Regular Session - April 10, 2000

                                                              2205



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                              April 10, 2000

                                 2:14 p.m.





                              REGULAR SESSION







                 LT. GOVERNOR MARY O. DONOHUE, President

                 STEVEN M. BOGGESS, Secretary

















                                                          2206



                           P R O C E E D I N G S

                            THE PRESIDENT:    The Senate will

                 come to order.

                            I ask everyone present to please

                 rise and repeat with me the Pledge of

                 Allegiance.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            THE PRESIDENT:    In the absence of

                 clergy, may we bow our heads in a moment of

                 silence.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            THE PRESIDENT:    Reading of the

                 Journal.

                            THE SECRETARY:    In Senate,

                 Friday, April 7th, the Senate met pursuant to

                 adjournment.  The Journal of Thursday,

                 April 6th, was read and approved.  On motion,

                 Senate adjourned.

                            THE PRESIDENT:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.





                                                          2207



                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Thank you,

                 Madam President.

                            On behalf of Senator Seward, please

                 place a sponsor's star on Calendar Number 516.

                            THE PRESIDENT:    The bill is

                 starred, Senator.

                            SENATOR FUSCHILLO:    On behalf of

                 Senator Skelos, on page number 22 I offer the

                 following amendments to Calendar Number 466,

                 Senate Print 902C, and ask that said bill

                 retain its place on the Third Reading

                 Calendar.

                            THE PRESIDENT:    The amendments

                 are received, and the bill will retain its

                 place on Third Reading Calendar.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Thank you,

                 Madam President.





                                                          2208



                            On behalf of Senator DeFrancisco, I

                 wish to call up Senate Print Number 4417,

                 recalled from the Assembly, which is now at

                 the desk.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 353, by Senator DeFrancisco, Senate Print

                 4417, an act to amend the Parks, Recreation

                 and Historic Preservation Law.

                            THE PRESIDENT:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    I now move to

                 reconsider the vote by which this bill was

                 passed.

                            THE PRESIDENT:    The Secretary

                 will call the roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 37.

                            THE PRESIDENT:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    I now offer

                 the following amendments.

                            THE PRESIDENT:    Amendments

                 received, Senator.





                                                          2209



                            Senator Farley.

                            SENATOR FARLEY:    Thank you, Madam

                 President.

                            On behalf of Senator Skelos, please

                 remove the sponsor star from Calendar Number

                 206.

                            THE PRESIDENT:    So ordered,

                 Senator.

                            SENATOR FARLEY:    Madam President,

                 I wish to call up, on behalf of Senator

                 Morahan, his bill, Print Number 6240, which

                 was recalled from the Assembly, which is now

                 at the desk.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 459, by Senator Morahan, Senate Print 6240, an

                 act to amend Chapter 235 of the Laws of 1865.

                            THE PRESIDENT:    Senator Farley.

                            SENATOR FARLEY:    I now move to

                 reconsider the vote by which this bill was

                 passed.

                            THE PRESIDENT:    The Secretary

                 will call the roll upon reconsideration.

                            (The Secretary called the roll.)





                                                          2210



                            THE SECRETARY:    Ayes, 40.

                            SENATOR FARLEY:    Madam President.

                            THE PRESIDENT:    Senator Farley.

                            SENATOR FARLEY:    Thank you.  I

                 now offer the following amendments to that

                 bill.

                            THE PRESIDENT:    The amendments

                 are received, Senator.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could take up the noncontroversial

                 calendar.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 23, by Senator DeFrancisco, Senate Print 538,

                 an act to amend the Penal Law, in relation to

                 the payment of reparation or restitution.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.





                                                          2211



                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 24, by Senator DeFrancisco, Senate Print 539,

                 an act to amend the Criminal Procedure Law, in

                 relation to the collection of court-imposed

                 financial obligations.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 38, by Senator Volker, Senate Print 5831, an

                 act to amend the Criminal Procedure Law, in

                 relation to expanding the rights of victims.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.





                                                          2212



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 151, by Member of the Assembly DiNapoli,

                 Assembly Print 5513A, an act to amend the

                 Environmental Conservation Law and the

                 Agriculture and Markets Law, in relation to

                 prohibiting the use.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            SENATOR HEVESI:    Lay it aside.

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 243, by Senator Nozzolio, Senate Print 635, an

                 act to amend the Executive Law, in relation to

                 making available to their victims the proceeds





                                                          2213



                 of civil recoveries.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 426, by Senator Meier, Senate Print 6267, an

                 act to amend the Criminal Procedure Law, in

                 relation to excluding certain felonies from

                 receiving orders.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            THE PRESIDENT:    The bill is





                                                          2214



                 passed.

                            THE SECRETARY:    Calendar Number

                 437, by Senator Kuhl, Senate Print 1824A, an

                 act to amend the Agriculture and Markets Law,

                 the Real Property Law, and the Real Property

                 Tax Law, in relation to real property.

                            THE PRESIDENT:    Read the last -

                            SENATOR PATERSON:    Lay it aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 450, by Senator Skelos, Senate Print 1018, an

                 act to amend the Family Court Act and the

                 Criminal Procedure Law, in relation to the age

                 of child witnesses.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first day of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            THE PRESIDENT:    The bill is

                 passed.





                                                          2215



                            THE SECRETARY:    Calendar Number

                 514, by Senator Meier, Senate Print 4025A, an

                 act to amend the General Municipal Law, in

                 relation to authorizing an increase in the

                 charge that may be imposed for a returned

                 check.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect January 1, 2001.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 49.  Nays,

                 2.  Senators Fuschillo and Velella recorded in

                 the negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 545, by Senator Saland, Senate Print 6758, an

                 act to amend the Criminal Procedure Law, in

                 relation to authorizing child witnesses.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.





                                                          2216



                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 628, by Senator Balboni, Senate Print 5907, an

                 act to amend the Environmental Conservation

                 Law, in relation to establishing a linked

                 deposit program.

                            SENATOR DOLLINGER:    Lay it aside.

                            THE PRESIDENT:    The bill is laid

                 aside, Senator.

                            Senator Skelos, that completes

                 the -- Senator Montgomery.

                            SENATOR MONTGOMERY:    Yes, I'm

                 sorry, Madam President, I was not prepared.

                            But on Calendar 243, I would like

                 unanimous consent to be recorded in the

                 negative.

                            THE PRESIDENT:    Without

                 objection, Senator Montgomery, you will be

                 recorded as voting in the negative on 243.

                            SENATOR MONTGOMERY:    Thank you.

                            THE PRESIDENT:    Senator Skelos,





                                                          2217



                 that completes the noncontroversial reading of

                 the calendar.

                            SENATOR SKELOS:    Madam President,

                 if we could take up the controversial

                 calendar.

                            THE PRESIDENT:    The Secretary

                 will read the last section.

                            THE SECRETARY:    Calendar Number

                 151, by Member of the Assembly DiNapoli,

                 Assembly Print 5513A, an act to amend the

                 Environmental Conservation Law and the

                 Agriculture and Markets Law.

                            SENATOR DOLLINGER:    Explanation,

                 please, Madam President.

                            THE PRESIDENT:    Senator

                 Marcellino, Senator Dollinger has requested an

                 explanation.

                            SENATOR MARCELLINO:    Thank you,

                 Madam President.  It will be a pleasure to

                 give the Senator an explanation of this

                 particular bill.

                            MTBE was originally added to

                 gasoline to protect our air quality.  The

                 petroleum industry, at the request of the EPA,

                 added this substance to gasoline as it moved





                                                          2218



                 to comply with the federal requirements to

                 have at least 2 percent oxygen in gasoline in

                 areas where major air pollution problems

                 exist -- that is, the downstate areas of this

                 state.

                            While the original intent was

                 laudable, the air benefits were not as great

                 as expected.  And those limited benefits have

                 come at a cost to our water quality.  We have

                 subsequently found out, Madam President, that

                 MTBE has an affinity for water greater than

                 gasoline would normally.

                            Neither substance is a good thing.

                 Gasoline is a nasty thing.  When it enters our

                 environment, it does nasty things to the

                 environment.  MTBE apparently, in concert with

                 gasoline, moves it quicker through the ground,

                 and it moves towards water sources,

                 particularly wells, drinking water wells,

                 where it has been detected in these wells on

                 Long Island and in other places throughout the

                 state.

                            Other states, including California,

                 have banned the use of the particular additive

                 MTBE.  We've not banned the use of an





                                                          2219



                 oxygenate.  We are taking out a particular

                 substance.

                            The federal legislation requires

                 oxygenates and does mention MTBE specifically.

                 We would suggest to them, seek an alternative

                 substance -- ethanol, for example, which is

                 used in the Midwest -- that does not have the

                 same impact on our water supply and is used

                 out West.

                            So we're in concert with the

                 Assembly in allowing the gasoline sellers to

                 retool and refit and produce enough ethanol to

                 get it into the system to substitute, should

                 that be their desire, or to substitute another

                 additive, should that be their desire.

                            It is my understanding that the

                 Clinton administration has agreed that the

                 EPA, through Carol Browner, the director of

                 the EPA, will be also amending this

                 legislation on a voluntary basis.  However, we

                 don't know when that will occur.

                            And we feel it is imperative that

                 New York State not be left behind and that we

                 establish ourselves firmly on the record that

                 we think this substance is a hazard to water,





                                                          2220



                 it's a hazard to our health and should be

                 removed as a problem in our gasoline.

                            By the way, it does account for

                 about 15 percent of every gallon of gasoline.

                            THE PRESIDENT:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Madam

                 President, will the sponsor yield to a couple

                 of questions, please?

                            THE PRESIDENT:    Does the sponsor

                 yield?

                            SENATOR MARCELLINO:    Sure.

                 Absolutely.

                            SENATOR DOLLINGER:    Thank you,

                 Madam President.

                            Senator Marcellino, is there a

                 definition of the phrase "gasoline" in some

                 other portion of the Agriculture and Markets

                 Law other than the section that you're

                 amending, 192G -

                            SENATOR MARCELLINO:    I don't

                 know, Senator.

                            SENATOR DOLLINGER:    -- do you

                 know?

                            SENATOR MARCELLINO:    I really





                                                          2221



                 don't know.

                            SENATOR DOLLINGER:    Okay.  My

                 question, if Senator Marcellino will continue

                 to yield, Madam President.

                            THE PRESIDENT:    Senator -

                            SENATOR MARCELLINO:    Yes.

                            THE PRESIDENT:    Go ahead, Senator

                 Dollinger.

                            SENATOR DOLLINGER:    The reason

                 for my question is my understanding is that

                 the MTBE is also included in motor oil, in

                 addition to gasoline.  And that one of the

                 problems with MTBE is that it -- in two-stroke

                 engines, in which you use a combination of oil

                 and gasoline in the same mixture, that the

                 MTBE problem is in the motor oil as much as

                 it's in the gasoline.

                            Therefore, my question is, Senator

                 Marcellino, if we're simply saying that MTBE

                 can't be used in gasoline, is that enough to

                 get at the problem?  Or do we need to broaden

                 it to include motor oil itself?

                            SENATOR MARCELLINO:    I'm being

                 advised by counsel that we believe our bill

                 does deal with the two-stroke engine problem,





                                                          2222



                 because that would both take oil and gasoline

                 and admit both at the same time into your

                 water problem.

                            To be more specific, though, I

                 think we'd have to look in more detail to see

                 if in fact MTBE is included as an additive in

                 motor oil.  I do not know the answer to that

                 question at this point in time.  It's a good

                 question.  And we'll look at it.

                            We do believe, however, that

                 probably 95 percent, if not 99 percent, of the

                 problem's cause will come from gasoline spills

                 in particular.

                            And that's why organizations like

                 the Long Island Water Conference are with us,

                 because they are the people who manage the

                 water districts and work with the water, the

                 drinking waters of our constituents.  They

                 have expressed extreme concern with this

                 additive, because it gets near their wells.

                 And when it does, they have to shut them down.

                            This is not a good thing for us,

                 obviously, and it wouldn't be a good thing for

                 anybody.  So we're very concerned that we move

                 ahead with this issue.  However, you raise a





                                                          2223



                 point.  We will check to see if in fact motor

                 oil is a problem.

                            SENATOR DOLLINGER:    Thank you,

                 Madam President.  Just briefly on the bill.

                            And I appreciate Senator

                 Marcellino's candor in dealing with the

                 question of motor oil, because the bill as

                 it's currently drafted talks about gasoline as

                 being the source of the MTBE problem.

                            And it's my understanding that

                 there's emerging evidence that the motor oil

                 itself may have an impact, especially in the

                 two-stroke, the two-cycle engines, which are

                 most prominently featured in jet skis, but

                 also used in smaller engines that are

                 associated with pleasure craft in New York

                 State.

                            I'm going to vote in favor of this

                 bill.  This is clearly the right thing to do.

                 I just want to make sure that we include motor

                 oil within the definition of gasoline, to be

                 absolutely assured that we're not selling

                 products or authorizing the sale of products

                 that feature MTBE as an oxygen-adding agent

                 into two-stroke engines -- so that while we





                                                          2224



                 may ban it in gasoline, we don't ban it in

                 motor oil as well, which may also be part of

                 the problem.

                            But I think this is a two-stroke

                 engine problem, a two-cycle engine problem,

                 because the internal combustion is not as

                 pronounced as in the four-stroke engines.

                            And I would just suggest that this

                 is a good bill.  I think this goes well down

                 the road.  I would simply suggest that we make

                 sure we close all the loose ends with respect

                 to MTBEs.  We don't need them anywhere in our

                 water supply in New York State.

                            Thank you, Madam President.

                            SENATOR MARCELLINO:    Madam

                 President, just to close, there's a Section B

                 on the reverse side of the bill, in -- on

                 line -- starting on line 3 on page 2 of the

                 bill, it talks about "no provision of this

                 subdivision shall be deemed to authorize the

                 use of MTBE as an oxygenate in any motor fuel

                 imported into or sold or offered for sale in

                 this state," which we feel would take that

                 into consideration.

                            And counsel has just checked.  We





                                                          2225



                 don't believe that MTBE is an additive to

                 motor oil at all.  However, we'll check even

                 further, we'll continue to double-check that.

                 But we don't believe it's part of that

                 situation, so it would not be a problem of

                 concern.  But we'll look at it anyway just to

                 be sure.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect January 1, 2004.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 437, by Senator Skelos, Senate Print 972A, an

                 act to amend the Correction Law and the

                 Executive Law, in relation to requiring.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 21st day of

                 January.





                                                          2226



                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 437 are

                 Senators Duane, Montgomery, and Schneiderman.

                 Ayes, 55.  Nays, 3.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 628, by Senator Balboni, Senate Print 5907, an

                 act to amend the Environmental Conservation

                 Law and others, in relation to establishing a

                 linked deposit program.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 15.  This

                 act shall take effect on the 180th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Skelos, that completes the

                 reading of the controversial calendar.

                            SENATOR SKELOS:    Madam President,





                                                          2227



                 is there any housekeeping at the desk?

                            THE PRESIDENT:    No, there isn't,

                 Senator.

                            SENATOR SKELOS:    Would you please

                 go to motions to discharge.

                            THE PRESIDENT:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  I believe I have a motion at

                 the desk.  I would request that it be called

                 up at this time.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Senate Bill

                 Number 2738A, by Senator Schneiderman, an act

                 to amend the Labor Law, in relation to

                 increasing the minimum wage.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President, if I may speak on the motion.

                            This is a very straightforward

                 piece of legislation.  I think many people are

                 aware that the last ten years has seen the

                 greatest economic boom in the history of the

                 United States.  What many people don't realize

                 is that in New York State, eight out of 10





                                                          2228



                 people have seen their real incomes decline.

                 Eight out of 10.  That's according to

                 statistics that were released in the last two

                 months.

                            This is an astonishing result.  We

                 are now the state with the most inequitable

                 distribution of wealth in the country.

                            This legislation is an extremely

                 modest step towards redressing this problem.

                 It would raise the minimum wage to $6.75 per

                 hour and index it so that it can be raised as

                 the Consumer Price Index changes in the

                 future.

                            It's really unbelievable that in

                 this time where the rich are getting so rich,

                 that those who work for minimum wage,

                 supporting families, are at a poverty level

                 under the current law.  I'd urge that we bring

                 this bill to the floor and that we pass it.

                 It's the least we can do and it is, as I say,

                 really a very small first step towards

                 addressing the monumental issue of economic

                 inequity and injustice in our state.

                            Thank you.

                            THE PRESIDENT:    All those in





                                                          2229



                 favor of accepting the motion to discharge

                 signify by saying aye.

                            SENATOR PATERSON:    Party vote in

                 the affirmative.

                            SENATOR SKELOS:    Party vote in

                 the negative.

                            THE PRESIDENT:    The Secretary

                 will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 24.  Nays,

                 34.  Party vote.

                            THE PRESIDENT:    The motion is

                 defeated.

                            SENATOR OPPENHEIMER:    Madam

                 President.

                            THE PRESIDENT:    Senator

                 Oppenheimer.

                            SENATOR OPPENHEIMER:    I believe I

                 have a motion at the desk, and I'd like to

                 waive its reading, if I may, and explain it.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Senate Bill

                 Number 6859, by Senator Oppenheimer, an act to

                 amend the Environmental Conservation Law and





                                                          2230



                 the Public Health Law, in relation to

                 environmental facility.

                            THE PRESIDENT:    Senator

                 Oppenheimer.

                            SENATOR OPPENHEIMER:    Thank you.

                            I think this is a bill that

                 probably everybody could easily support.  And

                 to make a personal reference, there are a few

                 of us here in the Senate that have survived

                 cancer, and I think for those of us I think it

                 is a very meaningful bill.

                            This concerns the mapping of

                 environmental facilities with the

                 cancer-incidence information that we have.  It

                 would direct DEC to plot on computer-generated

                 maps environmental facilities and sites and

                 then match that with the incidence of cancer,

                 with that information which is now available

                 through the Department of Health.  And this

                 data would be plotted on -- by census blocs.

                            Right now, as you all know, we do

                 have -- we're trying to find out more

                 information about cancer clusters and how

                 these clusters relate to certain environmental

                 facilities such as industrial facilities,





                                                          2231



                 power plants, contamination of sites like

                 Superfund sites, abandoned industrial sites,

                 landfills, brownfields.

                            And what we have done is we've done

                 the work with pesticides, so that we now know

                 where the incidence of cancer relates to

                 pesticides.  But we feel that it is just as

                 valid, if not more valid, to find out where

                 the incidence of cancer is vis-a-vis the

                 actual facilities that might be causing

                 cancer.

                            And this bill would require every

                 doctor, dentist, and other health-care

                 provider to report every cancer case to the

                 Department of Health, including the genetic

                 history, the occupational history, the age,

                 residency history, and other risk factors.

                            Currently DOH does list these

                 incidences, but they list it by counties.

                 Now, if we're going to try and get more

                 definitive information, we need to list it

                 more by zip code, get it much more defined so

                 that we will be able to map cancer clusters.

                            So that's the bill, and I would

                 move it.  And afterwards I'd like to say a few





                                                          2232



                 words about Earth Day.

                            THE PRESIDENT:    All in favor of

                 accepting the motion to discharge signify by

                 saying aye.

                            SENATOR PATERSON:    Party vote in

                 the affirmative.

                            SENATOR SKELOS:    Party vote in

                 the negative.

                            THE PRESIDENT:    The Secretary

                 will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 25.  Nays,

                 34.  Party vote.

                            THE PRESIDENT:    The motion is

                 defeated.

                            Senator Oppenheimer.

                            SENATOR OPPENHEIMER:    I just want

                 to take a moment to take note of Earth Day,

                 and to thank dear Gaylord Nelson for giving

                 us -

                            THE PRESIDENT:    Senator

                 Oppenheimer, could we delay this until after

                 Senator Duane's motion, please?

                            SENATOR OPPENHEIMER:    Of course

                 we can.





                                                          2233



                            THE PRESIDENT:    Thank you.

                            SENATOR OPPENHEIMER:    Sure.

                            THE PRESIDENT:    Senator Duane.

                            SENATOR DUANE:    Thank you, Madam

                 President.

                            I believe there's a motion at the

                 desk.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Senate Bill

                 Number 7024, by Senator Duane, an act to amend

                 the Insurance Law, in relation to health

                 insurance coverage for the treatment of

                 mental, nervous, and emotional disorders and

                 ailments.

                            SENATOR DUANE:    Thank you, Madam

                 Chair.  I'd like to waive the reading and just

                 be heard on the motion.

                            Thank you very much.  During my

                 short tenure here in the State Senate, I think

                 it would come as no surprise to people if I

                 said one of my goals has been to protect all

                 of our state's citizens.  Particularly in a

                 state as diverse as New York, I think that

                 it's vital that we look at everyone's needs





                                                          2234



                 and try to help them.

                            My bill does that.  It provides

                 health insurance policies and health

                 maintenance organizations -- it makes sure

                 that they treat patients with mental illnesses

                 the same as patients with physical ailments

                 are treated.  And so, in fact, it's a mental

                 health parity bill.

                            The bill would require that all

                 group or blanket accident or health insurance

                 policies provide mental health coverage for

                 inpatient care.  If they're already doing that

                 now, they must provide it under the same

                 guidelines as it sets for other illnesses.

                            And outpatients may not be

                 restricted to a certain number of visits.  In

                 fact, that's one of the more absurd ways that

                 we treat mental health in this state, that we

                 believe we know exactly how long it takes to

                 treat a mental illness.

                            This bill does not provide greater

                 coverage for mental illnesses, it provides for

                 equal treatment.  For too long, mental health

                 and mental illness and people who are seeking

                 treatment for mental illness have had to live





                                                          2235



                 with stigmatization.  And even today, people

                 are afraid to seek treatment for fear that

                 that will forever label them as being somehow

                 flawed.

                            That's much different than what we

                 do when someone has been treated for a

                 physical ailment, and when they come back to

                 health, they're treated equally by society.

                            No other disease is discriminated

                 against in the same way that mental illness is

                 discriminated against.  And we absolutely have

                 to stop that.

                            Long-term parity for mental health

                 will save the state money, it will make for a

                 better quality of life for its citizens.  And

                 in fact, that's been recognized already by 21

                 states around the nation.  And it's a shame

                 that New York State is not going to -- without

                 the passage of this legislation, will fall

                 into those states, in sort of the latter half

                 of the 50 states that don't recognize the

                 importance of parity for mental health.

                            So the time to rectify this

                 unfairness is now.  Let's make New York State

                 Number 22 and adopt a law that will provide





                                                          2236



                 for mental health insurance parity.

                            Thank you, Madam President.

                            THE PRESIDENT:    All in favor of

                 accepting the motion to discharge signify by

                 saying aye.

                            SENATOR PATERSON:    Party vote in

                 the affirmative.

                            SENATOR SKELOS:    Party vote in

                 the negative.

                            THE PRESIDENT:    The Secretary

                 will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 25.  Nays,

                 34.  Party vote.

                            THE PRESIDENT:    The motion is

                 defeated.

                            Senator Oppenheimer.

                            SENATOR OPPENHEIMER:    Thank you,

                 Madam President.

                            Well, we did have a resolution on

                 the calendar last week concerning Earth Day,

                 and it was open to anybody who wanted to

                 cosponsor here.  And we talked about a variety

                 of things, like refinancing Superfund and

                 energy efficiency and clean, renewable





                                                          2237



                 alternative power, citizens' suits, waste-hire

                 problem -- well, no policy, a waste-hire

                 problem.  So I don't guess I'll go through

                 that again today.

                            But I would like to reference

                 something that's going to happen this week

                 that I think is very interesting and a lot of

                 people in hearing my voice might, if they are

                 nearby to New York City, might be interested

                 in attending this.

                            This is something that's sponsored

                 by the American Museum of Natural History, and

                 it is going to be a two-day conference on

                 Thursday and Friday.  And it's the legacy of

                 urban sprawl.

                            And it discusses, you know, the

                 poor planning and the poor management of

                 development that we have exhibited so far,

                 certainly in the environs of New York City and

                 that has led to all kinds of air and water

                 pollution and traffic congestion and just

                 destruction of communities, destruction of

                 farmland, open space.

                            And so we will be exploring ways to

                 integrate biodiversity conservation into our





                                                          2238



                 decision-making process.  And I think that is

                 something that is very important to us,

                 particularly in suburbia, but also in upstate

                 and farmland communities, because we are

                 seeing sprawl just occur without any informed

                 land-use decision-making.

                            And I'm going to be there.  I'm

                 going to be one of the speakers.  But I think

                 it's an interesting topic.  And some of you

                 might be interested in going to the American

                 Museum of Natural History on Thursday and

                 Friday, all day, both days, over by about 4:30

                 in the afternoon.

                            Thank you very much, Madam

                 President.

                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 are there any other public service

                 announcements to be made?

                            There being no further business to

                 come before the Senate, I move we adjourn

                 until Tuesday, April 11th, at 3:00 p.m.

                            THE PRESIDENT:    On motion, the

                 Senate stands adjourned until Tuesday,

                 April 11th, 3:00 p.m.





                                                          2239



                            (Whereupon, at 2:45 p.m., the

                 Senate adjourned.)