENATOR HOLLAND: Lay aside for 23 the day. 24 ACTING PRESIDENT KUHL: There is 25 a local fiscal impact at the desk. Lay the bill 4890 1 aside for the day. 2 THE SECRETARY: Calendar Number 3 742, by Senator Trunzo, Senate Print 1523-B, an 4 act to amend the Eminent Domain Procedure Law, 5 in relation to acquisition. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect in 30 days. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 56. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 768, by Senator Farley, Senate Print 3852-A, an 18 act to amend the Public Health Law, in relation 19 to advising maternity patients. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first day of 24 January. 25 ACTING PRESIDENT KUHL: Call the 4891 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 55, nays 1, 4 Senator Cook recorded in the negative. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 788, by Senator Levy, Senate Print 4426, an act 9 to amend the Executive Law, in relation to 10 felonies designated for inclusion in the state 11 DNA Identification Index. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 56. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 823, by Senator Rath, Senate Print 3802-A, an 24 act to amend the Real Property Tax Law, in 25 relation to relieving local governments. 4892 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 18. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 56. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 840, by Senator Holland, Senate Print 4481, an 13 act to amend the Social Services Law, in 14 relation to adding physician assistants. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 56. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 4893 1 842, by Senator Holland, Senate Print 4775, an 2 act to amend the Social Services Law, in 3 relation to authorizing not-for-profit 4 corporations. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 56, nays 13 one, Senator Spano recorded in the negative. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 885, by Senator Goodman, Senate Print 3648, an 18 act to amend the Alcoholic Beverage Control Law, 19 in relation to clarifying that an application. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect in 90 days. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 4894 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 56. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 935, by Senator LaValle, Senate Print 1737, an 7 act to amend the Domestic Relations Law and the 8 Family Court Act, in relation to the visitation 9 rights of great grandparents. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 56. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 938, by Senator Saland, Senate Print 3442, an 22 act to amend the Domestic Relations Law, in 23 relation to orders of protection in matrimonial 24 proceedings. 25 ACTING PRESIDENT KUHL: Secretary 4895 1 will read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the first day of 4 November. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 56. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 947, by Senator Saland, Senate Print 5175, an 13 act to amend the Domestic Relations Law and the 14 Family Court Act, in relation to violations. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect in 90 days. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 56. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 4896 1 1023, by member of the Assembly Smith, Assembly 2 Print 7033-A, an act to amend the Agriculture 3 and Markets Law, in relation to domestic animal 4 health permits. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 56. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1032, by the Assembly Committee on Rules, 17 Assembly Print 7887, an act to repeal 18 subdivision 9. 19 SENATOR PATERSON: Lay aside. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 1033, by member of the Assembly Lopez, Assembly 24 Print 1864, an act to amend the Election Law, in 25 relation to ballots on voting machines. 4897 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 56. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1034, by the Assembly Committee on Rules, 13 Assembly Print 7889, an act to amend the 14 Election Law, in relation to certain misconduct 15 relating to petitions. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 57. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 4898 1 THE SECRETARY: Calendar Number 2 1050, by Senator Marchi, Senate Print 4085, an 3 act to repeal Section 630. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside. 6 THE SECRETARY: Calendar Number 7 1059, by Senator Lack, Senate Print 4787, an act 8 authorizing the State University of New York to 9 lease and contract for service. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 57. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 Senator Holland, that completes 21 the controver... non-controversial calendar. 22 SENATOR HOLLAND: Can we do the 23 controversial calendar, please. 24 ACTING PRESIDENT KUHL: Secretary 25 will read the controversial calendar beginning 4899 1 with Calendar Number 1032, by Senator Maltese, 2 on page 42. 3 THE SECRETARY: Calendar Number 4 1032, by the Assembly Committee on Rules, 5 Assembly Print 7887, an act to repeal 6 subdivision 9 of Section 14-114. 7 ACTING PRESIDENT KUHL: Senator 8 Maltese, an explanation of Calendar Number 1032 9 has been requested by Senator Gold. 10 SENATOR MALTESE: Thank you, Mr. 11 President. 12 The purpose of this bill is to 13 eliminate the references to the New York City 14 Board of Estimate in Article 14 of the Election 15 Law. 16 The New York City Board of 17 Estimate was abolished in 1991 and its powers 18 were transferred to the New York City Council. 19 Since the Board of Estimate no longer exists, 20 reference to the contribution limit for races 21 for the Board of Estimate should be eliminated. 22 Let's see, and the abolishment of the Board of 23 Estimate eliminates the need for this section of 24 law, and this was at the request of the City 25 Council President -- I'm sorry, the Speaker of 4900 1 the City Council. 2 ACTING PRESIDENT KUHL: Senator 3 Gold. 4 SENATOR GOLD: Yeah. This is 5 1032? 6 ACTING PRESIDENT KUHL: Calendar 7 1032 is the bill before the house currently. 8 Senator Paterson, why do you 9 rise? 10 (There was no response.) 11 Senator Gold? 12 SENATOR GOLD: Yes, Mr. 13 President. Would Senator Maltese yield to just 14 one question? 15 ACTING PRESIDENT KUHL: Senator 16 Maltese, do you yield to a question? 17 SENATOR MALTESE: Yes. 18 ACTING PRESIDENT KUHL: Senator 19 yields. 20 SENATOR GOLD: Senator, are you 21 telling us that you want this piece of 22 legislation stricken from the books only because 23 the group involved doesn't exist any more? 24 SENATOR MALTESE: That's correct, 25 and it's an agreed-upon bill with the Assembly 4901 1 and the Assembly -- it's an Assembly Rules 2 Committee bill. 3 SENATOR GOLD: Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Gold. 6 SENATOR GOLD: Yeah. I was asked 7 to ask for an explanation so that we could 8 retrieve the distinguished Senator from 9 Manhattan from Rules, and I understand that he 10 is now back with us, so I'd like to yield to 11 Senator Leichter. 12 SENATOR LEICHTER: Yeah, Mr. 13 President. Is there an amendment at the desk, 14 please? 15 ACTING PRESIDENT KUHL: Senator 16 Leichter, I am informed that an amendment has 17 just arrived. I don't know as it's been served 18 on the appropriate parties, but we'll take a 19 look at it. Give us just a moment. 20 Senator Holland. 21 SENATOR HOLLAND: If people will 22 just bear with us for a minute, Mr. President. 23 Can we just take a moment from this bill so we 24 can do a little more research maybe and go back 25 to resolutions, please. 4902 1 ACTING PRESIDENT KUHL: Senator 2 Leichter, I'm going to need just a moment for 3 some additional information I need to make a 4 ruling on your proposed amendment. So at this 5 time, we'll lay the bill aside temporarily. 6 We'll be right back to it. 7 SENATOR LEICHTER: Senator, I 8 have no objection at all, but with all due 9 respect, Mr. President, I don't think this is so 10 tough. 11 ACTING PRESIDENT KUHL: Well, I 12 just want to be absolutely accurate and correct 13 and fair to all concerned, Senator Leichter, so 14 I just need one piece of information. 15 SENATOR LEICHTER: Were you 16 announcing a new standard, Mr. President? 17 ACTING PRESIDENT KUHL: Pardon? 18 SENATOR LEICHTER: Were you 19 announcing a new standard? 20 ACTING PRESIDENT KUHL: No, no. 21 SENATOR LEICHTER: Oh, it sounded 22 like a new standard. Thank you. 23 ACTING PRESIDENT KUHL: No. As a 24 matter of fact, Senator Leichter, I even 25 recognized you that time when you stood up, so 4903 1 it's not a new standard. 2 Senator Holland, we'll lay this 3 bill aside temporarily. We'll go back to the 4 regular order of motions and resolutions and 5 there is a privileged resolution by Senator 6 Wright at the desk I'll ask the Secretary to 7 read in its entirety. 8 THE SECRETARY: By Senator 9 Wright, Legislative Resolution 1585, paying 10 tribute to the New York State honorees of the 11 United States Small Business Administration upon 12 the occasion of their designation as recipients 13 of the 1997 Small Business People Awards Monday, 14 June 9, 1997. 15 WHEREAS, small business owners 16 embody the entrepreneurial spirit which has 17 fueled the economy of our country since its 18 founding, and 19 WHEREAS, small businesses 20 continue to create virtually all new jobs in New 21 York State and to train most workers entering 22 our economy. 23 Small business owners contribute 24 to our state by risking their personal wealth 25 and devoting countless hours to their businesses 4904 1 in order to provide jobs, pay taxes and produce 2 goods and services to the people of the state of 3 New York. 4 The United States Small Business 5 Administration districts in New York State each 6 year select a Small Business Person of the 7 Year. 8 The United States Small Business 9 Administration districts in New York State each 10 year select certain outstanding small business 11 people to receive Small Business Advocacy 12 Awards. 13 The United States Small Business 14 Administration districts in New York State each 15 year select certain community members to receive 16 Small Business Special Awards. 17 These awards represent 18 recognition for entrepreneurship and advocacy 19 from peers in small business; and 20 WHEREAS, Madiline B. Dolan, 21 Executive Vice-president, Albany-Colonie 22 Regional Chamber of Commerce, has been selected 23 Financial Services Advocate of the Year for the 24 Small Business Administration; 25 Tracey Rosenthal Drury, Business 4905 1 First of Buffalo, has been selected Media 2 Advocate of the Year for the Small Business 3 Administration region; 4 Richard Fernandez, President, 5 Sharon Construction Corporation, Red Bank, New 6 Jersey, has been selected Small Business Prime 7 Contractor of the Year for the Small Business 8 Administration region; 9 Andrew Sewell, President, Alnitak 10 Corporation, Farmingdale, New York, has been 11 selected Small Business Subcontractor of the 12 Year for the Small Business Administration 13 region; 14 Richard Louis, President, Albany 15 Net, Incorporated, Albany, New York, has been 16 selected Young Entrepreneur of the Year for the 17 Small Business Administration region; 18 John B. Fornasiero, CPA, Dopkins 19 and Company, Williamsville, New York, has been 20 selected Account Advocate of the Year for the 21 Small Business Administration Buffalo district; 22 Ron Schrieber and Jordan Levy, 23 founders and co-CEOs SOFTBANK Service Group, 24 Buffalo, New York, have been selected Entre 25 preneurial Success Awards for the Small Business 4906 1 Administration, Buffalo district; 2 Deborah Dimatteo, Marine Midland 3 Bank, Buffalo, New York, has been selected 4 Financial Services Advocate of the Year for the 5 Small Business Administration Buffalo district; 6 Charles Aughtry, Director of the 7 Alliance for Minority and Women Business 8 Enterprise Advancement, Buffalo, New York, has 9 been selected Minority Advocate of the Year for 10 the Small Business Administration Buffalo 11 district; 12 Paul Eckert and Suzanne Eckert, 13 Automated Office Products of WNY, Incorporated, 14 Buffalo, New York, have been selected Small 15 Business Team of the Year for the Small Business 16 Administration Buffalo district; 17 Christopher S. Nigon, President 18 of Multisorb Technologies, Incorporated, 19 Buffalo, New York, has been selected Veteran 20 Small Business Advocate of the Year for the 21 Small Business Administration Buffalo district; 22 Dolores D. McCarley, President 23 and Founder of Resource Planning Associates, 24 Incorporated, Buffalo, New York, has been 25 selected Women in Business Advocate of the Year 4907 1 for the Small Business Administration Buffalo 2 district; 3 Rocco J. Casullo, owner/operator 4 of Casullo's Automotive Service, Inc., Kenmore, 5 New York, has been selected Young Entrepreneur 6 of the Year for the Small Business 7 Administration Buffalo district; 8 Stanley F. Popeil, B.G. Imaging 9 Specialties, Incorporated, Bronx, New York, has 10 been selected Small Business Exporter of the 11 Year for the Small Business Administration New 12 York City district; 13 Jennifer and Jeremy Marshall, 14 owners/operators of Aquagrill, a fine dining 15 seafood restaurant and oyster bar, New York, New 16 York, have been selected Entrepreneurial Success 17 Award recipients for the Small Business 18 Administration New York City district; 19 Sally A. Slacke, President, 20 Slacke Test Boring, Incorporated, Kings Park, 21 New York has been selected Women in Business 22 Advocate of the Year for the Small Business 23 Administration New York City district; 24 Sylvia F. Patterson and John 25 Dobosz submit stories for CNN's children's 4908 1 program, Managing with Lou Dobbs; they have been 2 selected Media Advocate of the Year for the 3 Small Business Administration New York City 4 district; 5 Eugene Williams, Director, Small 6 Business Development Center, Bronx, New York, 7 has been selected Minority Small Business 8 Advocate of the Year for the Small Business 9 Administration, New York City district; 10 Douglas Asofsky, Vice-President 11 and Director of Small Business Administration 12 Lending, Citibank, Lake Success, New York, has 13 been selected Financial Services Advocate of the 14 Year for the Small Business Administration New 15 York City district; 16 Peter E. Phame, President and 17 CEO, Dynamic Decisions, Incorporated, New York, 18 New York, has been selected Small Business 19 Person of the Year for the Small Business 20 Administration, New York City district; 21 Robert Fagliarone, Founder of the 22 Fagliarone Group, P.C., Auburn, New York, has 23 been selected Account Advocate of the Year for 24 the Small Business Administration Syracuse 25 district; 4909 1 Mark R. Hadley, Editor of Small 2 Biz, a publication of the Business Journal, 3 Syracuse, New York, has been selected Small 4 Business Media Advocate of the Year for the 5 Small Business Administration Syracuse district; 6 Hang Zhu, President and Sole 7 Stock Owner, Jiayuan Enterprise International, 8 Incorporated, Syracuse, New York, has been 9 selected Small Business Exporter of the Year for 10 the Small Business Administration Syracuse 11 district; 12 Cathy Newell, President and CEO, 13 Mohawk LTD, Chadwicks, New York, has been 14 selected Small Business Person of the Year for 15 the Small Business Administration Syracuse 16 district; 17 Thomas Sullivan, President of the 18 North American Indian Project, Syracuse, New 19 York, has been selected Minority Small Business 20 Advocate of the Year for the Small Business 21 Administration Syracuse district; 22 Janet Mellor, President -- owner, 23 Mellor and Associates, Horseheads, New York, has 24 been selected Women in Business Advocate of the 25 Year for the Small Business Administration 4910 1 Syracuse district; 2 Vincent Morrison, President and 3 Owner, Veterans Fastener Supply Corporation, 4 Syracuse, New York, has been selected Veterans 5 Advocate of the Year for the Small Business 6 Administration Syracuse district, and 7 WHEREAS, all these United States 8 Small Business Administration Award Winners have 9 contributed through their success and 10 involvement in the small business sector to the 11 economic strength of their communities, their 12 state and their country; and 13 WHEREAS these New Yorkers 14 exemplify the values of diligence, initiative 15 and independence which makes small business such 16 a vital sector of New York State's economy; 17 NOW, THEREFORE, BE IT RESOLVED 18 that this legislative body pause in its 19 deliberations to extend its congratulations to 20 these New Yorkers for being designated by the 21 United States Small Business Administration as 22 outstanding 1997 small business people at a 23 reception to be held on Monday, June 9, 1997; 24 and 25 BE IT FURTHER RESOLVED that 4911 1 copies of this resolution, suitably engrossed, 2 be transmitted to the aforementioned honorees. 3 ACTING PRESIDENT KUHL: The Chair 4 recognizes Senator Wright, on the resolution. 5 SENATOR WRIGHT: Thank you, Mr. 6 President. 7 It's my pleasure to have joined 8 with all of the small business winners today as 9 the state Legislature recognized their efforts. 10 The past week has been National Small Business 11 Week and across the nation as well as across 12 this state, we've had the opportunity to 13 recognize the men and women who give so much of 14 themselves investing in their companies in our 15 communities throughout this state to create the 16 jobs and the growth that we're all looking for 17 in the economy of New York. 18 It's our opportunity today to 19 have all of the 16 members who are in attendance 20 out of the 27 statewide winners to join us here 21 in the chambers, and I would ask them to rise if 22 they would -- we also have several members here 23 on the floor -- to be recognized by the Senate, 24 for us to express our appreciation for 25 everything that they have done. Majority Leader 4912 1 Bruno had occasion to do that directly on behalf 2 of the Senate today, but as you can see it is a 3 group that is representative of New York, 4 representative of New York's diversity and 5 certainly indicative and representative of the 6 strength that makes New York the state that it 7 is and the success that they had in their 8 business endeavors. 9 We're very pleased to recognize 10 each and every one of you and to have the 11 opportunity for you to join us today. 12 Thank you very much. 13 (Applause) 14 Mr. President, at this time I'd 15 like to defer to several of my colleagues. 16 ACTING PRESIDENT KUHL: Senator 17 DeFrancisco, on the resolution. 18 SENATOR DeFRANCISCO: Yes, I must 19 rise. I think the gallery is filled with people 20 from Syracuse. We're a little low this year, 21 there is only about 30 percent of the winners 22 from Syracuse, New York. I know recently there's 23 been some publicity that business is down in 24 Central New York. Well, this is business' 25 future of Central New York. 4913 1 This year we're honoring all of 2 these individuals whose names have been read for 3 to be as the small business winners this year. 4 In a couple years they'll be the big business 5 winners and will drive the economic engine of 6 Central New York and also the state of New 7 York. 8 Congratulations to all of you and 9 congratulations to all of the winners throughout 10 the state. This is what drives the economy, 11 small business, and you are the heroes of small 12 business. Best of luck in the future. 13 ACTING PRESIDENT KUHL: Is there 14 any other Senator wishing to speak on the 15 resolution? Hearing none, the question is on 16 the resolution. All those in favor signify by 17 saying aye. 18 (Response of "Aye.") 19 Opposed nay. 20 (There was no response. ) 21 The resolution is unanimously 22 adopted. 23 On behalf of Senator Bruno and 24 all our members, colleagues in the chamber, we 25 welcome you to Albany. Congratulations on your 4914 1 honors that you received today, and I know that 2 the red carnation is not significant of the 3 bottom line of the businesses that you operate. 4 I note that it's probably significant of the 5 courage that you take in undertaking a small 6 business operation, so welcome to Albany. Thank 7 you for sharing just a moment in your lives with 8 us. 9 Senator Holland. 10 SENATOR HOLLAND: Mr. President, 11 can we return to Calendar Number 1032 and the 12 amendment and your decision on the amendment. 13 ACTING PRESIDENT KUHL: Secretary 14 will read Calendar Number 1032. 15 THE SECRETARY: Calendar Number 16 1032, by the Assembly Committee on Rules, 17 Assembly Print 7887, an act to repeal 18 subdivision 9 of Section 14-114. 19 ACTING PRESIDENT KUHL: The bill 20 is before the house. Senator Leichter, you did 21 have an amendment that you were prepared to 22 propose at the desk. I believe it is germane, 23 so if you would like to waive the reading of it, 24 move to waive the reading of it, like an 25 opportunity to explain the amendment, the floor 4915 1 is now yours for such a purpose. 2 SENATOR LEICHTER: Good. Thank 3 you very much, Mr. President. 4 The amendment is very simple. 5 What the amendment does is to impose a 6 limitation of $1000 in contributions to 7 "housekeeping" accounts. That's what we call 8 it in New York State; nationally it's known as 9 "soft money". 10 This is -- Mr. President, I'm 11 speaking on the amendment. This is so overdue, 12 and it will cure such a gross abuse in the 13 campaign financing system that exists in this 14 state. I think we all agree, whether we want to 15 do it publicly on the floor here or whether 16 privately in our -- in our cloakroom, that the 17 financing system, the campaign financing system 18 in this state is just God-awful. It's worse 19 than broke. It is totally dysfunctional. 20 The fact is that there really are 21 no campaign financing limitations in the state 22 whatsoever. If doesn't take a rocket scientist, 23 it doesn't take anybody particularly astute, any 24 eighth grader could find 20 ways to get around 25 the campaign limitations that are written into 4916 1 the law in this state, with the result that 2 every campaign becomes more and more and more 3 expensive, and more and more and more big money 4 is sought out, and big money has a greater and 5 greater influence on the policies of this 6 state. 7 Now, let me say this is not a 8 partisan matter. This is non-partisan sin. As 9 I said in relation to an amendment or motion to 10 discharge I made, there are no saints when it 11 comes to campaign financing, none on this side 12 of the aisle, none on the other side of the 13 aisle, not in the other house. I'm no saint. 14 We've all been in this; we know what's involved 15 in raising money; but the system has gotten 16 worse and worse, and while a lot of the focus 17 has been on the national level and deservedly so 18 because of the enormous amount and my party, the 19 Democratic Party, has been criticized and while 20 I have no facts about the specifics certainly 21 some of the stories we read do make us question 22 what is happening. 23 But very little attention has 24 been paid to the state of New York and, my 25 friends, the abuses in this state while maybe 4917 1 the amounts are smaller, the quality or 2 character of the abuses is every bit as great. 3 I issued a report earlier this year about "soft 4 money" in this state that showed that the 5 Republican State Committee raised $3 million in 6 "housekeeping" funds. 7 Now, let me say, I may be talking 8 about the Republicans, but I emphasize again I'm 9 not seeking any partisan advantage. I'm not 10 pointing the finger at the Republicans. I hope 11 nobody is going to get up and say, Well, you 12 guys did it too. It's true; everybody has done 13 it. The question isn't who was worse, who 14 committed more transgression. The question is, 15 are we going to have the responsibility of doing 16 what the public wants us to do, of doing what we 17 know is right, and that is closing abuses. 18 This report shows that the 19 Republican State Committee raised about $3 20 million in "housekeeping" funds. Now, under the 21 state law, and "housekeeping" funds are like 22 "soft money" but the law is written somewhat 23 differently than the federal law is. That 24 money, as its title implies, is to be used for 25 housekeeping funds. It says for housekeeping, 4918 1 for staff, and similar expenses. 2 Now, you don't need -- you can't 3 use $3 million for housekeeping and for staff 4 and indeed, when you take a look at the 5 expenditures out of that "housekeeping" account 6 it went to political consultants. I don't know 7 why you would have political consultants. Are 8 they -- did they go in and tell you where to put 9 your furniture, the color code in the office? 10 What did that expenditure possibly have to do 11 with housekeeping? Democratic State Committee 12 raised much less, but also raised fairly 13 substantial amounts, something like $400,000. 14 Now, the point is that under the 15 law in New York State contributions to the 16 "housekeeping" accounts, contributions to "soft 17 money" have no limitations whatsoever. If you 18 want to make a contribution to a Senatorial 19 campaign, as you know, the limitation is $7,000, 20 for the Assembly it's, I believe, 2800. There is 21 a limitation if you contribute to the Governor. 22 There's limitations that corporations can give 23 but when it comes to "housekeeping" accounts no 24 limitation whatsoever -- none, absolutely none. 25 And that's just wrong, and the consequence of 4919 1 having no limitation is that enormous sums are 2 given by single entities. Philip Morris gave, I 3 believe, $156,000 to the Republican "housekeep 4 ing" funds, Republican State Committee 5 "housekeeping" funds. 6 It's just wrong. It shouldn't 7 exist. If you have a limitation as provided in 8 my amendment, it certainly will allow the 9 parties through their "housekeeping" accounts to 10 raise sufficient sums of money, carry on their 11 business -- maybe we ought to get rid of all 12 "housekeeping" accounts, maybe there should be 13 no "housekeeping" accounts, no "soft money" 14 whatsoever. 15 Let's leave that to another day 16 but let's at this moment at least cap the 17 amounts that can be given and end this abuse. 18 Now, there are a lot of debates going on, what 19 sort of a campaign financing system should we 20 have? The people in Maine just voted for a very 21 broad system of public financing. 22 The suggestions in Washington, 23 and indeed there are a lot of suggestions in 24 this Capitol, the Assembly has voted certain 25 proposals, including public financing. But we 4920 1 don't need to reach that issue at this moment. 2 I would love us to address it before the session 3 ends, but here we have a glaring abuse, a gross 4 abuse. Nobody can justify it. I want somebody 5 to get up here and say, Oh, no, you should let 6 Philip Morris give $156,000 to a "housekeeping" 7 account. No excuse for it. Let's close this 8 abuse. Let's end this manner of getting around 9 campaign finance limitations. 10 My friends, we've had a highly 11 unproductive session, as we all know. We've 12 been paralyzed, by and large, by one issue, 13 important as it is, but there are a lot of other 14 things that we need to do that we should be 15 doing, and certainly campaign financing is one. 16 I have the greatest respect, and he knows I say 17 that very genuinely, my good friend, the 18 chairman of the Election Law Committee, and I 19 appreciate that he may not be able to do all the 20 things that he wants to do, and so on. 21 But where have the bills been 22 before us that we should be addressing dealing 23 with the problems that we have in campaign 24 financing? We've had none. I think we've 25 passed one Election Law bill this year, and this 4921 1 bill -- this momentous bill deals with ending 2 the limitations to the Board of Estimate, and I 3 guess it took some debate to reach -- to reach a 4 conclusion on that, but the fact is, of course, 5 as we know, the Board of Estimate no longer 6 exists, so it's hardly the heavy lifting that I 7 know my friend is capable of and the other 8 members of the committee. 9 But here's an opportunity to do 10 something very simple, very good, very 11 uncontroversial. The public will love it, the 12 opinion molders will love it. The editorial 13 writers will praise us for it. We know we've 14 done right if we adopt this amendment and put an 15 end to the abuse of "soft money" in the state of 16 New York. Let me tell you, my friend, we're 17 going to be lauded the country over, the country 18 over, because we've been the first people to 19 address this evil. 20 I just want to call to your 21 attention an Op-Ed piece just a couple of days 22 ago in the New York Times by Representative 23 Christopher Shays from Connecticut. As you 24 know, he's a Republican. Let me just read a 25 little part of it. He starts off, he says: Our 4922 1 campaign finance system is in total meltdown. 2 There are many villains, but one overshadows all 3 others -- "soft money". That is why my fellow 4 Republicans should stop opposing President 5 Clinton's decision to ask the Federal Election 6 Commission to ban soft money. 7 Republican Congressman from 8 Connecticut expressing what I'm expressing, 9 expressing, I think what all of you feel in your 10 heart, which is this is wrong. So let's do it. 11 I'd be happy to withdraw the amendment, let 12 Senator Maltese put his name on it, let him get 13 all of the credit and he would deserve it, and 14 move this. Let's do this. 15 There are other areas in our 16 Election Law that we have need to address, 17 particularly the campaign financing. I've made 18 other proposals, but this is the worst abuse. 19 Let's get rid of it. This amendment gives us the 20 chance to do this, end the "soft money" abuse in 21 the state of New York. 22 Thank you, Mr. President. 23 ACTING PRESIDENT MARCELLINO: 24 Senator Dollinger. 25 SENATOR DOLLINGER: Can I be 4923 1 heard on the amendment, Mr. President? 2 ACTING PRESIDENT MARCELLINO: 3 Yes. Senator Dollinger, on the amendment. 4 SENATOR DOLLINGER: I listened 5 intently to my colleague from Manhattan and I'm 6 struck by the language he used and, Senator, I'm 7 going to perhaps echo some of your remarks but 8 I'd like to break it down for those of us who 9 are perhaps trapped in the political euphemisms 10 of the day. 11 Senator, you kept talking about 12 "housekeeping" accounts. Well, "housekeeping" 13 accounts generate that wonderful image of an 14 elderly person keeping a little tiny jewelry 15 case on the top of their -- their mantel at home 16 and they keep five or ten dollars or they keep a 17 little tiny what my grandmother -- my Irish 18 Catholic grandmother used to call "pin money", 19 little tiny -- near the front door so that if 20 somebody came soliciting, if you had to pay the 21 paper boy, you could reach in and you had $5 22 available. 23 Well, Senator, these are no 24 longer housekeeping accounts, you're absolutely 25 correct. These are really mansionkeeping 4924 1 accounts. Nobody is keeping a little tiny house 2 here. They're running a virtual empire out of 3 these little accounts. They've become the 4 veritable Fort Knox of campaign finance to run 5 it through this little euphemism called a 6 "housekeeping" account. 7 I look over at Senator Maltese; 8 his mother probably had a housekeeping account; 9 my Irish Catholic grandmother had a housekeeping 10 account, and I'll guarantee you one thing, 11 Senator. They never kept $3 million in the 12 housekeeping account. Now, this is something 13 that maybe people that own mansions or own Fort 14 Knox do, but certainly not my grandmother. 15 You also used another term, 16 Senator, to describe this memo when you talked 17 about "soft money", and the suggestion is that 18 somehow "soft money" is different from other 19 kinds of money. There's something soft about 20 it. Maybe it's the crinkly kind that comes in 21 big checks with lots of zeros, but it's no 22 longer, I think, appropriate to call this the 23 soft money, Senator. This is the hard currency 24 of political campaigns. There's nothing soft 25 about it. This is the hard money that feeds the 4925 1 voracious political machines that keep pumping 2 out all those ads. They've been run against 3 me. They've been run in Monroe County. I don't 4 know if they've been run in Manhattan, but this 5 is the hard currency that makes politics work. 6 Anybody who buys the euphemism that "soft money" 7 is somehow different from any other money, the 8 only thing soft about this is the soft 9 disclosure that accompanies it. We don't have 10 that good hard and fast disclosure that comes 11 with campaign contributions to political 12 campaigns, so you get the notion of "soft money" 13 but this isn't soft money, Senator Leichter. 14 This is really the hard currency of political 15 campaigns. 16 You also used another term that 17 strikes me as another euphemism. You talked 18 about limitations. Well, I think everybody in 19 this chamber would tell anyone else that wants 20 to really talk about it that there's no such 21 thing as limitations in New York politics. If 22 you've got money and want to get it to someone 23 there's a way to do it. There is no such thing 24 as limitations. Limitations just means find a 25 creative election law lawyer and you can still 4926 1 do it. There's no such thing as limitations, 2 Senator. I hate to rebuke you for using that 3 word, but it doesn't exist in the political and 4 election law vocabulary in this state. 5 The last one I want to comment on 6 is your comment, this use of the term "cap". 7 Again "cap" has that quaint little notion, sort 8 of right out of the Andy Capp comic book or 9 something, little tiny thing that you put on 10 your head, a little tiny thing that you might 11 put right on the top of your head to protect you 12 on a cold day. Senator Maltese, the chairman of 13 the Election Committee, he knows what the phrase 14 "cap" means. 15 There's no such thing as a cap 16 any more in New York State. Instead it's one of 17 those big Stetsons from Texas. It's one of 18 those ten-gallon hats. You can put your gun in 19 there; you can put your knife in there; you can 20 put all your fightin' tools under the cap. 21 Well, the same thing is true here. A can isn't 22 really a cap. It's really a ten-gallon hat into 23 which you can pour all kinds of money. 24 The concept, the notion of cap, 25 Senator, doesn't really exist. I applaud your 4927 1 efforts to try to amend Senator Maltese's bill 2 but, Senator Leichter, I really have a better 3 bill that I think maybe next year or this year 4 we have should have amended, put this amendment 5 on. 6 All of you remember, I think we 7 unanimously endorsed the concept of banning 8 ultimate fighting in this state. I suggest, 9 Senator Leichter, that this amendment really 10 belongs on that bill, because what this 11 amendment does is, this would put an end to the 12 ultimate political fighting based solely on 13 money in this state. That's what this bill, 14 that's what this amendment is all about. It's 15 really an end to the notion that money alone 16 would drive the politics of our state. 17 I applaud Senator Leichter for 18 doing it. It should have been done. This is the 19 ultimate fighting bill in the politics of this 20 state. If we were to add this amendment, we 21 would reach a point where we would say, we're no 22 longer going to have ultimate political fighting 23 solely on the basis of money and, frankly, we 24 might bring the word "demo" back into democracy 25 instead of what we have today which is purely a 4928 1 monocracy, a form of government driven solely 2 and simply by people's money, most of it from 3 wealthy people. 4 This amendment will bring the 5 "demo", the people back into democracy. I 6 would urge its adoption if we can ever step back 7 from the precipice of big money campaigns. 8 We've all run those campaigns. I've raised 9 money; I've called all those hundreds of people 10 asking them for money. I've raised a lot of 11 money but, frankly, I have think that what that 12 money does is it takes the people out of 13 democracy and puts too much money in it. 14 Step back from this monocracy; 15 consider this amendment and let's bring the 16 "demo" back in democracy. 17 ACTING PRESIDENT KUHL: Is there 18 any other Senator wishing to speak on the 19 amendment? Hearing none, the question is on the 20 amendment. All those in favor of the amendment 21 signify by saying aye. 22 SENATOR PATERSON: Party vote in 23 the affirmative. 24 SENATOR HOLLAND: Party vote in 25 the negative. 4929 1 ACTING PRESIDENT KUHL: Secretary 2 will call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT KUHL: Record 5 the party line vote; announce the results. 6 THE SECRETARY: Ayes 22, nays 35, 7 party vote. 8 ACTING PRESIDENT KUHL: The 9 amendment is lost. 10 Any Senator wishing to speak on 11 the bill? Hearing none, the Secretary will read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 57. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 Secretary will continue to read 22 the controversial calendar. 23 THE SECRETARY: Calendar Number 24 1050, by Senator Marchi, Senate Print 4085, an 25 act to repeal Section 630 of the Business 4930 1 Corporation Law, relating to the liability of 2 shareholders. 3 SENATOR STACHOWSKI: 4 Explanation. 5 ACTING PRESIDENT KUHL: Senator 6 Marchi, an explanation of Calendar Number 1050 7 has been requested. 8 SENATOR MARCHI: Mr. President, 9 last year we passed this bill, and I had an 10 interesting discussion about it with Senator 11 Paterson. I happen to agree with him a hundred 12 percent that this should be the law in every 13 state of the country; but Delaware, the state of 14 Delaware where virtually 99 percent of our 15 corporations are formulated dispenses and, as a 16 result, we are not having any more or very few 17 incorporations taking place within the walls of 18 the state of New York. 19 I have since received a 20 communication from someone from a -- from a 21 group that has made a fairly accurate study and 22 it reached me on June 4th. I'd like to analyze 23 it, and request that -- with the consent of the 24 Majority and the Minority and everybody else, 25 that we have lay this aside for one day. 4931 1 SENATOR GOLD: Mr. President. 2 ACTING PRESIDENT KUHL: Senator 3 Gold, why do you rise? 4 SENATOR GOLD: Well, I think - 5 I'd like it laid aside because it's an important 6 bill, Senator Marchi, and I see words like 7 "Business Corporation Law" and it would give me 8 an opportunity to talk to people who really 9 understand this stuff, I mean people like Helen 10 Sears or Trudy LeForger, who's the -- from 11 Queens, or Dolly Thomas, who's from Queens and a 12 very active businesswoman, and I might even be 13 able to talk to Appi Onorato, so we're lucky 14 that these four ladies are in Albany today 15 because this bill happens to be here, and if it 16 wasn't for this bill and my wasting a few 17 minutes here, I couldn't introduce the fact that 18 they are here, so thank you, Senator Marchi, and 19 thank you, Mr. President, for your indulgence, 20 and maybe you could welcome these lovely ladies 21 to the chamber. 22 ACTING PRESIDENT KUHL: Senator 23 Stachowski. 24 SENATOR STACHOWSKI: Will Senator 25 Gold yield for a question, please? 4932 1 SENATOR GOLD: If it's an easy 2 one. 3 SENATOR STACHOWSKI: Do you think 4 Appi Onorato is here for this bill or do you 5 think she's here because Senator Onorato is 6 being honored at the Italian-American 7 legislators function this evening? 8 SENATOR GOLD: Probably the bill, 9 but I think she'll come to the dinner anyway; is 10 that right? 11 ACTING PRESIDENT KUHL: Any other 12 Senator wishing to speak on the bill? Secretary 13 will read the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary began calling the 19 roll.) 20 SENATOR STACHOWSKI: Senator 21 asked if the bill would be laid aside for the 22 day. 23 SENATOR MARCHI: I had requested 24 that the bill be laid aside simply because I had 25 received a letter on Thursday of this -- of last 4933 1 week, and I have not -- and it's a thoughtful 2 expression of a group that has made an analysis 3 and offered some additional information on the 4 bill. 5 ACTING PRESIDENT KUHL: At your 6 request, Senator Marchi - 7 SENATOR MARCHI: But otherwise - 8 ACTING PRESIDENT KUHL: At your 9 request, Senator Marchi, we'll lay the bill 10 aside for the day. 11 SENATOR MARCHI: And I would 12 suggest that we lay this aside for one day. 13 ACTING PRESIDENT KUHL: Senator 14 Holland, that concludes the controversial 15 calendar. 16 SENATOR HOLLAND: Mr. President, 17 may we return to reports of standing 18 committees. I believe there is a report of the 19 Rules Committee at the desk. 20 ACTING PRESIDENT KUHL: There 21 is. We'll return to the general order of 22 motions -- or, excuse me, to reports of standing 23 committees, ask the Secretary to read the report 24 of the Rules Committee. 25 THE SECRETARY: Senator Bruno, 4934 1 from the Committee on Rules, reports the 2 following bills: 3 Senate Print 1142, by Senator 4 Saland, an act to amend the State Finance Law; 5 1488, by Senator Trunzo, an act 6 to amend the Public Health Law; 7 1681-A, by Senator Farley, an act 8 to amend the Vehicle and Traffic Law; 9 1828, by Senator Kuhl, an act to 10 amend the Judiciary Law; 11 2244, by Senator Kuhl, an act to 12 amend the Environmental Conservation Law and the 13 Town Law; 14 2621, by Senator Lachman, an act 15 to amend the Vehicle and Traffic Law; 16 2906, by Senator Stavisky, an act 17 to amend the Penal Law; 18 3113, by Senator Bruno, an act in 19 relation to authorizing; 20 3211, by Senator Kuhl, an act to 21 amend the Correction Law; 22 3414-A, by Senator Saland, an act 23 to amend the Judiciary Law and the Uniform City 24 Court Act; 25 3472, by Senator Marchi, an act 4935 1 to amend the Social Services Law; 2 3654, by Senator Skelos, an act 3 to amend the Retirement and Social Security Law; 4 3924, by Senator Nozzolio, an act 5 to amend the Penal Law; 6 4170, by Senator Onorato, an act 7 authorizing the city of New York to reconvey its 8 interest; 9 4405, by Senator Rath, an act 10 authorizing the implementation; 11 4424, by Senator LaValle, an act 12 legalizing, validating ratifying and confirming; 13 4697-A, by Senator Nozzolio, an 14 act to amend the Vehicle and Traffic Law; 15 4885, by Senator Kuhl, an act to 16 permit the re-opening; 17 4917, by Senator Nozzolio, an act 18 to amend the Civil Practice Law and Rules and 19 the Court of Claims Act; 20 5015, by Senator Volker, an act 21 to amend the Executive Law; 22 5035, by Senator Hannon, an act 23 to amend Chapter 602 of the Laws of 1982; 24 5139, by Senator LaValle, an act 25 to amend the Public Officers Law; 4936 1 5199, by Senator Tully, an act to 2 amend the Penal Law and the Criminal Procedure 3 Law; 4 5254, by Senator Bruno, an act to 5 amend Chapter 987 of the Laws of 1971; 6 5349, by Senator Stafford, an act 7 to amend the Lien Law; 8 5369, by Senator Marcellino, an 9 act to amend Chapter 600 of the Laws of 1993; 10 5379, by Senator Libous, an act 11 to amend the Tax Law; 12 5394, by Senator Skelos, an act 13 to amend the Estates, Powers and Trusts Law. 14 All bills ordered direct for 15 third reading. 16 ACTING PRESIDENT KUHL: Senator 17 Holland. 18 SENATOR HOLLAND: Move we accept 19 the report of the Rules Committee. 20 ACTING PRESIDENT KUHL: Motion to 21 accept the report of the Rules Committee. All 22 those in favor signify by saying aye. 23 (Response of "Aye.") 24 Opposed nay. 25 (There was no response.) 4937 1 The Rules report is accepted. 2 Senator Holland. 3 SENATOR HOLLAND: Any house 4 keeping at the desk, Mr. President? 5 ACTING PRESIDENT KUHL: No. 6 SENATOR HOLLAND: Then I move - 7 there being no further business, I move we 8 adjourn until Tuesday, June the 10th, at 10:00 9 a.m. 10 ACTING PRESIDENT KUHL: Without 11 objection -- Senator Stavisky, why do you rise? 12 SENATOR STAVISKY: On Senate 13 1050, may I be recorded in the negative. 14 ACTING PRESIDENT KUHL: Without 15 objection -- oh, that bill was not taken up, 16 Senator Stavisky. 17 SENATOR STAVISKY: Oh, sorry. 18 ACTING PRESIDENT KUHL: O.K.? Any 19 other requests by any other Senator? Hearing 20 none, without objection, the Senate stands 21 adjourned until tomorrow, June 10th, note the 22 time change, 10:00 a.m., tomorrow, Tuesday, June 23 10th, 10:00 a.m. 24 (Whereupon, at 4:21 p.m., the 25 Senate adjourned.)