Friday, June 25, 1993

5891 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 25, 1993 11 12:02 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 5892 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 Will you please rise with me for 6 the Pledge of Allegiance to the Flag. 7 (Whereupon, the Senate joined in 8 the Pledge of Allegiance to the Flag. ) 9 Today, in the absence of visiting 10 clergy, may we bow our heads for a moment of 11 silent 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 Thursday, June 24. The Senate met pursuant to 18 adjournment. Prayer by Rabbi Hyman Levine of 19 the Bayside Terrace Jewish Center of Bayside. 20 The Journal of Wednesday, June 23, was read and 21 approved. On motion, Senate adjourned. 22 ACTING PRESIDENT FARLEY: Hearing 23 no objection, the Journal will stand approved as 5893 1 read. 2 The order of business. 3 Presentation of petitions. 4 Messages from the Assembly. 5 Messages from the Governor. 6 Reports of standing committees. 7 Reports of select committees. 8 Communications and reports from 9 state officers. 10 Motions and resolutions. 11 Senator Stachowski. 12 SENATOR STACHOWSKI: Mr. 13 President. On page 7, I offer the following 14 amendments to Calendar 232, Senate Print 289A, 15 and ask that the bill retain its place on the 16 Third Reading Calendar. 17 ACTING PRESIDENT FARLEY: Without 18 objection, the bill will retain its place on the 19 Third Reading Calendar. 20 Senator Trunzo. 21 SENATOR TRUNZO: Mr. President, 22 on page 33, I offer the following amendments to 23 Calendar Number 1314, Senate Print Number 5666A, 5894 1 and ask that the bill retain its place on the 2 Third Reading Calendar. 3 ACTING PRESIDENT FARLEY: The 4 bill will retain its place on the Third Reading 5 Calendar. 6 Senator Spano. 7 SENATOR SPANO: Mr. President. 8 On behalf of Senator DeFrancisco, I wish to call 9 up his bill, Print Number 3716, recalled from 10 the Assembly, which is now at the desk. 11 ACTING PRESIDENT FARLEY: 12 Secretary will read it. 13 THE SECRETARY: By Senator 14 DeFrancisco, Senate Bill Number 3716, an act to 15 amend the Military Law. 16 SENATOR SPANO: I move to 17 reconsider the vote by which the bill was 18 passed. 19 ACTING PRESIDENT FARLEY: The 20 Secretary will call the roll on reconsideration. 21 (The Secretary called the roll on 22 reconsideration. ) 23 THE SECRETARY: Ayes 35. 5895 1 ACTING PRESIDENT FARLEY: The 2 bill is before the house. 3 Senator Spano. 4 SENATOR SPANO: I offer the 5 following amendments. 6 ACTING PRESIDENT FARLEY: 7 Amendments received. The bill will retain its 8 place. 9 SENATOR SPANO: On behalf of 10 Senator Holland, I wish to call up his bill, 11 Print Number 5147, recalled from the Assembly, 12 which is now at the desk. 13 ACTING PRESIDENT FARLEY: 14 Secretary will read it. 15 THE SECRETARY: By Senator 16 Holland, Senate Bill 5147, an act to amend the 17 Public Authorities Law. 18 SENATOR SPANO: Move to 19 reconsider the vote by which the bill was 20 passed. 21 ACTING PRESIDENT FARLEY: The 22 Secretary will call the roll on reconsideration. 23 (The Secretary called the roll on 5896 1 reconsideration. ) 2 THE SECRETARY: Ayes 36. 3 ACTING PRESIDENT FARLEY: The 4 bill is before the house. 5 Senator Spano. 6 SENATOR SPANO: Offer the 7 following amendments. 8 ACTING PRESIDENT FARLEY: 9 Amendments received. The bill will retain its 10 place. 11 SENATOR SPANO: On behalf of 12 Senator Libous, I wish to call up his bill, 13 4636, recalled from the Assembly, which is now 14 at the desk. 15 ACTING PRESIDENT FARLEY: 16 Secretary will read it. 17 THE SECRETARY: By Senator 18 Libous, Senate Bill Number 4636, an act to amend 19 the Vehicle and Traffic Law. 20 SENATOR SPANO: Move to 21 reconsider the vote by which the bill was 22 passed. 23 ACTING PRESIDENT FARLEY: The 5897 1 Secretary will call the roll on reconsideration. 2 (The Secretary called the roll on 3 reconsideration. ) 4 THE SECRETARY: Ayes 37. 5 ACTING PRESIDENT FARLEY: The 6 bill is before the house. 7 Senator Spano. 8 SENATOR SPANO: Offer the 9 following amendments. 10 ACTING PRESIDENT FARLEY: 11 Amendments are received. The bill will retain 12 its place. 13 Senator Tully. 14 SENATOR TULLY: Yes, Mr. 15 President. On behalf of Senator Hannon, on page 16 4, I offer the following amendments to Calendar 17 Number 59, Senate Print Number 279A, and ask 18 that said bill retain its place on the Third 19 Reading Calendar. 20 ACTING PRESIDENT FARLEY: Without 21 objection, it will so happen. 22 SENATOR TULLY: Mr. 23 President. 5898 1 On behalf of Senator Daly, on page number 33, I 2 offer the following amendments to Calendar 3 Number 1313, Senate Print Number 5253, and ask 4 that said bill retain its place on the Third 5 Reading Calendar. 6 ACTING PRESIDENT FARLEY: Without 7 objection, the bill will retain its place. 8 Senator Libous. 9 SENATOR LIBOUS: Mr. President, 10 on behalf of Senator Levy, I wish to call up 11 Print Number 193, recalled from the Assembly, 12 which is now at the desk. 13 ACTING PRESIDENT FARLEY: 14 Secretary will read it. 15 THE SECRETARY: By Senator Levy, 16 Senate Bill Number 193, an act to amend the 17 Railroad Law and the Public Authorities Law. 18 SENATOR LIBOUS: Mr. President, I 19 now move to reconsider the vote by which this 20 bill was passed. 21 ACTING PRESIDENT FARLEY: The 22 Secretary will call the roll on reconsideration. 23 (The Secretary called the roll on 5899 1 reconsideration. ) 2 THE SECRETARY: Ayes 38. 3 ACTING PRESIDENT FARLEY: The 4 bill is before the house. 5 Senator Libous. 6 SENATOR LIBOUS: I offer up the 7 following amendments. 8 ACTING PRESIDENT FARLEY: 9 Amendments are received. The bill will retain 10 its place. 11 Are there any other motions on 12 the floor? 13 (There was no response. ) 14 Seeing none, we have some 15 substitutions, Senator Present. We will do those 16 at your pleasure. 17 SENATOR PRESENT: You may. 18 THE SECRETARY: On page 32, 19 Senator Onorato moves to discharge the Committee 20 on Rules from Assembly Bill Number 2666 and 21 substitute it for the identical Third Reading 22 1305. 23 ACTING PRESIDENT FARLEY: 5900 1 Substitution ordered. 2 THE SECRETARY: On page 33, 3 Senator Sears moves to discharge the Committee 4 on Rules from Assembly Bill Number 374 and 5 substitute it for the identical Third Reading 6 1309. 7 ACTING PRESIDENT FARLEY: 8 Substitution is ordered. 9 THE SECRETARY: Also on page 33, 10 Senator Spano moves to discharge the Committee 11 on Rules from Assembly Bill Number 1390B and 12 substitute it for the identical Third Reading 13 1310. 14 ACTING PRESIDENT FARLEY: 15 Substitution ordered. 16 THE SECRETARY: And on page 33, 17 Senator Saland moves to discharge the Committee 18 on Rules from Assembly Bill Number 7911A and 19 substitute it for the identical Third Reading 20 1315. 21 ACTING PRESIDENT FARLEY: 22 Substitution is ordered. 23 Senator Present. It's your call. 5901 1 SENATOR PRESENT: Let's take the 2 non-controversial calendar, please. 3 ACTING PRESIDENT FARLEY: 4 Non-controversial. The Secretary will read. 5 THE SECRETARY: On page 4, 6 Calendar Number 102, by Senator Bruno. 7 SENATOR STACHOWSKI: Lay it 8 aside. 9 ACTING PRESIDENT FARLEY: Lay 10 that bill aside. 11 THE SECRETARY: Calendar Number 12 180, by Senator Spano, Senate Bill Number 1987B, 13 an act to amend the Civil Service 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 38. 22 ACTING PRESIDENT FARLEY: The 23 bill is passed. 5902 1 THE SECRETARY: On page 7, 2 Calendar Number 314, by Senator DeFrancisco, 3 Senate Bill Number 3513A, an act to amend the 4 Real Property Tax 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 38. 13 ACTING PRESIDENT FARLEY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 395, by Senator Kuhl, Senate Bill Number 3414B, 17 an act to amend the Agriculture and Markets Law. 18 SENATOR PRESENT: Lay it aside 19 for the day. 20 ACTING PRESIDENT FARLEY: Lay 21 that bill aside for today. 22 THE SECRETARY: Calendar Number 23 595, by Senator Kuhl, Senate Bill Number 2667B, 5903 1 an act to amend the Navigation Law. 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 38. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Excuse me. Ayes 13 37, nays 1. Senator Nozzolio recorded in the 14 negative. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 832, by Senator Cook, Senate Bill Number 2915A, 19 an act to amend the Social Services Law. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 5904 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 40. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 894, by member of the Assembly Murtagh, Assembly 9 Bill Number 6199A, an act to amend the Mental 10 Hygiene Law. 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 38. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 921, by member of the Assembly Hevesi, Assembly 23 Bill Number 7189A, an act to amend the Education 5905 1 Law. 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 40. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 972, by the Senate Committee on Rules, Senate 14 Bill Number - 15 SENATOR STACHOWSKI: Lay it 16 aside. 17 ACTING PRESIDENT FARLEY: Lay 18 that bill aside. 19 THE SECRETARY: Calendar Number 20 1158, by member of the Assembly Connelly, 21 Assembly Bill Number - 22 SENATOR STACHOWSKI: Lay it 23 aside. 5906 1 SENATOR PRESENT: Lay that bill 2 aside for today. 3 ACTING PRESIDENT FARLEY: Lay 4 that bill aside for today. 5 THE SECRETARY: Calendar Number 6 1251, by Senator Lack. 7 SENATOR PRESENT: Lay it aside 8 for the day. 9 ACTING PRESIDENT FARLEY: Lay 10 that bill aside for today. 11 THE SECRETARY: Calendar Number 12 1255, by Senator Holland. 13 SENATOR HOLLAND: Star the bill, 14 please. 15 ACTING PRESIDENT FARLEY: Star 16 the bill. 17 THE SECRETARY: Calendar Number 18 1260, by the Senate - 19 SENATOR PRESENT: Lay it aside 20 for today. 21 ACTING PRESIDENT FARLEY: Lay it 22 aside for today. 23 THE SECRETARY: Calendar Number 5907 1 1267, by Senator Holland, Senate Bill Number 2 1779A, amends Chapter 537 of the Laws of 1976. 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 38, nays 2, 11 Senators Cook and Pataki recorded in the 12 negative. 13 ACTING PRESIDENT FARLEY: That 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1293 -- Calendar Number 1293, by Senator 17 Sheffer, Senate Bill Number 5835A, authorizing 18 the village of LeRoy, county of Genesee, to 19 discontinue the use of certain park lands. 20 ACTING PRESIDENT FARLEY: There 21 is a home rule message here at the desk. 22 Read the last section. 23 THE SECRETARY: Section 2. This 5908 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 40. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1295, by Senator Mega, Senate Bill Number - 10 SENATOR STACHOWSKI: Lay it 11 aside. 12 ACTING PRESIDENT FARLEY: Lay 13 that bill aside. 14 THE SECRETARY: Calendar Number 15 1302, by Senator Tully, Senate Bill Number 26A, 16 an act to amend the Public Health Law. 17 ACTING PRESIDENT FARLEY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FARLEY: Call 22 the roll. 23 (The Secretary called the roll. ) 5909 1 THE SECRETARY: Ayes 41. 2 ACTING PRESIDENT FARLEY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1304, by Senator Johnson, Senate Bill Number 6 1568, an act to amend the Tax Law. 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 41. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1305, substituted earlier today, by member of 19 the Assembly Nolan, Assembly Bill Number 2666, 20 authorizing the city of New York to reconvey its 21 interest in certain real property. 22 ACTING PRESIDENT FARLEY: Senator 23 Onorato has a home rule message at the desk. 5910 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 41. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1306, by Senator Spano, Senate Bill Number - 12 SENATOR STACHOWSKI: Lay it 13 aside. 14 ACTING PRESIDENT FARLEY: Lay 15 that bill aside. 16 THE SECRETARY: Calendar Number 17 1307, by Senator Skelos, Senate Bill Number 18 3110, an act to amend the General Business Law, 19 in relation to the license fee for private 20 investigators. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 5911 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 41. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1308, by Senator LaValle, Senate Bill Number 10 3176. 11 SENATOR PRESENT: Lay it aside 12 for the day. 13 ACTING PRESIDENT FARLEY: Lay it 14 aside for today. 15 THE SECRETARY: Calendar Number 16 1309, substituted earlier today, by member of 17 the Assembly Bragman, Assembly Bill Number 374, 18 an act to amend the Agriculture and Markets Law. 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 5912 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 41. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1310, substituted earlier today, by member of 8 the Assembly Sanders. 9 SENATOR STACHOWSKI: Lay it 10 aside. 11 ACTING PRESIDENT FARLEY: Lay it 12 aside. 13 THE SECRETARY: Calendar Number 14 1312, by Senator Tully, Senate Bill Number 4247, 15 authorizing the assessor of the county of Nassau 16 to accept an application for exemption. 17 ACTING PRESIDENT FARLEY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FARLEY: Call 22 the roll. 23 (The Secretary called the roll. ) 5913 1 THE SECRETARY: Ayes 44. 2 ACTING PRESIDENT FARLEY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1315, substituted earlier today, by the Assembly 6 Committee on Rules, Assembly Bill Number 7911A, 7 an act to amend the Agriculture and Markets Law 8 and the Environmental Conservation Law. 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 44. 17 ACTING PRESIDENT FARLEY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1316, by Senator Johnson, Senate Bill Number - 21 SENATOR STACHOWSKI: Lay it 22 aside. 23 SENATOR JOHNSON: Lay it aside 5914 1 for amendment. 2 ACTING PRESIDENT FARLEY: Lay it 3 aside for today. 4 THE SECRETARY: Calendar Number 5 1317, by Senator Padavan. 6 SENATOR PRESENT: Lay it aside 7 for the day. 8 ACTING PRESIDENT FARLEY: Lay 9 that bill aside for today. 10 THE SECRETARY: Calendar Number 11 1318, by Senator Trunzo, Senate Bill Number 12 5921, an act to amend Chapter 509 of the Laws of 13 1992. 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 44. 22 ACTING PRESIDENT FARLEY: The 23 bill is passed. 5915 1 THE SECRETARY: Calendar Number 2 1319, by Senator Maltese, Senate Bill Number 3 5959, an act to amend the Civil Service Law. 4 ACTING PRESIDENT FARLEY: Senator 5 Maltese has a home rule message at the desk. 6 Read 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 44. 13 ACTING PRESIDENT FARLEY: The 14 bill is passed. 15 Senator Present, that's the first 16 time through. 17 SENATOR PRESENT: Mr. President. 18 Let's take up the controversial calendar please. 19 Will you recognize Senator 20 Saland. 21 ACTING PRESIDENT FARLEY: Senator 22 Saland. 23 SENATOR SALAND: Mr. President, I 5916 1 would like unanimous consent to be recorded in 2 the negative on Calendar 1267, Senate Bill 3 1779A. 4 ACTING PRESIDENT FARLEY: Without 5 objection, you're in the negative. 6 Senator Seward. 7 SENATOR SEWARD: Mr. President, 8 if we could return to motions for just a 9 moment. I would like to place a sponsor star on 10 Calendar Number 751 and Calendar Number 769. 11 ACTING PRESIDENT FARLEY: 751 and 12 769 are starred at the request of the sponsor. 13 SENATOR SEWARD: Thank you. 14 ACTING PRESIDENT FARLEY: You're 15 welcome. 16 Controversial. The Secretary 17 will read. 18 THE SECRETARY: On page 4, 19 Calendar Number 102, by Senator Bruno. 20 SENATOR PRESENT: Lay it aside. 21 ACTING PRESIDENT FARLEY: Lay it 22 aside for the day, Senator Present? 23 SENATOR PRESENT: Yes. 5917 1 ACTING PRESIDENT FARLEY: Yes. 2 THE SECRETARY: Calendar Number 3 972, by the Senate Committee on Rules, Senate 4 Bill Number 57 - 5 SENATOR STACHOWSKI: Lay it aside 6 temporarily. 7 SENATOR PRESENT: Lay it aside 8 temporarily. 9 ACTING PRESIDENT FARLEY: Lay it 10 aside temporarily. 11 THE SECRETARY: Calendar Number 12 1295, by Senator Mega, Senate Bill Number 5841A, 13 proposing an amendment to the Constitution. 14 SENATOR STACHOWSKI: Lay that 15 bill aside temporarily. 16 SENATOR PRESENT: Temporarily lay 17 that bill aside. 18 ACTING PRESIDENT FARLEY: Lay 19 that bill aside temporarily. 20 SENATOR MEGA: Mr. President. 21 ACTING PRESIDENT FARLEY: Senator 22 Mega. 23 SENATOR MEGA: May I ask you 5918 1 question? Is the bill being laid aside for 2 debate? 3 SENATOR STACHOWSKI: No, no, just 4 temporarily. 5 SENATOR MEGA: Will there be a 6 slow roll call on the bill? 7 SENATOR STACHOWSKI: I don't 8 know. Senator Gold had some questions. 9 SENATOR MEGA: I have no 10 objection. 11 ACTING PRESIDENT FARLEY: Lay it 12 aside temporarily. 13 THE SECRETARY: Calendar Number 14 1306, by Senator Spano, Senate Bill Number 15 2020A, an act to amend the Mental Hygiene Law. 16 SENATOR STACHOWSKI: Explanation. 17 SENATOR SPANO: Mr. President. 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. 5919 1 SENATOR STACHOWSKI: Explanation. 2 ACTING PRESIDENT FARLEY: I 3 didn't hear you. 4 Explanation. Senator Spano. 5 SENATOR SPANO: Mr. President. 6 This bill establishes a new section of law in 7 the Mental Hygiene Law entitled, "The Community 8 Mental Health Reinvestment Program." This is an 9 issue that many of us have been talking about 10 this entire session, where we are finally to the 11 point where the Legislature will be passing a 12 measure that will finally capture savings of the 13 closure of psychiatric centers and reinvest 14 those savings into building the other part of 15 the equation, which is the community-based 16 system care in our communities. 17 We have seen over the past 18 several years the census at the psychiatric 19 centers reduced from, in 1987, some 20,000 20 patients to 12,000 patients in 1992. We're 21 looking at -- the census will probably be 22 reduced between 6,000 and 8,000 patients by the 23 year 2000. 5920 1 The one part -- the one part of 2 the commitment that has not been set is that the 3 money that has been saved from the closures has 4 not been reinvested into the community. The 5 money has not followed the patients into the 6 community where they are. 7 So right now, we are a very 8 lopsided equation, with the majority of the 9 money being spent in institutional care while 10 the majority of the patients are in fact out in 11 the community who are becoming a burden not only 12 to local governments but to neighborhoods, as 13 well, where we have seen time and time again of 14 individuals, because of the lack of a 15 community-based system of care who have been 16 terrorizing neighborhoods all across the state 17 of New York. 18 This program would result in 19 nearly a billion dollars of community 20 reinvestment over the next five years. We have 21 established a formula, a formula that is based 22 on the census reduction figures that have been 23 presented to us as a part of the five-year plan 5921 1 of the Office of Mental Health. And based on 2 those numbers, we have put together a program 3 that would provide for a number of in-patient 4 and emergency out-patient case managements, 5 residential community support programs all for 6 the mentally ill in our communities. 7 And at the same time we have paid 8 special recognition to the issue of the 9 patient/staff ratio within the psychiatric 10 centers right now in the state of New York. So 11 a certain percentage of this reinvestment money 12 will also go to improving the patient -- the 13 staff ratios which will improve quality of care 14 in our institutions as well as ensure that the 15 employees who work on a regular basis in our 16 facilities all across the state will work in a 17 very safe environment. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 SENATOR LEICHTER: Mr. President. 21 ACTING PRESIDENT FARLEY: 22 Whoops! Senator Leichter. 23 SENATOR LEICHTER: Will Senator 5922 1 Spano yield, please. 2 SENATOR SPANO: Sure. 3 SENATOR LEICHTER: Oh, I'm sorry. 4 I'll yield to Senator Galiber. 5 SENATOR GALIBER: That's all 6 right. I just wonder how you got to Leichter 7 over me? 8 ACTING PRESIDENT FARLEY: I 9 thought you both jumped up at the same time, and 10 guess who I saw first. 11 Senator Galiber, you've got the 12 floor. He's yielded. 13 (Discussion off the record 14 wherein Senator Galiber yielded to Senator 15 Leichter. ) 16 SENATOR LEICHTER: Okay. Senator 17 Spano, if you would be so good as to yield. 18 SENATOR SPANO: Yes. 19 SENATOR LEICHTER: Senator, I was 20 a sponsor of the original bill. We are now 21 dealing with the "A" version. 22 One of my concerns is, Senator, 23 that, as I understand it, the amended bill with 5923 1 a revised formula for the allocation provides 2 less money to the city of New York. And let me 3 just explain my concern not just because I'm 4 from the city of New York but because I think we 5 will all agree that the need in the city of New 6 York is probably greater than it is anywhere 7 else in the state, more of the institutionalized 8 people come from or end up in the city of New 9 York. 10 We have a terrible problem in the 11 city of New York. We like the idea of sending 12 monies to communities to deal with people who 13 are in need of these services. But are you 14 directing the money in a fashion which 15 discriminates against that community which has 16 the greatest need? 17 SENATOR SPANO: The first bill 18 that we introduced, Senator Leichter, is a bill 19 that would have resulted in about 50 percent of 20 the money going to the city of New York. Our 21 calculations show that this bill roughly about 22 51, 52 percent of the money would go to the city 23 of New York, as well. 5924 1 So it doesn't represent a 2 significant -- if anything, the second version a 3 little bit more money will go into New York 4 City. They get -- roughly, we go through it on 5 page 8 of the bill. It has the breakdown of the 6 -- you know, 40 percent of prevalence, 20 7 percent, or 50 percent of that, does go to the 8 city. The unmet need, 25 percent of that goes 9 to the city. The targeted closure, part of that 10 goes to the city as well. 11 So we were very sensitive to the 12 fact that the need, of course, does exist in the 13 city of New York and make sure that that money 14 is put into that area. 15 SENATOR LEICHTER: Senator Spano, 16 but it is my understanding and I think if I 17 understood your answer that you just confirmed 18 that there is a cap in the amended version. I 19 guess a cap of 40 percent overall that goes to 20 areas with the prevalence of mental illness, and 21 the result of that is you take one half of the 22 amount that's now capped at 40 percent and send 23 it to the city of New York. You are certainly 5925 1 giving less than you did under the "A" version. 2 SENATOR SPANO: But that is not 3 -- that is not -- we shouldn't look at that as 4 a cap, Senator. That 40 percent is related to 5 the prevalence, which is the highest number of 6 individuals in need of psychiatric care and 7 where they are. This 40 percent is an 8 appropriation, not a limit but an appropriation 9 or an allocation of 40 percent to the city of 10 New York, and there are a number of other 11 allocations in here. 12 There is an additional 20 percent 13 that goes to the unmet need, the areas of unmet 14 need across the state, another 4 percent that 15 goes to the targeted closure areas or areas 16 where psychiatric centers will be closed; 4 17 percent of that money will go to build community 18 programs there, as well. And then there's 36 19 percent that is left at the discretion of the 20 Commissioner based on a number of criteria that 21 are listed in the bill. 22 So that 40 percent is only one 23 part of it, but we shouldn't look at that as 40 5926 1 percent, 20 percent of which goes to the city of 2 New York, which is accurate, but New York City 3 also receives portions of the other 4 appropriations, as well. 5 SENATOR LEICHTER: Senator, you 6 say it's not a cap but it works as a cap, that 7 40 percent; and so, clearly, within that 40 8 percent, New York gets 20; whereas, in the 9 original bill, you had I think the need or the 10 criteria consideration which drove money to 11 areas where the high prevalence of mental 12 illness was 60 percent. So it seems to me 13 fairly clear just mathematically -- and I want 14 to hasten to add I'm not particularly 15 knowledgeable in this area, and I appreciate 16 your leadership, by the way. I think it's 17 important, and it has been helpful. 18 But it does seem to me we are 19 looking at a likely decline in money to New York 20 City which is of concern, and I hasten to add 21 again not because I am from New York City but I 22 think we all agree that there is the greatest 23 need there. 5927 1 SENATOR SPANO: And, Senator 2 Leichter, when you talk about the 60 percent, 3 under the first bill New York City would get 30 4 percent of that 60 percent. On this bill on the 5 40 percent prevalence, which is not a cap but 6 which is an appropriation, what we have also 7 done, as you look through it, as you run through 8 the appropriations, the city of New York 9 continues to receive a certain percentage of 10 each part of those allocations. 11 So we'll get 20 percent of the 12 prevalence. On the unmet need or estimating 13 that 15 percent of that unmet need will be going 14 to the city of New York, and then of the 15 Commissioner's discretionary money, which is 36 16 percent, we're expecting that some 18 percent 17 will be going to the city of New York from that, 18 as well, so we are well over -- well, we're at 19 53 percent of the money that will be going to 20 the city. 21 SENATOR LEICHTER: Senator, one 22 thing that was just pointed out to me that under 23 the original bill, where you had the 60 percent, 5928 1 the language there said that no less than half 2 shall be allocated to New York City. So under 3 that bill, the city of New York could have 4 gotten more than 30 percent. But the bill as 5 it's been amended takes 40 and says no more than 6 one half. So under that bill you do cap the 7 city of New York. It gets only 20 percent under 8 that particular - 9 SENATOR SPANO: Only, Senator, 10 because under the original bill that was the 11 only method of distribution. Under this new 12 bill, we have established different criteria for 13 distribution of the money which results in more 14 money to the city of New York in total. And 15 also on the first bill, it was a very ambitious 16 program that was put together by the mental 17 health networks, but it was over $800 million 18 which I would love -- and I know that you share 19 that same sensitivity -- would love to be able 20 to come through with a program like that, but 21 this is a bill that hopefully the Governor will 22 find more acceptable that appropriates a little 23 more than $45 million per year. 5929 1 SENATOR LEICHTER: Senator, I 2 hear what you say. I'm told that the Assembly 3 believes that your bill will provide less money 4 to an area of great need such as New York City. 5 I hope you're correct. I will accept your 6 statement that the amended version is not 7 intended to provide less money for New York City 8 and will not provide less money. I hope very 9 much that you are correct on it, and I will 10 accept your statement. And should this bill 11 become law -- and I understand at the present 12 time this is part of the negotiating dance. But 13 should it become law, I hope that you will make 14 sure that your intent to see that areas of need 15 like New York City receive their appropriate 16 share will be implemented. 17 Let me ask you a question which I 18 have been asked to pose to you; and that is, 19 that I understand that the cost of this bill 20 would be approximately $45.5 million in the 21 current year, and the question is how are we 22 going to provide for that since there's no 23 provision for that in the fiscal plan. 5930 1 SENATOR SPANO: The cost of $45.5 2 million a year is all based on the savings 3 occurred as a result of census reduction. If 4 you noticed in the bill, Senator, we are 5 following along the census reduction projections 6 of the Office of Mental Health, which is roughly 7 700 beds per year. We take that 700 beds and 8 multiply it by $65,000 per bed, and we come up 9 with the total figure. 10 SENATOR LEICHTER: Well, again, 11 Senator, I rely on your expertise in this area. 12 I hope you are correct. I know over the years I 13 have learned to become a little suspicious when 14 a bill that obviously has a dollar amount to it 15 and somebody says, "Don't worry, the money is 16 going to come from savings somewhere else." I 17 can accept intellectually what you are saying. 18 I hope that will be the case, and I thank you 19 for your answers. 20 (Whereupon, Senator Padavan was 21 in the chair. ) 22 ACTING PRESIDENT PADAVAN: Read 23 the last section. 5931 1 THE SECRETARY: Section 16. This 2 act shall take effect immediately. 3 (The Secretary called the roll. ) 4 SENATOR GOLD: Mr. President. 5 ACTING PRESIDENT PADAVAN: 6 Senator Gold. 7 SENATOR GOLD: I'm sorry. Could 8 you withdraw the roll call. Senator Galiber - 9 ACTING PRESIDENT PADAVAN: 10 Senator Galiber. 11 SENATOR GALIBER: The other 12 president recognized me. 13 ACTING PRESIDENT PADAVAN: Will 14 you please withdraw the roll call. 15 SENATOR GALIBER: Yes. Senator 16 Spano, could you tell me what will this mean to 17 Mount Vernon, strange as it may seem to you from 18 my old perspective? 19 SENATOR SPANO: Knowing your 20 sensitivity to Westchester County, Senator, I 21 will be happy to explain that. 22 To cities like Mount Vernon and 23 cities that are outside of the city of New York, 5932 1 there would -- they would have parts of this 2 money that could be proposed to them. 3 Number 1, we had said that the 4 prevalence figure, the 40 percent of the money 5 that is -- that goes to the areas where the 6 highest need; 20 percent of that would go to the 7 city of New York. The other 20 percent of that 8 money could be appropriated to other communities 9 outside the city. Mount Vernon would benefit 10 from the targeted closure piece because the city 11 of Mount Vernon is an area that is directly 12 affected by the closure of Harlem Valley 13 Psychiatric Center because Mount Vernon falls 14 within that catchment area for Harlem Valley. 15 So that would be 4 percent. 16 SENATOR GALIBER: That would be 4 17 percent of the total closure which calls for 40 18 percent of the 45 million to be appropriated. 19 SENATOR SPANO: Four percent of 20 45 million. 21 SENATOR GALIBER: Four percent. 22 SENATOR SPANO: Now, in addition 23 to that 4 percent, though, the other parts of 5933 1 this bill or the other allocations in this bill, 2 are the Commissioner's discretionary money, the 3 prevalence money, all of that could go to the 4 city of Mount Vernon. 5 By the way, Senator Galiber, as 6 you are probably aware, Mount Vernon already has 7 received a positive signal; whereas, the Office 8 of Mental Health granted the certificate of need 9 for 22 additional beds in the Mount Vernon 10 hospital to handle psychiatric in-patient care 11 so that they are spending money there right now. 12 SENATOR GALIBER: Fine. Let me 13 jump across the border and come back to the 14 other district that I represent. The point that 15 you made in the course of your explanation -- I 16 appreciate it -- is that it is conceivable that 17 Mount Vernon, who is locked into 4 percent of 18 the closure money -- okay? 19 SENATOR SPANO: A portion of the 20 4 percent. 21 SENATOR GALIBER: A portion of 22 the 4 percent of the $45 million which is 23 appropriated. If in the discretion of the 5934 1 Commissioner, he decides that 36 percent of the 2 discretionary money -- can you hear me? 3 SENATOR SPANO: It's your 4 Minority Leader that's - 5 SENATOR GALIBER: Oh, don't blame 6 him. It's all right. It's Friday, Mr. 7 President. Let me ask. Let me try again. 8 The point being that that as I 9 shift over geographically, into another 10 government, by the way, we find that based on 11 the amended formula that the 36 percent 12 discretionary money that now the Commissioner 13 has which he did not have in the original 14 because the original formula was different. 15 SENATOR SPANO: Right. 16 SENATOR GALIBER: In the original 17 bill, obviously, for those of us who look with 18 suspect from the other geographical area, that 19 it's conceivable that New York could be the 20 loser as a result of the "A" form if in fact the 21 discretionary money, the 36 percent that the 22 Commissioner has, he can make or she can make 23 her mind up to channel that money other places 5935 1 than New York, depending on the factors that are 2 involved. 3 SENATOR SPANO: On the 4 Commissioneer's discretionary money, we have set 5 forth criteria in the bill. There are six 6 factors that the Commissioner would have to take 7 into account and if in fact any communities do 8 fall within that criteria, yes, the Commissioner 9 can make that appropriation. 10 SENATOR GALIBER: I understand 11 that. But it is conceivable that as a result of 12 this discretionary formula, and I repeat, of 36 13 percent, the discretion where the Commissioner 14 says we have criteria of six variables and you 15 take those variables then you are eligible for 16 my discretionary money, taking all that into 17 consideration, isn't it a fact that it's 18 conceivable that the city of New York, based on 19 the given criteria, could be excluded from that 20 discretionary money? 21 SENATOR SPANO: No. 22 SENATOR GALIBER: Tell me why. 23 SENATOR SPANO: When you look at 5936 1 the criteria, Senator Galiber, and you go 2 through each part of that criteria, the city of 3 New York scores very, very high in each area 4 that would result, in our estimate, of at least 5 half of that money probably going right into the 6 city. They've got a high number of Medicaid 7 patients. It's according to the state aid of 8 local government unit share of funding, which is 9 high. And all of that. It's according to the 10 residents in the city, as well. So each part of 11 this gives an equal shot to the city of New York 12 for their appropriation. 13 SENATOR GALIBER: But you would 14 agree that the equal opportunity in this narrow 15 sense of the legislation, New York City would be 16 better off under the "A" formula where they are 17 guaranteed a percentage. 18 SENATOR SPANO: No. 19 SENATOR GALIBER: Fifty percent. 20 SENATOR SPANO: No, Senator. 21 SENATOR GALIBER: It would not? 22 SENATOR SPANO: Because we have 23 established other criteria for appropriation in 5937 1 this bill. The first part of it, the city of 2 New York gets half of that first 40 percent. Of 3 the unmet need, the city of New York would get 4 part of that 20 percent. Targeted closure, the 5 city of New York would get part of that, and 6 then the 36 percent. 7 So if you are looking at just one 8 36 percent without looking at the entire bill, 9 you can make that argument but not when you take 10 into consideration everything. 11 SENATOR GALIBER: No, I'm looking 12 -- I think I am, anyway. I can be corrected, 13 of course. But I'm looking at the entire 14 formula. And I understand where the closure is 15 involved there is a criteria, which I have in my 16 hand here, which in theory or perhaps I would 17 like to think in actuality that the city of New 18 York would be a prime beneficiary of the 19 discretionary money in that category. 20 What troubles me is that - 21 SENATOR SPANO: Senator Galiber, 22 if I can interrupt you for a second. 23 SENATOR GALIBER: Of course. 5938 1 SENATOR SPANO: There is probably 2 no other community in the state of New York that 3 would receive as high a percentage of this money 4 than the city of New York, and rightfully so, I 5 might add, because that's where the highest 6 percentage of the need is, in the city of New 7 York with the homelessness and all the other 8 problems that you know far better than I. 9 SENATOR GALIBER: Well, you can 10 understand those of us who live in the city of 11 New York and represent a portion of it have gone 12 through an experience historically where some of 13 the outer areas are just beginning to feel some 14 of the impact. Unfortunately, the tragedy that 15 occurred early on. 16 On the bill, and thank you, 17 Senator. 18 On the bill, Mr. President. 19 There are those of us who have looked upon this 20 entire area with deep concern. I don't doubt 21 for one moment that those who question -- those 22 of us who question New York City's fair share, 23 if you will, make sure that this large 5939 1 metropolis is part of any formula especially in 2 this category. 3 There are those of us who here 4 were very happy, Senator, some years back. You 5 might have been in the Assembly or maybe you 6 hadn't even gotten to the Legislature yet, I'm 7 not sure, that we finally closed down the 8 Willowbrook situation and got rid of it. We 9 were happy to see in that Willowbrook decision, 10 where they hid people in the back rooms who 11 could function on the outside with some support 12 systems, and finally we were able to do that; 13 and as a result of that decree, we found a lot 14 of persons who are out now in the streets of New 15 York, people on the outside with some supports 16 -- certainly not enough. 17 Initially, as we moved in that 18 direction, it's my understanding that some of 19 our institutions started to think in terms of 20 not just about the cost of keeping but the cost 21 in terms of benefit to those persons who were 22 the recipients, and we broke institutions for 23 the first time down into smaller groups, in 5940 1 saying that we could better service these people 2 with supports by having community-based sorts of 3 services rendered to them. 4 And you recall, I'm sure, because 5 I go a few years forward from that decree and 6 I'm sure you were here at the time, where we 7 have been fighting systematically to have in our 8 budget each year when they threatened to close 9 down these small kind of support areas rather 10 than large institutions as we started to break 11 them down, and then we wake up this year and we 12 find that there is closure taking place, that 13 there is no money for all these good things that 14 we intended. And those of us from the city of 15 New York and Mount Vernon is close enough and 16 near enough, if you will, to the city of New 17 York to be concerned any time -- any time that 18 things flow from Albany, where monies are 19 involved and there is discretionary factors 20 involved, however clearly -- however clearly 21 they are defined, that the city of New York, as 22 long as we find discretion which is not in the 23 city of New York, we become the losers. 5941 1 So, Senator, I bring this to the 2 attention for the record and I know of your 3 sincere interest. And when they change formulas 4 as we have here in the "A" version, I would only 5 hope that it does not work as a detriment of the 6 city of New York where you yourself and based on 7 the criteria in the discretionary category of 36 8 percent of the $45 million, that certainly New 9 York City should be a prime beneficiary. 10 So I'm voting for the bill, and I 11 just wanted the sponsor to know about concerns 12 in the city of New York, that we questioned 13 whether in that discretionary category whether 14 we will be the primary beneficiary or a third 15 category beneficiary when there is no money left 16 in that discretionary category. 17 Thank you, Mr. President. 18 ACTING PRESIDENT PADAVAN: Read 19 the last section. 20 THE SECRETARY: Section 16. This 21 act shall take effect immediately. 22 ACTING PRESIDENT PADAVAN: Call 23 the roll. 5942 1 (The Secretary called the roll. ) 2 ACTING PRESIDENT PADAVAN: 3 Results. 4 Senator Galiber in the negative. 5 Senator Ohrenstein in the negative. 6 THE SECRETARY: Ayes 46, nays 3. 7 Senators Galiber, Ohrenstein and Waldon recorded 8 in the negative. 9 ACTING PRESIDENT PADAVAN: The 10 bill is passed. 11 Senator Present. 12 SENATOR PRESENT: Call up 13 Calendar 972, please. 14 ACTING PRESIDENT PADAVAN: The 15 Secretary will read Calendar 972. 16 THE SECRETARY: Calendar Number 17 972, by the Senate Committee on Rules, Senate 18 Bill Number 5710A, an act to allow certain 19 persons with previous service in public 20 employment within the county of Suffolk. 21 ACTING PRESIDENT PADAVAN: Read 22 the last section. 23 THE SECRETARY: Section 2. This 5943 1 act shall take effect immediately. 2 ACTING PRESIDENT PADAVAN: Call 3 the roll. 4 (The Secretary called the roll. ) 5 ACTING PRESIDENT PADAVAN: 6 Results. 7 THE SECRETARY: Ayes 46, nays 3, 8 Senators Galiber, Gold and Leichter recorded in 9 the negative. 10 ACTING PRESIDENT PADAVAN: The 11 bill is passed. 12 Senator Present, shall we 13 continue the controversial? 14 SENATOR PRESENT: Regular order, 15 please. 16 ACTING PRESIDENT PADAVAN: 17 Regular order, controversial. 18 THE SECRETARY: Calendar Number 19 1310, substituted earlier today, by member of 20 the Assembly Sanders, Assembly Bill Number 21 1390B, an act to amend the Vehicle and Traffic 22 Law, in relation to reports of motor vehicle 23 accidents. 5944 1 ACTING PRESIDENT PADAVAN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT PADAVAN: Call 6 the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 49. 9 ACTING PRESIDENT PADAVAN: The 10 bill is passed. 11 Senator Present. That completes 12 the controversial; however, I do have some 13 motions. 14 SENATOR PRESENT: How about 15 Calendar 1295. 16 ACTING PRESIDENT PADAVAN: 1295. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1295, by Senator Mega, Senate Bill Number 5841A, 20 proposing an amendment to the Constitution. 21 SENATOR GOLD: Mr. President. 22 ACTING PRESIDENT PADAVAN: 23 Senator Gold. 5945 1 SENATOR GOLD: Mr. President, 2 it's my understanding that while there is 3 probably a need for a fifth judicial district, 4 there are issues concerning how that comes about 5 and whether or not the right hand is talking to 6 the left or the left is not talking to the 7 right. The fact is that this is not, I 8 understand, to be a negotiated bill and so I 9 don't really think it's worthwhile spending 10 these closing days just debating every one-house 11 bill that comes along. Of course, I can't stop 12 anybody from saying whatever they want. 13 But I just intend to vote in the 14 negative. It's my little protest today. I 15 think it ought to be beyond the point where we 16 are still doing one-house bills. Our schedule 17 came out, and today was supposed to be the last 18 day of session. Ha-ha. We know that it's not 19 going to be, but it ought to be the end of one 20 house bill day. 21 SENATOR MEGA: Mr. President. 22 ACTING PRESIDENT PADAVAN: 23 Senator Mega. 5946 1 SENATOR MEGA: Mr. President. I 2 don't want to prolong the debate on the 3 one-house bill. Although by getting up and 4 speaking, I'm doing that. 5 But this is a very important 6 issue; and that is, the backlog of cases in the 7 Second Department in our appellate court and our 8 appellate review, and you're right, Senator 9 Gold. You know that there hasn't been any 10 discussion and you know that that's not my style 11 particularly when we're trying to resolve such a 12 crisis when there is a backlog of appellate 13 review of two years. And, you know, there seems 14 to be no issue that's too difficult that for 15 some reason we can't keep walking away from. 16 This happens to be one of them. 17 This is a constitutional 18 amendment. We're looking for first passage. 19 But, in my opinion, I think this house as a 20 group has got to send a message to the other 21 house and say, "Hey, sit down and start talking 22 about trying to resolve this issue." 23 It's thirty years with all kinds 5947 1 of reports and now it's come to life on my 2 watch, so to speak. So it's a bill that says, 3 yes, we need the fifth department to help the 4 Second Department. Let's get first passage on 5 it. 6 Let me just make one other 7 comment. There were other suggestions made. 8 Talk about one-house bills, there's a one-house 9 bill in the Assembly that says, well, we'll take 10 some of the cases temporarily and send them up 11 to the Third Department. And you know what that 12 does with the presiding justice of the Third 13 Department and the work that they have to do 14 because they have a work load. 15 So what did we do? We held a 16 meeting. A meeting was called in my office, and 17 it was not my meeting. It was a meeting of the 18 whole, so to speak. And Assemblyman Koppell was 19 there, Presiding Justice Mangano from the Second 20 Department, Presiding Justice Murphy from the 21 Third Department, and Dolores Denman was 22 present. And as a result of this meeting and 23 communicating -- and I say it so many times, 5948 1 "communication." We think we're communicating 2 but we're not. 3 But as a result of this meeting, 4 a meeting was now held after this meeting with 5 the chief judge. And apparently there was some 6 in-house, some in-family resolution of trying to 7 relieve the backlog in the Second Department. 8 So at least we got something from it. So enough 9 said on the issue. 10 This is first passage. We need 11 the new department. Everybody knows we need 12 it. Everybody knows we need it. There should 13 be discussion on how we do it. And hopefully, 14 there will be that discussion. 15 But I would appreciate your vote 16 today on the creation of a fifth department. 17 Thank you. 18 ACTING PRESIDENT PADAVAN: On the 19 adoption of the resolution, call the roll. 20 (The Secretary called the roll on 21 the resolution. ) 22 ACTING PRESIDENT PADAVAN: 23 Senator Daly. 5949 1 SENATOR DALY: I'll wait until 2 you finish the roll call. 3 THE SECRETARY: Ayes 47, nays 3, 4 Senator Gold, Ohrenstein and Waldon recorded in 5 the negative. 6 ACTING PRESIDENT PADAVAN: The 7 resolution is adopted. 8 SENATOR DALY: Mr. President. 9 ACTING PRESIDENT PADAVAN: 10 Senator Daly. 11 SENATOR DALY: May I have 12 unanimous consent to be voted in the negative on 13 Calendar Number 1267, Senate 1779A. 14 ACTING PRESIDENT PADAVAN: As 15 noted, without objection. 16 Senator Maltese. 17 SENATOR MALTESE: Mr. President. 18 On page number 10, on behalf of Senator Lack, I 19 offer the following amendments to Calendar 20 Number 528, Senate Print Number 2373A, and ask 21 that said bill retain its place on the Third 22 Reading Calendar. 23 ACTING PRESIDENT PADAVAN: So 5950 1 ordered. 2 SENATOR MALTESE: And I wish to 3 call up -- on behalf of Senator Wright, I wish 4 to call up bill, Print Number 4108, recalled 5 from the Assembly, which is now at the desk. 6 ACTING PRESIDENT PADAVAN: The 7 Secretary will read. 8 THE SECRETARY: By Senator 9 Wright, Senate Bill Number 4108, an act to amend 10 the State Administrative Procedure Act. 11 SENATOR MALTESE: Mr. President, 12 I now move to reconsider the vote by which this 13 bill was passed. 14 ACTING PRESIDENT PADAVAN: The 15 Secretary will call the roll on reconsideration. 16 (The Secretary called the roll on 17 reconsideration. ) 18 THE SECRETARY: Ayes 51. 19 ACTING PRESIDENT PADAVAN: The 20 bill is before the house. 21 SENATOR MALTESE: Mr. President, 22 I now offer the following amendments. 23 ACTING PRESIDENT PADAVAN: 5951 1 Amendments are received. 2 Senator Mega. 3 SENATOR MEGA: Mr. President, on 4 behalf of Senator Farley, Mr. President, I wish 5 to call up his bill Senate Print 2726A, recalled 6 from the Assembly, which is now at the desk. 7 THE SECRETARY: By Senator 8 Farley, Senate Bill Number 2726A, an act to 9 amend the Banking Law. 10 SENATOR MEGA: Now move to 11 reconsider the vote by which his bill was 12 passed. 13 ACTING PRESIDENT PADAVAN: The 14 Secretary will call the roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration. ) 17 THE SECRETARY: Ayes 51. 18 ACTING PRESIDENT PADAVAN: The 19 bill is before the house. 20 SENATOR MEGA: Now offer up the 21 following amendments. 22 ACTING PRESIDENT PADAVAN: 23 Amendments received. 5952 1 SENATOR MEGA: Mr. President, on 2 behalf of Senator Larkin, I wish to call up his 3 bill, Senate Print 4329, recalled from the 4 Assembly, which is now at the desk. 5 ACTING PRESIDENT PADAVAN: The 6 Secretary will read. 7 THE SECRETARY: By Senator 8 Larkin, Senate Bill Number 4329, authorizing the 9 transfer of retirement service credit for Joseph 10 sabo. 11 SENATOR MEGA: I now move to 12 reconsider the vote by which this bill was 13 passed. 14 ACTING PRESIDENT PADAVAN: The 15 Secretary will call the roll on reconsideration. 16 (The Secretary called the roll on 17 reconsideration. ) 18 THE SECRETARY: Ayes 51. 19 ACTING PRESIDENT PADAVAN: The 20 bill is before the house. 21 SENATOR MEGA: I now offer up the 22 following amendments. 23 ACTING PRESIDENT PADAVAN: 5953 1 Amendments are received. The bill will retain 2 its place. 3 Senator Present. 4 SENATOR PRESENT: Mr. President, 5 if the housekeeping is done, I would like to 6 announce that there will be a meeting of the 7 Rules Committee at 1:30 p.m. in Room 332. We 8 will stand at ease awaiting the report of the 9 Rules Committee which will be for Monday's 10 calendar. Upon receipt of the Rules report, we 11 shall adjourn until Monday at 2:30 p.m. 12 And I now ask that the Senate 13 stand at ease. 14 ACTING PRESIDENT PADAVAN: Senate 15 will stand at ease subject to the Rules 16 Committee reports. 17 (Whereupon, at 12:54 p.m., Senate 18 was at ease. ) 19 (Whereupon, at 3:33 p.m., Senate 20 reconvened with Senator Volker in the chair. ) 21 SENATOR VOLKER: Senate will come 22 to order. 23 Senator Present. 5954 1 SENATOR PRESENT: Mr. President. 2 Will you recognize Senator Hannon, please. 3 ACTING PRESIDENT VOLKER: Senator 4 Hannon. 5 SENATOR HANNON: Mr. President, 6 on page 20, I offer the following amendments to 7 Calendar Number 870. That would be Senate Print 8 4900A. And I would ask that said bill retain 9 its place on the Third Reading Calendar. 10 ACTING PRESIDENT VOLKER: 11 Amendments received and adopted. 12 Senator Hannon. 13 SENATOR HANNON: Mr. President. 14 I also ask that on page 19, I offer the 15 following amendment to Calendar Number 869, 16 Senate Print 4898A, and I would ask that said 17 bill retain its place on the Third Reading 18 Calendar. 19 ACTING PRESIDENT VOLKER: 20 Amendments received and adopted. 21 Senator Hannon. 22 SENATOR HANNON: On page 21, Mr. 23 President, I offer the following amendments to 5955 1 Calendar Number 871, Senate Print 4930A, and ask 2 that said bill retain its place on the Third 3 Reading Calendar. 4 ACTING PRESIDENT VOLKER: 5 Amendment is received and documented. 6 Senator Present. 7 SENATOR PRESENT: Mr. President, 8 would you bear with me, I have a number of 9 motions to make. 10 ACTING PRESIDENT VOLKER: Why 11 certainly, Senator. 12 SENATOR PRESENT: On behalf of 13 Senator Stafford, I would like to call up his 14 bill, Print Number 4963, recalled from the 15 Assembly now at the desk. 16 ACTING PRESIDENT VOLKER: Clerk 17 will read. 18 THE SECRETARY: By Senator 19 Stafford, Senate Bill Number 4963, an act to 20 authorize the conveyance of certain state lands 21 to the Malone Central School District. 22 SENATOR PRESENT: Mr. President. 23 I now move to reconsider the vote by which this 5956 1 bill was passed. 2 ACTING PRESIDENT VOLKER: The 3 Secretary will call the roll on reconsideration. 4 (The Secretary called the roll on 5 reconsideration. ) 6 THE SECRETARY: Ayes 54. 7 ACTING PRESIDENT VOLKER: The 8 bill is before the house. 9 SENATOR PRESENT: Mr. President. 10 I now offer the following amendments. 11 ACTING PRESIDENT VOLKER: The 12 amendments are received and adopted. 13 Senator Present. 14 SENATOR PRESENT: Mr. President, 15 on behalf of Senator Bruno, on page 4, I offer 16 the following amendments to Calendar 102, Print 17 2354A, and ask that it retain its place on the 18 Third Reading Calendar. 19 ACTING PRESIDENT VOLKER: 20 Amendments are received and adopted. 21 Senator Present. 22 SENATOR PRESENT: Mr. President, 23 on behalf of Senator Levy, on page 12, I offer 5957 1 the following amendments to Calendar 636, Senate 2 pRINT 183, and ask that it retain its place on 3 the Third Reading Calendar. 4 ACTING PRESIDENT VOLKER: 5 Amendments are received and adopted. 6 SENATOR PRESENT: Mr. President, 7 on behalf of Senator Levy, I offer the following 8 amendments, on page 39, to Calendar 727, Print 9 4887, and I ask that it retain it place on the 10 Third Reading Calendar. 11 ACTING PRESIDENT VOLKER: 12 Amendments are received and adopted. 13 SENATOR PRESENT: Mr. President, 14 on behalf of Senator Spano, on page 11, I offer 15 the following amendments to Calendar 598, Senate 16 Print 1014B, and ask that it retain its place. 17 ACTING PRESIDENT VOLKER: 18 Amendments are received and adopted. 19 SENATOR PRESENT: Mr. President, 20 on page 38, I offer the following amendments on 21 behalf of Senator Stafford on Calendar Number 22 682, Senate Print 2399A, and ask that it retain 23 its place on the Third Reading Calendar. 5958 1 ACTING PRESIDENT VOLKER: 2 Amendments are received and adopted. 3 Senator Present. 4 SENATOR PRESENT: Mr. President, 5 may we return to reports of standing committees 6 please. 7 ACTING PRESIDENT VOLKER: Clerk 8 will read. 9 THE SECRETARY: Senator Marino, 10 from the Committee on Rules, reports the 11 following bills directly for third reading: 12 Senate Bill Number 54A, by 13 Senator Holland, an act to amend the Insurance 14 Law. 15 723A, by Senator Tully, amends 16 Chapter 629 of the Laws of 1986. 17 2121, by Senator Johnson, Real 18 Property Tax Law. 19 2579, by Senator Mendez, to 20 permit Robin L. Lieberman to revoke a previous 21 election of death benefit. 22 3435, by Senator Markowitz, 23 authorize the city of New York to reconvey its 5959 1 interest in certain real property. 2 3463, by Senator Trunzo, Real 3 Property Tax Law. 4 3510, by Senator Johnson, Tax 5 Law, and the Economic Development Law. 6 4023B, by Senator Velella, Real 7 Property Tax Law. 8 4177, by Senator Cook, 9 retroactive membership in the retirement 10 benefits. 11 4303, by Senator Connor, 12 authorizing the city of New York to reconvey its 13 interest in certain real property. 14 4446, by Senator Goodman, to 15 determine the date of birth of Elaine Budoff. 16 4473A, by Senator Libous, Social 17 Services Law. 18 4601A, by Senator Bruno, Economic 19 Development Law. 20 4613, by Senator Cook, providing 21 retirement credit for John Maston. 22 4335, by Senator Levy, an act to 23 amend the Vehicle and Traffic Law. 5960 1 4782A, by Senator Bruno, State 2 Finance Law. 3 5136A, by Senator Farley, Banking 4 Law. 5 5206, by Senator Hannon, Real 6 Property Actions and Proceedings. 7 5360, by Senator Marchi, Real 8 Property Tax Law. 9 5388B, by Senator Trunzo, 10 Executive Law. 11 5854A, by the Committee on Rules, 12 General Business Law. 13 5907, by Senator Pataki, 14 Environmental Conservation Law. 15 5910, by Senator Spano, Social 16 Services Law. 17 5922, by Senator Volker, Public 18 Authorities Law. 19 5924, by Senator Maltese, Vehicle 20 and Traffic Law. 21 5933, by Senator Daly, relating 22 to the disposition of surplus monies. 23 5947, by Senator Johnson, Public 5961 1 Health Law. 2 5951, by the Committee on Rules, 3 Administrative Code of the city of New York. 4 5952A, by Senator Daly, 5 Environmental Conservation Law. 6 5953, by the Committee on Rules, 7 Administrative Code of the city of New York. 8 5963, by the Committee on Rules, 9 Administrative Code of the city of New York 10 reported with amendments. 11 5966, by Senator Pataki, to allow 12 Eileen D. Moore retroactive membership with Tier 13 II. 14 And 5993, by Senator Stafford, an 15 act to amend the State Finance Law, in relation 16 interest on bonds to be paid more frequently. 17 All bills reported directly for 18 third reading. 19 ACTING PRESIDENT VOLKER: Without 20 objection, third reading. 21 Senator Present. 22 SENATOR PRESENT: Mr. President, 23 there being no further business, I move we 5962 1 adjourn until Monday, June 28, at 2:30 p.m., 2 intervening days to be legislative days. 3 ACTING PRESIDENT VOLKER: Senate 4 is adjourned until Monday, June 28, at the 5 regular hour, intervening days are legislative 6 days. 7 (Whereupon at 3:44 p.m., Senate 8 adjourned.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23