Regular Session - June 8, 1993

                                                                 
4576

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         9               ALBANY, NEW YORK

        10                 June 8, 1993

        11                   3:35 p.m.

        12

        13

        14               REGULAR SESSION

        15

        16

        17

        18       SENATOR HUGH T. FARLEY, Acting President

        19       STEPHEN F. SLOAN, Secretary

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        21

        22

        23











                                                             
4577

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

         2                      ACTING PRESIDENT FARLEY:  Senate

         3       will come to order.  Senators will please find

         4       their seats.

         5                      Please rise for the Pledge of

         6       Allegiance to the Flag.

         7                      Whereupon, the Senate joined in

         8       the Pledge of Allegiance to the Flag. )

         9                      ACTING PRESIDENT FARLEY:  Today,

        10       in the absence of visiting clergy, we'll bow our

        11       heads for a moment of silent prayer.

        12                      (Whereupon, there was a moment of

        13       silence. )

        14                      The Secretary will begin by

        15       reading the Journal.

        16                      THE SECRETARY:  In Senate,

        17       Monday, June 7. The Senate met pursuant to

        18       adjournment. Senator Volker in the chair upon

        19       designation of the Temporary President.  The

        20       Journal of Friday, June 4, was read and

        21       approved.  On motion, Senate adjourned.

        22                      ACTING PRESIDENT FARLEY:  Hearing

        23       no objection, the Journal will stand approved as











                                                             
4578

         1       read.

         2                      The order of business:

         3                      Presentation of petitions.

         4                      Messages from the Assembly.

         5                      Messages from the Governor.

         6                      Reports of standing committees.

         7                      We have a report of a standing

         8       committee, Senator Present.

         9                      THE SECRETARY:  Senator Stafford,

        10       from the Committee on Finance, reports the

        11       following nominations:

        12                      Member of the State Council on

        13       Home Care Services, William H. Plumb, of Saranac

        14       Lake.

        15                      Member of the State Board of

        16       Historic Preservation, Stuart Stein, of Ithaca.

        17                      Member of the Board of Visitors

        18       of the Broome Developmental Disability Services

        19       Office, Joseph F. Abizzi, of Johnson City.

        20                      Member of the Board of Visitors

        21       of the Central Islip Psychiatric Center Reverend

        22       Beresford Adams, of Coram.

        23                      Member of the Board of Visitors











                                                             
4579

         1       of the Letchworth Village Developmental

         2       Disabilities Services Office, Barbara Adelson,

         3       of New City.

         4                      Member of the Board of Visitors

         5       of the Central New York Psychiatric Center,

         6       Joanne M. Campola, of Rome.

         7                      Member of the Board of Visitors

         8       of the South Beach Psychiatric Center, Diane

         9       Cunningham, of Staten Island.

        10                      Member of the Board of Visitors

        11       of the Pilgrim Psychiatric Center, Lloyd

        12       Langley, of Westbury.

        13                      Member of the Board of Visitors

        14       of the Bronx Children's Psychiatric Center,

        15       James Maldonado, of the Bronx.

        16                      Member of the Board of Visitors

        17       of the Rome Developmental Disabilities Services

        18       Office, Henry F. Miller, Jr., of Barneveld.

        19                      ACTING PRESIDENT FARLEY:  On the

        20       nominees.  All in favor, say aye.

        21                      (Response of "Aye.")

        22                      Those opposed, nay.

        23                      (There was no response. )











                                                             
4580

         1                      The nominees are confirmed.

         2                      The next order of business is:

         3                      Reports of select committees.

         4                      Communications and reports from

         5       state officers.

         6                      Motions and resolutions.

         7                      We have some motions.

         8                      Senator Cook.

         9                      SENATOR COOK:  Mr. President, I'm

        10       removing two stars please: Calendar Number 630

        11       and Calendar Number 631.

        12                      ACTING PRESIDENT FARLEY:  Star is

        13       removed at the request of the sponsor.

        14                      SENATOR COOK:  And also on behalf

        15       of Senator Libous, I wish to call up Senate

        16       Print Number 4548, which is recalled from the

        17       Assembly, and now at the desk.

        18                      ACTING PRESIDENT FARLEY:

        19       Secretary will read it.

        20                      THE SECRETARY:  By Senator

        21       Libous, Senate Bill Number 4548, an act to amend

        22       the Mental Hygiene Law.

        23                      SENATOR COOK:  Mr. President.  I











                                                             
4581

         1       now move to reconsider the vote by which the

         2       bill was passed.

         3                      ACTING PRESIDENT FARLEY:  The

         4       Secretary will call the roll on reconsideration.

         5                      (The Secretary called the roll on

         6       reconsideration. )

         7                      THE SECRETARY:  Ayes 35.

         8                      ACTING PRESIDENT FARLEY:  The

         9       bill is before the house.

        10                      Senator Cook.

        11                      SENATOR COOK:  Mr. President, I

        12       ask that it be restored to its place on the

        13       Third Reading Calendar and offer the following

        14       amendments.

        15                      ACTING PRESIDENT FARLEY:

        16       Amendments received, and the bill will retain

        17       its place on the Third Reading Calendar.

        18                      Senator Wright.

        19                      SENATOR WRIGHT:  Mr. President,

        20       would you please place a sponsor star on

        21       Calendar 1OOO, Senate Print 4277.

        22                      ACTING PRESIDENT FARLEY:  Bill is

        23       starred at the request of the sponsor.











                                                             
4582

         1                      Senator Mega.

         2                      SENATOR MEGA:  Mr. President, my

         3       bill on page 7, I offer the following amendments

         4       to Calendar Number 306, Senate Print Number

         5       2175, and ask that said bill retain its place on

         6       Third Reading Calendar.

         7                      ACTING PRESIDENT FARLEY:  Without

         8       objection.

         9                      Senator Kuhl.

        10                      SENATOR KUHL:  On page 35, I

        11       offer the following amendments to Calendar

        12       Number 648, Senate Print 3283, and ask that said

        13       bill retain its place on the Third Reading

        14       Calendar.

        15                      ACTING PRESIDENT FARLEY:  Without

        16       objection, the bill will retain its place.

        17                      Senator Padavan.

        18                      SENATOR PADAVAN:  Mr. President,

        19       I wish to call up my bill, Print Number 245,

        20       recalled from the Assembly which is now at the

        21       desk.

        22                      ACTING PRESIDENT FARLEY:  The

        23       Secretary will read Senator Padavan's bill.











                                                             
4583

         1                      THE SECRETARY:  By Senator

         2       Padavan, Senate Bill Number 245, an act to amend

         3       the Executive Law.

         4                      SENATOR PADAVAN:  Mr. President,

         5       I now move to reconsider the vote by which this

         6       bill passed.

         7                      ACTING PRESIDENT FARLEY:  The

         8       Secretary will call the roll on reconsideration.

         9                      (The Secretary called the roll on

        10       reconsideration. )

        11                      THE SECRETARY:  Ayes 36.

        12                      ACTING PRESIDENT FARLEY:  The

        13       bill is before the house.

        14                      Senator Padavan.

        15                      SENATOR PADAVAN:  I offer up the

        16       following amendments.

        17                      ACTING PRESIDENT FARLEY:

        18       Amendments received.  The bill will retain its

        19       place.

        20                      We have some substitutions.

        21                      THE SECRETARY:  On page 14 of

        22       today's calendar, Senator Saland moves to

        23       discharge the Committee on Rules from Assembly











                                                             
4584

         1       Bill Number 6231A, and substitute it for the

         2       identical Calendar Number 643.

         3                      ACTING PRESIDENT FARLEY:

         4       Substitution ordered.

         5                      THE SECRETARY:  Also, on page 14,

         6       Senator Johnson moves to discharge the Committee

         7       on Rules from Assembly Bill Number 4095A, and

         8       substitute it for the identical Third Reading

         9       647.

        10                      ACTING PRESIDENT FARLEY:

        11       Substitution ordered.

        12                      THE SECRETARY:  On page 17,

        13       Senator Daly moves to discharge the Committee on

        14       Rules from Assembly Bill Number 7098A, and

        15       substitute it for the identical Third Reading

        16       720.

        17                      ACTING PRESIDENT FARLEY:

        18       Substitution is ordered.

        19                      We have some resolutions, Senator

        20       Present.

        21                      SENATOR PRESENT:  Mr. President,

        22       I move that we adopt the Resolution Calendar.

        23                      ACTING PRESIDENT FARLEY:  All in











                                                             
4585

         1       favor of adopting the Resolution Calendar say

         2       aye.

         3                      (Response of "Aye.")

         4                      Those opposed, nay.

         5                      (There was no response. )

         6                      The Resolution Calendar is

         7       adopted.

         8                      SENATOR PRESENT:  Mr. President,

         9       I believe you have a privileged resolution by

        10       Senator Marino at the desk.

        11                      ACTING PRESIDENT FARLEY:  Yes,

        12       there is, Senator.

        13                      SENATOR PRESENT:  Could we have

        14       that read and acted upon, please.

        15                      ACTING PRESIDENT FARLEY:  The

        16       Secretary will read the title of Senator

        17       Marino's privileged resolution.

        18                      THE SECRETARY:  Concurrent

        19       Resolution, by Senator Marino.  Concurrent

        20       Resolution of the Senate and Assembly

        21       authorizing the Senate and Assembly of New York

        22       State to purchase copies of the New York Red

        23       Book for 1993-1994.











                                                             
4586

         1                      ACTING PRESIDENT FARLEY:  Call

         2       the roll on that resolution.

         3                      (The Secretary called the roll on

         4       the resolution. )

         5                      THE SECRETARY:  Ayes 40.

         6                      ACTING PRESIDENT FARLEY:  The

         7       resolution is adopted.

         8                      Senator Present.

         9                      SENATOR PRESENT:  Mr. President,

        10       will you recognize Senator Marchi, please.

        11                      ACTING PRESIDENT FARLEY:  Senator

        12       Marchi.

        13                      SENATOR MARCHI:  Yes, Mr.

        14       President.  There is a resolution at the desk.

        15       I ask that its title be read, and I plead and

        16       enjoin you to produce a result here that will

        17       please many people.

        18                      ACTING PRESIDENT FARLEY:  We'll

        19       work on that.

        20                      Secretary, will you read Senator

        21       Marchi's resolution, its title.

        22                      THE SECRETARY:  Legislative

        23       Resolution, by Senator Marchi, recognizing the











                                                             
4587

         1       Staten Island YMCA on the occasion of its major

         2       fund raiser on June 10, 1993.

         3                      ACTING PRESIDENT FARLEY:  All

         4       those in favor of the resolution, say aye.

         5                      (Response of "Aye.")

         6                      Those opposed, nay.

         7                      (There was no response. )

         8                      The resolution is adopted.

         9                      Are there any other motions or -

        10       Senator Present.

        11                      Senator Present, do you wish to

        12       recognize Senator Wright?

        13                      SENATOR PRESENT:  Yes, recognize

        14       Senator Wright.

        15                      ACTING PRESIDENT FARLEY: Senator

        16       Wright.

        17                      SENATOR WRIGHT:  Thank you, Mr.

        18       President.  On behalf of Senator Farley, I would

        19       request that a sponsor star be placed on

        20       Calendar Number 887 and Senate 4951.

        21                      ACTING PRESIDENT FARLEY:  Thank

        22       you.  The bills are starred at the request of

        23       the sponsor.











                                                             
4588

         1                      Senator Present.

         2                      SENATOR PRESENT:  Mr. President,

         3       let's take up the non-controversial calendar.

         4                      ACTING PRESIDENT FARLEY:

         5       Non-controversial.  The Secretary will read.

         6                      THE SECRETARY:  On page 4,

         7       Calendar Number 2, by Senator Kuhl, Senate Bill

         8       Number 534A, an act to amend the Agriculture and

         9       Markets Law.

        10                      ACTING PRESIDENT FARLEY:  Read

        11       the last section.

        12                      THE SECRETARY:  Section 2.  This

        13       act shall take effect immediately.

        14                      ACTING PRESIDENT FARLEY:  Call

        15       the roll.

        16                      (The Secretary called the roll. )

        17                      THE SECRETARY:  Ayes 40.

        18                      ACTING PRESIDENT FARLEY:  The

        19       bill is passed.

        20                      SENATOR GOLD:  Is this Senator

        21       Kuhl's bill?

        22                      ACTING PRESIDENT FARLEY:  Senator

        23       Kuhl's bill.











                                                             
4589

         1                      SENATOR GOLD:  Explanation.

         2                      ACTING PRESIDENT FARLEY:  Lay the

         3       bill aside.  We will reconsider the vote by

         4       which this bill passed.

         5                      The Secretary will call the roll

         6       on reconsideration.

         7                      (The Secretary called the roll on

         8       reconsideration. )

         9                      THE SECRETARY:  Ayes 40.

        10                      ACTING PRESIDENT FARLEY:  The

        11       bill is before the house.  Lay it aside.

        12                      THE SECRETARY:  On page 7,

        13       Calendar Number 257, by Senator Velella, Senate

        14       Bill Number 2592, an act to amend the Insurance

        15       Law, in relation to minimum number of directors

        16       on the board of stock or mutual insurance

        17       company.

        18                      SENATOR GOLD:  Explanation.

        19                      ACTING PRESIDENT FARLEY:  Lay it

        20       aside.

        21                      THE SECRETARY:  Calendar Number

        22       258, by Senator Velella, Senate Bill Number

        23       2595, an act to amend Chapter 24 of the Laws of











                                                             
4590

         1       1992, amending the Insurance Law.

         2                      ACTING PRESIDENT FARLEY:  Read

         3       the last section.

         4                      THE SECRETARY:  Section 2.  This

         5       act shall take effect immediately.

         6                      ACTING PRESIDENT FARLEY:  Call

         7       the roll.

         8                      (The Secretary called the roll. )

         9                      THE SECRETARY:  Ayes 42.

        10                      ACTING PRESIDENT FARLEY:  The

        11       bill is passed.

        12                      THE SECRETARY:  Calendar Number

        13       302, by Senator Larkin, Senate Bill Number

        14       2071A, an act to amend the General Municipal

        15       Law, in relation to granting additional

        16       volunteer fighter service awards.

        17                      ACTING PRESIDENT FARLEY:  Read

        18       the last section.

        19                      THE SECRETARY:  Section 2.  This

        20       act shall take effect immediately.

        21                      ACTING PRESIDENT FARLEY:  Call

        22       the roll.

        23                      (The Secretary called the roll. )











                                                             
4591

         1                      THE SECRETARY:  Ayes 45.

         2                      ACTING PRESIDENT FARLEY:  The

         3       bill is passed.

         4                      THE SECRETARY:  Calendar Number

         5       328, by Senator Kuhl, Senate Bill Number 2451,

         6       an act to amend the Public Officeers Law and the

         7       Village Law.

         8                      SENATOR GOLD:  Lay it aside for

         9       Senator Halperin, please.

        10                      ACTING PRESIDENT FARLEY:  Lay

        11       this bill aside.

        12                      THE SECRETARY:  Calendar Number

        13       330, by Senator Kuhl, Senate Bill Number 2709,

        14       an act to amend the Public Officers Law.

        15                      ACTING PRESIDENT FARLEY:  Read

        16       the last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT FARLEY:  Call

        20       the roll.

        21                      (The Secretary called the roll. )

        22                      THE SECRETARY:  Ayes 46.

        23                      ACTING PRESIDENT FARLEY:  The











                                                             
4592

         1       bill is passed.

         2                      THE SECRETARY:  Calendar Number

         3       566, by the Senate Committee on Rules, Senate

         4       Bill Number 3939A, an act to amend Chapter 272

         5       of the Laws of 1991 amending the Tax Law.

         6                      ACTING PRESIDENT FARLEY:  Read

         7       the last section.

         8                      THE SECRETARY:  Section 2.  This

         9       act shall take effect immediately.

        10                      ACTING PRESIDENT FARLEY:  Call

        11       the roll.

        12                      (The Secretary called the roll. )

        13                      THE SECRETARY:  Ayes 46.

        14                      ACTING PRESIDENT FARLEY:  The

        15       bill is passed.

        16                      THE SECRETARY:  Calendar Number

        17       589, by Senator Kuhl, Senate Bill Number 3953,

        18       an act to amend the Agriculture and Markets Law.

        19                      ACTING PRESIDENT FARLEY:  Read

        20       the last section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT FARLEY:  Call











                                                             
4593

         1       the roll.

         2                      (The Secretary called the roll. )

         3                      THE SECRETARY:  Ayes 46.

         4                      ACTING PRESIDENT FARLEY:  The

         5       bill is passed.

         6                      THE SECRETARY:  Calendar Number

         7       592, by Senator Kuhl, Senate Bill Number 4428,

         8       Agriculture and Markets Law, in relation to

         9       agricultural assessments.

        10                      ACTING PRESIDENT FARLEY:  Read

        11       the last section.

        12                      THE SECRETARY:  Section 2.  This

        13       act shall take effect immediately.

        14                      ACTING PRESIDENT FARLEY:  Call

        15       the roll.

        16                      (The Secretary called the roll. )

        17                      THE SECRETARY:  Ayes 48.

        18                      ACTING PRESIDENT FARLEY:  The

        19       bill is passed.

        20                      THE SECRETARY:  Calendar Number

        21       596, by Senator Sheffer, Senate Bill Number

        22       3320, an act to amend the Parks, Recreation and

        23       Historic Preservation Law.











                                                             
4594

         1                      ACTING PRESIDENT FARLEY:  Read

         2       the last section.

         3                      THE SECRETARY:  Section 2.  This

         4       act shall take effect immediately.

         5                      ACTING PRESIDENT FARLEY:  Call

         6       the roll.

         7                      (The Secretary called the roll. )

         8                      THE SECRETARY:  Ayes 48.

         9                      ACTING PRESIDENT FARLEY:  The

        10       bill is passed.

        11                      THE SECRETARY:  Calendar Number

        12       647, substituted earlier today, by member of the

        13       Assembly Robach, Assembly Bill Number 4095A,

        14       Real Property Actions and Proceedings Law and

        15       the Real Property Law.

        16                      ACTING PRESIDENT FARLEY:  Read

        17       the last section.

        18                      THE SECRETARY:  Section 2.  This

        19       act shall take effect immediately.

        20                      ACTING PRESIDENT FARLEY:  Call

        21       the roll.

        22                      (The Secretary called the roll. )

        23                      THE SECRETARY:  Ayes 48.











                                                             
4595

         1                      ACTING PRESIDENT FARLEY:  The

         2       bill is passed.

         3                      THE SECRETARY:  Calendar Number

         4       685, by Senator Lack, Senate Bill -

         5                      SENATOR GOLD:  Lay it aside.

         6                      ACTING PRESIDENT FARLEY:  Lay it

         7       aside.

         8                      THE SECRETARY:  Calendar Number

         9       705, by Senator Trunzo, Senate Bill Number

        10       4225A, General Municipal Law and the Retirement

        11       and Social Security Law.

        12                      ACTING PRESIDENT FARLEY:  Read

        13       the last section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect immediately.

        16                      ACTING PRESIDENT FARLEY:  Call

        17       the roll.

        18                      (The Secretary called the roll. )

        19                      THE SECRETARY:  Ayes 48.

        20                      ACTING PRESIDENT FARLEY:  The

        21       bill is passed.

        22                      THE SECRETARY:  Calendar Number

        23       6711, by Senator Velella, Senate Bill Number











                                                             
4596

         1       2229, an act to amend the Insurance Law,

         2       eligible groups under group annuity contracts.

         3                      ACTING PRESIDENT FARLEY:  Read

         4       the last section.

         5                      THE SECRETARY:  Section 2.  This

         6       act shall take effect immediately.

         7                      ACTING PRESIDENT FARLEY:  Call

         8       the roll.

         9                      (The Secretary called the roll. )

        10                      THE SECRETARY:  Ayes 48.

        11                      ACTING PRESIDENT FARLEY:  The

        12       bill is passed.

        13                      THE SECRETARY:  Calendar Number

        14       726, by Senator DeFrancisco.

        15                      SENATOR GOLD:  Lay it aside for

        16       Senator Galiber.

        17                      ACTING PRESIDENT FARLEY:  Lay

        18       that bill aside.

        19                      THE SECRETARY:  Calendar Number

        20       770, by Senator Lack, Senate Bill Number 1639,

        21       Workers' Compensation Law.

        22                      SENATOR GOLD:  Lay it aside.

        23                      ACTING PRESIDENT FARLEY:  Lay it











                                                             
4597

         1       aside.

         2                      THE SECRETARY:  Calendar Number

         3       944, by Senator Larkin, Senate Bill Number 4402,

         4       an act to amend the County Law.

         5                      ACTING PRESIDENT FARLEY:  Read

         6       the last section.

         7                      THE SECRETARY:  Section 2.  This

         8       act shall take effect immediately.

         9                      ACTING PRESIDENT FARLEY:  Call

        10       the roll.

        11                      (The Secretary called the roll. )

        12                      THE SECRETARY:  Ayes 49.

        13                      ACTING PRESIDENT FARLEY:  The

        14       bill is passed.

        15                      THE SECRETARY:  Calendar Number

        16       957, by Senator levy, Senate Bill Number 5552B,

        17       an act to amend the Election Law.

        18                      SENATOR GOLD:  Lay it aside for

        19       Senator Halperin.

        20                      ACTING PRESIDENT FARLEY:  Lay

        21       that bill aside.

        22                      THE SECRETARY:  Calendar Number

        23       984, by Senator Present, Senate Bill Number











                                                             
4598

         1       1127, an act to amend the Public Lands Law, in

         2       relation to state aid payments.

         3                      ACTING PRESIDENT FARLEY:  Read

         4       the last section.

         5                      THE SECRETARY:  Section 2.  This

         6       act shall take effect immediately.

         7                      ACTING PRESIDENT FARLEY:  Call

         8       the roll.

         9                      (The Secretary called the roll. )

        10                      THE SECRETARY:  Ayes 49.

        11                      ACTING PRESIDENT FARLEY:  The

        12       bill is passed.

        13                      THE SECRETARY:  Calendar Number

        14       986, by Senator Kuhl, Senate Bill Number 2068,

        15       authorizing the county of Yates to convey

        16       certain lands.

        17                      SENATOR GOLD:  Lay it aside.

        18                      ACTING PRESIDENT FARLEY:  Lay it

        19       aside.  Hold it up just a minute.

        20                      SENATOR GOLD:  Lay it aside.

        21                      ACTING PRESIDENT FARLEY:  Lay the

        22       bill aside.

        23                      THE SECRETARY:  Calendar Number











                                                             
4599

         1       988, by Senator Present, Senate Bill Number

         2       2222, amends Chapter 263 of the Laws of 1981.

         3                      ACTING PRESIDENT FARLEY:  Read

         4       the last section.

         5                      THE SECRETARY:  Section 2.  This

         6       act shall take effect immediately.

         7                      ACTING PRESIDENT FARLEY:  Call

         8       the roll.

         9                      (The Secretary called the roll. )

        10                      THE SECRETARY:  Ayes 49.

        11                      ACTING PRESIDENT FARLEY:  The

        12       bill is passed.

        13                      THE SECRETARY:  Calendar Number

        14       989, by Senator Present, Senate Bill Number

        15       2223A, an act to amend Chapter 574 of the Laws

        16       of 1986, amending the Tax Law.

        17                      ACTING PRESIDENT FARLEY:  Read

        18       the last section.

        19                      THE SECRETARY:  Section 2.  This

        20       act shall take effect immediately.

        21                      ACTING PRESIDENT FARLEY:  Call

        22       the roll.

        23                      (The Secretary called the roll. )











                                                             
4600

         1                      THE SECRETARY:  Ayes 49.

         2                      ACTING PRESIDENT FARLEY:  The

         3       bill is passed.

         4                      THE SECRETARY:  Calendar Number

         5       990, by Senator Larkin.

         6                      SENATOR LARKIN:  Lay it aside for

         7       the day.

         8                      ACTING PRESIDENT FARLEY:  Lay

         9       that bill aside for today.

        10                      THE SECRETARY:  Calendar Number

        11       991, by Senator Pataki, Senate Bill Number

        12       2955A, authorizing the towns of Dover and

        13       Beekman in Dutchess County to establish a joint

        14       street improvement.

        15                      ACTING PRESIDENT FARLEY:  Senator

        16       Pataki has a home rule message here at the desk.

        17                      You can read the last section.

        18                      THE SECRETARY:  Section 2.  This

        19       act shall take effect immediately.

        20                      ACTING PRESIDENT FARLEY:  Call

        21       the roll.

        22                      (The Secretary called the roll. )

        23                      THE SECRETARY:  Ayes 49.











                                                             
4601

         1                      ACTING PRESIDENT FARLEY:  The

         2       bill is passed.

         3                      THE SECRETARY:  Calendar Number

         4       992, by Senator Kuhl, Senate Bill Number 3876A,

         5       an act to amend the Tax Law, in relation to the

         6       rate of sales tax for the county of Steuben.

         7                      ACTING PRESIDENT FARLEY:  Read

         8       the last section.

         9                      THE SECRETARY:  Section 2.  This

        10       act shall take effect immediately.

        11                      ACTING PRESIDENT FARLEY:  Call

        12       the roll.

        13                      (The Secretary called the roll. )

        14                      THE SECRETARY:  Ayes 51.

        15                      ACTING PRESIDENT FARLEY:  The

        16       bill is passed.

        17                      THE SECRETARY:  Calendar Number

        18       994, by Senator Present, Senate Bill Number

        19       3935, an act to amend the Town Law and the

        20       Public Officers Law.

        21                      ACTING PRESIDENT FARLEY:  Read

        22       the last section.

        23                      THE SECRETARY:  Section 2.  This











                                                             
4602

         1       act shall take effect immediately.

         2                      ACTING PRESIDENT FARLEY:  Call

         3       the roll.

         4                      (The Secretary called the roll. )

         5                      THE SECRETARY:  Ayes 51.

         6                      ACTING PRESIDENT FARLEY:  The

         7       bill is passed.

         8                      THE SECRETARY:  Calendar Number

         9       995, by Senator LaValle, Senate Bill Number

        10       4017, an act to amend the Executive Law, in

        11       relation to population requirements.

        12                      ACTING PRESIDENT FARLEY:  Read

        13       the last section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect immediately.

        16                      ACTING PRESIDENT FARLEY:  Call

        17       the roll.

        18                      (The Secretary called the roll. )

        19                      THE SECRETARY:  Ayes 51.

        20                      ACTING PRESIDENT FARLEY:  The

        21       bill is passed.

        22                      THE SECRETARY:  Calendar Number

        23       996, by Senator Kuhl, Senate Bill Number 4140,











                                                             
4603

         1       providing to Thomas A. Cassidy credit for past

         2       service time lost because of extraordinary

         3       budgetary problems.

         4                      ACTING PRESIDENT FARLEY:  Read

         5       the last section.

         6                      THE SECRETARY:  Section 2.  This

         7       act shall take effect immediately.

         8                      ACTING PRESIDENT FARLEY:  Call

         9       the roll.

        10                      (The Secretary called the roll. )

        11                      THE SECRETARY:  Ayes 50, nays 2.

        12       Senators Galiber and Gold recorded in the

        13       negative.

        14                      ACTING PRESIDENT FARLEY:  The

        15       bill is passed.

        16                      THE SECRETARY:  Calendar Number

        17       997, by Senator Kuhl, Senate Bill Number 4141,

        18       an act to require the New York State and local

        19       employees retirement system to accept retirement

        20       applications.

        21                      ACTING PRESIDENT FARLEY:  Read

        22       the last section.

        23                      THE SECRETARY:  Section 2.  This











                                                             
4604

         1       act shall take effect immediately.

         2                      ACTING PRESIDENT FARLEY:  Call

         3       the roll.

         4                      (The Secretary called the roll. )

         5                      THE SECRETARY:  Ayes 50, nays 2,

         6       Senators Galiber and Gold recorded in the

         7       negative.

         8                      ACTING PRESIDENT FARLEY:  The

         9       bill is passed.

        10                      THE SECRETARY:  Calendar Number

        11       998, by Senator Pataki, Senate Bill Number 4147,

        12       an act in relation to allowing for the payment

        13       of certain retirement benefits to the widow of

        14       John McKenzie.

        15                      ACTING PRESIDENT FARLEY:  Read

        16       the last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT FARLEY:  Call

        20       the roll.

        21                      (The Secretary called the roll. )

        22                      THE SECRETARY:  Ayes 53.

        23                      ACTING PRESIDENT FARLEY:  The











                                                             
4605

         1       bill is passed.

         2                      THE SECRETARY:  Calendar Number

         3       999, by Senator Pataki, Senate Bill 4236A,

         4       allowing Rosina Romano to transfer certain

         5       service credits to obtain Tier I status.

         6                      ACTING PRESIDENT FARLEY:  Read

         7       the last section.

         8                      THE SECRETARY:  Section 2.  This

         9       act shall take effect immediately.

        10                      ACTING PRESIDENT FARLEY:  Call

        11       the roll.

        12                      (The Secretary called the roll. )

        13                      THE SECRETARY:  Ayes 52, nays 2,

        14       Senators Galiber and Gold recorded in the

        15       negative.

        16                      ACTING PRESIDENT FARLEY:  The

        17       bill is passed.

        18                      THE SECRETARY:  Calendar Number

        19       1001, by Senator Larkin, Senate Bill Number

        20       4329, authorize the transfer of retirement

        21       service credit to Joseph Sabo.

        22                      ACTING PRESIDENT FARLEY:  Read

        23       the last section.











                                                             
4606

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      ACTING PRESIDENT FARLEY:  Call

         4       the roll.

         5                      (The Secretary called the roll. )

         6                      THE SECRETARY:  Ayes 52, nays 2,

         7       Senators Galiber and Gold recorded in the

         8       negative.

         9                      ACTING PRESIDENT FARLEY:  The

        10       bill is passed.

        11                      THE SECRETARY:  Calendar Number

        12       1003, by Senator Stafford, Senate Bill Number

        13       4822, an act to amend the Town Law.

        14                      SENATOR GOLD:  Lay it aside.

        15                      ACTING PRESIDENT FARLEY:  Lay the

        16       bill aside.

        17                      THE SECRETARY:  Calendar Number

        18       1004, by Senator DeFrancisco, Senate Bill Number

        19       4882, authorize the conveyance of state lands in

        20       the town of Onondaga.

        21                      ACTING PRESIDENT FARLEY:  Read

        22       the last section.

        23                      THE SECRETARY:  Section 2.  This











                                                             
4607

         1       act shall take effect immediately.

         2                      ACTING PRESIDENT FARLEY:  Call

         3       the roll.

         4                      (The Secretary called the roll. )

         5                      THE SECRETARY:  Ayes 55.

         6                      ACTING PRESIDENT FARLEY:  The

         7       bill is passed.

         8                      THE SECRETARY:  Calendar Number

         9       1006, by Senator Mega, Senate Bill Number 5729,

        10       amends Chapter 502 of the Laws of 1992, relating

        11       to certain non-judicial officers and employees.

        12                      ACTING PRESIDENT FARLEY:  Read

        13       the last section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect immediately.

        16                      ACTING PRESIDENT FARLEY:  Call

        17       the roll.

        18                      (The Secretary called the roll. )

        19                      THE SECRETARY:  Ayes 55.

        20                      ACTING PRESIDENT FARLEY:  The

        21       bill is passed.

        22                      THE SECRETARY:  Calendar Number

        23       1007, by Senator DeFrancisco, Senate Bill Number











                                                             
4608

         1       5758.

         2                      SENATOR GOLD:  Can we have one

         3       day on this?

         4                      ACTING PRESIDENT FARLEY:  Senator

         5       DeFrancisco?

         6                      SENATOR DeFRANCISCO:  Yes, no

         7       problem.

         8                      ACTING PRESIDENT FARLEY:  Lay the

         9       bill aside for the day.

        10                      THE SECRETARY:  Calendar Number

        11       1011, by Senator Pataki, Senate Bill Number

        12       5784, authorize the Board of Education, Lakeland

        13       Central School District of Shrub Oak.

        14                      ACTING PRESIDENT FARLEY:  Read

        15       the last section.

        16                      THE SECRETARY:  Section 2.  This

        17       act shall take effect immediately.

        18                      ACTING PRESIDENT FARLEY:  Call

        19       the roll.

        20                      (The Secretary called the roll. )

        21                      THE SECRETARY:  Ayes 55.

        22                      ACTING PRESIDENT FARLEY:  The

        23       bill is passed.











                                                             
4609

         1                      Senator Present, that's the first

         2       time through.

         3                      SENATOR PRESENT:  Mr. President,

         4       will you recognize Senator Nozzolio, please.

         5                      ACTING PRESIDENT FARLEY:  Senator

         6       Nozzolio.

         7                      SENATOR NOZZOLIO:  Yes, Mr.

         8       President.  Thank you.  I have a privileged

         9       resolution at the desk, and I ask consent to

        10       have that title read.

        11                      THE SECRETARY:  Would the

        12       Secretary read the title to Senator Nozzolio's

        13       resolution.

        14                      THE SECRETARY:  Legislative

        15       Resolution, by Senator Nozzolio, honoring Rodney

        16       D. Spring in recognition of his distinguished

        17       career and dedicated service on behalf of the

        18       Wayne Central School District upon the occasion

        19       of a retirement dinner in his honor on June the

        20       11th, 1993.

        21                      ACTING PRESIDENT FARLEY:  All in

        22       favor of adopting the resolution, say aye.

        23                      (Response of "Aye.")











                                                             
4610

         1                      Those opposed, nay.

         2                      (There was no response. )

         3                      The resolution is adopted.

         4                      Senator Present.

         5                      SENATOR PRESENT:  Mr. President,

         6       will you recognize Senator Saland, please.

         7                      ACTING PRESIDENT FARLEY:  Senator

         8       Saland.

         9                      SENATOR SALAND:  Mr. President,

        10       on page 6, Calendar Number 200, Senate 766, it's

        11       my bill, I would like to place a sponsor star on

        12       it.

        13                      ACTING PRESIDENT FARLEY:  Without

        14       objection.

        15                      Senator Oppenheimer.

        16                      SENATOR OPPENHEIMER:  Thank you,

        17       Mr. President.  I had a resolution on L-1634

        18       that concerned the 15th anniversary of the

        19       Center for Women in Government, and I would like

        20       to open it up.  Because of time pressure I

        21       didn't have the time to -

        22                      ACTING PRESIDENT FARLEY:  We have

        23       already adopted it, but I understand the the











                                                             
4611

         1       resolution is open to everybody.

         2                      SENATOR OPPENHEIMER:  Because

         3       Senator Marino is a board member, and I think he

         4       should be on it.  It's 1634.

         5                      ACTING PRESIDENT FARLEY:  1634.

         6       Anybody who wishes to be on Senator

         7       Oppenheimer's resolution for Women in

         8       Government, please notify the desk.

         9                      Raise your hands if you wish to

        10       be on that.

        11                      Senator Holland.

        12                      SENATOR HOLLAND:  Mr. President,

        13       could you remove a star on one of my bills,

        14       Senate 2817, Calendar 377.

        15                      ACTING PRESIDENT FARLEY:  2817.

        16       The star is -- 377 Calendar, the star is removed

        17       at the request of the sponsor.

        18                      SENATOR LEICHTER:  Mr.

        19       President.

        20                      ACTING PRESIDENT FARLEY:  Senator

        21       Leichter.

        22                      SENATOR LEICHTER:  Yes, Mr.

        23       President.  May I have unanimous consent to be











                                                             
4612

         1       recorded in the negative on Calendars Number

         2       996, 997, 999, 1001, and the rest of the

         3       calendar this session.

         4                      (Laughter).

         5                      ACTING PRESIDENT FARLEY:  Without

         6       objection, you will be in the negative.  What

         7       was it, four bills there? They wrote them down.

         8                      Senator Present.

         9                      SENATOR PRESENT:  Mr. President,

        10       I think we can take up the controversial

        11       calendar now.

        12                      ACTING PRESIDENT FARLEY:  Put

        13       Senator Mendez on the Oppenheimer resolution.

        14                      Controversial.

        15                      (Whereupon, Senator Volker was in

        16       the chair. )

        17                      THE SECRETARY:  On page 4,

        18       Calendar Number 2, by Senator Kuhl, Senate Bill

        19       Number 534A, Agriculture and Markets Law, the

        20       Environmental Conservation Law, and the Public

        21       Health Law.

        22                      ACTING PRESIDENT VOLKER:  Read

        23       the last section.











                                                             
4613

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      ACTING PRESIDENT VOLKER:

         4       Explanation.  Senator Kuhl.

         5                      SENATOR KUHL:  Thank you, Mr.

         6       President.  This bill is a bill that very simply

         7       would allow people who desire to go to the

         8       wilderness and hunt big game to donate that big

         9       game if in fact they are able to take a big

        10       game, deer, bear, whatever, to charitable

        11       organizations, food banks, people that actually

        12       provide meals to the hungry, the homeless.

        13                      It is a situation that was

        14       brought to my attention, to Assemblyman

        15       Rappleyea's attention last fall when it was

        16       determined by the Department of Agriculture and

        17       Markets that this was not possible under current

        18       rules and regulations.

        19                      SENATOR GOLD:  No objection.

        20                      SENATOR GALIBER:  No objection,.

        21                      ACTING PRESIDENT VOLKER:  Read

        22       the last section.

        23                      THE SECRETARY:  Section 2.  This











                                                             
4614

         1       act shall take effect immediately.

         2                      ACTING PRESIDENT VOLKER:  Call

         3       the roll.

         4                      (The Secretary called the roll. )

         5                      THE SECRETARY:  Ayes 57.

         6                      ACTING PRESIDENT VOLKER:  The

         7       bill is passed.

         8                      THE SECRETARY:  On page 7,

         9       Calendar Number 257, by Senator Velella, Senate

        10       Bill Number 2592, an act to amend the Insurance

        11       Law.

        12                      ACTING PRESIDENT VOLKER:  Read

        13       the last section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect immediately.

        16                      ACTING PRESIDENT VOLKER:  Call

        17       the roll.

        18                      (The Secretary called the roll. )

        19                      THE SECRETARY:  Ayes 57.

        20                      ACTING PRESIDENT VOLKER:  The

        21       bill is passed.

        22                      THE SECRETARY:  Calendar Number

        23       328, by Senator Kuhl, Senate Bill Number 2451,











                                                             
4615

         1       an act to amend the Public Officers Law and the

         2       Village Law.

         3                      ACTING PRESIDENT VOLKER:  Read

         4       the last section.

         5                      THE SECRETARY:  Section 2.  This

         6       act shall take effect immediately.

         7                      ACTING PRESIDENT VOLKER:  Call

         8       the roll.

         9                      (The Secretary called the roll. )

        10                      THE SECRETARY:  Ayes 57.

        11                      ACTING PRESIDENT VOLKER:  The

        12       bill is passed.

        13                      THE SECRETARY:  Calendar Number

        14       685, by Senator Lack, Senate Bill Number 4044,

        15       an act to amend the Public Authorities Law.

        16                      SENATOR GOLD:  Hold on one

        17       second.

        18                      Mr. President.

        19                      ACTING PRESIDENT VOLKER:  Senator

        20       Gold.

        21                      SENATOR GOLD:  Yes.  We're

        22       informed that the MTA has a memo that they are

        23       submitting on this bill, and I was wondering











                                                             
4616

         1       whether Senator Lack would mind putting it over

         2       a day.

         3                      SENATOR LACK:  From whom, from

         4       the MTA?

         5                      SENATOR GOLD:  From the MTA.

         6                      SENATOR LACK:  Oh, I'm sure they

         7       don't like it.  Sure.  You want to put it over?

         8       Fine.

         9                      SENATOR GOLD:  All right?

        10                      SENATOR LACK:  All right.  All

        11       right.

        12                      ACTING PRESIDENT VOLKER:  Lay it

        13       aside?

        14                      SENATOR LACK:  Lay the bill aside

        15       because, once again, the MTA can't get anything

        16       to run on time.

        17                      ACTING PRESIDENT VOLKER:  Lay the

        18       bill aside for the day.

        19                      THE SECRETARY:  Calendar Number

        20       726, by Senator DeFrancisco, Senate Bill Number

        21       4217, an act to amend the Public Authorities

        22       Law.

        23                      ACTING PRESIDENT VOLKER:  Read











                                                             
4617

         1       the last section.

         2                      Explanation requested.

         3                      SENATOR DeFRANCISCO:  In Onondaga

         4       County, as in many locations throughout the

         5       state, there is a question about where to put

         6       landfill from our resource recovery plants

         7       that's in the process of being constructed.

         8                      Everybody in the county always

         9       says not in my back yard.  Well, unfortunately

        10       it's got to be in somebody's back yard, and it

        11       turned out to be in the town of Van Buren.

        12                      I went to many town meetings last

        13       year, and I was informed by the residents that

        14       they wanted to have a vehicle by which

        15       individuals who were closest to the landfill

        16       would have an opportunity to be compensated for

        17       the diminution in their property values, and

        18       OCRA, the Onondaga County Resource Agency,

        19       indicated that they have no authority to do it

        20       even if they wanted to.  So this bill would

        21       basically give the Onondaga County Resource

        22       Authority the authority to provide for

        23       compensation for the individuals affected, the











                                                             
4618

         1       property values that would be affected, and the

         2       manner in which it would be paid would be

         3       through the tipping fees.  So the people who

         4       were unfortunate enough to get it in their back

         5       yard, those most directly affected, would be

         6       compensated for, where necessary, by all of

         7       those who were fortunate enough not to have it

         8       in their back yard but will benefit from it.

         9                      SENATOR GALIBER:  Will Senator

        10       yield for a question?

        11                      ACTING PRESIDENT VOLKER:  Senator

        12       Galiber.  Will Senator DeFrancisco yield?

        13                      SENATOR DeFRANCISCO:  Yes.

        14                      SENATOR GALIBER:  Do you know of

        15       any other, whether Van Buren or any other county

        16       in the state of New York who has a law which

        17       reimburses or compensates people for the waste

        18       which depreciates land? And I agree with you.

        19       Do you know of any other county or town or

        20       hamlet that has a similar law?

        21                      SENATOR DeFRANCISCO:  I don't

        22       know of any, and that's why Onondaga County has

        23       always been in the lead in novel and new











                                                             
4619

         1       approaches in legislation throughout the state.

         2                      SENATOR GALIBER:  On the bill,

         3       Mr. President.

         4                      ACTING PRESIDENT VOLKER:  Senator

         5       Galiber, on the bill.

         6                      SENATOR GALIBER:  I'm not sure I

         7       agree with the last statement, but certainly I

         8       want the record to be crystal clear.  I have no

         9       opposition to the bill, but I want to make it

        10       clear that Bronx County and other counties in

        11       this great state of ours who have had serious

        12       problems of dumping in their back yards, if you

        13       will, pay particular attention that if this bill

        14       passes both houses that they will be in line.

        15                      And I say to your colleague on

        16       the left, Senator, that this may very well be

        17       the only source of revenue for Staten Island if

        18       they leave from New York, because golly-day,

        19       they've got a number of dumps out there.

        20                      So I'm happy to support your

        21       bill.  I just wanted to make the statement for

        22       the record that, once again, I want you to

        23       recall when these things come up in areas up in











                                                             
4620

         1       areas such as Staten Island, Bronx and

         2       Manhattan, and a number of other counties where

         3       this is needed.  Certainly your bill is a good

         4       one in my best judgment because lands are

         5       depreciated as the result of dumping, not only

         6       toxic waste but dumping.

         7                      SENATOR DeFRANCISCO:  Mr.

         8       President, on the bill.

         9                      ACTING PRESIDENT VOLKER:  Senator

        10       DeFrancisco.

        11                      SENATOR DeFRANCISCO:  I just

        12       wanted to make one thing very clear that the -

        13       the key part of the bill that I think is

        14       important is that costs associated with this

        15       situation would be costs borne by those people

        16       benefiting, not another tax that we would be

        17       imposing, but basically it would be added to the

        18       cost of doing business since the worst part of

        19       the business is in the back yard of those

        20       neighbors that we're trying to protect.

        21                      ACTING PRESIDENT VOLKER:  Read

        22       the last section.

        23                      THE SECRETARY:  Section 2.  This











                                                             
4621

         1       act shall take effect immediately.

         2                      ACTING PRESIDENT VOLKER:  Call

         3       the roll.

         4                      (The Secretary called the roll. )

         5                      THE SECRETARY:  Ayes 57.

         6                      ACTING PRESIDENT VOLKER:  The

         7       bill is passed.

         8                      THE SECRETARY:  Calendar Number

         9       770, by Senator Lack, Senate Bill Number 1639.

        10                      SENATOR PRESENT:  Lay it aside,

        11       please.

        12                      ACTING PRESIDENT VOLKER:  Lay the

        13       bill aside.

        14                      THE SECRETARY:  Calendar Number

        15       957, by Senator Levy, Senate Bill Number 5552B.

        16                      SENATOR PRESENT:  Lay it aside

        17       temporarily.

        18                      ACTING PRESIDENT VOLKER:  Lay the

        19       bill aside temporarily.

        20                      THE SECRETARY:  Calendar Number

        21       986, by Senator Kuhl, Senate Bill Number 2068,

        22       authorize the county of Yates to convey certain

        23       lands.











                                                             
4622

         1                      ACTING PRESIDENT VOLKER:  Home

         2       rule message is at the desk.

         3                      Read the last section.

         4                      THE SECRETARY:  Section 2.  This

         5       act shall take effect immediately.

         6                      SENATOR GOLD:  Explanation.

         7                      ACTING PRESIDENT VOLKER:  Senator

         8       Kuhl, explanation requested by Senator Gold.

         9                      SENATOR KUHL:  Yes, Mr.

        10       President.  This bill would authorize Yates

        11       County to transfer seven separate parcels of

        12       property.

        13                      Early last year, the county

        14       legislature embarked upon a study of county

        15       owned parcels, and they determined there were

        16       eight parcels, really, that yielded them no

        17       economic benefit and were essentially a burden

        18       to them financially.  So they have asked this

        19       Legislature for a transfer of seven of those

        20       parcels, and the eighth parcel decided to retain

        21       as an ecological outdoor study site.

        22                      And that's what this piece of

        23       legislation would do.











                                                             
4623

         1                      SENATOR OPPENHEIMER:  Mr.

         2       President.

         3                      ACTING PRESIDENT VOLKER:  Senator

         4       Oppenheimer.

         5                      SENATOR OPPENHEIMER:  This is

         6       opposed by the DEC and the EPL.  This acreage is

         7       560 acres of land which is presently devoted for

         8       reforestation purposes, and it's in the vicinity

         9       or very close by the High Tower Wildlife

        10       Management Area.  Now, under current law, Yates

        11       County is prohibited from disposing of these

        12       lands and -- except that they could give the

        13       lands to the state of New York.  New York has

        14       paid Yates County over the last couple of

        15       decades monies to maintain these parcels.

        16                      Most importantly, though, most of

        17       the lands that this bill is seeking to convey

        18       meet critical state open space objectives.  The

        19       Region 8 Open Space Advisory Committee

        20       identified consolidation additions to the state

        21       forest nearby -- that's Italy Hill State Forest

        22       and the High Tower Wildlife Management area as

        23       their Class A priorities.  That's their top











                                                             
4624

         1       priorities.

         2                      The Yates County -

         3                      ACTING PRESIDENT VOLKER:  Senator

         4       Stachowski, why do you rise?

         5                      SENATOR STACHOWSKI:  Would

         6       Senator Oppenheimer yield to a question?

         7                      SENATOR OPPENHEIMER:  Sure, happy

         8       to.

         9                      ACTING PRESIDENT VOLKER:  Senator

        10       yields.

        11                      SENATOR STACHOWSKI:  Can you tell

        12       me how you know that the EPL is opposed to this

        13       bill? I mean I'm on various committees that get

        14       memos from the EPL on various bills and I have

        15       heard nothing from the EPL about this particular

        16       bill.

        17                      SENATOR OPPENHEIMER:  Well, I

        18       regret that you didn't get the memo from the DEC

        19       which came on May 18.

        20                      SENATOR STACHOWSKI:  DEC, I

        21       didn't ask you about, Senator. I asked you about

        22       the EPL.

        23                      SENATOR OPPENHEIMER:  EPL we











                                                             
4625

         1       heard about today.  They just reviewed it today

         2       and gave us their response.  They had not taken

         3       a position until we called to their attention

         4       that this was something that we felt they ought

         5       to be taking a position on.  We called them.

         6       They responded and said, "Indeed you are right,"

         7       and the reason they want to support the DEC

         8       position is because this bill allows to be

         9       conveyed areas that offer recreational

        10       opportunities, wildlife habitat, watershed

        11       protection, and resources for forest products,

        12       all of which are laudable things to preserve.

        13                      SENATOR STACHOWSKI:  Mr.

        14       President.

        15                      ACTING PRESIDENT VOLKER:  Senator

        16       Stachowski.

        17                      SENATOR STACHOWSKI:  Can I ask

        18       that question possibly a different way? Is there

        19       a written memo from the EPL on this particular

        20       bill?

        21                      SENATOR OPPENHEIMER:  Happy to

        22       respond, Senator.  There is no written memo;

        23       however, when I spoke with them earlier today,











                                                             
4626

         1       they said, indeed, it had been an omission and

         2       they felt badly about it, but they wanted all of

         3       us to know that their opinion was this was not a

         4       good bill, that it would take away recreational

         5       opportunities, wildlife habitat, watershed

         6       protection, and resources for forest products.

         7                      And if indeed Yates County

         8       doesn't want these lands any longer, they should

         9       be deeded to the state in compliance with the

        10       existing provisions of County Law 219.  So I

        11       would urge all of those within earshot to oppose

        12       this, as it is important to our environmental

        13       and recreational and wildlife habitat programs

        14       and watershed protection that we save these

        15       lands or at least have them deeded back to the

        16       state.

        17                      Thank you.

        18                      ACTING PRESIDENT VOLKER:  Senator

        19       Kuhl.

        20                      SENATOR KUHL:  Yes, Mr.

        21       President, just briefly on the bill.

        22                      Senator Oppenheimer indicated a

        23       total acreage, which is incorrect, number 1.











                                                             
4627

         1       There are seven parcels, and by listing I should

         2       say a total acreage of 500-plus acreage, she

         3       seems to infer that, in fact, this is one large

         4       grouping.

         5                      What I would like to state to the

         6       people who are voting on this, number 1, this is

         7       a request coming from a local government, a

         8       request that the local government would like to

         9       put this property back on the tax roll.  Their

        10       intent is to sell the property.

        11                      Certainly, there are zoning

        12       regulations, that sort of thing, which would

        13       limit the usage and certainly the development.

        14       As a matter of fact, the appraiser who did the

        15       evaluations of the pieces of property suggested

        16       that this be made usable for recreational value

        17       and recreational use.  It's not currently

        18       getting that usage right now.

        19                      But in any case, the seven

        20       parcels are listed entirely separately.  They

        21       are not contiguous. They are not adjacent to

        22       each other.  One is listed on Slider Hill Road;

        23       it's 47 acres.  Another one on Italy Valley Road











                                                             
4628

         1       that's 93 acres.  Another one on Brink Hill Road

         2       that's 50 acres.  Another one on County Line

         3       Road that's 40 acres.  Another one on Emerson

         4       Road that's 90 acres.  There's another one on

         5       Dunn Road that's 97 acres.  Another one on

         6       Prosit Road that's 54 acres.  Seven different,

         7       separate and distinct sites.

         8                      And if we are to deny this

         9       request to this municipality, essentially what

        10       Senator Oppenheimer would have us do would be to

        11       impose a long-term burden on this municipality

        12       that has significant tax consequences, and

        13       certainly we don't want to send any unfunded

        14       mandates to local municipalities.

        15                      So I urge my constituents to

        16       support this local request.

        17                      ACTING PRESIDENT VOLKER:  Read

        18       the last section.

        19                      THE SECRETARY:  Section 2.  This

        20       act shall take effect immediately.

        21                      ACTING PRESIDENT VOLKER:  Call

        22       the roll.

        23                      (The Secretary called the roll. )











                                                             
4629

         1                      THE SECRETARY:  Those recorded in

         2       the negative on Calendar Number 986 are Senators

         3       Dollinger, Jones, Leichter and Oppenheimer.

         4       Ayes -- also Senator Mendez, also Senator Espada

         5       in the negative.  Ayes 50, nays 7.

         6                      ACTING PRESIDENT VOLKER:  Senator

         7       Gold also in the negative.

         8                      THE SECRETARY:  Also Senator Gold

         9       recorded in the negative.

        10                      ACTING PRESIDENT VOLKER:  The

        11       bill is passed.  Right?

        12                      THE SECRETARY:  Calendar Number

        13       1003, by Senator Stafford, Senate Bill Number

        14       4822, an act to amend the Town Law.

        15                      SENATOR PRESENT:  Lay it aside.

        16                      ACTING PRESIDENT VOLKER:  Lay the

        17       bill aside.

        18                      Senator Present, that completes

        19       the second time around the calendar.

        20                      SENATOR PRESENT:  Mr. President,

        21       there will be an immediate meeting of the Rules

        22       Committee in Room 332.  We will now stand at

        23       ease awaiting the Rules report which will be for











                                                             
4630

         1       tomorrow's calendar.  Upon receipt of the Rules

         2       report, we shall adjourn until tomorrow at 11:30

         3       a.m.

         4                      I now ask that the Senate stand

         5       at ease.

         6                      (Whereupon, at 4:10 p.m., the

         7       Senate was at ease. )

         8                      (Whereupon, at 5:00 p.m., the

         9       Senate reconvened. )

        10                      ACTING PRESIDENT VOLKER:  Senator

        11       Connor.

        12                      SENATOR CONNOR:  Thank you, Mr.

        13       President.  Mr. President, I would like

        14       unanimous consent to be recorded in the negative

        15       on Calendar 986 and Calendar 944.

        16                      ACTING PRESIDENT VOLKER:  986 and

        17       984, without objection.

        18                      SENATOR CONNOR:  944.

        19                      ACTING PRESIDENT VOLKER:  944,

        20       I'm sorry.  Without objection.

        21                      Senator Present.

        22                      SENATOR PRESENT:  Mr. President,

        23       can we return to reports of standing committees.











                                                             
4631

         1                      ACTING PRESIDENT VOLKER:  Clerk

         2       will read.

         3                      THE SECRETARY:  Senator Marino,

         4       from the Committee on Rules, reports the

         5       following bills directly for third reading:

         6                      Senate Bill Number 686, by

         7       Senator Saland, Real Property Tax Law.

         8                      736, by Senator Holland and

         9       others, an act to amend the Social Services Law.

        10                      2080, by Senator Pataki, an act

        11       to amend the Real Property Tax Law.

        12                      2428, by Senator Tully, an act to

        13       amend the General Municipal Law.

        14                      2454, by Senator Kuhl, an act to

        15       amend the Executive Law.

        16                      2699A, by Senator Saland, Family

        17       Court Act.

        18                      2970, by Senator Cook and others,

        19       State Administrative Procedure Act.

        20                      3330, by Senator Waldon and

        21       others, Social Services Law.

        22                      3573, by Senator Volker and

        23       others, certain state aid payments to Buffalo











                                                             
4632

         1       City School District.

         2                      3610, by Senator Farley, Criminal

         3       Procedure Law.

         4                      3806A, by Senator Wright and

         5       others, State Administrative Procedure Act.

         6                      3809A, by Senator Wright and

         7       others, State Administrative Procedure Act.

         8                      3810, by Senator Wright, State

         9       Administrative Procedure Act.

        10                      3813A, by Senator Wright and

        11       others, State Administrative Procedure Act.

        12                      3877B, by Senator Kuhl, General

        13       Municipal Law.

        14                      4107, by Senator Wright and

        15       others, State Administrative Procedure Act.

        16                      4229A, by Senator Spano, amends

        17       Chapter 409 of the Laws of 1991.

        18                      4263A, by Senator Spano and

        19       others, Mental Hygiene Law.

        20                      4274, by Senator Saland, amends

        21       Chapter 271 of the Laws of 1987.

        22                      4744, by Senator DeFrancisco,

        23       allowing Theodore Albrancy retroactive











                                                             
4633

         1       membership in Tier I.

         2                      4866, by Senator Saland, Family

         3       Court Act.

         4                      4873, by Senator Tully, authorize

         5       Christina Jean Howe to apply for optional

         6       retirement benefits.

         7                      4902A, by Senator LaValle, amends

         8       Chapter 699 of the Laws of 1947.

         9                      4933A, by Senator Trunzo, Civil

        10       Service Law.

        11                      5018, by Senator Spano, Office of

        12       Mental Health to submit recommendations,

        13       reported with amendments.

        14                      5073, by Senator Johnson,

        15       Environmental Conservation Law.

        16                      5090, by Senator Padavan,

        17       Not-for-Profit Corporation Law.

        18                      5138, by Senator Holland, Mental

        19       Hygiene Law.

        20                      5374, by Senator Saland, General

        21       City Law.

        22                      5394, by Senator Volker, village

        23       of Hamburg, county of Erie.











                                                             
4634

         1                      5421A, by Senator Holland,

         2       Commissioner of Social Services to convene a

         3       work group.

         4                      5467A, by Senator Spano, amends

         5       Chapter 318 of the Laws of 1991.

         6                      5472, by Senator Wright, State

         7       Administrative Procedure Act.

         8                      54474, by Senator Wright,

         9       Executive Law.

        10                      5512A, by Senator Spano, Mental

        11       Hygiene Law.

        12                      5546A, by Senator Larkin, village

        13       of Walden, county of Orange.

        14                      5669, by Senator Trunzo, amends

        15       Chapter 738 of the Laws of 1988.

        16                      5745, by Senator Larkin, payment

        17       of transportation aid to the village of Joel

        18       Union Free School District.

        19                      5750, by Senator Spano, Mental

        20       Hygiene Law.

        21                      5754, by Senator Sears, payment

        22       of a judgment in the case of Jane Doe.

        23                      5757B, by Senator Cook, Tax Law.











                                                             
4635

         1                      5759, by Senator Nozzolio, amends

         2       Chapter 530 of the Laws of 1988.

         3                      5775, by Senator Masiello,

         4       General City Law.

         5                      5780, by Senator Montgomery, city

         6       of New York to reconvey its interest in certain

         7       real property.

         8                      5785, by Senator Present, General

         9       Municipal Law.

        10                      5791, by Senator Libous, Uniform

        11       Justice Court Act; and

        12                      5793, by Senator Maltese,

        13       Administrative Code of the city of New York.

        14                      All bills reported directly for

        15       third reading.

        16                      ACTING PRESIDENT VOLKER:  Without

        17       objection.

        18                      Senator Present.

        19                      SENATOR PRESENT:  Mr. President,

        20       there being no further business, I move we

        21       adjourn until tomorrow at 11:30 a.m.

        22                      ACTING PRESIDENT VOLKER:  Senate

        23       is adjourned until tomorrow at 11:30 a.m.











                                                             
4636

         1                      (Whereupon at 5:05 p.m., Senate

         2       adjourned. )

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