Regular Session - May 5, 2004

    

 
                                                        2236



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                                May 5, 2004

                                 11:11 a.m.





                              REGULAR SESSION







            LT. GOVERNOR MARY O. DONOHUE, President

            STEVEN M. BOGGESS, Secretary















                                                        2237



                           P R O C E E D I N G S

                            THE PRESIDENT:    The Senate will

                 please 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, please.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            THE PRESIDENT:    Reading of the

                 Journal.

                            THE SECRETARY:    In Senate,

                 Tuesday, May 4, the Senate met pursuant to

                 adjournment.  The Journal of Monday, May 3,

                 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.



                                                        2238



                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Wright.

                            SENATOR WRIGHT:    Thank you, Madam

                 President.

                            THE PRESIDENT:    You're welcome.

                            SENATOR WRIGHT:    I wish to call

                 up -- on behalf of myself, I wish to call up

                 my bill, Print Number 6386B, recalled from the

                 Assembly, which is now at the desk.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 585, by Senator Wright, Senate Print 6386B, an

                 act in relation to creating.

                            SENATOR WRIGHT:    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.)



                                                        2239



                            THE SECRETARY:    Ayes, 38.

                            THE PRESIDENT:    Senator Wright.

                            SENATOR WRIGHT:    I now offer the

                 following amendments.

                            THE PRESIDENT:    The amendments

                 are received.

                            Senator Wright.

                            SENATOR WRIGHT:    On behalf of

                 Senator Volker, I move to recommit Senate

                 Print Number 6982, Calendar Number 1019 on

                 order of first report, to the Committee on

                 Education, with instructions to strike the

                 enacting clause.

                            THE PRESIDENT:    So ordered.

                            SENATOR WRIGHT:    Thank you.

                            THE PRESIDENT:    You're welcome.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, are there any substitutions at the

                 desk?

                            THE PRESIDENT:    Yes, there are,

                 Senator.

                            SENATOR FUSCHILLO:    Please read.

                            THE PRESIDENT:    The Secretary

                 will read.



                                                        2240



                            THE SECRETARY:    On page 4,

                 Senator Spano moves to discharge, from the

                 Committee on Labor, Assembly Bill Number 8180A

                 and substitute it for the identical Senate

                 Bill Number 3766A, First Report Calendar 965.

                            On page 7, Senator Velella moves to

                 discharge, from the Committee on

                 Transportation, Assembly Bill Number 9265 and

                 substitute it for the identical Senate Bill

                 Number 5852, First Report Calendar 995.

                            On page 8, Senator Farley moves to

                 discharge, from the Committee on

                 Transportation, Assembly Bill Number 9705A and

                 substitute it for the identical Senate Bill

                 Number 6835, First Report Calendar 1002.

                            On page 8, Senator Morahan moves to

                 discharge, from the Committee on Veterans,

                 Homeland Security and Military Affairs,

                 Assembly Bill Number 5038 and substitute it

                 for the identical Senate Bill Number 3047,

                 First Report Calendar 1005.

                            On page 9, Senator Kuhl moves to

                 discharge, from the Committee on Commerce,

                 Economic Development and Small Business,

                 Assembly Bill Number 9834 and substitute it



                                                        2241



                 for the identical Senate Bill Number 6239,

                 First Report Calendar 1012.

                            On page 9, Senator Farley moves to

                 discharge, from the Committee on Education,

                 Assembly Bill Number 9706 and substitute it

                 for the identical Senate Bill Number 6861,

                 First Report Calendar 1018.

                            And on page 11, Senator Hoffmann

                 moves to discharge, from the Committee on

                 Local Government, Assembly Bill Number 894 and

                 substitute it for the identical Senate Bill

                 Number 183, First Report Calendar 1032.

                            THE PRESIDENT:    Substitutions

                 ordered.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, there are three resolutions at the

                 desk by Senator Velella.  May we please have

                 the titles read and move for their immediate

                 adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Velella, Legislative Resolution Number 4818,

                 honoring Charles G. Moerdler upon the occasion



                                                        2242



                 of his designation as the recipient of

                 Manhattanville College's "Castle Award."

                            By Senator Velella, Legislative

                 Resolution Number 4819, honoring Benjamin Chu,

                 M.D., MPH, upon the occasion of his

                 designation as recipient of the "Joan McHugh

                 Lifetime Achievement Award" from the United

                 Odd Fellow & Rebekah Nursing Home, on May 13,

                 2004.

                            And by Senator Velella, Legislative

                 Resolution Number 4820, commending the United

                 Odd Fellow & Rebekah Nursing Home for its long

                 history of enriching the lives of seniors and

                 children, on May 13, 2004.

                            THE PRESIDENT:    All in favor of

                 the resolutions please signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolutions

                 are adopted.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, there are two resolutions at the

                 desk by Senator Skelos.  May we please have



                                                        2243



                 the titles read and move for their immediate

                 adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Skelos, Legislative Resolution Number 4821,

                 honoring Detective William A. Lanoue upon the

                 occasion of his retirement after 30 years of

                 distinguished service to the Nassau County

                 Police Department.

                            And by Senator Skelos, Legislative

                 Resolution Number 4822, honoring Detective

                 William Woolsey upon the occasion of his

                 retirement from the Nassau County Police

                 Department after more than 30 years of

                 distinguished service.

                            THE PRESIDENT:    All in favor of

                 the resolutions please signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolutions

                 are adopted.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam



                                                        2244



                 President, may we please have the reading of

                 the noncontroversial calendar.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 238, by Senator Little, Senate Print 4982, an

                 act to amend the General Municipal Law and

                 others, in relation to interest rate on

                 judgments.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 477, by Senator Fuschillo, Senate Print 4988A,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to adding aggravated vehicular

                 assault.

                            THE PRESIDENT:    Read the last

                 section.



                                                        2245



                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the same date and in

                 the same manner as a chapter of the Laws of

                 2004.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 533, by Member of the Assembly Schimminger,

                 Assembly Print Number 10037 --

                            SENATOR SABINI:    Lay it aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 692, by Senator Leibell, Senate Print 6601, an

                 act in relation to creating the North Salem

                 Library --

                            SENATOR FUSCHILLO:    Lay it aside

                 for the day.

                            THE PRESIDENT:    The bill is laid

                 aside for the day.

                            THE SECRETARY:    Calendar Number

                 747, by Senator Kuhl, Senate Print 4912, an



                                                        2246



                 act to amend the Transportation Law, in

                 relation to the regulation of the

                 transportation of property.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 20.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 760, by Senator Saland, Senate Print 6654, an

                 act to amend the Highway Law, in relation to

                 designating a portion of the state highway

                 system.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            THE PRESIDENT:    The bill is



                                                        2247



                 passed.

                            THE SECRETARY:    Calendar Number

                 778, by Senator Farley, Senate Print 6771, an

                 act to amend the Real Property Tax Law, in

                 relation to providing a tax exemption.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of January.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 779, by the Assembly Committee on Rules,

                 Assembly Print Number 10844, an act to amend

                 the General Municipal Law, in relation to

                 financial disclosure.

                            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.)



                                                        2248



                            THE SECRETARY:    Ayes, 46.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 784, by Senator Skelos, Senate Print 1019, an

                 act to amend the Correction Law, in relation

                 to petitions for relief.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 794, by Senator LaValle, Senate Print 334A, an

                 act to amend the Education Law, in relation to

                 safety.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 90th day.

                            THE PRESIDENT:    Call the roll.



                                                        2249



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 819, by Senator Marchi, Senate Print 6595, an

                 act to amend the Lien Law, in relation to

                 necessary parties.

                            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, 51.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 847, by Senator Larkin, Senate Print 1225A, an

                 act to amend the Civil Practice Law and Rules,

                 in relation to authorizing.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.



                                                        2250



                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 852, by Senator Golden, Senate Print 3972A, an

                 act to amend the Penal Law, in relation to

                 financial exploitation of the elderly.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the first of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 883, by Senator Marcellino, Senate Print 5077,

                 an act to amend the Environmental Conservation

                 Law, in relation to environmental protection.

                            THE PRESIDENT:    Read the last

                 section.



                                                        2251



                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 903, by Senator Rath, Senate Print 6631, an

                 act to amend the County Law and the Town Law,

                 in relation to simplifying various local

                 government practices.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 905, by Senator Volker, Senate Print 6716, an

                 act to amend the Town Law and the Public

                 Officers Law, in relation to the duty of



                                                        2252



                 public officers.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 52.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 920, by Senator Meier, Senate Print 6437, an

                 act to amend the Social Services Law, in

                 relation to consolidating.

                            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, 52.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1010, by the Senate Committee on Rules, Senate



                                                        2253



                 Print Number 5646A --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            Senator Bruno, that completes the

                 noncontroversial reading of the calendar.

                            SENATOR BRUNO:    Madam President,

                 could we at this time recognize Senator

                 DeFrancisco.

                            THE PRESIDENT:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I would

                 request unanimous consent to vote in the

                 negative on Calendar 238, Senate Print 4982,

                 please.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative.

                            Senator Duane.

                            SENATOR DUANE:    Thank you, Madam

                 President.  If I could have unanimous consent

                 to be recorded in the negative on Calendar

                 Numbers 238 and 784.

                            THE PRESIDENT:    Hearing no



                                                        2254



                 objection, you will be so recorded as voting

                 in the negative.

                            Senator Bruno.

                            SENATOR BRUNO:    Madam President,

                 can we at this time take up the controversial

                 calendar, starting with Calendar Number 1010.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 1010, by the Senate Committee on Rules, Senate

                 Print Number 5646A, an act to amend the Public

                 Health Law and others, in relation to the

                 development of comprehensive care centers.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            THE PRESIDENT:    Senator Bruno, an

                 explanation has been requested.

                            SENATOR BRUNO:    Thank you, Madam

                 President and colleagues.

                            The bill on the floor relates to an

                 approach to eating disorders for people here

                 in this state.  It is a very comprehensive

                 approach to helping providers pay for the

                 insurance for people who are diagnosed with a

                 serious eating disorder like anorexia,



                                                        2255



                 bulimia, binge eating.

                            And it also creates three pilot

                 programs here in this state where existing

                 facilities or other facilities will petition

                 with a recommendation on how they can provide

                 comprehensive treatment for people with eating

                 disorders.

                            Now, we in New York State,

                 tragically, are lagging behind other states in

                 dealing with the literally tens of millions of

                 people who have eating disorders.  Now, it's

                 estimated that approximately 10 million young

                 people have serious afflictions.  A lot of

                 people won't admit that they have an eating

                 disorder in a serious way.

                            Now, the question gets to be is it

                 mental, it is physical, it is medical.  The

                 fact of the matter is it is all of those

                 things.  It's emotional, mental, physical,

                 medical.

                            Karen Carpenter died at an early

                 age, one of the most talented ladies in this

                 country.  Why?  Not because she wanted to die.

                 But she had a serious eating disorder, and

                 there was nothing that could be done.  And



                                                        2256



                 when people deprive themselves, their body

                 cannibalizes other organs.  And one of the

                 first things that happens is the heart gets

                 attacked, as in her case.  She literally had a

                 heart attack because she was so

                 malnutritioned.  And then some of them will

                 binge-eat, and their system can't handle it.

                            Now, we have in the chamber people

                 who are courageous enough to step out, to be

                 supportive of this legislation.  We passed it

                 last June; we're going to pass it again.  We

                 changed it some so that we hope the Assembly

                 can take a closer look at the ramifications of

                 it this year.

                            We know they're supportive.  I've

                 talked to the Speaker about it.  Conceptually,

                 they have some relationship to Timothy's Law.

                 And some aspects of this are handled in

                 Timothy's Law.  But we need to do both, and we

                 will get both done.  But what Timothy's Law

                 doesn't do is create a comprehensive treatment

                 in a pilot program.

                            What's tragic -- and I want to just

                 mention some of the organizations and people

                 that are here with us.  What's tragic is you



                                                        2257



                 have a family member, somebody close -- you

                 yourself -- who has a serious disorder, you go

                 to professionals, they will send you to

                 Philadelphia, Princeton, New Jersey, Arizona,

                 Connecticut.  No one will recommend that your

                 loved one or you go to a facility in New York.

                 Why?  Because they don't have the

                 comprehensive treatment, and they're not able

                 to relate as some of the other states have

                 done with their providers.

                            So New York is going to catch up,

                 create this program and surpass other states.

                            We have people here -- a practicing

                 lawyer, Yvonne, who has a serious problem.

                 She has to leave the state to get treatment.

                 Leave her family, leave her support system.

                            There are people who go to Arizona,

                 can't afford for the family to go there.  The

                 program calls for a family to go out there

                 several times to be part of the treatment.

                 How many people can do that?  It is tragic,

                 and it is time for us to take action.

                            I want to thank HEED -- Help End

                 Eating Disorders -- representatives that are

                 here, NEDA, the National Eating Disorders



                                                        2258



                 Association, New York Health Plan Association,

                 all giving us input over the last couple of

                 years.  Albany Medical Center, Four Winds

                 Hospital near here in Saratoga, educators.

                            There are students from Skidmore

                 College that are here, generally, just to be

                 supportive, because they know how serious this

                 is with young people and people generally and

                 how life-threatening this can be.

                            And there is nothing sadder than to

                 watch someone literally dying -- I talked to a

                 mother who watched her 19-year-old daughter

                 die and could not do anything to affect her,

                 to implore her to survive.  Now, not all

                 people are suicidal, but too many of them are.

                 And when they're forced to eat and they're

                 tube-fed, they try and kill themselves because

                 they can't live with themselves.

                            Jenny Lauren, who is the niece of

                 Ralph Lauren -- her dad is in the Ralph Lauren

                 line in Polo clothes, heads that up -- Jenny

                 is here with us.  Jenny wrote this book,

                 Homesick, that I would recommend to anyone.

                 It is, by her own words, tough, very, very

                 direct.  Jenny is here now on her feet.  She



                                                        2259



                 has eating disorders.  She has been treated.

                 She's courageous enough to stand up and talk

                 about it.  She is still under treatment from

                 her body having been dysfunctional as a result

                 of malnutrition, and was operated on, her life

                 has been threatened.  And she is a survivor.

                            So, Jenny, we want to thank you for

                 joining us.  And the others that are here --

                 Yvonne -- for just sharing and caring enough

                 to help others who have a very, very serious

                 problem, and a problem that we're going to do

                 something about and not just watch it continue

                 to go on.

                            So I want to thank you, my

                 colleagues here, for your support, and thank

                 you, Madam President.

                            THE PRESIDENT:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  On the bill.

                            THE PRESIDENT:    You may proceed

                 on the bill.

                            SENATOR SCHNEIDERMAN:    This is a

                 bill that we've all supported in the past, or

                 a slightly varied form of this legislation.



                                                        2260



                 And I think that, as is the case with many

                 areas of medicine and areas of psychological

                 trouble, our cultural awareness of this has

                 evolved.  And years ago, this was not

                 something that was particularly recognized as

                 the serious, serious health threat that it is.

                            Sometimes it requires leadership,

                 and it is great that our house and our leader

                 is showing leadership on this issue.  It is

                 clearly an area that any of us who had have

                 friends or family members who have had eating

                 disorders understands this is an extraordinary

                 serious medical problem.

                            I think that the idea of us getting

                 involved with treatment centers is very

                 positive.  We all support this effort.

                            I think that the only other comment

                 that I would like to make about this is in

                 line with what Senator Bruno just said, that

                 there is a relationship between this and

                 Timothy's Law.  And I think many of you know

                 that today would have been Timothy O'Clair's

                 16th birthday.  And there are a lot of

                 advocates here on that issue.

                            And if I heard correctly, I think



                                                        2261



                 the Senator just said we're going to do that

                 as well this year.  And if we would move

                 forward to a conference committee, if we would

                 move forward to negotiations with the

                 Assembly, we would all support that.  And

                 that, I think, would be a tremendous legacy

                 for this year's legislative session.

                            Just as eating disorders are

                 serious problems and we have to provide

                 treatment for people, we have to provide

                 access, as this legislation contemplates,

                 depression, schizophrenia, anxiety disorders

                 are equally life-threatening.  We should not

                 end this session without addressing those

                 issues as well, and we will certainly, I

                 think, do everything we can do to be

                 supportive in the effort to advance that

                 cause.

                            Let's take a piece of

                 legislation -- and I'm now referring to

                 Timothy's Law, which I think has probably

                 virtually every member of this house as a

                 sponsor of one form or another of it -- and

                 let's get this done.  I commend Senator Bruno

                 for this leadership on the eating disorder



                                                        2262



                 issue.  Let's expand it to other forms of

                 mental difficulty, mental illness.  Let's get

                 this done this year.  And I'm sure this

                 legislation will pass overwhelmingly.  And

                 when Timothy's Law comes to the floor, I'm

                 sure that will pass overwhelmingly as well.

                            THE PRESIDENT:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I rise to

                 commend Senator Bruno for his leadership in

                 this area.  I don't think anyone has any

                 conception of what this disease is unless you

                 know someone very close to you that is

                 afflicted by it.

                            In Syracuse we have a leader, Mary

                 Ellen Clausen, who started an organization

                 called Ophelia's Place.  She's a mother who

                 has two daughters afflicted with this disease.

                 One seems to be doing well; one's a little

                 rocky.

                            On her own, she started meeting

                 with people to try to establish some place

                 that people could go in our community in

                 Central New York in order to find out more

                 about the disease, how it can be treated, what



                                                        2263



                 you do when it happens to you or a loved one.

                            And by the strength of her

                 convictions, there now is, in Syracuse,

                 New York, in my district, Ophelia's Place, a

                 house that she was able to acquire, make it

                 into a small center for anyone that needs

                 information or people that need support to be

                 there.

                            However, the key isn't just

                 information.  The second part is treatment.

                 And if you have to send someone out of the

                 state to have treatment, that is not good.

                 And this component is so very, very important

                 that a coordinated treatment will be available

                 in the state of New York.

                            Now not only will Ophelia's Place

                 be able to help people determine what's

                 available, but hopefully very soon treatment

                 centers here in the state of New York will be

                 available for them as well.

                            Thank you, Senator Bruno.

                            ACTING PRESIDENT FUSCHILLO:

                 Senator Paterson.

                            SENATOR PATERSON:    Thank you,

                 Mr. President.



                                                        2264



                            I'd like to welcome Jenny Lauren

                 here, and the Lauren family, who have so many

                 times given of themselves to help others.  In

                 my district, they have kept, really sometimes

                 by their own effort, a hospital, North General

                 Hospital, in East Harlem, open.

                            And once again, here today, what

                 they've done for the serious eating disorder

                 issues that make people's lives so much more

                 challenging than life already is.

                            And once again, Senator Bruno has

                 seized the moment, as he has done so many

                 times, and expedited something that really

                 needs to be addressed and really needs to be

                 understood.  So it's an issue of education as

                 much as it is health care.

                            So just my heartiest

                 congratulations to the Majority Leader on

                 behalf of the Majority Conference who brought

                 this to the floor today.  And we're very

                 pleased to be asked to be a part of it.  Thank

                 you.

                            ACTING PRESIDENT FUSCHILLO:

                 Senator Hoffmann.

                            SENATOR HOFFMANN:    Thank you, Mr.



                                                        2265



                 President.

                            Thank you, Senator Bruno, once

                 again, for your leadership in an important

                 issue which has been so often misunderstood

                 and regarded as more of a personal problem or

                 a social concern and not correctly identified

                 as a true medical issue.

                            Like so many other maladies that

                 affect women, primarily, in this country, this

                 one has been not given the attention that it

                 deserved, either by the medical community or

                 by the insurance world.  And for us to now

                 bring it out in the open in such a very public

                 way will do more than just create the

                 opportunity for insurance protection to be

                 there, but will also help validate those many

                 young girls who are going through that

                 question of their self-image and need to know

                 that there is a supportive community out there

                 that will help them get in touch with who they

                 are and what size they are and what size God

                 intended them to be.

                            How sad it is in this society that

                 there is a size 6 image for size 12 and 14

                 girls, and that they feel that they must



                                                        2266



                 starve themselves, literally starve themselves

                 to fit some horribly unreasonable expectation

                 of who they are.  And how sad it is that their

                 personal happiness is subjected to this body

                 image that is so utterly unreasonable for the

                 vast majority of American women and girls.

                            While we can't address the problem

                 of how the world portrays women in an

                 unreasonable light over and over again in the

                 mass media and in all of the marketing for

                 products, we can at least be compassionate by

                 bringing our laws into compliance with a true

                 medical situation.

                            I'm very proud that we have this

                 opportunity today to be heard on this issue,

                 and I think it's a very critical first step in

                 helping the young women of this state -- and

                 their families -- who are suffering from

                 anorexia, bulimia, or other eating disorders

                 to get on that track of good health and,

                 equally important, of self-esteem.

                            This is a significant move for us

                 today, and I'm very proud to be a member of

                 the New York State Senate while we are taking

                 the leadership in this area.



                                                        2267



                            And I'd like to thank those women

                 who have come in today to share their stories.

                 Jenny Lauren, this is a very significant

                 document that you have prepared, your own

                 personal treatise to help guide other young

                 girls along a course that will be very

                 different from the one that you went down.

                            And to the other girls and women

                 who spoke today, and to their families, thank

                 you for being here with us, for sharing your

                 stories.  We will not forget your courage, and

                 it will help us to navigate the shoals that

                 lie ahead as we get the kind of legal and

                 insurance support that's necessary in this

                 state to assist you and all of your sisters.

                            Thank you again.

                            ACTING PRESIDENT FUSCHILLO:

                 Senator Montgomery.

                            SENATOR MONTGOMERY:    Yes, thank

                 you, Mr. President.

                            I want to join my colleagues in

                 thanking the Majority Leader, Senator Bruno,

                 for introducing this and bringing it to the

                 floor.  It certainly is a definitively

                 important issue as it relates to mental



                                                        2268



                 illness, and especially for young people.  And

                 I always am very, very pleased when we do

                 something that impacts particularly on the

                 lives of young people in our state.

                            I would, however, like to just

                 point out that President Bush's New Freedom

                 Commission on Mental Health states that one of

                 the main obstacles to providing mental health

                 care in our nation is the fragmented mental

                 health service delivery system.  And certainly

                 we know that that is true.  It is just the

                 luck of the draw if you have access to

                 appropriate, adequate, comprehensive mental

                 health care.

                            And I would just like to remind my

                 colleagues that one of the issues that I think

                 is extremely important for us, particularly as

                 it relates to delivering comprehensive mental

                 health, especially on the preventive end and

                 the crisis-intervention end, would be

                 school-based health clinics where we provided

                 comprehensive health and mental health

                 services to young people in our state in the

                 most efficient way at the place where most

                 young people are, and that is in their



                                                        2269



                 schools.  It wouldn't cost a lot of money, and

                 it would make a tremendous difference for

                 young people with all sorts of mental and not

                 extreme disorders.  But certainly our young

                 people have many crises that they experience

                 that interrupt their lives.

                            So I am pleased to support this

                 legislation.  However, I must say I am

                 frustrated that we are not looking at

                 providing comprehensive mental health care

                 services in the best possible way and creating

                 a system that is seamless, that is efficient,

                 and that indeed truly looks to provide

                 services to the citizens in our state when and

                 how they need it.

                            So, Mr. President, I'm supporting

                 this.  I thank the Majority Leader again.  And

                 I hope that in the same spirit, we look to

                 bring the comprehension in care that the

                 Majority Leader has in this legislation.

                            Thank you.

                            ACTING PRESIDENT FUSCHILLO:    Any

                 other Senator wish to be heard on the bill?

                            Read the last section.

                            THE SECRETARY:    Section 7.  This



                                                        2270



                 act shall take effect immediately.

                            ACTING PRESIDENT FUSCHILLO:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT FUSCHILLO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 533, by Member of the Assembly Schimminger,

                 Assembly Print Number 10037, an act to amend

                 the Alcoholic Beverage Control Law.

                            ACTING PRESIDENT FUSCHILLO:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT FUSCHILLO:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 533 are

                 Senators Little, Robach and Wright.  Also

                 Senator Stachowski.  Ayes, 56.  Nays, 4.

                            ACTING PRESIDENT FUSCHILLO:    The

                 bill is passed.

                            Senator Bruno, that completes the



                                                        2271



                 controversial reading of the calendar.

                            SENATOR BRUNO:    Is there any

                 housekeeping at the desk, Mr. President,

                 presently?

                            ACTING PRESIDENT FUSCHILLO:    No,

                 there isn't.

                            SENATOR BRUNO:    Mr. President,

                 there being no further business to come before

                 the Senate, I would move -- there is more

                 business to come before the Senate, Mr.

                 President.

                            ACTING PRESIDENT FUSCHILLO:

                 Senator Montgomery, why do you rise?

                            SENATOR MONTGOMERY:    Yes, Mr.

                 President, thank you.  I would like unanimous

                 consent to be recorded in the negative on

                 Calendar 784.

                            ACTING PRESIDENT FUSCHILLO:

                 Without objection.

                            SENATOR MONTGOMERY:    Thank you.

                            ACTING PRESIDENT FUSCHILLO:

                 Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    I'd like

                 unanimous consent to be voted in the negative

                 on Calendar 533, please.



                                                        2272



                            ACTING PRESIDENT FUSCHILLO:

                 Without objection.

                            SENATOR BRUNO:    Now, Mr.

                 President -- one more?  Senator Brown.

                            ACTING PRESIDENT FUSCHILLO:

                 Senator Brown.

                            SENATOR BROWN:    Thank you,

                 Senator Bruno.

                            Mr. President, I request unanimous

                 consent to be recorded in the negative on

                 Calendar 533.

                            ACTING PRESIDENT FUSCHILLO:

                 Without objection.

                            SENATOR BROWN:    Thank you, sir.

                 Thank you, sir.

                            ACTING PRESIDENT FUSCHILLO:

                 Anybody else?

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 there being no further business to come before

                 the Senate, I would move that we stand

                 adjourned until Monday, May 10th, at

                 3:00 p.m., intervening days to be legislative

                 days.

                            ACTING PRESIDENT FUSCHILLO:    On



                                                        2273



                 motion, the Senate stands adjourned until

                 Monday, May 10th, at 3:00 p.m., intervening

                 days being legislative days.

                            (Whereupon, at 11:45 a.m., the

                 Senate adjourned.)