Thursday, June 3, 1993

4378 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 3, 1993 11 12:03 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 4379 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Senate 3 will come to order. Senators will please find 4 their seats. 5 Please rise for the Pledge of 6 Allegiance. 7 (Whereupon, the Senate joined in 8 the Pledge of Allegiance to the Flag. ) 9 Today, in the absence of clergy, 10 we'll bow our heads for a moment of silent 11 prayer. 12 (Whereupon, there was a moment of 13 silence. ) 14 Secretary will begin by reading 15 the Journal. 16 THE SECRETARY: In Senate, 17 Wednesday, June 2. The Senate met pursuant to 18 adjournment. Senator Farley in the chair upon 19 designation of the Temporary President. Prayer 20 by the Reverend Peter Young of the Blessed 21 Sacrament Church of Bolton Landing, New York. 22 The Journal of Tuesday, June 1, was read and 23 approved. On motion, Senate adjourned. 4380 1 ACTING PRESIDENT FARLEY: Hearing 2 no objection, the Journal will stand approved as 3 read. 4 The order of business: 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 Communications and reports from 11 state officers. 12 Motions and resolutions. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 on behalf of Senator Velella, on page number 11, 16 I offer the following amendments to Calendar 17 Number 496, Senate Print Number 3906, and ask 18 that said bill retain its place on the Third 19 Reading Calendar. 20 ACTING PRESIDENT FARLEY: 21 Amendments are received. 22 SENATOR SKELOS: On behalf of 23 Senator Spano, on page number 18, I offer the 4381 1 following amendments to Calendar Number 718, 2 Senate Print Number 1988, and ask that said bill 3 retain its place on the Third Reading Calendar. 4 ACTING PRESIDENT FARLEY: 5 Amendments received. The bill will retain its 6 place on the Third Reading Calendar. 7 Are there any other motions on 8 the floor? 9 Senator Present. 10 SENATOR BRUNO: Will you 11 recognize Senator Libous, please. 12 ACTING PRESIDENT FARLEY: Senator 13 Libous. 14 SENATOR LIBOUS: Thank you, Mr. 15 President. I believe I have a privileged 16 resolution at the desk, and I ask that it be 17 read in its entirety, please. 18 ACTING PRESIDENT FARLEY: The 19 Secretary will read Senator Libous' privileged 20 resolution. 21 THE SECRETARY: Legislative 22 Resolution Number 1628, by Senators Libous and 23 Seward, honoring the Norwich High School Boys 4382 1 Basketball Team in recognition of their 2 outstanding season and capture of the State 3 Public High School Class B Championship. 4 Whereas, the residents of the 5 Norwich City School District, the Board of 6 Education and the Superintendent, have promoted 7 and nurtured an excellent athletic program. 8 The members of the Norwich High 9 School Boys Basketball Team, under the guidance 10 of their head coach, Mark Abbott, and assistant 11 coach, Bob Branham, have led their team to 12 achieve an outstanding 27-0 record. 13 Talent and dedication have helped 14 this dynamic 16-member team, including Manager 15 Joey Alger, to become the 1993 Public High 16 School Class B Champions. 17 The parents of Jim Boyer, Peter 18 Burton, Rob Hamilton, Jason James, Josh 19 Jankowsky, Jason Lawrence, Bob Lazor, Paul 20 Mackmer, Chris Maynard, Josh Morris, Kevin Pole, 21 Jason Robitelle, Drew Seiler, Glenn Van Houten 22 and Charlie Wightman can be justifiably proud of 23 their athletic achievements. 4383 1 The championship team has been 2 recognized by New York State as Public High 3 School Scholar/Athlete Champions with a 4 scholastic average greater than 90 percent. 5 In the finals of the Class B 6 tournament, Norwich High began the fourth 7 quarter with a 10-0 run to achieve the 56-49 8 victory over Ben Franklin of Rochester. 9 The victory gave the Tornadoes 10 their first state title in Glens Falls. 11 Bob Lazor was named Class B Most 12 Valuable Player for the tournament, joining 13 teammates Peter Burton and Charlie Wightman on 14 the All-Tournament Team. 15 Charlie Wightman established a 16 tournament record with ten three-pointers: Eight 17 in the semi-finals and two in the finals. 18 Co-captains, Jason Robitelle and 19 Josh Jankowsky inspired the commitment and 20 intensity necessary for this championship with 21 extraordinary teamwork and a competitive spirit. 22 Senior guard Drew Seiler, whose 23 relentless effort resulted in six assists, four 4384 1 rebounds, two steals and drawing three charging 2 fouls, epitomized the type of effort that it 3 takes to win a team championship. 4 Now, therefore, be it resolved, 5 that this legislative body pause in its 6 deliberations to commend the Norwich High School 7 Boys Basketball Team and the staff for their 8 dedication to athletic excellence; and be it 9 further 10 Resolved, that copies of this 11 resolution, suitably engrossed, be transmitted 12 to Dr. Robert L. Cleveland, Superintendent of 13 Schools; Mr. Robert M. Conron, President of the 14 Board of Education; James B. Walters, Principal; 15 John D. Jones, Athletic Director; and Mark D. 16 Abbott, Varsity Coach. 17 ACTING PRESIDENT FARLEY: Senator 18 Libous, on the resolution. 19 SENATOR LIBOUS: Thank you, Mr. 20 President. We are very pleased today to have 21 with us the entire Norwich Basketball Boys Team, 22 and we also have with us the entire cheerleading 23 squad along with their coaches. 4385 1 And I think it's fitting for us 2 to honor this team today for a number of 3 reasons. Scholastic ability is something that 4 has some rare talent, and we're very honored in 5 the Southern Tier and in Central New York to 6 have a team such as the Norwich Basketball Team 7 to not only be state champions but to go 8 undefeated. And I think today, in 1993, in the 9 sport of basketball, it's very rare for any team 10 to go undefeated. 11 I am only sorry that I guess 12 Senator Dollinger is not here right now, because 13 I see they beat the Rochester team, and Senator 14 Dollinger and I have an ongoing, I guess, bet 15 with the hockey teams, and I lost to him when 16 the Binghamton Rangers lost earlier this year, 17 and this would be a great opportunity for me to 18 get even. 19 But we are extremely proud of the 20 men and women of both the cheerleading squad and 21 the basketball team; and beyond being state 22 champs and beyond the fact that they were superb 23 and number one on the court, this team is also 4386 1 number one in the classroom; and I think that 2 takes mentioning, and I'm just going to state 3 that their classroom performance, at least 4 scholastically, the average was greater than 90 5 percent for the entire team; and that is, 6 indeed, a very, very special accomplishment and 7 we salute all of you on that accomplishment. 8 The team is going to be back next 9 year, Mr. President, so we want to say beware to 10 the other schools in the state; that I believe 11 only three members will be leaving. Is that 12 correct? Only three members will be leaving, and 13 hopefully we will be able to be back in this 14 chamber again next year honoring the return of 15 the state champions. I guess if the Chicago 16 Bulls can do it twice, the Norwich Basketball 17 Team can do it twice. 18 So, Mr. President, on behalf of 19 all the constituents of the Southern Tier, on 20 behalf of all our constituents in New York 21 State, it is with great pleasure that we honor 22 this team today. It is a great pleasure that 23 they be here in Albany so that they will also 4387 1 see to it that we are extremely proud of them in 2 New York State. And we salute you. And as I 3 said earlier, I tip my hat; and I guess I've got 4 the appropriate hat to wear today. 5 So to the men and women that are 6 here today from Norwich High School, thank you 7 for an outstanding condition. 8 ACTING PRESIDENT FARLEY: Senator 9 Seward on the resolution. 10 SENATOR SEWARD: Thank you, Mr. 11 President. My colleagues. Even though the city 12 of Norwich, per se, is in Senator Libous' 13 Senatorial District, there are portions of the 14 Norwich Central School District that go into my 15 Senatorial District as well, since I represent a 16 portion of Chenango County. 17 And so I certainly would be 18 remiss if I did not stand also and speak to this 19 resolution. I think the resolution as it was 20 read says it all. Senator Libous' comments are 21 very, very appropriate; and as a State Senator 22 from a portion of Chenango County, I just want 23 to rise and offer my words of congratulations to 4388 1 this team, their coaches, the cheerleading squad 2 and their advisor. 3 At a time when we are all looking 4 ahead attempting to build a brighter future for 5 our people here in New York State, I look up in 6 the gallery and view this basketball team and 7 the cheerleading squad and as I look ahead as I 8 view these teams, I can say without question 9 that the future of our area in Central New York 10 and the future of our state is indeed in very 11 good hands. 12 This team and the squad of cheer 13 leaders epitomizes all that is great with our 14 young people of today. 15 And so I join with Senator Libous 16 and all of the members of the Senate in 17 congratulating this team. It's a great day for 18 the Norwich School District, it's a great day 19 for our entire community and all of our people. 20 It is a great day for the state of New York as 21 we honor this team today. 22 ACTING PRESIDENT FARLEY: Senator 23 Stachowski. 4389 1 SENATOR STACHOWSKI: Yes, I also 2 would like to congratulate the people from the 3 high school and the basketball players in 4 particular, but I'd like to point something out 5 to you; that not only is Senator Libous your 6 Senator and very proud of you, but when he was 7 in high school, his high school coach told him 8 if he was only taller and could jump, he would 9 have been a great basketball player. 10 ACTING PRESIDENT FARLEY: On the 11 resolution. All those in favor, say aye. 12 (Response of "Aye.") 13 Those opposed, nay. 14 (There was no response. ) 15 The resolution is unanimously 16 adopted. 17 On behalf of the New York State 18 Senate, let's say how proud we are of Norwich 19 High School and its basketball team. The 20 remarkable academic accomplishment of these 21 players is the reason they are state champions. 22 Congratulations. We are very 23 proud of you. We will look forward to seeing 4390 1 you come back here next year as winners also. 2 (Applause) 3 Are there any other motions and 4 resolutions on the floor? 5 (There was no response. ) 6 Senator Present, we're ready. 7 SENATOR PRESENT: Mr. President, 8 let's go to the non-controversial calendar, 9 please. 10 ACTING PRESIDENT FARLEY: 11 Secretary will read, non-controversial. 12 Senator Trunzo has a motion, 13 though, first, Senator Present. Is that all 14 right? 15 Senator Trunzo. 16 SENATOR TRUNZO: Mr. President, 17 on behalf of Senator Sears, please remove the 18 star on Calendar Number 178,Print Number 1129A. 19 ACTING PRESIDENT FARLEY: Star is 20 removed at the request of the sponsor. 21 THE SECRETARY: On page 5 of 22 today's calendar, Calendar Number 195, by 23 Senator Spano. 4391 1 SENATOR GOLD: Lay it aside. 2 ACTING PRESIDENT FARLEY: Lay it 3 aside. 4 THE SECRETARY: Calendar Number 5 268, by Senator Saland, Senate Bill Number 3379, 6 an act to amend the Family Court Act. 7 ACTING PRESIDENT FARLEY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT FARLEY: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 34. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 321, by member of the Assembly Seminario, 19 Assembly Bill Number 6308, an act to amend the 20 Banking Law, in relation to banking stock 21 corporations. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 4392 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FARLEY: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 34. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 331, by Senator Daly, Senate Bill Number 3370B, 11 an act to amend the Alcoholic Beverage Control 12 Law. 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 34. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 4393 1 370, by Senator Farley, Senate Bill Number 2 2726A, an act to amend the Banking Law. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 34. 11 ACTING PRESIDENT FARLEY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 685, by Senator lack, Senate Bill Number 4044, 15 an act to amend the Public Authorities Law. 16 SENATOR GOLD: Can we have one 17 day on that. Lay it aside. 18 SENATOR PRESENT: Lay it aside. 19 ACTING PRESIDENT FARLEY: Lay it 20 aside. 21 THE SECRETARY: Calendar Number 22 693, by Senator Farley, Senate Bill Number 2727, 23 an act to amend the Banking Law. 4394 1 ACTING PRESIDENT FARLEY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT FARLEY: Call 6 the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 34. 9 ACTING PRESIDENT FARLEY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 694, by Senator Saland, Senate Bill Number 3543, 13 an act to amend the Banking Law. 14 ACTING PRESIDENT FARLEY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT FARLEY: Call 19 the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 34. 22 ACTING PRESIDENT FARLEY: The 23 bill is passed. 4395 1 THE SECRETARY: Calendar Number 2 695, by Senator Farley, Senate Bill Number 4584, 3 an act to amend the Banking Law, in relation to 4 powers of a credit union. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 34. 13 ACTING PRESIDENT FARLEY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 776, by Senator Montgomery, Senate Bill Number 17 4129A, an act to amend the Labor Law, in 18 relation to defining educational institutions. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 4396 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 34. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 790, by member of the Assembly Towns, Assembly 8 Bill Number 4856A, an act to amend the Social 9 Services law, in relation to proceedings for 10 guardianship. 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 36. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 863, by member of the Assembly Lentol, Assembly 23 Bill Number 6449, Criminal Procedure Law, in 4397 1 relation to custody and supervision. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 37. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 884, by Senator Farley, Senate Bill Number 14 2725A, an act to amend the Banking Law. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 37. 23 ACTING PRESIDENT FARLEY: The 4398 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 886, by Senator Farley, Senate Bill Number 4948, 4 an act to amend the Banking Law, in relation to 5 credit union directors. 6 SENATOR GOLD: Sorry. Senator, 7 who is it? 8 ACTING PRESIDENT FARLEY: Gold it 9 was. No, Farley. 10 SENATOR GOLD: Who was the last 11 bill? 12 ACTING PRESIDENT FARLEY: Senator 13 Farley. 14 SENATOR GOLD: Oh. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 37. 23 ACTING PRESIDENT FARLEY: The 4399 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 934, by Senator Sheffer, Senate Bill Number 4 3009, an act to amend the Tax Law. 5 SENATOR GOLD: Can we have one 6 day on this? 7 SENATOR SHEFFER: No. Would you 8 place a sponsor star on it, please. 9 ACTING PRESIDENT FARLEY: Star 10 the bill. 11 SENATOR GOLD: On the other hand 12 -- thank you. 13 THE SECRETARY: Calendar Number 14 939, by Senator Sears. 15 SENATOR PRESENT: Lay it aside 16 for the day, please. 17 ACTING PRESIDENT FARLEY: Lay it 18 aside for the day. 19 THE SECRETARY: Calendar Number 20 940, by Senator Spano, Senate Bill Number 3787, 21 providing service credit in the New York State 22 and local police and fire retirement systems. 23 ACTING PRESIDENT FARLEY: Read 4400 1 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 37. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 942, by Senator cook, Senate Bill Number 4176, 12 authorizing the exemption - 13 SENATOR GOLD: Lay it aside. 14 ACTING PRESIDENT FARLEY: Lay it 15 aside. 16 THE SECRETARY: Calendar Number 17 943, by Senator Lack, Senate Bill Number 4180A, 18 an act to amend Chapter 994 of the Laws of 1984. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 4401 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 37. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 944, by Senator Larkin, Senate Bill Number 4402, 8 an act to amend the County Law. 9 SENATOR GOLD: Lay it aside. 10 ACTING PRESIDENT FARLEY: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 946, by Senator Saland, Senate Bill Number 4660, 14 an act to amend the Family Court Act. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 37. 23 ACTING PRESIDENT FARLEY: The 4402 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 947, by Senator Saland, Senate Bill Number 4734, 4 an act to amend the Executive Law. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 37. 13 ACTING PRESIDENT FARLEY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 948, by Senator Daly, Senate Bill Number 4795, 17 Education Law, in relation to required 18 observance of Conservation Day. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 4403 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 37. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 949, by Senator Levy, Senate Bill Number 4849, 8 an act to amend the Public Authorities Law and 9 Chapter 774 of the Laws of 1950. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 37. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 951, by Senator Stafford. 22 SENATOR PRESENT: Lay it aside 23 temporarily. 4404 1 ACTING PRESIDENT FARLEY: Lay it 2 aside temporarily. 3 THE SECRETARY: Calendar Number 4 952, by Senator Nozzolio, Senate Bill Number 5 5008, an act providing for the extension of 6 maximum maturity of certain bond anticipation 7 notes. 8 ACTING PRESIDENT FARLEY: There 9 is a home rule message here at the desk. 10 Read 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 37. 17 ACTING PRESIDENT FARLEY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 953, by Senator Mega, Senate Bill Number 5289, 21 Judiciary Law, in relation to orders allowing 22 audio-visual coverage of judicial proceedings. 23 ACTING PRESIDENT FARLEY: Read 4405 1 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 37. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 955, by Senator Bruno, Senate Bill Number 5324, 12 Highway Law, designating a portion of state 13 highway system in Albany and Rensselaer 14 Counties. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll. ) 22 SENATOR BRUNO: Mr. President. 23 ACTING PRESIDENT FARLEY: Senator 4406 1 Bruno. 2 SENATOR BRUNO: I want just to 3 explain my vote. I want to say a word of thank 4 you to my colleagues for unanimously supporting 5 this particular bill. 6 Assemblyman Kelleher is an 7 individual that everyone in this room knows. He 8 served 13 years in the Assembly, several years 9 as a councilperson in Troy, a couple of terms as 10 mayor, and this bridge is known as the 112th 11 Street Bridge presently. It's in his hometown. 12 He lives a short distance from it. If Neil were 13 here, he would just be saying thank you. 14 He hasn't asked for this honor, 15 but we think it's appropriate given the 16 distinguished career that Neil W. Kelleher has 17 had serving the people of this state. 18 So thank you for the support, and 19 thank you, Mr. President. 20 SENATOR GOLD: How do you vote? 21 SENATOR PRESENT: I vote yes. 22 ACTING PRESIDENT FARLEY: Mr. 23 Secretary, where are we on this bill? Results. 4407 1 THE SECRETARY: Ayes 41. 2 ACTING PRESIDENT FARLEY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 958, by Senator Padavan, Senate Bill Number 6 5572, General City Law, Chapter 772 of the Laws 7 of 1966. 8 ACTING PRESIDENT FARLEY: Read 9 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 41. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 959, by the Senate Committee on Rules, Senate 20 Bill Number 5701, extending certain police 21 disability retirement benefits. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 4408 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FARLEY: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 41. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 Senator Present, that's the first 10 time through. 11 SENATOR PRESENT: Mr. President, 12 let's take up the controversial calendar, 13 please. 14 ACTING PRESIDENT FARLEY: 15 Controversial. Secretary will read. 16 THE SECRETARY: On page 5, 17 Calendar Number 195, by Senator Spano, Senate 18 Bill Number 1005B, Mental Hygiene Law, in 19 relation to defining the need for involuntary 20 care and treatment. 21 SENATOR SMITH: Explanation. 22 ACTING PRESIDENT FARLEY: 23 Explanation has been asked for. 4409 1 Senator Spano. 2 SENATOR SPANO: Mr. President, 3 this is a bill that we discussed briefly 4 yesterday. It adds a new subdivision to the 5 Mental Hygiene Law which would clarify a person 6 in need of involuntary care and treatment. 7 What we tried, as I said 8 yesterday, was not to expand the scope of the 9 involuntary commitment statute but to allow the 10 mental health providers and the mental health 11 professionals across the state to have the force 12 of law behind them if they do in fact make a 13 decision that a person will be a -- harmful, can 14 cause harm to themselves or to others in the 15 foreseeable future. 16 So what we did is take case law 17 and put it into statute. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 Senator Smith. I'm sorry. I 21 didn't see you. You're getting right behind the 22 lamp there. 23 SENATOR SMITH: Thank you, Mr. 4410 1 President. Would Senator Spano please yield for 2 a few questions? 3 ACTING PRESIDENT FARLEY: Senator 4 Spano, will you yield to a question from Senator 5 Smith? 6 SENATOR SPANO: Yes. 7 SENATOR SMITH: Thank you, 8 Senator Spano. Could you please define for us 9 what harmful to oneself means? 10 SENATOR SPANO: What we did was 11 take that specific language directly out of 12 three court cases that were relevant. As a 13 matter of fact, at one of the hearings I think 14 that you were at in the City, Senator, there was 15 a representative there from the Civil Liberties 16 Union who at that point used exactly the same 17 language that we have put in this statute as the 18 basis for us declaring a person to be able to be 19 involuntarily committed. 20 So what we did was, we put that 21 language in and then we also expanded it a bit 22 because we recognized that the system lacks the 23 ideal services that are needed to help many of 4411 1 the mentally ill individuals in this state, and 2 so that we -- you know, we're not going to be 3 able to correct to make it an ideal situation 4 here but we are able to create a better standard 5 so that we can ensure that the facilities are 6 available and the care will be provided. 7 SENATOR SMITH: Senator Spano, 8 would you continue to yield? 9 SENATOR SPANO: Yes. 10 SENATOR SMITH: You didn't answer 11 the question. But under 2-B of the bill, I 12 think there is an attempt to try to explain what 13 I was asking. And in leading that, my next 14 question to you is, how do we determine what is 15 harmful? 16 SENATOR SPANO: That 17 determination would be a clinical decision that 18 would be made by mental health professionals who 19 are part of a team. 20 SENATOR SMITH: Senator Spano, is 21 it not true, from reading this bill, if you and 22 I were walking down the street, once again, and 23 I exhibited behavior or you exhibited behavior 4412 1 that may be deemed by someone to be harmful or 2 possibly in their eyesights negative and that 3 they can possibly be dangerous to themselves 4 that they can be hospitalized under this 5 particular provision of the law? 6 SENATOR SPANO: I thought for a 7 long time, Senator, from the first day I met you 8 that you would fall within the purview of this 9 legislation but - 10 No, Senator, what we tried to do, 11 we recognized that we don't want to step on the 12 individual rights and freedoms of people in the 13 state or violate the civil liberties, which is 14 one of the reasons that we took the Alliance for 15 the Mentally Ill suggestion and placed into the 16 bill the words "except for reasons of 17 indigence," so that we can - 18 SENATOR SMITH: I'm having 19 difficulty hearing you. 20 SENATOR SPANO: What I'm saying, 21 Mr. President, is that what we tried to do is 22 recognize people's rights to their individual 23 freedoms and not violate their civil liberties 4413 1 but at the same time we also received some 2 recommendations for amendments to this bill by 3 the Alliance for the Mentally Ill which we 4 incorporated into the B version that would make 5 it clearer that we can't just automatically - 6 if a person is homeless and is acting a little 7 strangely, that they can't just scoop this 8 person up and involuntarily commit them to a 9 mental health facility. 10 The language that is in this bill 11 are the court cases that the mental health 12 professionals are basing their decisions on 13 today when they involuntarily commit a person. 14 So they are using the court cases today. What 15 we're doing simply is putting that language into 16 statute. 17 SENATOR SMITH: Senator Spano, in 18 your explanation, we are using court cases which 19 sometimes are a little sanitized or whatever. 20 Can you explain to me how, in layman's terms, 21 you would see a person not being picked up just 22 for being homeless and a little strange if this 23 bill was passed into law? 4414 1 SENATOR SPANO: In layman terms, 2 I would never be put in a position, Senator, of 3 making a decision whether or not a person should 4 be involuntarily committed. That's a decision 5 that is made by a team of individuals, including 6 a physician, psychiatrist, social worker, and a 7 nurse that is out on the team, say in the city 8 of New York Project Help, where Project Help 9 would make that decision based on these 10 conditions. So you or I would not be making 11 that determination. Although the language may 12 look a little vague -- the language may look a 13 little vague to us as laymen, but to mental 14 health professionals and to the court of law 15 they would be very clear. 16 SENATOR SMITH: Senator Spano, 17 Project Help or any individual that would be out 18 on -- any group that would be out on the street 19 that would come into contact with such a person 20 that could possibly be deemed to be in this 21 condition, what would be their background and to 22 be able to bring this person off the street? 23 SENATOR SPANO: Their background 4415 1 would have to be clinical psychologist, 2 psychiatrist, social workers. The decision to 3 involuntarily commit someone would be made by a 4 doctor and that team. In Project Help, they 5 have a psychiatrist on their team, they have a 6 social worker and a nurse. 7 SENATOR SMITH: Senator Spano, is 8 this always the case? Because these people are 9 not always the ones that are roaming around the 10 streets; and if this person is acting out, this 11 agency or any other agency such as that may not 12 be available. It may be a police officer. It 13 may be someone else that is at that point in 14 time determining that this individual is harmful 15 to himself or someone else. And I mean 16 oftentimes walking down the street, you know, 17 some of us often act a little strange. 18 Oftentimes, I might have wanted to have you 19 voluntarily committed. 20 SENATOR SPANO: The current law, 21 Senator, provides for a psychiatrist or a doctor 22 to make that decision. We don't change that. A 23 police officer would not have the right to make 4416 1 that decision. 2 SENATOR SMITH: Senator Spano, 3 stop right there. We're on the streets. How do 4 we get the person from the streets to be 5 diagnosed? If you're telling me that, then 6 we're going to have to have professionals in the 7 streets, roaming the streets all the time, 8 looking for these kinds of individuals. 9 SENATOR SPANO: Exactly. 10 SENATOR SMITH: Which would be a 11 cost factor - 12 SENATOR SPANO: No, we - 13 SENATOR SMITH: And have you 14 provided for that cost factor, to have 15 psychiatrists roaming the streets all around the 16 state of New York looking for people that could 17 be possibly dangerous and harmful to themselves 18 or to others? 19 ACTING PRESIDENT FARLEY: Senator 20 Spano. 21 SENATOR SPANO: Mr. President, we 22 wanted to be very specific with this bill. We 23 did not want to alter the standard of 4417 1 dangerousness. We did not want to expand the 2 scope of involuntary commitment. We did not 3 want to allow for people just to roam through 4 the streets and arbitrarily pick people up and 5 put them into psychiatric centers. 6 What this bill is designed to do 7 is to help a very select few people. And 8 believe me, even of the estimated 10,000 9 homeless people, say, in the city of New York 10 and it's estimated up to half of them could be 11 suffering from a mental illness, very few of 12 them would fall within the guidelines as 13 expressed in this bill. So we do have -- we're 14 not going to put any additional burden on the 15 system because we have many -- we have teams - 16 I mean I bring back again Project Help. The 17 only reason I bring that up is because they are 18 providing a great service in the city of New 19 York, where they actually identify homeless 20 mentally ill individuals. They track their 21 condition, their mental condition as well as 22 their physical condition. They get to know 23 them. They feed them on a regular basis. They 4418 1 keep a little history on those people, and then 2 if they determine at some point in time that 3 they need to be involuntarily committed, they 4 can go ahead and do that. 5 What has happened recently is 6 that people have taken it to court. And very 7 often mental health professionals because 8 they can't pick up the Mental Hygiene Law and 9 read this statute, they have to base it on court 10 cases. What we're doing is taking those court 11 cases and putting them into the statute. We are 12 very, very careful, though, not to expand the 13 scope of it so that it's not going to place 14 that burden that you are rightfully concerned 15 about. 16 SENATOR SMITH: Senator Spano, 17 are you aware that the majority of the advocates 18 for the homeless state that the major reason for 19 homelessness is that many people have been let 20 out of mental institutions, out of facilities 21 where they need help, and are now wandering the 22 streets without homes or without the ability to 23 be cared for? 4419 1 SENATOR SPANO: Sure, I readily 2 admit that a good many of the homeless mentally 3 ill people who are currently roaming the street 4 have been placed there because of a reckless 5 policy of deinstitutionalization of the 6 Governor, yes. 7 SENATOR SMITH: Are you also 8 aware that many of them are no longer in any 9 system or no one knows who they are or where 10 they came from? 11 SENATOR SPANO: There are a great 12 number of people who would much rather live out 13 on the streets than live in some systems that do 14 exist for them, namely, the shelter system. 15 Some people would rather live in a refrigerator 16 box because they are afraid to live in those 17 shelters, yes. 18 ACTING PRESIDENT FARLEY: Senator 19 Smith. 20 SENATOR SMITH: Are you also 21 aware that there are not enough beds or 22 placements for these individuals? 23 SENATOR SPANO: There aren't 4420 1 enough beds, that's true. I don't think that 2 should be an excuse for us to allow people who 3 are going to cause harm to themselves or others 4 to roam the streets, and I think that that would 5 be a pretty sad commentary on us if we allowed 6 that to happen. 7 I think what we have to do is 8 recognize that we do need to build a community 9 based system of care for the mentally ill. Our 10 budget that we passed this year recognizes that 11 because we put substantial money into the 12 community. We are in the process of negotiating 13 a community reinvestment bill where we will be 14 able to capture money on the institutional side, 15 reinvest it into the community. So we're 16 recognizing that the community programs are not 17 adequate; but at the same time, we also have to 18 recognize that there are people who are out on 19 the streets who may cause themselves harm or 20 others harm, and that's what we're trying to 21 cover here. 22 We have support for this bill 23 from the Alliance for the Mentally Ill, namely, 4421 1 because they recognize that there are people in 2 our communities who need help and because of 3 their own mental state cannot ask for it. 4 SENATOR SMITH: Senator Spano, 5 are there any memos in opposition to this bill? 6 SENATOR SPANO: I have not 7 received any. I have a memo that Senator Gold 8 mentioned yesterday that he gave me from the 9 Civil Liberties Union, which is a memo on the 10 original print 1005. I do have a memo from the 11 Alliance for the Mentally Ill in favor of the 12 bill, but I don't have anything in opposition. 13 SENATOR SMITH: Senator Spano, 14 thank you for your explanations, and you should 15 thank me for allowing you to give a promo on the 16 community - 17 SENATOR SPANO: I thank you all 18 the time, Senator. 19 ACTING PRESIDENT FARLEY: Senator 20 Smith, on the bill. 21 SENATOR SMITH: On the bill. 22 Senator Spano, once again, I 23 understand your great commitment to the mentally 4422 1 ill, and on most occasions you and I do agree. 2 However, once again, I feel that 3 this bill goes a little too far, and it will 4 restrict the civil liberties of those that may 5 be on the fringe of having a problem and that it 6 cannot be clearly defined by having 7 legislation. 8 I think what we need to do is to 9 educate, and this bill does not allow for it. 10 It allows for people to be put into institutions 11 involuntarily, and that to me raises a problem. 12 ACTING PRESIDENT FARLEY: Read 13 the last section. 14 Oh, Senator Leichter. I'm sorry. 15 SENATOR LEICHTER: Mr. President, 16 I wonder if Senator Spano would be good enough 17 to yield. 18 ACTING PRESIDENT FARLEY: Senator 19 Spano, will you yield to a question from Senator 20 Leichter? 21 SENATOR SPANO: Yes. 22 ACTING PRESIDENT FARLEY: I think 23 he will. 4423 1 SENATOR LEICHTER: Senator, thank 2 you, and I confess I came in late and I hope I'm 3 not covering matters that were already raised by 4 Senator Smith, but as I look at this bill, 5 Senator -- and let me just preface by saying 6 that I think there are a lot of people out in 7 the street who are a danger to themselves and a 8 danger to society, that ought to be removed. I 9 think it's appalling what we have done in the 10 deinstitutionalization in failing to give 11 support to people who need assistance of having 12 them out on the street, and I have no problem 13 under well-defined and clear guidelines having 14 those people for their sake removed from the 15 street. 16 But I must tell you, as I read 17 your bill, unless I'm missing something and I 18 well may be, it seems to me like the most 19 unfelicitous language imaginable. I don't know 20 what this language means when the test is 21 whether a person is capable of surviving in 22 freedom or is helpless to avoid the hazards of 23 freedom. I don't know what the hazards of 4424 1 freedom are. 2 SENATOR SPANO: What we did, 3 Senator, was take that specific language 4 directly out of two court cases in the Supreme 5 Court. It was O'Connor versus Donaldson where 6 it was stated in that exact language, "not 7 capable of surviving in freedom," and also 8 "helpless to avoid the hazards of freedom," 9 which are currently the court cases which mental 10 health professionals are using today to 11 involuntarily commit someone. 12 We're taking the court cases that 13 are relevant to this issue and placing them into 14 statute. 15 SENATOR LEICHTER: Can you give 16 me some specific examples? When you talk about 17 the hazards of freedom, how do we define in 18 relation to an individual that this individual 19 is not capable of dealing with the hazards of 20 freedom? What does it mean? 21 SENATOR SPANO: I think an 22 example would be, Senator, if a person is not 23 able to provide for their basic needs such as 4425 1 food, clothing and shelter, or a deterioration 2 of a person's ability to function on their own 3 in a community. 4 One case that comes up is the 5 Batiste case in the city of New York. Clearly, 6 a person who should have been involuntarily 7 committed in my opinion. But I think the 8 decisions with respect to this, as I shared with 9 Senator Smith, the decisions with respect to who 10 makes that determination are clinical decisions 11 that are based by a doctor -- not by a police 12 officer, not by an individual but by a doctor. 13 The only difference is they won't have to base 14 it on the case law. They'll base it on the 15 statute. 16 SENATOR LEICHTER: Mr. President, 17 if Senator Spano would continue to yield? 18 Senator, I like your definition 19 as you gave it much more than the definition of 20 hazard. You said somebody who is incapable of 21 meeting their needs. I can understand that. My 22 concern is that a health worker or whoever is 23 sent out to try to look and to see people who 4426 1 should not be on the streets that this is not a 2 definition, "hazards of freedom," that guide 3 them. I don't know whether I do such a good job 4 in avoiding the hazards of freedom and maybe the 5 rest of you here at one time or another. 6 You may define hazards in all 7 sorts of different ways. The hazards of freedom 8 is, as my friend Senator Connor just pointed 9 out, one of the hazards of freedom is you go to 10 the subway in the morning and there's some guy 11 sticking his hand at you and trying to put a 12 piece of literature into your hand, saying, 13 "Vote for me." That's a hazard of freedom. I 14 want to go on the subway, and here this guy gets 15 in the way. I know. I do that myself. You ask 16 people, and they say, "This is a real hazard." 17 It's the ambiguity of that 18 phrase. It is so incredibly broad. Now, I 19 haven't read the decision. I don't know whether 20 in context it made more sense; or even if that 21 was in the decision, Senator, it's hard for me 22 to believe that a court is going to say that we 23 gave sufficient guidance to the health officials 4427 1 in knowing who to remove and who not to remove, 2 and that's really my concern, and that's why I 3 would have a lot of difficulty under this 4 language supporting this bill. 5 SENATOR SPANO: The distinction 6 though, Senator, with respect to greeting a 7 person who hands you a piece of literature at 8 the subway station, the difference between that 9 hazard of freedom and the hazard of freedom that 10 we're relating to in this bill is that it's not 11 life-threatening, unless he decides to throw you 12 down the steps. 13 SENATOR LEICHTER: Would you 14 yield just on that? 15 SENATOR SPANO: Sure. 16 SENATOR LEICHTER: Where in your 17 bill does it say that the hazard of freedom has 18 to be life-threatening? If it said that, I would 19 have no problem. 20 SENATOR SPANO: Because it's very 21 difficult for us to write a statute that is 22 going to have a clear definition of when and 23 under what conditions a person can be 4428 1 involuntarily committed. We have to give some 2 degree of flexibility to the mental health 3 professionals who are out there in the field to 4 make that decision. 5 SENATOR LEICHTER: But, Senator 6 - 7 SENATOR SPANO: Senator, if I can 8 continue. I gave some examples before, and I 9 said that, you know, if a person can't take care 10 of their basic needs such as food and clothing 11 and shelter. Obviously, if we put that into the 12 bill, many, many people in our community can't 13 meet those basic needs, but the decision has to 14 rest with the mental health professionals who 15 are in the process of evaluating people and 16 evaluating their condition. 17 ACTING PRESIDENT FARLEY: Senator 18 Leichter. 19 SENATOR LEICHTER: If you will 20 yield to one more question, Senator? 21 SENATOR SPANO: Sure. 22 ACTING PRESIDENT FARLEY: One 23 more question. 4429 1 SENATOR LEICHTER: And I 2 appreciate your answers, and I agree with you it 3 is extremely difficult to write a bill that 4 covers all of these situations and that gives 5 the guidance that we want for the health 6 official. 7 But I think that's the 8 responsibility and obligation we have before we 9 take somebody and deny them their freedom. Talk 10 of the hazards of freedom, one of the hazards of 11 freedom is going to be that under Spano's bill 12 some health official can come along and say, 13 "Geez, you're muttering to yourself, Leichter. 14 I'm taking you off the street." That is a real 15 hazard. My point is that we're giving such 16 enormous power to health officials to grab 17 somebody and say I'm going to confine you, and 18 that's a terrible awesome power that we're 19 giving, and we need to define that accurately 20 and carefully, precisely, and I'm afraid that 21 your bill, particularly the early language, the 22 language that you and I have been talking about, 23 about the hazard of freedom, I think it would be 4430 1 a much better bill if you took that language 2 out. 3 SENATOR SPANO: But if this was a 4 bill, Senator, that expanded the scope of the 5 involuntary commitment statute, then we can make 6 an argument on that basis. What this bill 7 simply does is clarify the definition of 8 involuntary care and treatment by placing case 9 law that mental health professionals are basing 10 their decisions on today and placing that case 11 law into statute. So we're not expanding the 12 definition at all. 13 SENATOR LEICHTER: Well, excuse 14 me. On that point, Senator, if you'd yield? You 15 are. Because we presently have language in 16 there that says somebody who is in need of 17 involuntary care and treatment means a person 18 who has a mental illness and so on. Now, you 19 are adding another standard. You are adding a 20 subdivision B, "or that a person has a mental 21 illness and because of the mental illness is 22 incapable of surviving in freedom or is helpless 23 to avoid the hazards of freedom." So you are 4431 1 not defining it more precisely. You are 2 broadening this and in a way that I think is so 3 ambiguous that it gives no accurate or careful 4 guidance to a health official. 5 SENATOR SPANO: We obviously are 6 adding another section of the law, but that 7 section of law that we're adding is meant to 8 clarify not expand the statute. 9 SENATOR LEICHTER: Well, I guess 10 that's where we disagree. I understand the 11 intent, but I think instead of clarifying it, I 12 think you are making it much vaguer and much 13 more ambiguous, and it's hard for me to believe 14 that a court would not have to strike this down. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 SENATOR GOLD: Mr. President. 18 ACTING PRESIDENT FARLEY: Senator 19 Gold. 20 SENATOR GOLD: Yeah, I just 21 wanted is to pointed out that we've had this 22 bill a number of times, although it is amended. 23 I want to thank Senator Spano for the one day. 4432 1 The courtesy is appreciated. 2 I would like to take the remarks 3 by Senator Smith and Senator Leichter and make 4 believe I said them, and point out that Senator 5 Connor, and Galiber and myself and Senator 6 Halperin and Hoffmann and Leichter and 7 Markowitz, the distinguished Senator from the 8 Bronx, Senator Mendez, Senator Montgomery, 9 Ohrenstein, Stavisky and Waldon, all voted in 10 the negative, and I hope we'll do it again. 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: Those recorded in 19 the negative on Calendar 195 are Senators 20 Connor, Galiber, Gold, Leichter, Markowitz, 21 Mendez, Montgomery, Ohrenstein, Santiago and 22 Smith. Ayes 36, nays 10. 23 ACTING PRESIDENT FARLEY: The 4433 1 bill is passed. 2 Senator Present, Senator Daly has 3 a motion. Can we go out of order for that, 4 sir? 5 Senator Daly. 6 SENATOR DALY: Mr. President, I 7 offer the following amendments to Senate Print 8 5402A, Calendar Number 910, page number 38, and 9 ask that said bill retain its position on the 10 Third Reading Calendar. 11 ACTING PRESIDENT FARLEY: 12 Amendments are received. The bill will retain 13 its place. 14 Regular order. 15 SENATOR GOLD: Mr. President. 16 ACTING PRESIDENT FARLEY: Senator 17 Gold. 18 SENATOR GOLD: I'm sorry. Was 19 that business completed, sir? 20 Yes, Mr. President. With the 21 permission of the Majority Leader,, I'd like to 22 offer the following privileged resolution, waive 23 its reading, and move its immediate adoption. 4434 1 ACTING PRESIDENT FARLEY: Without 2 objection. 3 THE SECRETARY: Legislative 4 Resolution, by Senator Gold, commending Anthony 5 H. Atlas, upon the occasion of his designation 6 as Man of the Year by Rego Park Jewish Center. 7 ACTING PRESIDENT FARLEY: All in 8 favor of the resolution, say aye. 9 (Response of "Aye.") 10 Those opposed, nay. 11 (There was no response. ) 12 The resolution is adopted. 13 Regular order. 14 THE SECRETARY: Calendar Number 15 685, by Senator Lack, Senate Bill Number 4044. 16 SENATOR GOLD: Can we get one day 17 on this please? 18 SENATOR PRESENT: Yes. 19 ACTING PRESIDENT FARLEY: Lay the 20 bill aside for the day. 21 THE SECRETARY: Calendar Number 22 942, by Senator Cook, Senate Bill Number 4176, 23 authorizing the exemption from real property 4435 1 taxes of certain property owned by the county of 2 Sullivan. 3 SENATOR LEICHTER: Mr. President. 4 ACTING PRESIDENT FARLEY: Senator 5 Leichter. 6 SENATOR LEICHTER: Yes, Mr. 7 President. Senator Cook, would you yield to one 8 or two questions, please? 9 SENATOR COOK: Sure. 10 SENATOR LEICHTER: Senator, as I 11 understand your bill, it permits late filing of 12 an application for real estate tax exemption by 13 the Industrial Development Agency in a 14 particular town in Sullivan County; right? 15 SENATOR COOK: M-m h-m-m, yes. 16 SENATOR LEICHTER: Senator, what 17 is the amount of the tax exemption? How much is 18 it? 19 SENATOR COOK: Well, Senator, we 20 don't know because the building was just built; 21 and so until such time as it's been assessed, we 22 don't know what the tax value of it is. 23 The problem is that because the 4436 1 IDA just failed -- the transfer took place on 2 the 25th of February, and they were supposed to 3 file by March 1, and they didn't file until 4 March 3, and they failed to file the exemption 5 in a timely manner, and that's all we're letting 6 them do. 7 But, Senator, I think that your 8 question raises exactly the pertinent point 9 relative to IDAs; and that is, you are saying 10 what is the value of the exemption. If you were 11 to place a value of the exemption right now, it 12 would be on the bare land. The point is that 13 there has been a very substantial building put 14 on the land, and that in due time that building 15 will be assessable and will be a part of the tax 16 base of the county. That building would not 17 have been there were it not for the IDA. 18 So, in effect, the answer to your 19 question is that the tax base is going to be 20 substantially enhanced by virtue of this 21 structure being there as opposed to focusing on 22 what the exemption would be. 23 SENATOR LEICHTER: Mr. President. 4437 1 ACTING PRESIDENT FARLEY: Senator 2 Leichter. 3 SENATOR LEICHTER: On the bill. 4 Senator Cook, let me say maybe it 5 isn't fair to take this bill and to raise the 6 whole issue of the IDA because if the premise of 7 your bill is correct that it really was just a 8 late filing, I assume we ought to excuse it. 9 My problem is that the IDA system 10 is so out of control and is costing the state so 11 much money, and you and I debated it last year, 12 and I don't think you are in charge any longer 13 of the committee that has jurisdiction over it, 14 but I know you and I discussed trying to deal 15 with the IDA problem. It costs the state of New 16 York a large sum of money every year because 17 part of the benefits that we give is an 18 exemption from the sales tax and there is really 19 no control. 20 In fact, we don't even know how 21 much money is lost or is given in subsidies 22 under the IDA. As you pointed out in this 23 particular instance, we don't know what the 4438 1 final cost is going to be. And, Senator Cook, 2 you get very often on bills trying to preserve 3 the local tax base, trying to avoid costs on the 4 localities. Well, of course, this is a tax 5 expenditure. This is going to cost the locality 6 money. 7 And for you to say, well, they 8 are going to put up a big building and that 9 building wouldn't have been built otherwise and 10 actually they are going to gain from it, I don't 11 know if that's so. Those decisions are made by 12 non-elected officials. Very often in some of the 13 IDAs, you have attorneys and bankers who benefit 14 from the project. They sit on the IDA board. 15 It's a bad system. It really 16 needs to be changed. This particular bill, I'm 17 not going to vote against it because it's just a 18 matter of late filing, but there is a serious 19 need to reform the whole process, and we ought 20 to address it. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 4439 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 50. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 Senator Hoffmann. 9 SENATOR HOFFMANN: Mr. President, 10 I request unanimous consent to be recorded in 11 the negative on Calendar 195. 12 ACTING PRESIDENT FARLEY: 195, 13 Senator Hoffmann will be in the negative. 14 SENATOR HOFFMANN: Thank you. 15 THE SECRETARY: Calendar Number 16 944, by Senator Larkin, Senate Bill Number 4402, 17 an act to amend the County Law. 18 SENATOR GOLD: Will the Senator 19 yield to a question? 20 ACTING PRESIDENT FARLEY: Senator 21 Larkin, will you yield to a question from 22 Senator Gold? 23 SENATOR LARKIN: Yes, Senator. 4440 1 SENATOR GOLD: Senator, the bill 2 as I understand it eliminates the requirement 3 that the Comptroller approve the creation of 4 county water and sewage districts financed 5 through bonding, and the bill, it says it's 6 State Comptroller's Bill Number 27. 7 My question is, has this been 8 discussed with the new Comptroller? The 9 Comptroller that filed this didn't even want to 10 be the Comptroller. He left. Do you know the 11 attitude of the present Comptroller? 12 SENATOR LARKIN: No, I don't. 13 SENATOR GOLD: Senator, this was 14 brought to my attention really two minutes ago. 15 Can we have one day? I'm curious to know what 16 the Comptroller - 17 SENATOR LARKIN: No problem. 18 SENATOR GOLD: Thank you very 19 much. 20 ACTING PRESIDENT FARLEY: Lay the 21 bill aside for the day. 22 THE SECRETARY: Calendar Number 23 951, by Senator Stafford, Senate Bill Number 4441 1 4963, authorize the conveyance of certain state 2 lands to the Malone Central School District. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 50. 11 ACTING PRESIDENT FARLEY: The 12 bill is passed. 13 Senator Present, that completes 14 the calendar. 15 SENATOR PRESENT: Mr. President, 16 there will be an immediate meeting of the Rules 17 Committee in Room 332. We will now stand at 18 ease awaiting the Rules report which will be for 19 Monday's calendar. Upon receipt of the Rules 20 report, we shall adjourn until Monday at 2:30 21 p.m. 22 ACTING PRESIDENT FARLEY: The 23 Senate will stand at ease pending the report of 4442 1 the Rules Committee. Then we will adjourn until 2 Monday at the regular hour. 3 (Whereupon, at 1:02 p.m., Senate 4 was at ease. ) 5 (Whereupon, at 1:28 p.m., Senate 6 reconvened with Senator Volker in the chair.) 7 ACTING PRESIDENT VOLKER: Senator 8 Present. 9 SENATOR PRESENT: Mr. President. 10 May I do a little housekeeping first. 11 I wish to call up Senator Sears' 12 bill, Print 3316A, recalled from the Assembly, 13 which is now at the desk. 14 ACTING PRESIDENT VOLKER: 15 Secretary will read it. 16 THE SECRETARY: By Senator Sears, 17 Senate Bill Number 3316A, an act to amend the 18 General Business Law. 19 SENATOR PRESENT: Mr. President, 20 I now move to reconsider the vote by which this 21 bill was passed. 22 ACTING PRESIDENT VOLKER: The 23 Secretary will call the roll on reconsideration. 4443 1 (The Secretary called the roll on 2 reconsideration. ) 3 THE SECRETARY: Ayes 51. 4 ACTING PRESIDENT VOLKER: The 5 bill is before the house. 6 SENATOR PRESENT: Mr. President, 7 the bill now is before the house, and I offer 8 the following amendments. 9 ACTING PRESIDENT VOLKER: 10 Amendments received and adopted. 11 SENATOR PRESENT: Mr. President, 12 can we return to the reports of standing 13 committees. 14 ACTING PRESIDENT VOLKER: Clerk 15 will read. 16 THE SECRETARY: Senator Marino, 17 from the Committee on Rules, reports the 18 following bills directly for third reading: 19 Senate Bill Number 511, by 20 Senator Stavisky, Vehicle and Traffic Law. 21 999A, by Senators Levy and Tully, 22 General Obligations Law. 23 1093, by Senator Daly and others, 4444 1 Environmental Conservation Law. 2 1094, by Senator Daly and others, 3 Environmental Conservation Law. 4 1946B, by Senator Larkin, 5 Administrative Code of the city of New York. 6 2456, by Senator Marchi, 7 Department of Environmental Conservation. 8 3137, by Senator Daly, Public 9 Health Law. 10 4508, by Senator Maltese, 11 Correction Law. 12 4794A, by Senator Daly, Education 13 Law. 14 5693, by Senator Volker, an act 15 to amend the Penal Law. 16 5703, by the Committee on Rules, 17 Public Authorities Law. 18 5709, by the Committee on Rules, 19 reopening of optional 20-year retirement. 20 5710, by the Committee on Rules, 21 to allow certain persons with previous service 22 in public employment. 23 5720, by Senator Masiello, 4445 1 authorize the Commissioner of General Services 2 to sell real property. 3 5723, by Senator Kuhl, Eminent 4 Domain Procedure Law. 5 5731, by Senator Present, General 6 Municipal Law. 7 5732, by Senator Mega, Judiciary 8 Law and the city of New York Civil Court Act. 9 5736, by Senator Bruno, an act to 10 amend the Tax Law. 11 5737, by Senator Hannon, 12 Commissioner of General Services, to sell state 13 armory. 14 5738, by Senator Spano, Vehicle 15 and Traffic Law. 16 5744, by Senator Larkin, 17 authorize the city of Newburgh to issue serial 18 bonds. 19 5748, by Senator Seward, General 20 City Law. 21 5782, by Senator LaValle, 22 Criminal Procedure Law. 23 All bills reported directly for 4446 1 third reading. 2 ACTING PRESIDENT VOLKER: Without 3 objection, third reading. 4 SENATOR PRESENT: Mr. President, 5 there being no further business, I move that we 6 adjourn until Monday, June 7, at 2:30 p.m., 7 intervening days being legislative days. 8 ACTING PRESIDENT VOLKER: Senate 9 adjourned until Monday, June 7, at the regular 10 time, 2:30. 11 (Whereupon, at 1:34 p.m., Senate 12 adjourned.) 13 14 15 16 17 18 19 20 21 22 23