Regular Session - April 26, 1993

                                                                 
2678

         1

         2

         3

         4

         5

         6

         7

         8

         9                       ALBANY, NEW YORK

        10                         April 26, 1993

        11                           2:57 p.m.

        12

        13

        14                       REGULAR SESSION

        15

        16

        17

        18       SENATOR JOHN R. KUHL, JR., Acting President

        19       STEPHEN F. SLOAN, Secretary

        20

        21

        22

        23











                                                             
2679

         1                      P R O C E E D I N G S

         2                      ACTING PRESIDENT KUHL:  Senate

         3       will come to order.  Senators please take their

         4       seats.

         5                      If you will all rise for the

         6       Pledge of Allegiance.

         7                      (Whereupon, the Senate joined in

         8       the Pledge of Allegiance to the Flag. )

         9                      In that there is no visiting

        10       rector today, we will take a moment of silence.

        11                      (Whereupon, there was a moment of

        12       silence. )

        13                      Reading of the Journal.

        14                      THE SECRETARY:  In Senate,

        15       Sunday, April 25.  The Senate met pursuant to

        16       adjournment.  Senator Bruno in the chair upon

        17       designation of the Temporary President.  The

        18       Journal of Saturday, April 24, was read and

        19       approved.  On motion, Senate adjourned.

        20                      ACTING PRESIDENT KUHL:  Hearing

        21       no objection, the Journal stands approved as

        22       read.

        23                      The order of business:











                                                             
2680

         1                      Presentation of petitions.

         2                      Messages from the Assembly.

         3                      Messages from the Governor.

         4                      Reports of standing committees.

         5                      Reports of select committees.

         6                      Communications and reports from

         7       state officers.

         8                      Motions and resolutions.

         9                      Clerk will read substitutions.

        10                      THE SECRETARY:  On page 10 of

        11       today's calendar, Senator Seward moves to

        12       discharge the Committee on Energy from Assembly

        13       Bill Number 562 and substitute it for the

        14       identical Calendar Number 446.

        15                      ACTING PRESIDENT KUHL:  Without

        16       objection, substitutions are ordered.

        17                      Senator Present.

        18                      SENATOR PRESENT:  Will you

        19       recognize Senator Larkin, please.

        20                      ACTING PRESIDENT KUHL:  Senator

        21       Larkin.

        22                      SENATOR LARKIN:  Mr. President.

        23       There will be an immediate meeting of Local











                                                             
2681

         1       Government Committee in Majority Leader's

         2       Conference Room 332.

         3                      ACTING PRESIDENT KUHL:  There

         4       will be an immediate meeting of Local

         5       Governments Committee in Room 332, Senate

         6       Majority Conference Room.

         7                      SENATOR PRESENT:  Mr. President.

         8                      ACTING PRESIDENT KUHL:  Senator

         9       Present.

        10                      SENATOR PRESENT:  Take up the

        11       non-controversial calendar.

        12                      ACTING PRESIDENT KUHL:  Clerk

        13       will read the non-controversial calendar.

        14                      THE SECRETARY:  On page 14,

        15       Calendar Number 106, by Senator Padavan, Senate

        16       Bill Number 1208A, an act to amend the State

        17       Finance Law and the General Municipal Law, in

        18       relation to the authority of the state agencies.

        19                      ACTING PRESIDENT KUHL:  Read the

        20       last section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT KUHL:  Call the











                                                             
2682

         1       roll.

         2                      (The Secretary called the roll. )

         3                      ACTING PRESIDENT KUHL:  Announce

         4       the vote.

         5                      THE SECRETARY:  Ayes 32.

         6                      ACTING PRESIDENT KUHL:  The bill

         7       is passed.

         8                      THE SECRETARY:  Calendar Number

         9       128, by member of the Assembly Friedman,

        10       Assembly Bill Number 2127.

        11                      SENATOR PRESENT:  Lay it aside.

        12                      ACTING PRESIDENT KUHL:  Lay the

        13       bill aside.

        14                      THE SECRETARY:  Calendar Number

        15       132, by Senator Mega, Senate Bill Number 1938,

        16       an act to amend the Judiciary Law, the

        17       Not-For-Profit Corporation Law and the Public

        18       Officers Law.

        19                      ACTING PRESIDENT KUHL:  Read the

        20       last section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT KUHL:  Call the











                                                             
2683

         1       roll.

         2                      (The Secretary called the roll. )

         3                      THE SECRETARY:  Ayes 34.

         4                      ACTING PRESIDENT KUHL:  The bill

         5       is passed.

         6                      THE SECRETARY:  Calendar Number

         7       178, by Senator Sears, Senate Bill Number 1129.

         8                      SENATOR GOLD:  Can we have one

         9       day on this.

        10                      SENATOR PRESENT:  Lay it aside.

        11                      ACTING PRESIDENT KUHL:  Lay the

        12       bill aside.

        13                      THE SECRETARY:  Calendar Number

        14       291, by Senator Padavan, Senate Bill Number

        15       25 -

        16                      SENATOR GOLD:  Lay it aside.

        17                      ACTING PRESIDENT KUHL:  Lay the

        18       bill aside.

        19                      THE SECRETARY:  Calendar number

        20       324, by Senator Holland.

        21                      SENATOR PRESENT:  Lay it aside,

        22       please.

        23                      ACTING PRESIDENT KUHL:  Lay that











                                                             
2684

         1       bill aside.

         2                      THE SECRETARY:  Calendar Number

         3       339, by Senator Sears, Senate Bill Number 3452A,

         4       an act to amend the Agriculture and Markets Law,

         5       in relation to manufacturer's information.

         6                      ACTING PRESIDENT KUHL:  Read the

         7       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 35, nays 1.

        14       Senator Kuhl recorded in the negative.

        15                      ACTING PRESIDENT KUHL:  The bill

        16       is passed.

        17                      THE SECRETARY:  Calendar Number

        18       341, by Senator Lack, Senate Bill Number 3389,

        19       an act to amend the Workers' Compensation Law,

        20       in relation to teaching activities of referees.

        21                      ACTING PRESIDENT KUHL:  Read the

        22       last section.

        23                      THE SECRETARY:  Section 2.  This











                                                             
2685

         1       act shall take effect immediately.

         2                      ACTING PRESIDENT KUHL:  Call the

         3       roll.

         4                      (The Secretary called the roll. )

         5                      THE SECRETARY:  Ayes 36.

         6                      ACTING PRESIDENT KUHL:  The bill

         7       is passed.

         8                      THE SECRETARY:  Calendar Number

         9       369, by Senator Farley, Senate Bill Number 2424,

        10       an act to amend the Banking Law, Estate, Powers

        11       and Trusts Law.

        12                      ACTING PRESIDENT KUHL:  Read the

        13       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 36.

        20                      ACTING PRESIDENT KUHL:  The bill

        21       is passed.

        22                      THE SECRETARY:  Calendar Number

        23       373, by Senator Velella, Senate Bill Number











                                                             
2686

         1       1579, an act to amend the Vehicle and Traffic

         2       Law and the Criminal Procedure Law.

         3                      SENATOR GOLD:  Lay it aside.

         4                      ACTING PRESIDENT KUHL:  Lay the

         5       bill aside.

         6                      THE SECRETARY:  Calendar Number

         7       417, by Senator Cook, Senate Bill Number 2274,

         8       an act to grant permanent competitive Civil

         9       Service status.

        10                      ACTING PRESIDENT KUHL:  There is

        11       a home rule message at the desk.

        12                      Read 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 36.  Excuse

        19       me.  Ayes 35, nays 1.  Senator Gold recorded in

        20       the negative.

        21                      ACTING PRESIDENT KUHL:  The bill

        22       is passed.

        23                      THE SECRETARY:  Calendar Number











                                                             
2687

         1       418, by Senator Trunzo, Senate Bill Number 3518,

         2       an act to amend the Education Law, in relation

         3       to World War II military service credit.

         4                      ACTING PRESIDENT KUHL:  Read the

         5       last section.

         6                      THE SECRETARY:  Section 2.  This

         7       act shall take effect immediately.

         8                      ACTING PRESIDENT KUHL:  Call the

         9       roll.

        10                      (The Secretary called the roll. )

        11                      THE SECRETARY:  Ayes 38.

        12                      ACTING PRESIDENT KUHL:  The bill

        13       is passed.

        14                      THE SECRETARY:  Calendar Number

        15       419, by Senator Trunzo, Senate Bill Number 3523,

        16       an act to amend the Education Law, in relation

        17       to disability retirements.

        18                      ACTING PRESIDENT KUHL:  Read the

        19       last section.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect immediately.

        22                      ACTING PRESIDENT KUHL:  Call the

        23       roll.











                                                             
2688

         1                      (The Secretary called the roll. )

         2                      THE SECRETARY:  Ayes 38.

         3                      ACTING PRESIDENT KUHL:  The bill

         4       is passed.

         5                      SENATOR DALY:  Mr. President.

         6                      ACTING PRESIDENT KUHL:  Senator

         7       Daly.

         8                      SENATOR DALY:  Could I be

         9       registered voting in the negative on Senate Bill

        10       3452, Calendar 339?

        11                      ACTING PRESIDENT KUHL:  Without

        12       objection.

        13                      SENATOR VOLKER:  Mr. President.

        14                      ACTING PRESIDENT KUHL:  Senator

        15       Volker.

        16                      SENATOR VOLKER:  Mr. President.

        17       Can I go to motions and resolutions, please?

        18                      On behalf of Senator Sears, on

        19       page 16, Calendar Number 178, Senate Print 1129,

        20       would you please star that bill, please.

        21                      ACTING PRESIDENT KUHL:  The bill

        22       is starred.

        23                      THE SECRETARY:  Calendar Number











                                                             
2689

         1       4 -

         2                      SENATOR SALAND:  Mr. President.

         3                      ACTING PRESIDENT KUHL:  Senator

         4       Saland.

         5                      SENATOR SALAND:  Under

         6       housekeeping, if I may?

         7                      ACTING PRESIDENT KUHL:  Senator

         8       Saland, we've got one more bill on the

         9       non-controversial calendar.  Can we do that

        10       first -

        11                      SENATOR SALAND:  Sure.

        12                      ACTING PRESIDENT KUHL:  -- and

        13       then we'll go back to motions and resolutions.

        14       Thank you.

        15                      THE SECRETARY:  Calendar Number

        16       464, by Senator Nozzolio.

        17                      SENATOR GOLD:  Lay it aside.

        18                      ACTING PRESIDENT KUHL:  The bill

        19       is laid aside.

        20                      Senator Saland, motions and

        21       resolutions?

        22                      SENATOR SALAND:  Mr. President.

        23       On behalf of Senator Holland, on page 19,











                                                             
2690

         1       Calendar 324, would you please place a sponsor

         2       star on that.

         3                      ACTING PRESIDENT KUHL:  Calendar

         4       Number 324, a sponsor's star.

         5                      Senator Present.  That completes

         6       the non-controversial calendar, sir.  What is

         7       your pleasure?

         8                      SENATOR PRESENT:  Mr. President.

         9       Let's take up the controversial calendar,

        10       please.

        11                      ACTING PRESIDENT KUHL:

        12       Controversial calendar.  Clerk will read.

        13                      THE SECRETARY:  On page 14,

        14       Calendar Number -

        15                      SENATOR PRESENT:  Lay it aside.

        16                      ACTING PRESIDENT KUHL:  Calendar

        17       Number 128 is laid aside.

        18                      THE SECRETARY:  On page 17,

        19       Calendar Number 291, by Senator Padavan, Senate

        20       Bill Number 2516A, New York City charter.

        21                      SENATOR GOLD:  Hold on one

        22       second.

        23                      ACTING PRESIDENT KUHL:  Home rule











                                                             
2691

         1       message is at the desk.

         2                      SENATOR GOLD:  Last section.

         3                      ACTING PRESIDENT KUHL:  Read the

         4       last section.

         5                      THE SECRETARY:  Section 2.  This

         6       act shall take effect immediately.

         7                      ACTING PRESIDENT KUHL:  Call the

         8       roll.

         9                      (The Secretary called the roll. )

        10                      THE SECRETARY:  Ayes 38.

        11                      ACTING PRESIDENT KUHL:  The bill

        12       is passed.

        13                      THE SECRETARY:  Calendar Number

        14       373, by Senator Velella, Senate Bill Number

        15       1579, an act to amend the Vehicle and Traffic

        16       Law and the Criminal Procedure Law.

        17                      ACTING PRESIDENT KUHL:  Read the

        18       last section.

        19                      THE SECRETARY:  Section 2.  This

        20       act shall take effect immediately.

        21                      ACTING PRESIDENT KUHL:  Call the

        22       roll.

        23                      (The Secretary called the roll. )











                                                             
2692

         1                      THE SECRETARY:  Ayes 38.

         2                      ACTING PRESIDENT KUHL:  The bill

         3       is passed.

         4                      SENATOR PRESENT:  Mr. President.

         5                      ACTING PRESIDENT KUHL:  Senator

         6       Present.

         7                      SENATOR PRESENT:  Would you

         8       recognize Senator Johnson, please.

         9                      ACTING PRESIDENT KUHL:  Senator

        10       Johnson.

        11                      SENATOR JOHNSON:  Mr. President.

        12       I have a privileged resolution honoring Dorothy

        13       Pezzoli.  I would like to have it called up and

        14       acted upon at this time.

        15                      ACTING PRESIDENT KUHL:  Ask the

        16       clerk to read the title.

        17                      THE SECRETARY:  Legislative

        18       Resolution by Senator Johnson, honoring Dorothy

        19       A. Pezzoli, Clinical Nurse Specialist at the

        20       Newport V.A. Medical Center, upon the occasion

        21       of her designation as recipient of the 1993 New

        22       York State Legislature's Nurse of Distinction

        23       Award.











                                                             
2693

         1                      SENATOR JOHNSON:  I would like to

         2       have it acted upon at this time, Mr. President.

         3                      ACTING PRESIDENT KUHL:  Senator

         4       Johnson.

         5                      SENATOR JOHNSON:  I ask that it

         6       be acted upon at this time.

         7                      ACTING PRESIDENT KUHL:  The

         8       question is on the resolution.  All those in

         9       favor, signify by saying aye.

        10                      (Response of "Aye.")

        11                      Opposed, nay.

        12                      (There was no response. )

        13                      The ayes have it.  The resolution

        14       is adopted.

        15                      Clerk will continue to read the

        16       controversial calendar.

        17                      THE SECRETARY:  Calendar Number

        18       464, by Senator Nozzolio, Senate Bill Number

        19       4195A, an act to amend the Election Law, in

        20       relation to requiring the disclosure of receipts

        21       and expenditures of persons seeking appointment

        22       to a vacancy.

        23                      ACTING PRESIDENT KUHL:  Senator











                                                             
2694

         1       Gold.

         2                      SENATOR GOLD:  Yes.  Will Senator

         3       yield to a question?

         4                      ACTING PRESIDENT KUHL:  Yes.

         5       Senator Nozzolio, do you yield?

         6                      SENATOR NOZZOLIO:  Yes, Mr.

         7       President.

         8                      ACTING PRESIDENT KUHL:  He does.

         9                      SENATOR GOLD:  Senator, it's my

        10       understanding that a similar bill, similar in

        11       that it deals with the same subject matter and

        12       some of the terms are similar, has already

        13       passed the Assembly.  Am I correct, sir?

        14                      SENATOR NOZZOLIO:  No, you're

        15       incorrect, Mr. Gold.

        16                      SENATOR GOLD:  All right.  Are

        17       you aware of any bills dealing with this sub -

        18       I withdraw it.

        19                      Mr. President.

        20                      ACTING PRESIDENT KUHL:  Senator

        21       Gold.

        22                      SENATOR GOLD:  I would like to

        23       enlighten Senator Nozzolio.  Because it's my











                                                             
2695

         1       understanding that there is one that has

         2       passed.  We are also having an amendment

         3       prepared at the present time, and Bill Drafting

         4       has not turned it out yet.

         5                      I don't know what procedures you

         6       want to use.  I don't want to stand and talk for

         7       five or ten minutes.  We can either wait for it,

         8       or put this over until tomorrow, whatever the

         9       pleasure is of the Majority.

        10                      SENATOR NOZZOLIO:  Mr. Gold.  Mr.

        11       President.

        12                      SENATOR GOLD:  Excuse me, sir?

        13                      SENATOR NOZZOLIO:  Mr.

        14       President.

        15                      ACTING PRESIDENT KUHL:  Senator

        16       Gold.  Senator Nozzolio.

        17                      SENATOR NOZZOLIO:  Will Mr. Gold

        18       yield?

        19                      SENATOR GOLD:  Pardon me?

        20                      SENATOR NOZZOLIO:  Will you

        21       yield?

        22                      SENATOR GOLD:  Be my pleasure,

        23       sir.











                                                             
2696

         1                      SENATOR NOZZOLIO:  Senator, my

         2       comment to your question was whether or not -

         3       if I can recount your question, whether or not a

         4       bill had passed in similar fashion or similar

         5       form to this one in the Assembly.  A bill did

         6       pass the Assembly, but it is not similar in the

         7       sense that there are no contribution limits

         8       established in the Assembly bill as there are in

         9       the one before us today.

        10                      SENATOR GOLD:  All right.  Well,

        11       Mr. President.  I'm glad Senator Nozzolio was

        12       gracious enough to make that clarification.  I

        13       don't play games.  I didn't say exact bill.  I

        14       said similar in that it deals with the subject

        15       matter.

        16                      The point is, Senator, that we've

        17       asked Bill Drafting to basically take the

        18       Assembly bill.  I would like to offer that as a

        19       substitution.  Then we could actually wind up

        20       with a law, and I'm told that it is not yet

        21       concluded from Bill Drafting.

        22                      SENATOR NOZZOLIO:  Senator Gold.

        23                      ACTING PRESIDENT KUHL:  Senator











                                                             
2697

         1       Nozzolio.

         2                      SENATOR NOZZOLIO:  Mr.

         3       President.  I have no objections to Senator

         4       Gold's request of laying aside the bill

         5       temporarily but would like to have it concluded

         6       today.

         7                      SENATOR GOLD:  Senator, I really

         8       don't have a problem, either.  I'm told that it

         9       will be out of Bill Drafting in 9 minutes and

        10       38-1/2 seconds, so whatever.

        11                      Is that the last order of

        12       business we have?

        13                      So I understand there is a

        14       committee report.  I don't anticipate a long

        15       debate after that.  I don't anticipate slow roll

        16       calls because I assume that if the house goes

        17       along with my amendment we will have to lay it

        18       aside for reprinting anyway.  So if you want to

        19       stand at ease or whatever you want to do.

        20                      SENATOR PRESENT:  At ease.

        21                      SENATOR NOZZOLIO:  Thank you, Mr.

        22       Gold -- Senator.

        23                      Mr. President.  Lay aside this











                                                             
2698

         1       bill temporarily, please.

         2                      SENATOR HOLLAND:  Mr. President.

         3                      ACTING PRESIDENT KUHL:  Senator

         4       Holland, why do you rise?

         5                      SENATOR HOLLAND:  With unanimous

         6       consent, I would like to be recorded in the

         7       negative on Calendar 132, please.

         8                      ACTING PRESIDENT KUHL:  If there

         9       are no objections, Senator Holland will be

        10       recorded in the negative on Calendar Number 132.

        11                      Senator Spano.

        12                      SENATOR SPANO:  Mr. President.

        13       I'd also like to be recorded in the negative on

        14       Calendar 132.

        15                      ACTING PRESIDENT KUHL:  Senator

        16       Spano, without objection, recorded in the

        17       negative on Calendar Number 132.

        18                      SENATOR SOLOMON:  Mr. President.

        19                      ACTING PRESIDENT KUHL:  Senator

        20       Solomon, why do you rise?

        21                      SENATOR SOLOMON:  I'd like to be

        22       recorded in the negative on Calendar 132.

        23                      ACTING PRESIDENT KUHL:  Without











                                                             
2699

         1       objection, Senator Solomon will be recorded in

         2       the negative on Calendar Number 132.

         3                      Senator Present, how do you wish

         4       to proceed?

         5                      SENATOR PRESENT:  Mr. President.

         6       Let us stand at ease and await the report of the

         7       Local Governments Committee.

         8                      ACTING PRESIDENT KUHL:  The

         9       Senate will stand at ease and await the report

        10       of the Local Governments Committee.

        11                      (Whereupon, at 3:14 p.m., the

        12       Senate was at ease. )

        13                      (Whereupon, at 3:30 p.m., the

        14       Senate reconvened. )

        15                      ACTING PRESIDENT KUHL:  Senate

        16       will come to order.  Senators and staff please

        17       take your seats.

        18                      I would like to return to reports

        19       of standing committees, report of Local

        20       Governments Committee.

        21                      Clerk will read.

        22                      THE SECRETARY:  Senator Larkin,

        23       from the Committee on Local Government, reports











                                                             
2700

         1       the following bill directly for third reading:

         2                      Senate Bill Number 4597, by

         3       Senators Larkin and Levy, an act to amend the

         4       Real Property Tax Law and the Transportation

         5       Law, in relation to railroad real property.

         6                      Reported directly for third

         7       reading.

         8                      ACTING PRESIDENT KUHL:  Without

         9       objection, the bills are reported third reading,

        10       tomorrow's calendar.

        11                      Senator Present.

        12                      SENATOR PRESENT:  Mr. President.

        13       Will you take up Calendar 464, and would you

        14       recognize Senator Nozzolio, please.

        15                      ACTING PRESIDENT KUHL:  Clerk

        16       will read Calendar 464.

        17                      THE SECRETARY:  Calendar Number

        18       464, by Senator Nozzolio, Senate Bill Number

        19       4195A, an act to amend the Election Law, in

        20       relation to requiring disclosure of receipts and

        21       expenditures of persons seeking appointment to a

        22       vacancy in any elected public office.

        23                      ACTING PRESIDENT KUHL:  Senator











                                                             
2701

         1       Nozzolio.

         2                      SENATOR NOZZOLIO:  Yes, Mr.

         3       President.  I ask permission to explain the

         4       bill.

         5                      ACTING PRESIDENT KUHL:  Please

         6       proceed.

         7                      SENATOR NOZZOLIO:  Thank you.

         8       Mr. President and my colleagues.  With the

         9       resignation of Comptroller Regan, we are faced

        10       with the prospect because of our state

        11       Constitution with an election of a Comptroller,

        12       an election to be held by an electorate not of

        13       those citizens in this state in the direct

        14       election in the ballot box but by a different

        15       process, that of the Legislature deciding who

        16       the next Comptroller will be.

        17                      Our bill requires that special

        18       candidates in this special circumstance conform

        19       to the contribution and disclosure requirements

        20       as other candidates who have to go through that

        21       same elective process must do, also.

        22                      Currently, because of a loophole

        23       in the law, candidates for the office of











                                                             
2702

         1       Comptroller can secretly raise enormous sums of

         2       money and can use it any way they choose without

         3       any requirement that they be compelled to

         4       disclose where they obtained that money or what

         5       they are spending that money on.

         6                      Candidates are raising huge sums

         7       of money, using it for a variety of reasons as

         8       reported in the New York Times today.  Some are

         9       even contributing to the election campaigns of

        10       candidates, of legislators, who are designed to

        11       actually choose and vote on the Comptroller next

        12       week; that our bill is designed to close this

        13       loophole, to put to rest and to allow the public

        14       to have full access as to what monies are being

        15       raised, how much is being raised, and what that

        16       money is being spent on.

        17                      Without these limits, without the

        18       bill that is before us today, Comptroller

        19       candidates will be allowed through the loophole

        20       that exists in the law to stockpile their war

        21       chests for the 1994 general election, giving

        22       them an unfair advantage.  For example, some

        23       candidates have raised high into the six











                                                             
2703

         1       figures.  Those limits that exist in law for

         2       those candidates declaring their candidacy after

         3       the selection takes place, in effect, will be

         4       significantly hampered.  Thus we're asking for

         5       disclosure.  We're asking for meaningful

         6       contribution limits, and that's what this bill

         7       is designed to do.

         8                      SENATOR GOLD:  Mr. President.

         9                      ACTING PRESIDENT KUHL:  Senator

        10       Gold, why do you rise?

        11                      SENATOR GOLD:  It seemed like a

        12       good idea.  Is the gentleman concluded?  Have

        13       you concluded your remarks?

        14                      SENATOR NOZZOLIO:  Yes.

        15                      SENATOR GOLD:  Mr. President.

        16                      ACTING PRESIDENT KUHL:  Senator

        17       Gold on the bill.

        18                      SENATOR GOLD:  Yes.  I want to

        19       offer the following amendment which has been

        20       served, ask for the opportunity to briefly

        21       explain it, waive its reading and go from

        22       there.

        23                      ACTING PRESIDENT KUHL:  Proceed.











                                                             
2704

         1                      SENATOR GOLD:  Mr. President.

         2       This can be really very brief.  There is no

         3       argument between the Democratic Party and the

         4       Republican Party as to whether or not there

         5       should be disclosure by the candidates.  That's

         6       really not a problem.

         7                      And as far as the issue of there

         8       being a different kind of process, I would just

         9       remind Senator Nozzolio and everyone else this

        10       is a constitutional process, so it's not like we

        11       got caught in some kind of a bind.  Our

        12       forefathers created a Constitution, and this is

        13       the process.

        14                      The only difference really, I

        15       think, between the two bills is that there is an

        16       attempt in this bill, the one before us now, to

        17       somehow inhibit the election process which will

        18       take place -- what is it, next year? -- when the

        19       next election comes up for Comptroller by

        20       putting some kind of a formula in place which

        21       would account for monies being spent in this

        22       particular type of an election this year.

        23                      Whereas, the bill I'm offering











                                                             
2705

         1       has already passed the Assembly, by the way, and

         2       could be the law instantaneously, does not do

         3       that, and that's what it is about.

         4                      There is right now competition

         5       for the Comptroller's seat.  There should be,

         6       and that is an election, and at some future

         7       point in time, whoever is elected may or may not

         8       run for reelection.  There will be other

         9       candidates who may or may not run for

        10       reelection.  And to start channeling money from

        11       one to another -- or, excuse me, not channeling

        12       but counting money spent on one election against

        13       another is something we don't do to ourselves.

        14                      There are people in this house

        15       who run for office and run for reelection, and

        16       there is no bill that I've seen that says, well,

        17       if you spent so much money this year, two years

        18       from now we're going to cancel it off.  I mean

        19       one election is one election, and the next

        20       election is the next election.

        21                      That's all my bill does.

        22       Otherwise, the disclosure portions are

        23       identical, and there is no argument between











                                                             
2706

         1       Senator Nozzolio and I and the Speaker of the

         2       Assembly as to whether or not there should be

         3       disclosure.  Everybody is in agreement on that

         4       issue.

         5                      So I would offer this amendment

         6       and hope that it passes and we can have one law.

         7                      SENATOR NOZZOLIO:  Mr. President.

         8                      ACTING PRESIDENT KUHL:  Senator

         9       Nozzolio.

        10                      SENATOR NOZZOLIO:  Mr. President,

        11       on the amendment.

        12                      ACTING PRESIDENT KUHL:  On the

        13       amendment.

        14                      SENATOR NOZZOLIO:  Mr. President

        15       and my colleagues.  The amendment has what I

        16       view as a fatal flaw.  It takes a step backwards

        17       in terms of the expenditure limitations.  That,

        18       in effect, this bill will allow those candidates

        19       seeking the office of Comptroller now to double

        20       the amount of contribution limit that they can

        21       receive.  That is not Election Law reform.

        22       Election Law reform is not to allow candidates

        23       seeking office today to spend twice as much than











                                                             
2707

         1       they would be allowed to do during an election

         2       cycle.  That I believe the Minority's amendment

         3       steps backwards in terms of seeking Election Law

         4       reform and expenditure contribution limits, and

         5       that's why I oppose the amendment.

         6                      SENATOR GOLD:  Party vote.

         7                      ACTING PRESIDENT KUHL:  On the

         8       question of the amendment.  All those in favor,

         9       signify by saying aye.

        10                      SENATOR PRESENT:  Party vote in

        11       the negative.

        12                      ACTING PRESIDENT KUHL:  Party

        13       vote in the affirmative; party vote in the

        14       negative.

        15                      The nays have it.  The amendment

        16       is defeated.

        17                      We will have to back step.  Call

        18       the roll, first.

        19                      (The Secretary called the roll. )

        20                      THE SECRETARY:  Ayes 19, nays

        21       33.  Party vote.

        22                      ACTING PRESIDENT KUHL:  The

        23       amendment is defeated.  On the bill.











                                                             
2708

         1                      SENATOR GOLD:  Last section.

         2                      ACTING PRESIDENT KUHL:  Read the

         3       last section.

         4                      THE SECRETARY:  Section 8.  This

         5       act shall take effect immediately and shall

         6       apply to contributions made on or after February

         7       18, 1993.

         8                      ACTING PRESIDENT KUHL:  Call the

         9       roll.

        10                      (The Secretary called the roll. )

        11                      THE SECRETARY:  Ayes 50, nays 2.

        12       Senators Gold and Waldon recorded in the

        13       negative.

        14                      ACTING PRESIDENT KUHL:  The bill

        15       is passed.

        16                      Senator Present.

        17                      SENATOR PRESENT:  Mr. President.

        18       There being no further business, I move we

        19       adjourn until tomorrow at 3:00 p.m.

        20                      ACTING PRESIDENT KUHL:  Senate

        21       stands adjourned until tomorrow at 3:00 p.m.

        22                      (Whereupon, at 3:40 p.m., the

        23       Senate adjourned. )