Wednesday, May 6, 1998

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 6, 1998 10 11:12 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEVEN M. BOGGESS, Secretary 19 20 21 22 23 24 25 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The Senate 3 will come to order. Ask the members to find 4 their places, the guests to find their places. 5 I'd ask everybody in the chamber to rise and join 6 me in saying the Pledge of Allegiance to the Flag 7 and please remain standing for the invocation 8 immediately thereafter. 9 (The assemblage repeated the 10 Pledge of Allegiance to the Flag.) 11 We're very, very pleased to have 12 Father Edson Wood, who is the West Point chaplain 13 at West Point, New York with us to deliver the 14 invocation. 15 Father Wood. 16 FATHER EDSON WOOD: Will you join 17 me now as we enter into the silence of our 18 hearts. Let us pray. 19 Almighty God, we pray You guide 20 this great state and those who lead it. Give 21 Your spirit of wisdom to all whom we entrust with 22 authority over us. In the time of our 23 prosperity, temper our self-confidence with 24 thankfulness and in the day of trouble, let our 25 trust in You never fail. 1 Look too with Your generous bounty 2 on West Point, which is to be honored here 3 today. Let her remember that her mission of 4 duty, honor, country is not a way of looking only 5 at certain things, it is a certain way of looking 6 at everything. We pray You to make all who are 7 associated with her into men and women for whom 8 duty, honor, country becomes and remains a way of 9 life. 10 Let this West Point Day be for all 11 of us a happy reminder and a serious challenge, a 12 reminder of past glory and a challenge to keep 13 our motives pure, our goals high and our vision 14 clear. 15 Our prayer this day comes from 16 hearts that are open to You, eternal God, and we 17 ask these things in Your name which is mighty. 18 May we all say Amen. 19 ACTING PRESIDENT KUHL: The 20 reading of the Journal. 21 THE SECRETARY: In Senate, 22 Tuesday, May 5th. The Senate met pursuant to 23 adjournment, Senator Marcellino in the Chair upon 24 designation of the Temporary President. The 25 Journal of Monday, May 6th, was read and 1 approved. On motion, the Senate adjourned. 2 ACTING PRESIDENT KUHL: Hearing no 3 objection, the Journal stands approved as read. 4 Presentation of petitions. 5 Messages from the Assembly. 6 Messages from the Governor. 7 Reports of standing committees. 8 Reports of select committees. 9 Communications and reports from 10 state officers. 11 Motions and resolutions. 12 The Chair recognizes Senator 13 DeFrancisco. 14 SENATOR DeFRANCISCO: Mr. 15 President, on page 45, I offer the following 16 amendments to Calendar 691, Senate Print 4695-A, 17 and I ask that said bill retain its place on the 18 Third Reading Calendar. 19 ACTING PRESIDENT KUHL: The 20 amendments to Calendar Number 691 are received 21 and adopted, and the bill will retain its place 22 on the Third Reading Calendar. 23 Senator DeFrancisco. 24 SENATOR DeFRANCISCO: Mr. 25 President, I wish to call up Senator Saland's 1 bill, Print Number 1143, recalled from the 2 Assembly, which is now at the desk. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 18, by Senator Saland, Senate Print 1143, an act 7 to amend the Penal Law. 8 ACTING PRESIDENT KUHL: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: I now move 11 to reconsider the vote by which this bill was 12 passed. 13 ACTING PRESIDENT KUHL: The motion 14 is to reconsider the vote by which the bill 15 passed the house. 16 The Secretary will call the roll 17 on reconsideration. 18 (The Secretary called the roll on 19 reconsideration.) 20 THE SECRETARY: Ayes 43. 21 ACTING PRESIDENT KUHL: Senator 22 DeFrancisco. 23 SENATOR DeFRANCISCO: I now offer 24 the following amendments. 25 ACTING PRESIDENT KUHL: The 1 amendments are received and adopted. 2 The Secretary will read the 3 substitutions. 4 THE SECRETARY: On page 8, Senator 5 LaValle moves to discharge from the Committee on 6 Local Government Assembly Bill Number 9686 and 7 substitute it for the identical First Report 8 Calendar 765. 9 On page 10, Senator Spano moves to 10 discharge from the Committee on Labor Assembly 11 Bill Number 2666 and substitute it for the 12 identical First Report Calendar 786. 13 On page 10, Senator Spano moves to 14 discharge from the Committee on Labor Assembly 15 Bill Number 3800 and substitute it for the 16 identical First Report Calendar 787. 17 On page 13, Senator Spano moves to 18 discharge from the Committee on Transportation 19 Assembly Bill Number 5744-B and substitute it for 20 the identical First Report Calendar 818. 21 On page 17, Senator Marchi moves 22 to discharge from the Committee on Environmental 23 Conservation Assembly Bill Number 2633 and 24 substitute it for the identical First Report 25 Calendar 854. 1 On page 18, Senator Farley moves 2 to discharge from the Committee on Civil Service 3 and Pensions Assembly Bill Number 4215-A and 4 substitute it for the identical Second Report 5 Calendar 714. 6 And on page 24, Senator LaValle 7 moves to discharge from the Committee on Higher 8 Education Assembly Bill Number 3599-A and 9 substitute for the identical Third Reading 10 Calendar 247. 11 ACTING PRESIDENT KUHL: The 12 substitutions are ordered. 13 The Chair recognizes Senator 14 Bruno. 15 SENATOR BRUNO: Mr. President, I 16 believe that there is a privileged resolution at 17 the desk. I would ask -- by Senator Larkin. I 18 would ask that we take it up at this time, have 19 it read in its entirety and move for its 20 immediate passage. 21 ACTING PRESIDENT KUHL: There is a 22 privileged resolution by Senator Larkin at the 23 desk. 24 I'll ask the Secretary to read it 25 in its entirety. 1 THE SECRETARY: By Senator Larkin, 2 Legislative Resolution 3292, memorializing 3 Governor George E. Pataki to proclaim May 6, 1998 4 as "West Point Day" in New York State; 5 WHEREAS, this legislative body is 6 justly proud to celebrate the establishment of 7 the United States Military Academy at West Point 8 and to call upon Governor George E. Pataki to 9 proclaim May 6, 1998 as "West Point Day" in New 10 York State; and 11 WHEREAS, by an act of Congress on 12 March 16, 1802, the United States Military 13 Academy was established within the borders of New 14 York State on the banks of the Hudson River; and; 15 WHEREAS, the Academy and its 16 graduates are an integral part of the proud 17 history of this state and nation. 18 The leadership and sacrifices of 19 the members of the Long Grey Line have helped 20 this country withstand countless threats to our 21 cherished democratic way of life. 22 The alumni have excelled not only 23 on the battlefield but in many fields of 24 endeavor. 25 The Academy continues to provide 1 our country with able and dedicated future 2 leaders. Its scenic campus is a mecca each year 3 for thousands of visitors from across our state, 4 continent and other countries; and 5 WHEREAS, the United States 6 Military Academy is in the forefront of our 7 state's outstanding institutions of higher 8 learning. 9 46 years ago the late James T. 10 McNamara, then a member of the New York State 11 Assembly and a member of the Academy's Class of 12 1939, was the author of the state Legislature's 13 first "West Point Day" Resolution. 14 For decades our nation has enjoyed 15 the legacy of freedom and the United States 16 Military Academy at West Point has played a 17 vitally significant role in the maintenance of 18 peace and freedom; and 19 WHEREAS, the members of this 20 legislative body are equally proud to commemorate 21 this event, marking May 6, 1998 as "West Point 22 Day" in New York State; now, therefore, be it 23 RESOLVED, that this legislative 24 body pause in its deliberations to celebrate the 25 establishment of the United States Military 1 Academy at West Point and to memorialize Governor 2 George E. Pataki to proclaim May 6, 1998 as "West 3 Point Day" in New York State; and be it further 4 RESOLVED, that a copy of this 5 resolution, suitably engrossed, be transmitted to 6 Governor George E. Pataki. 7 ACTING PRESIDENT KUHL: The Chair 8 recognizes Senator Bruno on the resolution. 9 SENATOR BRUNO: Thank you, Mr. 10 President, my colleagues. 11 General Christman, General 12 Hasbrouck, very lovely wife Clare, General Traub, 13 cadets and all of the others that have joined us 14 here for what is for us an annual great occasion, 15 I want to be the first to offer our official 16 welcome to you and tell you how pleased we are 17 that you are here and General Christman truly 18 exemplifies what leadership is all about, not 19 only having distinguished himself in his present 20 position but also has a Master's degree in civil 21 engineering and a law degree from George 22 Washington University. 23 Now, that is what I call 24 accomplishing enough for a lifetime, but he still 25 continues to lead and serve on a daily basis in a 1 very outstanding and distinguished way and he 2 follows in the tradition of some of the greatest 3 generals that we have had here in the United 4 States: General Pershing, Patton, MacArthur, 5 Eisenhower, Schwarzkopf and Christman. 6 So welcome, and it's a special 7 honor to have with us two other generals, one 8 from the Class of 1928, Senator Larkin's year of 9 birth -- he doesn't mind -- and that's General 10 Traub, and we are very, very pleased to have you 11 here with us in recognition of all the great 12 things that you have done in your career; and 13 General Hasbrouck, Class of 1920 out of West 14 Point, with his wife Clare sitting here with us, 15 and General Hasbrouck has served literally 16 throughout the world. From the Philippines to 17 Czechoslovakia, Japan, Germany, he has been 18 there. This year General Hasbrouck -- and you 19 don't mind -- will be 100 years old. (Applause) 20 I can only say to you on behalf of 21 my colleagues that we are really proud, proud 22 that you are here with us, proud of you and the 23 cadets that are here who are representative of 24 cadets throughout the United States and 25 throughout New York State and we can only say to 1 you that you have role models sitting here in the 2 chamber and you have role models in the history 3 of the United States, but we look to you as the 4 brightest and the best for our future here in 5 this state and in this country and throughout the 6 world. 7 So thank you for your commitment, 8 for your dedication, for how you handle 9 yourselves physically, mentally, emotionally, and 10 all the good things you do to improve the quality 11 of life for all people throughout the world. You 12 truly represent the very best here in this 13 chamber today of the past, of the present and 14 certainly of the future. 15 And now, Mr. President, it's my 16 special pleasure to introduce the very 17 accomplished and distinguished Senator, Colonel 18 Bill Larkin. (Applause) 19 SENATOR LARKIN: Thank you very 20 much, Senator Bruno. 21 Mr. President, it is my honor and 22 privilege to offer to this house our resolution 23 in honor of the United States Military Academy at 24 West Point. 25 I am proud to see this tradition 1 that was started in 1939 by a former classmate of 2 the United States Military Academy, and I want to 3 pay special tribute as our Majority Leader has to 4 General Dan Christman. I have had the pleasure 5 of knowing General Christman from his early years 6 as a young second lieutenant in 1965 when I had 7 the honor of being a colonel. 8 As Senator Bruno has said, we're 9 really honored here with some special guests, 10 General Hasbrouck, who is a constituent of our 11 dear colleague Senator Cook and his lovely wife 12 Clare. Some of you should know that General 13 Hasbrouck was the chief of staff of the Manhattan 14 Project during the '40s. That was the A-bomb and 15 it did a good job, General, and we thank you, and 16 General Traub, class of 1928. I'll never forget 17 you. His late brother was a doctor, lived in my 18 district and General Traub was the comptroller of 19 the Army during my younger days in the military 20 and we also have some other special guests 21 standing in the back, General Fenimore, the 22 adjutant general of the state of New York and his 23 right hand, General Martin, and a special friend 24 of mine, the Class of 1958, General Bob Pointer 25 and our county executive from Albany County, Mike 1 Breslin. 2 You know, but most important, Mr. 3 President, I would like to welcome the sons and 4 daughters of New York State who have their future 5 ahead of them in the United States Army. 6 The Long Gray Line began in Orange 7 County 196 years ago. Since then New York State 8 has been called the home of many of our 9 distinguished leaders that have been mentioned 10 before. 11 These leaders share in the 12 knowledge that the strength of the United States 13 military must rest on a solid foundation composed 14 of individual honor and integrity. The lesson 15 was first taught at West Point 180 years ago when 16 General Colonel Sylvanus Thayer became the first 17 superintendent of the United States Military 18 Academy. As an Army colonel, Thayer knew about 19 building foundations both from a military point 20 of view and from the nation. His vision was a 21 class of highly educated, highly trained 22 engineers who could support the rapid westward 23 movement and expansion of the United States. 24 It is appropriate, therefore, that 25 this house gives special recognition today to 1 another distinguished engineer, General Daniel 2 Christman, Class of 1955, who was first captain 3 in his class. Upon graduation, General Christman 4 didn't let that idea of engineering go away. His 5 assignments in combat units were in some of the 6 most famous units that we've had, the Second 7 Infantry Division in Korea and the 101st Airborne 8 Division (Airmobile) in Vietnam. 9 After leading troops -- excuse 10 me. Thank you, sir -- in Korea and Vietnam and 11 in West Germany, General Christman served his 12 country in the upper echelons of military command 13 in our nation's Capitol. 14 At this time I would like to ask 15 General Christman to stand and be recognized by 16 my colleagues. 17 General Christman. 18 (Applause) 19 We also give special recognition 20 today to the cadets who joined us, the future 21 leaders of the United States Army and the future 22 leaders of our nation. 23 I have the privilege now, Mr. 24 President, of introducing this contingent led by 25 General Christman and our cadet First Captain Pat 1 Connelly from the great state of Texas. I would 2 ask that each cadet, when we announce your name, 3 if you would do me the courtesy of please 4 standing so that you can be recognized. 5 Cadet First Captain Pat Conway. 6 (Applause) 7 Cadet David Allen Amamoo from 8 Kingston. 9 (Applause) 10 Cadet David Chen from New York 11 City. 12 (Applause) 13 Cadet Michael Crowell from 14 Auburn. 15 (Applause) 16 Cadet Joseph DeMike from Orchard 17 Park. 18 (Applause) 19 Cadet Ludwig Diaz from Woodside. 20 (Applause) 21 And from the great 39th Senatorial 22 District, Cadet Michael Fuchs from the town of 23 Monroe. 24 (Applause) 25 Cadet Peter Glantzis from Roscoe. 1 (Applause) 2 Cadet Jennifer Hafey from Staten 3 Island. 4 (Applause) 5 Cadet Benjamin Hung from 6 Wappingers Falls. 7 (Applause) 8 Cadet Jennifer Toby-Johnson from 9 Syracuse. 10 (Applause) 11 Cadet Sara Kierpiec from 12 Fultonville. 13 (Applause) 14 Cadet Nathaniel Kutsko from Old 15 Forge. 16 (Applause) 17 And Cadet Elizabeth Lawney from 18 Latham. 19 (Applause) 20 Today's Army leaders must know how 21 to move equipment and troops to the far reaches 22 of this planet in a matter of hours, not months. 23 Many of the cadets here seated in this chamber 24 will be asked to serve their nation in Bosnia, 25 the Congo, Eastern Europe or the Far East. 1 However, today's Army serves not 2 only abroad but here at home. I must report, Mr. 3 President, that I am especially fortunate to 4 represent a region that bears witness every day 5 to another cornerstone of the Army tradition 6 taught at West Point. That cornerstone is 7 concern for others and the communities in which 8 the corps of cadets share. 9 West Point is not an island within 10 New York State. The Long Gray Line is an active 11 participant not only in our economy but in the 12 hearts and souls of our communities. 13 The corps of cadets of the United 14 States Military Academy incorporate this training 15 in their daily lives. They are regular 16 participants in community efforts to educate our 17 children, care for our ill and attend to our 18 elderly. Duty, honor and country and a concern 19 for others. These values are the values of 20 leadership, Mr. President. It is upon the 21 bedrock of values that each cadet will build his 22 or her career. It is an unchanging standard that 23 we in New York must strive to embody. 24 It is upon this bedrock that 25 future leaders of United States Army will lead 1 soldiers into harm's way when it is necessary and 2 to preserve the freedom on which our nation is 3 founded. 4 Mr. President, we owe a debt of 5 gratitude to the United States Military Academy 6 for bestowing upon the state of New York all that 7 is good in our nation. 8 We thank General Christman, his 9 faculty and staff and the corps of cadets for 10 continuing to build on the bedrock that started 11 on the shores of the Hudson almost 200 century - 12 two centuries ago and we have a special message 13 for Senator Leibell. Cadets. Beat Navy! 14 (Applause) 15 ACTING PRESIDENT KUHL: Is there 16 any other Senator wishing to speak on the 17 resolution? 18 (There was no response.) 19 Hearing none, the question is on 20 -- excuse me. Senator DeFrancisco. 21 SENATOR DeFRANCISCO: You know, I 22 would just like to speak on behalf of the cadets 23 in general and one of the cadets here from my 24 district. 25 You know, we hear so many negative 1 things today about the youth of our community. 2 If any of you have just talked with any of these 3 cadets for five minutes, you know that our future 4 is strong and secure. 5 Toby-Johnson is from my district 6 but it could be said for everyone of the cadets 7 here today. They're leaders in their community. 8 Their families are outstanding families in their 9 community and they're carrying that tradition on 10 by becoming wonderful cadets and future officers 11 in the United States Army. 12 As a veteran, I'm pleased to add 13 my commendation to all the young people today 14 that are cadets and wish them the best in the 15 future. 16 ACTING PRESIDENT KUHL: Any other 17 Senator wishing to speak on the resolution? 18 Senator Larkin. 19 SENATOR LARKIN: Move the 20 resolution. 21 ACTING PRESIDENT KUHL: The 22 question is on the resolution. All those in 23 favor signify by saying aye. 24 (Response of "Aye".) 25 Opposed, nay. 1 (There was no response.) 2 The resolution is unanimously 3 adopted. 4 General Christman, cadets, other 5 generals, guests, on behalf of Senator Bruno, 6 Senator Larkin and all of the members, we 7 appreciate everything you do day in and day out. 8 If it wasn't for your contribution in the past, 9 your contribution to be in the future, the 10 members of this body would not be able to serve 11 in the capacity that they serve. You protect our 12 freedoms, our constitutional rights. You allow 13 us to represent the people and make decisions 14 which we think are in their best interests. 15 For all of that and so much more 16 that we could go on and on and on about, we're 17 forever thankful and indebted to you for what you 18 do and thank you for coming and spending just a 19 few moments of your life with us. 20 Thank you for being here. 21 (Applause) 22 Senator Bruno, the Secretary has 23 asked whether or not you would like the direction 24 to be given to him to put all of the members as 25 co-sponsors on that resolution. 1 SENATOR BRUNO: Please do, Mr. 2 President, on behalf of our colleagues. 3 ACTING PRESIDENT KUHL: The Chair 4 would direct all the members to be included as 5 co-sponsors of the resolution unless there's 6 anybody who wishes not to be. 7 Senator Bruno. 8 SENATOR BRUNO: Mr. President, I 9 believe there is a privileged resolution at the 10 desk by Senator Dollinger. I would ask that the 11 title be read and move for its immediate 12 adoption. 13 ACTING PRESIDENT KUHL: There is a 14 privileged resolution by Senator Dollinger. 15 The Secretary will read the title 16 to the resolution. 17 THE SECRETARY: By Senator 18 Dollinger, Legislative Resolution 3374, 19 commemorating the week of May 6 through May 12, 20 1998 as Nurses' Week in the state of New York. 21 ACTING PRESIDENT KUHL: The 22 question is on the resolution. All those in 23 favor signify by saying aye. 24 (Response of "Aye".) 25 Opposed, nay. 1 (There was no response.) 2 The resolution is adopted. 3 Senator Bruno, there are two 4 additional substitutions at the desk we'd like to 5 read at this time if that's permissible. 6 SENATOR BRUNO: Substitutions. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the substitutions. 9 THE SECRETARY: On page 22, 10 Senator Spano moves to discharge from the 11 Committee on Labor Assembly Bill Number 4435-A 12 and substitute it for the identical Third Reading 13 Calendar 158. 14 And on page 10, Senator Spano 15 moves to discharge from the Committee on Labor 16 Assembly Bill Number 4798 and substitute it for 17 the identical First Report Calendar 784. 18 ACTING PRESIDENT KUHL: The 19 substitutions are ordered. 20 Senator Bruno, that brings us to 21 the calendar. 22 SENATOR BRUNO: Mr. President, can 23 we at this time call for an immediate meeting of 24 the Finance Committee in Room 123. 25 ACTING PRESIDENT KUHL: There will 1 be an immediate meeting of the Senate Finance 2 Committee, an immediate meeting of the Senate 3 Finance Committee in Room 123. Note the change. 4 Room 123, immediate meeting of the Senate Finance 5 Committee. 6 SENATOR BRUNO: Mr. President, can 7 we at this time take up the non-controversial 8 calendar. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the non-controversial 11 calendar. 12 THE SECRETARY: Calendar Number 5, 13 by Senator Libous, Senate Print 5053-A, an act to 14 amend the Mental Hygiene Law, in relation to 15 disqualification. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 SENATOR PATERSON: Lay it aside, 19 please. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 65, by Senator LaValle, Senate Print 3201, an act 24 to amend the Education Law, in relation to 25 proceedings. 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 53. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 189, by Senator Padavan, Senate Print 1854, an 13 act to amend the Public Authorities Law, in 14 relation to the composition of the committee. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 53. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 1 216, by Senator Cook, Senate Print 616-A, an act 2 to amend the County Law, in relation to review 3 and approval. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first day of 8 January. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 53. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 346, by Senator Alesi, Senate Print 4912-A, an 17 act to amend the General Business Law, in 18 relation to criminal and monetary sanctions. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first day of 23 November. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 53. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 572, by Senator DeFrancisco, Senate Print 6534, 7 an act to amend the Parks, Recreation and 8 Historic Preservation Law, in relation to the 9 penalty. 10 ACTING PRESIDENT KUHL: The 11 Secretary will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 53. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 587, by Senator Kuhl, Senate Print 6283, an act 22 to amend the Public Officers Law, in relation to 23 authorizing the assistant public defender. 24 ACTING PRESIDENT KUHL: The 25 Secretary will read the last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 53. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 590, by Senator Goodman, Senate Print 6577, an 11 act to amend the Public Lands Law, in relation to 12 authorizing the Commissioner of General Services. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes - 21 SENATOR PATERSON: Lay it aside, 22 Mr. President. 23 ACTING PRESIDENT KUHL: Lay the 24 bill aside. 25 SENATOR PATERSON: I'm sorry, Mr. 1 President. I'm sorry. 2 THE SECRETARY: Calendar Number 3 608, by Senator Larkin, Senate Print 6373-B, an 4 act to amend the Racing, Pari-mutuel Wagering and 5 Breeding Law, in relation to membership in the 6 National Thoroughbred Racing Association. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 53. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 648, by Senator Volker, Senate Print 3614, an act 19 to amend the Civil Practice Law and Rules, in 20 relation to unsworn affirmation. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the first day of 25 January. 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 53. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 656, by Senator Present, Senate Print 3295-A, an 9 act to amend the Real Property Tax Law, in 10 relation to eligibility for real property tax 11 exemption. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 53. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 664, by Senator Holland, Senate Print 5989-A, an 24 act to amend the Social Services Law, in relation 25 to permitting. 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 53. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 665, by Senator Present, Senate Print 6143, an 13 act to enact the Private Activity Bond Act of 14 1980 -- 1998. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 17. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 53. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 1 674, by Senator Marchi, Senate Print 6844, an act 2 to amend Chapter 759 of the Laws of 1973. 3 ACTING PRESIDENT KUHL: The bill 4 -- the Secretary will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 54. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 742, by Senator Breslin, Senate Print 6059-C - 15 SENATOR SPANO: Lay it aside. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside. 18 Senator Bruno, that completes the 19 reading of the non-controversial calendar. 20 SENATOR BRUNO: Mr. President, can 21 we at this time take up the controversial 22 calendar. 23 ACTING PRESIDENT KUHL: The 24 Secretary will read the controversial calendar, 25 beginning with Calendar Number 5, by Senator 1 Libous, Senate 5053-A. 2 THE SECRETARY: Calendar Number 5, 3 by Senator Libous, Senate Print 5053-A, an act to 4 amend the Mental Hygiene Law, in relation to 5 disqualification. 6 SENATOR PATERSON: Explanation. 7 SENATOR LIBOUS: Thank you, Mr. 8 President. 9 ACTING PRESIDENT KUHL: Senator 10 Libous. 11 SENATOR LIBOUS: This bill passed 12 the Senate on -- in February and we're actually 13 amending the bill at the request of the Assembly 14 because they would like a sunset provision, and I 15 believe, Mr. President, Senator Paterson, I 16 answered a number of questions for him back in 17 February when the bill came up and that the bill 18 itself, Mr. President, has not changed except 19 that we are adding at the request of the Assembly 20 that a report by OMH is required within two years 21 and that there would be a three-year sunset for 22 the bill. 23 ACTING PRESIDENT KUHL: Senator 24 Paterson. 25 SENATOR PATERSON: Mr. President, 1 I want to thank Senator Libous for the 2 explanation. 3 We understand that the Mental 4 Health Association still has some problems with 5 the legislation and we appreciate that Senator 6 Libous did try to make an adjustment that would 7 suit their concerns. 8 Just briefly, the concern is that 9 under Section 9.05 (a) Subdivision (3) of the 10 Mental Health Law that the two physicians 11 certificate which would be required for detention 12 of a civil patient, that one of -- in a private 13 facility, if one of the doctors is a member of 14 the hospital staff, that there is an implied 15 conflict of interest there. 16 We understand that in many 17 situations it is difficult to find the two 18 physicians to fill out the certificate and 19 there's great need for 15 days or eventually 60 20 days of civil commitment. 21 However, we agree with the Mental 22 Health Association that we have to find a better 23 way other than the situation where it could 24 certainly be construed even if it isn't true that 25 the physician signing the certificate is somehow 1 tainted by the fact that it is a private facility 2 of which the physician is staffed at that 3 facility and that inherent conflict causes us to 4 suggest that we still can't support the bill, in 5 spite of the fact that we do understand the need 6 to have physicians available to sign these 7 certificates. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes - 16 ACTING PRESIDENT KUHL: Record the 17 negatives. Announce the results. 18 THE SECRETARY: -- 53, nays 1, 19 Senator Paterson recorded in the negative. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 The Secretary will continue to 23 read the controversial calendar. 24 THE SECRETARY: Calendar Number 25 590, by Senator Goodman, Senate Print 6577, an 1 act to amend the Public Lands Law, in relation to 2 authorizing. 3 SENATOR PATERSON: Explanation. 4 ACTING PRESIDENT KUHL: Senator 5 Goodman, an explanation has been requested of 6 Calendar Number 590, Senate 6577, by Senator 7 Paterson, the Acting Minority Leader. 8 SENATOR GOODMAN: Mr. President, 9 the purpose of this bill is to grant the 10 Commissioner of General Services the authority to 11 convey small parcels of state land which are not 12 otherwise marketable to owners of contiguous land 13 by private sale at the appraised value rather 14 than by public auction or sealed bid. 15 This bill amends Subdivision (2) 16 of Section 33 of the Public Lands Law by adding a 17 paragraph which grants the Commissioner of 18 General Services the authority to convey parcels 19 of state land which would not be approvable 20 building lots which have a value of less than 21 $10,000 to owners of contiguous parcels of land 22 upon a finding by the commissioner that such a 23 sale and method of conveyance is in the state's 24 best interests. 25 The bill will extend to the 1 Commissioner of General Services the necessary 2 authority to more practically and efficiently 3 dispose of small parcels that are not marketable 4 and have very limited value. 5 This is an OGS program bill and 6 which OGS does receive occasional requests from 7 the public to purchase small pieces of property 8 to settle boundary disputes or to clear title to 9 land currently occupied by an owner of property 10 adjacent to state lands and many of these 11 requests involve property worth only hundreds for 12 a few thousand dollars. 13 To meet the requests, the OGS must 14 offer such property useful to only one individual 15 for public sale by auction or sealed bid or 16 alternatively the applicant must seek a special 17 bill in the Legislature. 18 Any of these methods of sale are 19 administratively expensive. Often the costs of 20 conducting a sale can be far more than the value 21 of the property sold. 22 The bill will provide a practical 23 method to sell small parcels by private sale by 24 forgoing the expense of an auction or sealed 25 bid. 1 The bill protects the state's 2 interest by limiting this authority to only 3 parcels which by themselves would not constitute 4 a legal building lot which have a value less than 5 the threshold for review by the comptroller 6 pursuant to the State Finance Law currently 7 $10,000. 8 The bill will provide small 9 savings to the administration of the state's real 10 property interests. 11 ACTING PRESIDENT KUHL: Senator 12 Paterson. 13 SENATOR PATERSON: Thank you, Mr. 14 President. 15 We would just like to be assured 16 that the authority granted to the Office of 17 General Services in this specific situation, 18 though it be discretionary, is limited and that 19 it does not depart from the overall policy of the 20 Office of General Services. 21 If Senator Goodman would yield for 22 a thought on that. 23 ACTING PRESIDENT KUHL: Senator 24 Goodman. 25 SENATOR GOODMAN: Yes. 1 ACTING PRESIDENT KUHL: Did you 2 care to respond? 3 SENATOR GOODMAN: Would you like a 4 response to your query? 5 SENATOR PATERSON: Please. 6 SENATOR GOODMAN: As I've 7 indicated, this is a very limited granting of 8 authority in highly specialized cases in which 9 the cost of an auction might actually exceed the 10 cost of the land and as you can see, therefore, 11 it represents a common-sense approach to solving 12 a disposition problem which OGS wishes to do. 13 SENATOR PATERSON: Excellent, Mr. 14 President. 15 ACTING PRESIDENT KUHL: Senator 16 Paterson. 17 SENATOR PATERSON: Explanation 18 more than satisfactory. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll.) 1 THE SECRETARY: Ayes 54. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 The Secretary will continue to 5 read the controversial calendar. 6 THE SECRETARY: Calendar Number 7 742, by Senator Breslin, Senate Print 6059-C, an 8 act authorizing the city of Albany to appoint 9 additional members. 10 SENATOR SPANO: Explanation, 11 please. 12 ACTING PRESIDENT KUHL: Senator 13 Breslin, Senator Spano has asked for an 14 explanation of Calendar Number 742, Senate 15 6059-C. 16 SENATOR BRESLIN: Mr. President, 17 the bill is a local bill dealing with the city of 18 Albany which is reassessed for the first time in 19 over 30 years. They have three full-time 20 assessors to hear cases but there's a backlog and 21 in order to increase the number of assessors the 22 Common Council in Albany would have had to act by 23 October of last year and inadvertently was not 24 done which requires this legislation to increase 25 the number from three to five so that complaints 1 can be expeditiously handled by those five people 2 for the citizens of Albany. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 55. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 Senator Velella. 14 SENATOR VELELLA: Mr. President, 15 may we return to reports of standing committees. 16 I believe we have a report from Finance. 17 ACTING PRESIDENT KUHL: We'll 18 return to the order of reports of standing 19 committees. There is a report from the Finance 20 Committee which has just completed its meeting at 21 the desk. 22 The Secretary will read. 23 THE SECRETARY: Senator Stafford, 24 from the Committee on Finance, reports the 25 following nomination: Member of the Niagara 1 Frontier Transportation Authority: Henry M. 2 Sloma, of Lewiston. 3 SENATOR VELELLA: Mr. President, 4 move the nomination. 5 ACTING PRESIDENT KUHL: The 6 question is on the nomination. All those in 7 favor signify by saying aye. 8 (Response of "Aye".) 9 Opposed, nay. 10 (There was no response.) 11 The nomination is -- the nominee 12 is confirmed. 13 Senator Velella. 14 SENATOR VELELLA: Mr. President, 15 do we have any housekeeping? 16 ACTING PRESIDENT KUHL: The desk 17 is clean. 18 Senator Montgomery, why do you 19 rise? 20 SENATOR MONTGOMERY: Mr. 21 President, I would like to have unanimous consent 22 to be recorded in the negative on Calendar Number 23 5. 24 ACTING PRESIDENT KUHL: Without 25 objection, hearing no objection, Senator 1 Montgomery will be recorded in the negative on 2 Calendar Number 5. 3 Senator Velella. 4 SENATOR VELELLA: Mr. President, 5 can we just stand at ease for a moment or two? I 6 believe some members are trying to get in here 7 from the Finance Committee to cast some votes 8 that they have to cast. 9 ACTING PRESIDENT KUHL: The Chair 10 recognizes Senator Abate. Why do you rise? 11 SENATOR ABATE: Yes. I would like 12 to be recorded in the negative on Calendar Number 13 506 -- Calendar 5. 14 Thank you. 15 ACTING PRESIDENT KUHL: Without 16 objection, hearing no objection, Senator Abate 17 will be recorded in the negative on Calendar 18 Number 5. 19 Senator Leichter, why do you 20 rise? 21 SENATOR LEICHTER: Yes, Mr. 22 President. May I also be recorded in the 23 negative on Calendar Number 5. 24 ACTING PRESIDENT KUHL: Without 25 objection. 1 SENATOR LEICHTER: Thank you. 2 ACTING PRESIDENT KUHL: Hearing no 3 objection, Senator Leichter will be recorded in 4 the negative on Calendar Number 5. 5 Is there any other member wishing 6 to register a vote? 7 Senator Dollinger. 8 SENATOR DOLLINGER: Mr. President, 9 can I have unanimous consent to be recorded in 10 the negative on Calendar Number 590. 11 ACTING PRESIDENT KUHL: Without 12 objection, hearing no objection, Senator 13 Dollinger will be recorded in the negative on 14 Calendar Number 590. 15 Any other member wishing to 16 register a vote? 17 (There was no response.) 18 Hearing none, the Chair recognizes 19 Senator Velella. 20 SENATOR VELELLA: Mr. President, 21 there being no further business, I move we 22 adjourn until Monday, May 11th, at 3:00 p.m., 23 intervening days to be legislative days. 24 ACTING PRESIDENT KUHL: Without 25 objection, the Senate stands adjourned until 1 Monday, May 11th, 3:00 p.m., intervening days to 2 be legislative days. 3 (Whereupon, at 11:51 a.m., the 4 Senate adjourned.) 5 6 7 8 9