Regular Session - June 9, 1997
4865
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9 ALBANY, NEW YORK
10 June 9, 1997
11 3:09 p.m.
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14 REGULAR SESSION
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18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
19 STEPHEN F. SLOAN, Secretary
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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.)