Wednesday, June 2, 1993

4327 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 2, 1993 11 3:47 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 4328 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: The 3 Senate will come to order. Senators will please 4 find their seats. Would you please rise for the 5 Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 Today we're pleased to have with 9 us the Reverend Peter G. Young, Pastor of the 10 Blessed Sacrament Church of Bolton Landing, New 11 York. 12 Father Young. 13 REVEREND PETER G. YOUNG: Thank 14 you. Let us pray. 15 Almighty and eternal God, may 16 Your grace enkindle in all of us a thanks for 17 the many who dedicate themselves to the cause of 18 helping those that are unfortunate people whom 19 poverty and misery reduce to a condition of life 20 unworthy of human beings. Arouse in the hearts 21 of all of those who worship You, Father, a 22 hunger and a thirst for charity and for love. 23 Grant, O Lord, peace in our days, peace to all 4329 1 families, peace to our country and peace among 2 all nations. Now and forever. Amen. 3 ACTING PRESIDENT FARLEY: Thank 4 you, Father. 5 The Secretary will begin by 6 reading the Journal. 7 THE SECRETARY: In Senate, 8 Tuesday, June 1st. The Senate met pursuant to 9 adjournment, Senator Farley in the Chair upon 10 designation of the Temporary President. The 11 Journal of Saturday, May 29th, was read and 12 approved. On motion, Senate adjourned. 13 ACTING PRESIDENT FARLEY: Hearing 14 no objection, the Journal will stand approved as 15 read. 16 The order of business: 17 Presentation of petitions. 18 Messages from the Governor. 19 Messages from the Assembly. 20 Reports of standing committees. 21 Reports of select committees. 22 Communications and reports from 23 state officers. 4330 1 Motions and resolutions. 2 SENATOR LACK: Mr. President. 3 ACTING PRESIDENT FARLEY: Senator 4 Lack. 5 SENATOR LACK: Mr. President, 6 would you please unstar Calendar 685. 7 ACTING PRESIDENT FARLEY: 685, 8 the star is removed at the request of the 9 sponsor. 10 SENATOR LACK: Thank you. 11 Senator Maltese. 12 SENATOR MALTESE: Mr. President, 13 on page number 24, I offer the following 14 amendments to Calendar Number 842, Senate Print 15 4112, and ask that said bill retain its place on 16 the Third Reading Calendar. 17 ACTING PRESIDENT FARLEY: Bill 18 will retain its place. The amendments are 19 received. 20 Senator Daly. 21 SENATOR DALY: Mr. President, 22 Calendar 651, on page number 15, I offer the 23 following amendments, Senate Print Number 4583, 4331 1 and ask that said bill retain its place on Third 2 Reading Calendar. 3 ACTING PRESIDENT FARLEY: 4 Amendments are received. Bill will retain its 5 place. 6 Senator Kuhl. 7 SENATOR DALY: Mr. President, if 8 I may - 9 ACTING PRESIDENT FARLEY: Oh, I'm 10 sorry. Senator Daly still has the floor. 11 SENATOR DALY: On behalf of 12 Senator Cook, I offer the following amendments 13 to Calendar 633, Senate Bill 3203, on page 37, 14 and I ask that said bill retain its place on the 15 Third Reading Calendar. 16 ACTING PRESIDENT FARLEY: Without 17 objection. 18 SENATOR DALY: Also on behalf of 19 Senator Cook, I offer the following amendments 20 to Calendar Number 630, Print Number 2917, on 21 page 36, and ask that said bill retain its place 22 on the Third Reading Calendar. 23 ACTING PRESIDENT FARLEY: 4332 1 Amendments are received. The bill will retain 2 its place. 3 Now, Senator Kuhl. 4 SENATOR KUHL: Mr. President, I 5 wish to call up my bill Senate Bill 534, 6 recalled from the Assembly, which is now at the 7 desk. 8 ACTING PRESIDENT FARLEY: 9 Secretary will read Senator Kuhl's bill. 10 THE SECRETARY: By Senator Kuhl, 11 Senate Bill 534, an act to amend the Agriculture 12 and Markets Law. 13 SENATOR KUHL: I now move to 14 reconsider the vote by which the bill was 15 passed. 16 ACTING PRESIDENT FARLEY: Call 17 the roll on reconsideration. 18 (The Secretary called the roll on 19 reconsideration.) 20 THE SECRETARY: Ayes 32. 21 SENATOR KUHL: I offer up the 22 following amendments. 23 ACTING PRESIDENT FARLEY: 4333 1 Amendments received. Bill will retain its 2 place. 3 SENATOR KUHL: Thank you. 4 ACTING PRESIDENT FARLEY: Senator 5 Skelos. 6 SENATOR SKELOS: On behalf of 7 Senator Saland, on page number 19, I offer the 8 following amendments to Calendar 729, Print 9 Number 3105-A, and ask that said bill retain its 10 place on the Third Reading Calendar. 11 ACTING PRESIDENT FARLEY: Without 12 objection. 13 SENATOR SKELOS: On the starred 14 calendar, on page number 34, I offer the 15 following amendments to Calendar Number 186, 16 Senate Print Number 2000-A, and ask that said 17 bill retain its place on the Third Reading 18 Calendar. 19 ACTING PRESIDENT FARLEY: Without 20 objection. Is that it? 21 Senator Tully. 22 SENATOR TULLY: Mr. President, on 23 behalf of Senator Seward, I wish to call up his 4334 1 bill, Print Number 4021, recalled from the 2 Assembly which is now at the desk. 3 ACTING PRESIDENT FARLEY: 4 Secretary will read it. 5 THE SECRETARY: By Senator 6 Seward, Senate Bill Number 4021, an act to amend 7 the Tax Law. 8 SENATOR TULLY: Mr. President, I 9 now move to reconsider the vote by which this 10 bill was passed. 11 ACTING PRESIDENT FARLEY: 12 Secretary will call the roll on reconsider 13 ation. 14 (The Secretary called the roll on 15 reconsideration. ) 16 THE SECRETARY: Ayes 34. 17 ACTING PRESIDENT FARLEY: The 18 bill is before the house. Senator Tully. 19 SENATOR TULLY: Mr. President, I 20 now offer the following amendments. 21 ACTING PRESIDENT FARLEY: 22 Amendments are received. Bill will retain its 23 place. 4335 1 We have a substitution, Senator 2 Present; is that all right? Secretary will read 3 a substitution. 4 THE SECRETARY: On page 31 of 5 today's calendar, Senator Cook moves to 6 discharge the Committee on Rules from Assembly 7 Bill Number 7986-A, and substitute it for the 8 identical Third Reading 956. 9 ACTING PRESIDENT FARLEY: 10 Substitution is ordered. 11 Are there any other motions on 12 the floor? 13 Senator Present. 14 SENATOR PRESENT: Mr. President, 15 may I make one -- I move that we adopt the 16 Resolution Calendar. 17 ACTING PRESIDENT FARLEY: All in 18 favor of adopting the Resolution Calendar, say 19 aye. 20 (Response of "Aye.") 21 Those opposed nay. 22 (There was no response. ) 23 The Resolution Calendar is 4336 1 adopted. 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 let's stand at ease for a moment. 5 ACTING PRESIDENT FARLEY: The 6 Senate will stand at ease momentarily. 7 (The Senate stood at ease from 8 3:53 p.m. until 4:31 p.m.) 9 ACTING PRESIDENT FARLEY: Senate 10 will come to order. Senator Present, Senator 11 Holland has a motion. 12 SENATOR PRESENT: Well, recognize 13 Senator Holland, please. 14 ACTING PRESIDENT FARLEY: Senator 15 Holland. 16 SENATOR HOLLAND: Thank you, Mr. 17 President. 18 On page 35, I offer the following 19 amendments to Calendar 382, Senate Print 908, 20 and ask that said bill retain its place on the 21 Third Reading Calendar. 22 ACTING PRESIDENT FARLEY: Without 23 objection, the bill will retain its place on the 4337 1 Third Reading Calendar. 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 let's take up the non-controversial calendar. 5 ACTING PRESIDENT FARLEY: 6 Non-controversial, the Secretary will read. 7 THE SECRETARY: On page 4, 8 Calendar Number 62, by Senator Levy, Senate Bill 9 Number 80, an act in relation to requiring the 10 Commissioner of Transportation to conduct a 11 review of the transportation - 12 SENATOR GOLD: Lay aside. 13 ACTING PRESIDENT FARLEY: Laid 14 aside. 15 THE SECRETARY: Calendar Number 16 88, by Senator Maltese, Senate Bill Number 368 17 A, an act to amend the Real Property Tax Law. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: You can 23 call the roll. 4338 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 45. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 195, by Senator Spano, Senate Bill Number 7 1005-B, an act to amend the Mental Hygiene Law. 8 SENATOR GOLD: Lay aside, 9 please. 10 ACTING PRESIDENT FARLEY: Laid 11 aside. 12 THE SECRETARY: Calendar Number 13 434, by Senator LaValle, Senate Bill Number 14 3722-A, an act to amend the Education Law and 15 the State Finance Law. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 SENATOR JONES: Lay aside. 23 ACTING PRESIDENT FARLEY: I'm 4339 1 sorry. 2 SENATOR JONES: Lay aside, 3 please. 4 ACTING PRESIDENT FARLEY: Lay the 5 bill aside. 6 THE SECRETARY: Calendar Number 7 441, by Senator Holland, Senate Bill Number 464, 8 an act to amend the Social Services - 9 SENATOR GOLD: Lay aside for 10 Senator Waldon. 11 ACTING PRESIDENT FARLEY: Lay 12 that bill aside. 13 THE SECRETARY: Calendar Number 14 537, by Senator LaValle, Senate Bill Number 15 1432, an act to amend the General Municipal Law, 16 the Town Law and the Voluntary Ambulance 17 Workers' Benefit Law. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 4340 1 (The Secretary called the roll. ) 2 ACTING PRESIDENT FARLEY: Is that 3 736? 4 THE SECRETARY: 537. 5 ACTING PRESIDENT FARLEY: Senator 6 Jones. 7 SENATOR JONES: I would like 8 unanimous consent to abstain, please, on this 9 one. 10 ACTING PRESIDENT FARLEY: On 7 - 11 SENATOR JONES: 537. 12 ACTING PRESIDENT FARLEY: 537. I 13 lost my place here. 14 Senator Jones is abstaining on 15 537, without objection. 16 The bill is passed. Results. 17 I'm sorry. 18 THE SECRETARY: Ayes 46. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 736, by Senator LaValle, Senate Bill Number 23 401-A, an act to amend the Education Law. 4341 1 SENATOR GOLD: Lay it aside for 2 Senator Halperin. 3 ACTING PRESIDENT FARLEY: Lay it 4 aside. 5 THE SECRETARY: Calendar Number 6 853, by Senator Tully, Senate Bill Number 1243 7 A, an act to amend the Penal Law, in relation to 8 menacing in the first degree. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 47. 17 ACTING PRESIDENT FARLEY: That 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 880, by Senator Kuhl, Senate Bill Number 5221-A, 21 an act to amend the Agriculture and Markets 22 Law. 23 ACTING PRESIDENT FARLEY: You can 4342 1 read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FARLEY: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 47, nays 8 one, Senator Hoffmann recorded in the negative. 9 ACTING PRESIDENT FARLEY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 926, by Senator Volker, Senate Bill Number 379, 13 an act to amend the General Municipal Law, the 14 State Finance Law and the Public Authorities 15 Law. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 48. 4343 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 927, by Senator Farley, Senate Bill Number 1548, 5 permitting the establishment of the town of Day 6 Fire Protection District. 7 ACTING PRESIDENT FARLEY: There's 8 a home rule message here at the desk. You can 9 read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 48. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 928, by Senator Maltese, Senate Bill Number 20 1936, an act to amend the Court of Claims Act. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 4344 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 48. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 929, by Senator - 10 SENATOR GOLD: Lay aside. 11 ACTING PRESIDENT FARLEY: Lay 12 that bill aside. 13 THE SECRETARY: Calendar Number 14 930, by Senator Stafford, Senate Bill Number 15 2523, an act to amend the County Law. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 49. 4345 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 931, by Senator Present, Senate Bill Number 5 2683. 6 SENATOR GOLD: Lay aside. 7 ACTING PRESIDENT FARLEY: Lay 8 that bill aside. 9 THE SECRETARY: Calendar Number 10 932, by Senator Volker, Senate Bill Number 2696, 11 in relation to service credit members of the 12 public retirement system. 13 ACTING PRESIDENT FARLEY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FARLEY: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 51. 21 ACTING PRESIDENT FARLEY: That 22 bill is passed. 23 THE SECRETARY: Calendar Number 4346 1 9... Calendar Number 933, by Senator Trunzo, 2 Senate Bill Number 2961, amends Chapter 736 of 3 the Laws of 1975. 4 ACTING PRESIDENT FARLEY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT FARLEY: Call 9 the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 52. 12 ACTING PRESIDENT FARLEY: That 13 bill is passed. 14 Senator Leichter. 15 SENATOR LEICHTER: Yes. May I 16 have unanimous consent to be recorded in the 17 negative on 926. 18 ACTING PRESIDENT FARLEY: Without 19 objection. 20 THE SECRETARY: Calendar Number 21 934, by Senator Sheffer, Senate Bill Number 22 3009, an act to amend the Tax Law. 23 SENATOR GOLD: Lay it aside. 4347 1 ACTING PRESIDENT FARLEY: Lay 2 that bill aside. 3 THE SECRETARY: Calendar Number 4 935, by Senator Johnson, Senate Bill Number 5 3062, an act to amend - 6 SENATOR GOLD: Lay aside. 7 ACTING PRESIDENT FARLEY: Lay 8 aside. 9 THE SECRETARY: Calendar Number 10 936, by Senator Padavan, Senate Bill Number 11 3101, Alcoholic Beverage Control Law. 12 ACTING PRESIDENT FARLEY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: You can 17 call the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 52. 20 ACTING PRESIDENT FARLEY: That 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 937, by Senator Volker, Senate Bill Number 3129, 4348 1 an act to amend the Local Finance Law, in 2 relation to sale of bonds, city of Buffalo. 3 ACTING PRESIDENT FARLEY: There's 4 a home rule message here at the desk. You can 5 read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT FARLEY: Call 9 the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 52. 12 ACTING PRESIDENT FARLEY: That 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 938, by Senator Volker, Senate Bill Number 3130, 16 an act to amend the Local Finance Law, in 17 relation to the sale of municipal obligations. 18 ACTING PRESIDENT FARLEY: There's 19 a home rule message here at the desk. You can 20 read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 4349 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 52. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 956, substituted earlier today, by the Assembly 8 Committee on Rules, Assembly Bill Number 7986-A, 9 Delaware Valley Central School District to 10 transfer monies. 11 ACTING PRESIDENT FARLEY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 53. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 Senator Present, that's the first 22 time through. 23 Senator Kuhl, why do you rise? 4350 1 SENATOR KUHL: Yeah, Mr. 2 President. On behalf of Senator levy, would you 3 place a sponsor's star on Calendar Number 62, 4 Senate Print 80. 5 ACTING PRESIDENT FARLEY: 6 Calendar Number 62 is starred at the request of 7 the sponsor. 8 SENATOR KUHL: Thank you. 9 ACTING PRESIDENT FARLEY: Senator 10 Present. 11 SENATOR PRESENT: Mr. President, 12 let's take up the controversial calendar, 13 please. 14 ACTING PRESIDENT FARLEY: 15 Controversial. The Secretary will read. 16 THE SECRETARY: On page 6, 17 Calendar Number 195, by Senator Spano, Senate 18 Bill Number 1005-B, an act to amend the Mental 19 Hygiene Law, in relation to defining the need 20 for involuntary care and treatment. 21 SENATOR GOLD: Explanation. 22 ACTING PRESIDENT FARLEY: 23 Explanation has been asked for. Senator Spano. 4351 1 SENATOR PRESENT: Lay it aside 2 temporarily. 3 ACTING PRESIDENT FARLEY: Lay it 4 aside temporarily. 5 THE SECRETARY: Calendar Number 6 434, by Senator LaValle, Senate Bill Number 7 3722-A, an act to amend the Education Law and 8 the State Finance Law. 9 ACTING PRESIDENT FARLEY: Senator 10 Jones. 11 SENATOR JONES: Yes. Mr. 12 President, would the sponsor yield to a 13 question? 14 ACTING PRESIDENT FARLEY: Senator 15 LaValle, will you yield to a question from 16 Senator Jones? 17 SENATOR LAVALLE: Yes, I will. 18 SENATOR JONES: Yes, Senator 19 LaValle. Your bill talks about a trust fund 20 that would be set up for this program. Since 21 I'm very familiar with this, there are a lot of 22 these already going on in the state, I'm just 23 curious what the money would be used for and if 4352 1 you could give me a little more explanation on 2 it. 3 SENATOR LAVALLE: Yes. Thank 4 you, Senator Jones. 5 The legislation was filed and 6 many of the provisions included herein are as a 7 result of federal legislation that was -- that 8 was passed last August as part of the Older 9 Americans Act and, in the Act, it provides for 10 grants to states to pay for the federal share of 11 establishing and operating projects in the 12 public elementary and secondary schools, and 13 there are certain criteria. The fund also, 14 besides accepting federal dollars, would accept 15 monies from foundations and other -- other 16 sources in the fund, trust fund, that is 17 established. 18 The criteria used to award grants 19 to the states will be those programs that 20 include multi-generational activities in which 21 volunteer older individuals and students 22 interact, and we provide for those provisions on 23 page 2, lines 14 to 22. 4353 1 Also the existence of skill banks 2 that maintain and make available to school 3 officials information on the skills and the 4 preferred activities of volunteer older indi 5 viduals for purposes of providing opportunities 6 for such individuals to serve as tutors, teacher 7 aides, living historians, special speakers, 8 playground supervisors and lunchroom assistants, 9 and in the legislation we provide language to 10 cover that on page 2, lines 31 to 41. 11 And then lastly, opportunities 12 for volunteer older individuals to participate 13 in school activities, and we provide for that on 14 lines -- page 3, lines 26 to 30. 15 So what we are doing is to meet 16 or so that New York State will be able to 17 receive federal monies, and we provide for the 18 provisions that are called for under the federal 19 legislation. 20 SENATOR JONES: Thank you. 21 ACTING PRESIDENT KUHL: Last 22 section. 23 THE SECRETARY: Section 2. This 4354 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 54. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 434, ayes 53, nays one, Senator 10 Montgomery recorded in the negative. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 SENATOR PRESENT: Mr. President. 14 ACTING PRESIDENT KUHL: Mr. 15 President. 16 SENATOR PRESENT: Call up 17 Calendar Number 195, please. 18 ACTING PRESIDENT KUHL: Secretary 19 will read. 20 THE SECRETARY: Calendar Number 21 195, by Senator Spano. 22 SENATOR GOLD: Explanation. 23 THE SECRETARY: Senate Bill 4355 1 Number 1005-B, an act to amend the Mental 2 Hygiene Law. 3 ACTING PRESIDENT KUHL: Senator 4 Spano, an explanation has been asked for. 5 SENATOR SPANO: Mr. President, 6 this bill qualifies the definition of 7 "involuntary care and treatment" for an 8 individual by placing case law into statute. 9 What we're very careful to do, we had a joint 10 public hearing this past March. We had numerous 11 meetings with advocacy groups and the Alliance 12 for the Mentally Ill, and we heard testimony 13 from the individual commissioners and 14 commissioner of mental health in the city of New 15 York, and were reluctant to alter the standards 16 of involuntary commitment. We're reluctant to 17 expand the scope and create a new standard of 18 dangerousness or a new "greatly disabled" 19 definition in the law. 20 What we did was take case law and 21 put it into statute, so that what this bill does 22 is take -- it makes sure that a person who is in 23 need of voluntary care and treatment would 4356 1 receive that type of help and care, at the same 2 time recognizing a person's right to 3 constitutional freedoms and not imposing on 4 those rights. 5 ACTING PRESIDENT KUHL: Last 6 section. 7 Senator Nolan? 8 THE SECRETARY: Section 2. This 9 act shall - 10 SENATOR GOLD: Hold it just a 11 minute. Last section. 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 SENATOR GOLD: Will Senator Spano 20 yield to just one question? 21 Senator, is this the same bill 22 you had last year? 23 SENATOR SPANO: No. No, this 4357 1 bill was amended. The one part of it was 2 amended, Senator Gold, was a suggestion by the 3 Alliance for the Mentally Ill, where we added a 4 few words. We added "except for reasons of 5 indigence", so that it says here if a person is 6 not capable of surviving with reasonable ability 7 to provide for his food, clothing, et cetera. 8 They asked that we specifically put "except for 9 reasons of indigence," so that you can't -- it's 10 pretty clear in the statute that, because a 11 person is simply homeless, that you can't 12 declare them to be involuntarily committed. 13 That's the only change and, by 14 the way, as a result of that change, we received 15 a letter of support from the Alliance for the 16 Mentally Ill who previously had opposed the 17 legislation. 18 SENATOR GOLD: Will you yield for 19 another question? Will the Senator yield to a 20 question? 21 SENATOR SPANO: Sure. 22 SENATOR GOLD: I have a memo here 23 from the Civil Liberties Union and just are you 4358 1 familiar with that one? 2 SENATOR SPANO: I'm not familiar 3 with that. I didn't get that. Is that this 4 year? 5 SENATOR GOLD: I want to make 6 sure. Yes, it says 1993 Legislative Memorandum. 7 SENATOR SPANO: I didn't see it. 8 They did speak at the hearing, Senator Gold, but 9 no, I don't remember. I didn't get a hearing - 10 I didn't get a memo on it. What did they say? 11 SENATOR GOLD: What did they say? 12 You don't want me to read it? What is this one? 13 This is the same one too. Well, Senator, the - 14 there was some concern on this side of the aisle 15 and you've cleared up that there is some change 16 in the bill and, now, I have been handed these 17 memos. I hate to do this to you, but is it 18 possible, even though you've explained it, to 19 put it over for one day? Would you mind? 20 SENATOR SPANO: Will you - 21 SENATOR GOLD: I just want a 22 chance to check it out myself. I -- you're a 23 gentleman all the time. If you say no, I'll 4359 1 understand and - 2 SENATOR SPANO: There'll be 3 another one. 4 SENATOR GOLD: All right. Thank 5 you very much. 6 SENATOR SPANO: Maybe, if you 7 could get someone to give me a copy of that memo 8 so I could see it. 9 SENATOR GOLD: I can get it to 10 you, Senator Spano. I'll place it in Senator 11 Spano's hands. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 THE SECRETARY: 441, by Senator 15 Holland, Senate Bill 464, an act to amend the 16 Social Services Law and the Tax Law. 17 SENATOR LEICHTER: Explanation. 18 ACTING PRESIDENT KUHL: Senator 19 Holland, an explanation has been asked for. 20 SENATOR HOLLAND: Who asked for 21 it? 22 ACTING PRESIDENT KUHL: Senator 23 Leichter has asked for an explanation. 4360 1 SENATOR HOLLAND: Thank you, Mr. 2 President. 3 This is a departmental bill. The 4 bill would enhance the ability of the Department 5 of Social Services to comply with the federal 6 Jobs Opportunity and Basic Skills Training 7 Program by enabling it to obtain information 8 from the Department of Taxation and Finance to 9 evaluate the effectiveness of employment and 10 training programs operated by the Department and 11 local Social Services Districts. 12 Also, this bill reiterates the 13 mandate that all information obtained from the 14 wage reporting system must be kept 15 confidential. 16 ACTING PRESIDENT KUHL: Senator 17 Leichter. 18 SENATOR LEICHTER: Yeah, Senator 19 Holland, it's that - 20 ACTING PRESIDENT KUHL: Are you 21 asking Senator Holland to yield, Senator 22 Leichter? 23 SENATOR LEICHTER: Yes, if he 4361 1 would, please. 2 ACTING PRESIDENT KUHL: Senator 3 Holland, do you yield? 4 SENATOR HOLLAND: Yes. 5 ACTING PRESIDENT KUHL: Senator 6 Holland will yield. 7 SENATOR LEICHTER: That section 8 of the bill that deletes the requirement of 9 confidentiality or at least gives the Department 10 information that in the past was not available 11 to it, why is it necessary for the Department to 12 have information as to somebody's Social 13 Security number, and so on, to evaluate the 14 program? 15 SENATOR HOLLAND: They can not 16 track the individuals individually unless they 17 have the Social Security number, Senator. They 18 can only amass information. They're not getting 19 the information they need to find out whether 20 the program is functioning correctly or in the 21 way they want it to or not. 22 It is supported by -- I might 23 mention also, besides the Department, the state 4362 1 Communities Aid Association. 2 SENATOR LEICHTER: It says 3 something in therewith there about information 4 may -- about tax information. 5 SENATOR HOLLAND: The information 6 is from the Tax and Finance, yes, sir. 7 SENATOR LEICHTER: Well, if you'd 8 be so good as to yield, continue to yield, 9 Senator. I can understand that they -- to track 10 the individual, you need the Social Security 11 number, but why do you need the tax information? 12 SENATOR HOLLAND: That's where 13 the information is, I am told, that they need in 14 order to evaluate the system and it is mentioned 15 a number of times in the proposed bill that the 16 Department will take all necessary steps to en 17 sure that such information is kept confidential 18 and is requested and maintained only for the 19 purpose of evaluating the effects on earnings of 20 participation in the training program. 21 SENATOR LEICHTER: All right. 22 Thank you. 23 ACTING PRESIDENT KUHL: Last 4363 1 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 55. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 736, by Senator LaValle, Senate Bill Number 12 401-A, an act to amend the Education Law. 13 ACTING PRESIDENT KUHL: Local 14 fiscal impact note is at the desk. Last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes -- those 22 recorded in the negative on Calendar Number 736 23 are Senators Dollinger, Jones, Leichter, 4364 1 Stavisky, Waldon, and also Senator Galiber. 2 Ayes 49, nays 6. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 SENATOR GOLD: Mr. President. 6 ACTING PRESIDENT KUHL: Senator 7 Gold. 8 SENATOR GOLD: Would you 9 recognize Senator Montgomery. 10 ACTING PRESIDENT KUHL: Senator 11 Montgomery. 12 SENATOR MONTGOMERY: Yes, Mr. 13 President. I inadvertently voted no on Calendar 14 Number 434, and I did not intend to. I would 15 like to -- I request to be recorded in the 16 affirmative. 17 ACTING PRESIDENT KUHL: The clerk 18 will so note. 19 SENATOR MONTGOMERY: Thank you. 20 ACTING PRESIDENT KUHL: The clerk 21 will read. 22 THE SECRETARY: Calendar Number 23 929, by Senator Cook, Senate Bill Number 2281-A, 4365 1 an act to amend the Education Law. 2 SENATOR STAVISKY: Explanation. 3 ACTING PRESIDENT KUHL: 4 Explanation has been asked for. Senator Cook. 5 SENATOR COOK: Mr. President, 6 this bill is similar to the one that we passed a 7 couple of weeks ago here, in which we provided 8 that the state would pay for the volunteer 9 ambulance corps and for the fire department one 10 dollar per capita or per resident. 11 Once again, the situation is that 12 the types of structures that the State 13 University has within a given municipality 14 create a cost that is -- that goes beyond the 15 normal fire protection that they would be 16 providing. In two of my communities, for 17 example, that have State Universities, there are 18 seven-story buildings. Those were the only 19 seven-story buildings that exist any place 20 within those municipalities. 21 The cost of providing the special 22 equipment that is really required to provide the 23 adequate fire protection in those university 4366 1 structures is something that the local taxpayers 2 have been bearing, and this bill would simply 3 provide that a small, really token payment would 4 be made by the University annually toward the 5 cost of running those fire districts and those 6 volunteer ambulance services, one dollar per 7 person for each, a cost of about $800,000 8 statewide to help those communities which are 9 host to these structures which provide, 10 incidentally, fire protection and the ambulance 11 service for students from all over the state who 12 attend the State University, and I think it's a 13 small token payment, something the University 14 can easily do, and something they should do. 15 ACTING PRESIDENT KUHL: Senator 16 Stavisky. 17 SENATOR STAVISKY: Mr. President, 18 the philosophy apparent in this bill is not 19 beneficial to local government, and is surely 20 not beneficial to higher educational 21 institutions. 22 If it is the intention of the 23 sponsor to assist certain volunteer organiza 4367 1 tions, fire companies, ambulance, rescue squads, 2 et cetera, then let us do it the straight 3 forward way and provide an appropriation to 4 those volunteer organizations which do so much 5 good, and they are all over the state of New 6 York, and I'd like to see that done for 7 volunteer companies, ambulance and/or fire 8 companies, in Senator Mega's district, in the 9 district of Senator Maltese, in others' 10 districts throughout the state of New York 11 rather than simply where there is a higher 12 educational facility. 13 What we're doing is taking money 14 away from the funding for higher education and 15 reducing it, the state support for these 16 institutions, and we are commingling two 17 different things. There are many services that 18 are provided: Sewer, water, police protection, 19 health care, that are done by every locality 20 when there are facilities placed in those 21 communities, but what the sponsor fails to 22 recognize is that there is too much of this town 23 versus gown controversy. 4368 1 Consider for a moment the 2 benefits that a community receives from the 3 opening of a college, community college, 4 four-year institution or university. There are 5 people who are students, who are faculty 6 members, who will buy from local merchants and 7 they will pay local sales taxes. They will 8 reside in local housing accommodations, not 9 necessarily on campus, and they'll be providing 10 revenue for homeowners in those communities and 11 that's the way we ought to look at it. 12 There are pros and cons. There 13 are advantages as well as disadvantages to 14 having a large number of people, faculty members 15 and students, coming to a community and we 16 should stop looking at this as a negative for 17 which ransom has to be paid and that, in a 18 sense, is what is proposed here, that we are 19 asking these institutions from their educational 20 funding to make payments that should not 21 necessarily be commingled with the purposes of a 22 higher educational institution. 23 And I think that it would be far 4369 1 wiser for the sponsor of this bill to make a 2 direct appropriation for volunteer organiza 3 tions, fire companies, ambulance rescue squads 4 rather than doing it in this indirect manner, or 5 if you want to do this, then increase the amount 6 of state funding for educational institutions of 7 all types that are located within communities. 8 Let them receive the money with which to pay 9 this tax. 10 Otherwise, Senator, this is a 11 mandate without money that we should not be 12 imposing on these institutions after the budget 13 process is completed. 14 For that reason, I hope that 15 there will be some "no" votes to discourage this 16 kind of adversarial relationship between town 17 and gown. 18 ACTING PRESIDENT KUHL: Last 19 section. 20 SENATOR GOLD: Mr. President. 21 ACTING PRESIDENT KUHL: Senator 22 Gold. 23 SENATOR GOLD: Last year, Senator 4370 1 Stavisky, there were indeed about 17 "no" votes, 2 Senator Connor, Galiber, Gonzalez, Halperin, 3 Leichter, Markowitz, Mendez, Montgomery, Ohren 4 stein, Onorato, Paterson, Smith, Stachowski, and 5 my name was not on that list, but you convinced 6 me. 7 ACTING PRESIDENT KUHL: Last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 (The Secretary called the roll. ) 12 ACTING PRESIDENT KUHL: Announce 13 the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 929 are Senators 16 Dollinger, Galiber, Gold, Leichter, Markowitz, 17 Mendez, Montgomery, Ohrenstein, Onorato, 18 Solomon, Stachowski, Stavisky, Waldon, also 19 Senator Smith. Ayes 42, nays 14. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 931, by Senator Present, Senate Bill Number 4371 1 2683, authorizing the conveyance of certain 2 lands designated for reforestation purposes by 3 the county of Allegany. 4 ACTING PRESIDENT KUHL: Home rule 5 message is at the desk. Last section. 6 SENATOR GOLD: Just a minute. 7 ACTING PRESIDENT KUHL: Hold on. 8 SENATOR GOLD: Senator Present 9 yield to one question? 10 ACTING PRESIDENT KUHL: Senator 11 Present, will you yield? He does. 12 SENATOR GOLD: Senator, this 13 contains the information I have on a memo from 14 DEC. Do you have any answer to that? 15 SENATOR PRESENT: I have no 16 answer to that. 17 SENATOR GOLD: I don't either. 18 Last section. 19 ACTING PRESIDENT KUHL: Last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 4372 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 56. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar 934, by 7 Senator Sheffer, Senate Bill Number 3009, an act 8 to amend the Tax Law, crediting lottery prizes 9 to past due taxes. 10 SENATOR SHEFFER: Lay it aside 11 for the day, please. 12 ACTING PRESIDENT KUHL: The bill 13 is laid aside for the day. 14 SENATOR LEICHTER: Mr. 15 President. 16 ACTING PRESIDENT KUHL: Senator 17 Leichter. 18 SENATOR LEICHTER: May I have 19 unanimous consent to be recorded in the negative 20 on 931, please. 21 ACTING PRESIDENT KUHL: The clerk 22 will note that you're recorded in the negative, 23 Senator Leichter. 4373 1 THE SECRETARY: Calendar Number 2 935, by Senator Johnson, Senate Bill Number 3 3062, an act to amend the State Finance Law and 4 the Environmental Conservation Law. 5 SENATOR GOLD: Explanation. 6 ACTING PRESIDENT KUHL: 7 Explanation has been asked for. 8 Senator Johnson. 9 SENATOR JOHNSON: Mr. President, 10 this is going to create a marine and coastal 11 district fund into which the funds from those 12 activities in the marine district would be - 13 would be directed and would be used for 14 essentially law enforcement and creation of 15 additional facilities in the marine district. 16 That was the original intent of 17 the money and prior to 1977 all the gasoline 18 taxes, for example, fuel used in boats was 19 directed to this purpose. It's been changed in 20 recent years. We'd like to re-establish that. 21 Essentially we have upstate where all the 22 hunting and fishing licenses and fines and 23 penalties go to enhancing the upstate fishing 4374 1 and hunting opportunities. 2 This would be similar for the 3 same type of revenues in the marine district. 4 It's sponsored in both houses. It's a good bill 5 and it's something that I believe will be moving 6 soon in the Assembly. We think this is a bill 7 that's overdue. It would also provide that 8 monies would be available for matching federal 9 Wallop-Breaux monies for the enhancement and 10 protection of the marine environment. So 11 essentially we're getting back to the original 12 purpose of these fines and penalties. It would 13 help to provide enhanced fishing opportunities 14 and law enforcement opportunities in that area 15 of the state. 16 ACTING PRESIDENT KUHL: Last 17 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 56. 4375 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 SENATOR WALDON: Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Waldon. 6 SENATOR WALDON: Thank you, Mr. 7 President. 8 Let me apologize to you and to my 9 colleagues. Inadvertently when I came in from 10 the antechamber intending to have my vote 11 recorded negatively on 441, the house was 12 dealing with 736. I may have inadvertently been 13 recorded and could I have unanimous consent to 14 be recorded in the "yea" on 736 and in the "nay" 15 on 441. 16 ACTING PRESIDENT KUHL: Without 17 objection, you're so recorded, Senator Waldon. 18 Senator Present, that completes 19 the controversial calendar. 20 SENATOR PRESENT: Would you 21 recognize Senator DeFrancisco. 22 ACTING PRESIDENT KUHL: Senator 23 DeFrancisco. 4376 1 SENATOR DeFRANCISCO: Yes. 2 Inadvertently I didn't notice that a resolution 3 mourning the passing of Earl Stock, Jr., the 4 past National Commander-in-Chief of the Veterans 5 of Foreign Wars is on for today. There's a 6 corresponding resolution in the Assembly, and I 7 want to open that up for any other co-sponsors 8 that would like to go on it. I know Senator 9 Maltese mentioned it to me earlier and I'm sure 10 he wants to be on it. 11 THE SECRETARY: O.K. Could you 12 give me the names. 13 ACTING PRESIDENT KUHL: Would the 14 Senators who wish to be on the resolution please 15 raise their hands. 16 Thank you, Senator DeFrancisco. 17 Senator Present. 18 SENATOR PRESENT: Mr. President, 19 if there are no housekeeping actions to take 20 place, and I see none, I move that we recess - 21 we adjourn until tomorrow at 11:30. 22 ACTING PRESIDENT KUHL: Senate 23 stands adjourned until tomorrow at 11:30. 4377 1 (Whereupon at 5:08 p.m., the 2 Senate adjourned.) 3 4 5 6 7 8 9 10