Regular Session - May 6, 1998
3062
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
3063
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.
3064
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
3065
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
3066
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
3067
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.
3068
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.
3069
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
3070
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
3071
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
3072
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
3073
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
3074
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
3075
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
3076
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
3077
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.
3078
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.
3079
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
3080
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
3081
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.
3082
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.
3083
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.
3084
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
3085
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.
3086
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
3087
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.
3088
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.
3089
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.
3090
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.
3091
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.
3092
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
3093
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
3094
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,
3095
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
3096
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
3097
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
3098
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.
3099
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.
3100
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.)
3101
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
3102
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
3103
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
3104
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.
3105
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
3106
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