Regular Session - March 11, 1996

                                                                 
1958

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         9                    ALBANY, NEW YORK

        10                     MARCH 11, 1996

        11                        3:05 p.m.

        12

        13

        14                     REGULAR SESSION

        15

        16

        17

        18       LT. GOVERNOR BETSY McCAUGHEY ROSS, President

        19       STEPHEN F. SLOAN, Secretary

        20

        21

        22

        23











                                                             
1959

         1                       P R O C E E D I N G S

         2                       THE PRESIDENT:   The Senate

         3       will come to order.

         4                       Would everyone please rise and

         5       join me in the Pledge of Allegiance to the

         6       Flag.

         7                       (The assemblage repeated the

         8       Pledge of Allegiance to the Flag.)

         9                       May we bow our heads for a

        10       moment of silence.

        11                       (A moment of silence was

        12       observed.)

        13                       Reading of the Journal,

        14       please.

        15                       THE SECRETARY:  In Senate

        16       Sunday, March 10, the Senate met pursuant to

        17       adjournment.  Senator Hoblock in the chair.

        18       The Journal of Saturday, March 9th, was read and

        19       approved.   On motion, the Senate adjourned.

        20                       THE PRESIDENT:   Without

        21       objection, the Journal stands approved as

        22       read.

        23                       Presentation of petitions.











                                                             
1960

         1                       Messages from the Assembly.

         2                       Messages from the Governor.

         3                       Reports of standing

         4       committees.

         5                       The Secretary will read.

         6                       THE SECRETARY:  Senator Trunzo,

         7       from the Committee on Civil Service and

         8       Pensions, offers up the following bills:

         9                       Senate Print 1976, by Senator

        10       Levy, act to amend the Education Law and the

        11       Local Finance Law, in relation to refinancing

        12       of payments by certain employers;

        13                       4131A, by Senator Trunzo, an

        14       act to amend the Education Law, in relation to

        15       World War II military service credit for

        16       certain members;

        17                       5072A, by Senator Holland, an

        18       act to permit the reopening of the optional

        19       20-year retirement plan;

        20                       5440, by Senator Lack, an act

        21       to amend the Retirement and Social Security Law

        22       in relation to membership in a public

        23       retirement system.











                                                             
1961

         1                       All bills directly for third

         2       reading.

         3                       THE PRESIDENT:   Without

         4       objection, all bills will go directly to third

         5       reading.

         6                       Reports of select committees.

         7                       Communications and reports from

         8       state officers.

         9                       Motions and resolutions.

        10                       Senator Farley.

        11                       SENATOR FARLEY:   Thank you,

        12       Madam President.

        13                       On behalf of Senator Cook, on

        14       page 18, I offer the following amendments to

        15       Calendar Number 362, Senate Print 4246A, and I

        16       ask that that bill retain its place on the

        17       Third Reading Calendar.

        18                       THE PRESIDENT:   Amendments

        19       received.

        20                       Senator Bruno, are you ready to

        21       go to the calendar?

        22                       SENATOR BRUNO:   Madam

        23       President, in the absence of Senator Wright, I











                                                             
1962

         1       would like to inform the members that there

         2       will be a meeting of his committee, Alcohol and

         3       Substance Abuse, at 3:15 in Room 332, 3:15,

         4       p.m., Senator Gold.

         5                       SENATOR GOLD:   Thank you, sir.

         6                       SENATOR BRUNO:   Thank you.

         7                       THE PRESIDENT:   We have some

         8       substitutions, Senator Bruno.

         9                       The Secretary will read.

        10                       THE SECRETARY:  Senator Volker

        11       moves to discharge from the Committee on

        12       Education, Assembly Bill 7801A and substitute

        13       it for the identical Senate Bill, 5209A.

        14                       THE PRESIDENT:   The

        15       substitution has been ordered.

        16                       THE SECRETARY:  Senator Babbush

        17       moves to discharge from the Committee on

        18       Education, Assembly Bill 3438 and substitute it

        19       for the identical Senate Bill 2234.

        20                       THE PRESIDENT:   The

        21       substitution has been ordered.

        22                       Senator Farley.

        23                       SENATOR FARLEY:   Thank you,











                                                             
1963

         1       Madam President.

         2                       On behalf of Senator Seward, I

         3       move that the following bill be discharged from

         4       its respective committee and be recommitted

         5       with instructions to strike the enacting

         6       clause, that's Senate Number 5345A.

         7                       THE PRESIDENT:   Enacting

         8       clause will be struck.

         9                       Senator Santiago.

        10                       SENATOR SANTIAGO:   Madam

        11       President, I move that the following bill be

        12       discharged from its respective committee and be

        13       recommitted with instructions to strike the

        14       enacting clause, and it's Senate Number 6327.

        15                       THE PRESIDENT:   The enacting

        16       clause will be struck.

        17                       Senator Bruno, are you ready

        18       for the noncontroversial calendar?

        19                       SENATOR BRUNO:   Madam

        20       President, can we at this time take up the non

        21       controversial calendar.

        22                       THE PRESIDENT:  The Secretary

        23       will read.











                                                             
1964

         1                       THE SECRETARY:  Calendar Number

         2       237, by Senator Rath, Senate Print 1535, an act

         3       to amend the General Municipal Law, in relation

         4       to authorizing -

         5                       SENATOR PATERSON:   Lay it

         6       aside.

         7                       THE PRESIDENT:   Lay it aside,

         8       please.

         9                       THE SECRETARY:  Calendar Number

        10       239, by Senator Leibell, Senate Print 3384A, an

        11       act to amend the General Municipal Law, in

        12       relation to participation in certain health

        13       insurance plans.

        14                       THE PRESIDENT:   Read the last

        15       section.

        16                       THE SECRETARY:  Section 2.

        17       This act shall take effect immediately.

        18                       THE PRESIDENT:   Call the

        19       roll.

        20                       (The Secretary called the

        21       roll.)

        22                       THE SECRETARY:  Ayes 46.

        23                       THE PRESIDENT:   The bill is











                                                             
1965

         1       passed.

         2                       THE SECRETARY:  Calendar 260,

         3       by Senator LaValle, Senate Print 2136, an act

         4       to amend the Education Law, in relation to

         5       registration of a pharmacy.

         6                       THE PRESIDENT:   Read the last

         7       section, please.

         8                       THE SECRETARY:  Section 2.

         9       This act shall take effect on the first day of

        10       November.

        11                       THE PRESIDENT:   Call the

        12       roll.

        13                       (The Secretary called the

        14       roll.)

        15                       THE SECRETARY:  Ayes 46.

        16                       THE PRESIDENT:   The bill is

        17       passed.

        18                       THE SECRETARY:  Calendar Number

        19       294, by Senator Johnson, Senate Print 6010,  an

        20       act to amend Chapter 492 of the Laws of 1993,

        21       amending the Local Finance Law relating to

        22       installment loans.

        23                       THE PRESIDENT:   Read the last











                                                             
1966

         1       section, please.

         2                       THE SECRETARY:  Section 2.

         3       This act shall take effect immediately.

         4                       THE PRESIDENT:   Call the roll,

         5       please.

         6                       (The Secretary called the

         7       roll.)

         8                       THE SECRETARY:  Ayes 46.

         9                       THE PRESIDENT:   The bill is

        10       passed.

        11                       THE SECRETARY:  Calendar Number

        12       317, by Senator Farley, Senate Print 1378, an

        13       act to amend the Penal Law, in relation to

        14       restitution reparation.

        15                       THE PRESIDENT:   Read the last

        16       section, please.

        17                       THE SECRETARY:  Section 2.

        18       This act shall take effect on the first day of

        19       November.

        20                       THE PRESIDENT:   Call the

        21       roll.

        22                       (The Secretary called the

        23       roll.)











                                                             
1967

         1                       THE SECRETARY:  Ayes 48.

         2                       THE PRESIDENT:   The bill is

         3       passed.

         4                       THE SECRETARY:  Calendar Number

         5       318, by Senator Saland, Senate Print 1417, an

         6       act to amend the Criminal Procedure Law and the

         7       Family Court Act, in relation to access to

         8       records.

         9                       SENATOR PATERSON:   Lay it

        10       aside.

        11                       THE PRESIDENT:   Lay it aside,

        12       please.

        13                       THE SECRETARY:  Calendar Number

        14       320, by Senator DeFrancisco, Senate Print

        15       1966A, an act to amend the Criminal Procedure

        16       Law in relation to application for bail.

        17                       SENATOR PATERSON:   Lay it

        18       aside.

        19                       THE PRESIDENT:   Lay it aside,

        20       please.

        21                       THE SECRETARY:  Calendar Number

        22       321, by Senator Defrancisco, Senate Print 1971,

        23       an act to amend the Criminal Procedure Law, in











                                                             
1968

         1       relation to compliance with orders of fixing

         2       bail.

         3                       THE PRESIDENT:   Read the last

         4       section.

         5                       SENATOR PATERSON:   Lay it

         6       aside.

         7                       THE PRESIDENT:   Oh, lay it

         8       aside, please.

         9                       THE SECRETARY:  Calendar Number

        10       322, by Senator Saland, Senate Print 2335A, an

        11       act to amend the Criminal Procedure Law, in

        12       relation to expanding the limited list of

        13       offenses concerning which a vulnerable child

        14       witness may testify.

        15                       THE PRESIDENT:   Read the last

        16       section, please.

        17                       THE SECRETARY:  Section 3.

        18       This act shall take effect on the first day of

        19       the calendar month next succeeding the 30th

        20       day.

        21                       THE PRESIDENT:   Call the roll,

        22       please.

        23                       (The Secretary called the











                                                             
1969

         1       roll.)

         2                       THE SECRETARY:  Ayes 50.

         3                       THE PRESIDENT:   The bill is

         4       passed.

         5                       THE SECRETARY:  Calendar Number

         6       324, by Senator Volker, Senate Print 3132A,

         7       an act to amend the Criminal Procedure Law, in

         8       relation to peace officers employed by Canisius

         9       College.

        10                       THE PRESIDENT:   Read the last

        11       section, please.

        12                       THE SECRETARY:  Section 2. This

        13       act shall take effect immediately.

        14                       THE PRESIDENT:   Call the

        15       roll.

        16                       (The Secretary called the

        17       roll.)

        18                       THE SECRETARY:  Ayes 50, nays

        19       1, Senator Leichter recorded in the negative.

        20                       ACTING PRESIDENT MARCELLINO:

        21       The bill is passed.

        22                       THE SECRETARY:  Calendar

        23       Number 325, by Senator Volker, Senate Print











                                                             
1970

         1       3180A, an act to amend the Civil Practice Law

         2       and Rules and the Public Authorities Law, in

         3       relation to personal service upon public

         4       authorities and commissions.

         5                       ACTING PRESIDENT MARCELLINO:

         6       Read the last section.

         7                       THE SECRETARY:  Section 3.

         8       This act shall take effect on the 90th day.

         9                       ACTING PRESIDENT MARCELLINO:

        10       Call the roll.

        11                       (The Secretary called the

        12       roll.)

        13                       THE SECRETARY:  Ayes 53.

        14                       ACTING PRESIDENT MARCELLINO:

        15       The bill is passed.

        16                       THE SECRETARY:  Calendar Number

        17       335, by Senator Libous, Senate Print 3858, an

        18       act to amend the Mental Hygiene Law in relation

        19       to conversion of already admitted patients for

        20       involuntary status.

        21                       ACTING PRESIDENT MARCELLINO:

        22       Read the last section.

        23                       THE SECRETARY:  Section 2.











                                                             
1971

         1       This act shall take effect immediately.

         2                       ACTING PRESIDENT MARCELLINO:

         3       Call the roll.

         4                       (The Secretary called the

         5       roll.)

         6                       THE SECRETARY:  Ayes 53.

         7                       ACTING PRESIDENT MARCELLINO:

         8       The bill is passed.

         9                       THE SECRETARY:  Calendar Number

        10       337, by Senator Libous, Senate Print 4630, an

        11       act to amend the Mental Hygiene Law, in

        12       relation to limiting the use of state funds for

        13       payment of compensation.

        14                       ACTING PRESIDENT MARCELLINO:

        15       Read the last section.

        16                       THE SECRETARY:  Section 4.

        17       This act shall take effect immediately.

        18                       ACTING PRESIDENT MARCELLINO:

        19       Call the roll.

        20                       (The Secretary called the

        21       roll.)

        22                       THE SECRETARY:  Ayes 53.

        23                       ACTING PRESIDENT MARCELLINO:











                                                             
1972

         1       The bill is passed.

         2                       THE SECRETARY:  Calendar Number

         3       340, by Senator Velella, Senate Print 2764C, an

         4       act to amend the Insurance Law, in relation to

         5       reciprocal insurers.

         6                       ACTING PRESIDENT MARCELLINO:

         7       Read the last section.

         8                       THE SECRETARY:  Section 7.

         9       This act shall take effect on the 180th day.

        10                       ACTING PRESIDENT MARCELLINO:

        11       Call the roll.

        12                       (The Secretary called the

        13       roll.)

        14                       THE SECRETARY:  Ayes 53.

        15                       ACTING PRESIDENT MARCELLINO:

        16       The bill is passed.

        17                       Senator Skelos, that -

        18                       SENATOR SKELOS:   Mr.

        19       President, can we take up the controversial

        20       calendar?

        21                       ACTING PRESIDENT MARCELLINO:

        22       Yes, we can.

        23                       Secretary will read.











                                                             
1973

         1                       THE SECRETARY:  Calendar Number

         2       318, by Senator Saland, Senate Print 1417, an

         3       act to amend the Criminal Procedure Law and the

         4       Family Court Act, in relation to access to

         5       records.

         6                       SENATOR SKELOS:   Lay it aside

         7       temporarily.

         8                       ACTING PRESIDENT MARCELLINO:

         9       Lay it aside temporarily.

        10                       THE SECRETARY:  Calendar Number

        11       320, by Senator DeFrancisco, Senate Print

        12       1966A, an act to amend the Criminal Procedure

        13       Law, in relation to application for bail.

        14                       ACTING PRESIDENT MARCELLINO:

        15       Senator DeFrancisco, an explanation has been

        16       asked for by Senator Paterson.

        17                       SENATOR DeFRANCISCO:  Yes.

        18       Calendar Bill 238 is a bill that basically

        19       authorizes the court to have a defendant submit

        20       information to the court upon which the court

        21       can determine whether -

        22                       ACTING PRESIDENT MARCELLINO:

        23       Excuse me, Senator.











                                                             
1974

         1                       Ladies and gentlemen, we can

         2       just about hear this.  Can we, please?

         3                       Thank you very much.  I'm

         4       sorry, Senator.

         5                       SENATOR DeFRANCISCO:  It

         6       authorizes the court to obtain information from

         7       a defendant in order to determine whether bail

         8       is appropriate in the circumstance where bail

         9       is applied for.

        10                       The present statute indicates

        11       that the court has to determine -- in

        12       determining bail, has to determine whether the

        13       person -- has to determine questions about

        14       character, reputation, habits and mental

        15       condition but there's no provision presently

        16       for the court to actually obtain information

        17       about the individual's mental condition if the

        18       defendant does not choose to participate in

        19       such an examination.

        20                       What this does is basically

        21       allow the court to order a mental examination

        22       so the factors upon which the court has to

        23       decide bail will be based upon information











                                                             
1975

         1       rather than speculation, and that's the purpose

         2       of the statute.

         3                       And it's important to note that

         4       there's a protection here.  Any of the

         5       information that's obtained concerning the

         6       individual's mental condition cannot be used

         7       against the defendant in the criminal

         8       proceeding, it is only permissible to be used

         9       in a determination on the question of bail.

        10                       ACTING PRESIDENT MARCELLINO:

        11       Senator Paterson, why do you rise?

        12                       SENATOR PATERSON:   Mr.

        13       President, if Senator DeFrancisco would yield

        14       for a question.

        15                       ACTING PRESIDENT MARCELLINO:

        16       Senator DeFrancisco, would you yield for a

        17       question from Senator Paterson.

        18                       THE SECRETARY:  Yes, I would.

        19                       ACTING PRESIDENT MARCELLINO:

        20       Senator yields.

        21                       SENATOR PATERSON:   Senator,

        22       although the information derived from a

        23       psychiatric evaluation may not be used in the











                                                             
1976

         1       actual criminal proceeding, could it be used in

         2       a determination of the defendant's fitness for

         3       trial, since basically the information that

         4       would be derived out of that proceeding which

         5       would determine whether or not this individual

         6       would make themself available for trial or

         7       would leave the jurisdiction, would, in a

         8       sense, be connected with whether or not they

         9       actually would be capable of assisting their

        10       attorney in their defense.

        11                       SENATOR DeFRANCISCO:   It

        12       cannot be used for that purpose.  The statute

        13       -- the bill specifically states, "Any evidence

        14       derived from the defendant's compliance with

        15       such order shall not be used against him in any

        16       criminal action or proceeding, other than a

        17       proceeding commenced pursuant to the provisions

        18       of this section for purposes of fixing bail."

        19       So that would not -- it could not be used for

        20       that purpose, either.

        21                       SENATOR PATERSON:   So,

        22       therefore, Senator, the only information that

        23       the evaluation would enlighten us is to











                                                             
1977

         1       determine whether or not the defendant would be

         2       available for the trial or would, in any way,

         3       be harm to themself preventing the trial from

         4       occurring.

         5                       SENATOR DeFRANCISCO:   It only

         6       has to do -- the only purpose for the

         7       information, and it's specifically limited by

         8       the bill, is so the court can determine whether

         9       or not this individual should be released on

        10       bail, it can be used for no other purpose.

        11                       SENATOR PATERSON:   Okay, thank

        12       you.   The only other concerns I may have had

        13       were actually amended in your bill this

        14       particular year, and so thank you for the

        15       response.

        16                       ACTING PRESIDENT MARCELLINO:

        17       Read the last section -- I'm sorry, Senator

        18       Leichter.

        19                       SENATOR LEICHTER:   Yes, Mr.

        20       President, if Senator DeFrancisco would yield.

        21                       ACTING PRESIDENT MARCELLINO:

        22       Senator, do you yield to Senator Leichter?

        23                       SENATOR DeFRANCISCO:  Yes.











                                                             
1978

         1                       ACTING PRESIDENT MARCELLINO:

         2       Senator yields.

         3                       SENATOR LEICHTER:   Senator

         4       DeFrancisco, I'm somewhat surprised that the

         5       authority does not presently exist or is not

         6       being exercised because I can remember a number

         7       of cases reading where the defendant in a high

         8       profile case has been brought in and the court

         9       has directed that a mental examination be

        10       conducted.  So, you know, I see no harm in

        11       having this provision, but I wonder whether, in

        12       point of fact, judges, maybe they didn't have

        13       the specific statutory authority or they felt

        14       that it was implied or inferred authority, but

        15       I do believe they've been doing this.

        16                       SENATOR DeFRANCISCO:   Is that

        17       a question?  I don't believe -- I don't know

        18       each specific case, but I do know that, number

        19       one, they may be ordering it for the purposes

        20       of determining whether or not the individual is

        21       capable of standing trial.

        22                       Some judges in my jurisdiction

        23       will not do it because there's no specific











                                                             
1979

         1       statutory authorization.  A defendant will say,

         2       "You can't make me, there's no court -- there's

         3       no procedure to require me to take a mental

         4       examination or my client to take one, either,"

         5       and some judges are reluctant to do it, and

         6       that was the reason I put the bill in.

         7                       ACTING PRESIDENT MARCELLINO:

         8       Senator Paterson.

         9                       SENATOR PATERSON:   Senator,

        10       just as a matter of clarification.

        11                       ACTING PRESIDENT MARCELLINO:

        12       Senator, do you yield to Senator Paterson?

        13                       SENATOR DeFRANCISCO:  Yes.

        14                       SENATOR PATERSON:   On the

        15       issue of parole, is there any case law

        16       determining whether or not there has been a

        17       psychiatric evaluation before parole is granted

        18       by a court?

        19                       SENATOR DeFRANCISCO:   Parole

        20       is granted by a court?

        21                       SENATOR PATERSON:   No, I'm

        22       sorry.  I meant probation.  I'm sorry.

        23                       SENATOR DeFRANCISCO:   You











                                                             
1980

         1       know, I'm not certain of that at all.  It would

         2       depend -- I imagine it would be under the

         3       control of the probation department whether or

         4       not -- that would be part of the pre-sentence

         5       report that the probation department would put

         6       together as to whether or not -- what they

         7       recommend as far as probation, whether they

         8       recommend it or not.  They would go into their

         9       own investigation, but I don't believe they can

        10       require a defendant to undergo a mental

        11       examination if they think one is necessary.

        12                       What happens, the way

        13       I understand the process and having been part

        14       of it on both sides is that the judge will

        15       order, after a plea, a presentence report, and

        16       the pre-sentence report will be an investigation

        17       by the probation department.

        18                       I don't believe that the

        19       probation department can require a defendant to

        20       take a mental examination in the course of that

        21       process.  The probation department might not

        22       recommend probation, but I don't think there's

        23       any provision that will allow the probation











                                                             
1981

         1       department to require that or the court to

         2       require it, either.

         3                       SENATOR PATERSON:   I feel the

         4       same way, Senator, that's why I was wondering

         5       that in view of that, if the court has any

         6       jurisdiction, because I was trying to see if

         7       your legislation matched up with anything else

         8       in any other type of proceeding that would have

         9       been similar, and that was the one that came to

        10       mind, that in these types of situations where

        11       you're having probation being granted and there

        12       is a report, that without the examination, if

        13       the court as a last remedy would want to

        14       examine them, that's something that we may look

        15       into later.

        16                       Thank you.

        17                       SENATOR DeFRANCISCO:   Yes, I'm

        18       sure we could.  The only -- as I say, the

        19       reason that this struck me is the fact that one

        20       of the -- one of the factors the court has to

        21       determine in setting bail is mental condition,

        22       and there's no way that they could, up to this

        23       point in time, legally inquire into that mental











                                                             
1982

         1       condition if the defendant said that the

         2       defendant did not want to, because in this

         3       case, the defendant is initiating the

         4       proceeding by requesting to be put out on bail

         5       and that's why it makes it different, I think,

         6       than the probation situation; but, I will

         7       definitely research that.

         8                       ACTING PRESIDENT MARCELLINO:

         9       Read this last section, please.

        10                       THE SECRETARY:  Section 3.

        11       This act shall take effect on the 30th day.

        12                       ACTING PRESIDENT MARCELLINO:

        13       Call the roll.

        14                       (The Secretary called the

        15       roll.)

        16                       THE SECRETARY:  Ayes 56.

        17                       ACTING PRESIDENT MARCELLINO:

        18       The bill is passed.

        19                       THE SECRETARY:  Calendar Number

        20       321, by Senator DeFrancisco, Senate Print 1971,

        21       an act to amend the Criminal Procedure Law, in

        22       relation to compliance with orders regarding

        23       fixing bail.











                                                             
1983

         1                       ACTING PRESIDENT MARCELLINO:

         2       Read the last section.

         3                       THE SECRETARY:  Section 4.

         4       This act shall take effect immediately.

         5                       ACTING PRESIDENT MARCELLINO:

         6       Call the roll.

         7                       (The Secretary called the

         8       roll.)

         9                       THE SECRETARY:  Ayes 56.

        10                       ACTING PRESIDENT MARCELLINO:

        11       The bill is passed.

        12                       Senator Skelos.

        13                       SENATOR SKELOS:   Can we take

        14       up Senator Saland's bill, Calendar Number 318,

        15       Senate 1417.

        16                       ACTING PRESIDENT MARCELLINO:

        17       Secretary will read.

        18                       THE SECRETARY:  Calendar Number

        19       318, by Senator Saland, Senate Print 1417, an

        20       act to amend the Criminal Procedure Law and the

        21       Family Court Act, in relation to access to

        22       records.

        23                       ACTING PRESIDENT MARCELLINO:











                                                             
1984

         1       Senator Saland, an explanation has been asked

         2       for by Senator Paterson.

         3                       SENATOR SALAND:   Thank you,

         4       Mr. President.

         5                       Mr. President, the purpose of

         6       this bill is relatively simple.  It's intended

         7       to provide the Crime Victims Board with the

         8       ability to access information that would

         9       otherwise be sealed as part and parcel of their

        10       doing their investigation for purposes of

        11       providing an award to a victim.  Those

        12       records -- the seal would be removed, the

        13       records contained in those files would continue

        14       to remain confidential, would not be used for

        15       any other purpose other than permitting the

        16       Crime Victims Board to do the job that it's

        17       been designated to do and determine whether or

        18       not, under the circumstances in a particular

        19       case, someone claiming some type of

        20       compensation for their crime-related injuries

        21       is, in fact, entitled to that compensation.

        22                       ACTING PRESIDENT MARCELLINO:

        23       Senator Paterson.











                                                             
1985

         1                       SENATOR PATERSON:   Senator,

         2       I'm just really trying to establish, did

         3       this -

         4                       ACTING PRESIDENT MARCELLINO:

         5       Excuse me, Senator.  Senator, do you yield to

         6       Senator Paterson?

         7                       SENATOR SALAND:   Yes, Mr.

         8       President.

         9                       ACTING PRESIDENT MARCELLINO:

        10       Senator yields.

        11                       SENATOR PATERSON:   I'm really

        12       just trying to make sure that there's a limited

        13       purpose to the strength of your law, that it

        14       doesn't actually wind up being abused, and so

        15       it would be fair to say it's just limited to

        16       the proceedings that you've described and would

        17       not go beyond that, because there would be

        18       somewhat of a danger of abuse of these types of

        19       records becoming too public.

        20                       SENATOR SALAND:   I believe

        21       that the bill is specific, and it certainly is

        22       not my intention, in drafting this legislation,

        23       to expand it beyond the parameters defined in











                                                             
1986

         1       the bill.  It talks about certain YO

         2       proceedings; it talks about, I believe, certain

         3       PINS and JD proceedings.

         4                       The bill, again, is specific.

         5                       SENATOR PATERSON:   In the

         6       spirit that it will limit itself to crime

         7       victims' compensation, I want to thank Senator

         8       Saland for his response.

         9                       ACTING PRESIDENT MARCELLINO:

        10       Read the last section, please.

        11                       THE SECRETARY:  Section 5.

        12       This act shall take effect immediately.

        13                       ACTING PRESIDENT MARCELLINO:

        14       Call the roll.

        15                       (The Secretary called the

        16       roll.)

        17                       THE SECRETARY:  Ayes 57.

        18                       ACTING PRESIDENT MARCELLINO:

        19       The bill is passed.

        20                       SENATOR SKELOS:  Mr. President,

        21       is there any housekeeping at the desk?

        22                       ACTING PRESIDENT MARCELLINO:

        23       Senator Skelos, at this point in time, we are











                                                             
1987

         1       waiting for a committee report, but we do have

         2       Senator Kuhl behind you.

         3                       May we recognize Senator Kuhl.

         4                       SENATOR KUHL:   Thank you, Mr.

         5       President.   I'd like to have unanimous consent

         6       to be recorded in the negative on Calendar

         7       Number 260, Senator LaValle's bill, Senate

         8       2136.

         9                       ACTING PRESIDENT MARCELLINO:

        10       Without objection, Senator Kuhl will be held in

        11       the negative for Calendar Number 260.

        12                       SENATOR KUHL:   Thank

        13       you, Mr. President.

        14                       SENATOR SKELOS:  Mr. President,

        15       we'll just stand at ease pending the report of

        16       the Committee on Alcoholism and Drug Abuse.

        17                       ACTING PRESIDENT MARCELLINO:

        18       The Senate will be at ease pending the report

        19       from the Committee on Alcohol and Drug Abuse.

        20                       (The Senate stood at ease.)

        21                       ACTING PRESIDENT MARCELLINO:

        22       Senator Saland.

        23                       SENATOR SALAND:   For purposes











                                                             
1988

         1       of housekeeping, Mr. President, I'd like to

         2       place a sponsor's star on Calendar 391, Senate

         3       2595, and similarly, Calendar 392, Senate 3596.

         4                       ACTING PRESIDENT MARCELLINO:

         5       The bills are starred.

         6                       (The Senate continued to stand

         7       at ease.)

         8                       SENATOR SKELOS:   Mr.

         9       President.

        10                       ACTING PRESIDENT MARCELLINO:

        11       Senator Skelos.

        12                       SENATOR SKELOS:   I believe

        13       there is a report of the Alcoholism and

        14       Substance Abuse Committee at the desk; I ask

        15       that it be read.

        16                       ACTING PRESIDENT MARCELLINO:

        17       Secretary will read.

        18                       THE SECRETARY:  Senator Wright

        19       from the Committee on Alcoholism and Drug

        20       Abuse, offers up the following bills:

        21                       Senate Print 6299, an act to

        22       amend the Mental Hygiene Law, in relation to

        23       creating a single advisory council on











                                                             
1989

         1       alcoholism and substance abuse;

         2                       Also Senate Bill 6300, by

         3       Senator Wright, an act to amend the Mental

         4       Hygiene Law, In relation to the provision of

         5       chemical dependent services.

         6                       All bills directly for third

         7       reading.

         8                       ACTING PRESIDENT MARCELLINO:

         9       Without objection, all bills will be reported

        10       directly to third reading.

        11                       Senator Skelos.

        12                       SENATOR SKELOS:   Is there any

        13       other housekeeping at the desk?

        14                       ACTING PRESIDENT MARCELLINO:

        15       No, sir.

        16                       SENATOR SKELOS:   There being

        17       no further business, I move we adjourn until

        18       Tuesday, March 12, 1996 at 3 p.m. Sharp.

        19                       ACTING PRESIDENT MARCELLINO:

        20       Without objection, the Senate stands adjourned

        21       until Tuesday, March 12 at 3 p.m. Sharp.

        22                       (Whereupon, at 3:35 p.m., the

        23       Senate adjourned.)