Regular Session - February 8, 1995

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         8                       ALBANY, NEW YORK

         9                       February 8, 1995

        10                         10:00 a.m.

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        13                       REGULAR SESSION

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        17       LT. GOVERNOR BETSY McCAUGHEY, President

        18       STEPHEN F. SLOAN, Secretary

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                                                              781

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

         2                      THE PRESIDENT:  The Senate will

         3       come to order.  Would everyone please rise and

         4       join with me in the Pledge of Allegiance.

         5                      (The assemblage repeated the

         6       Pledge of Allegiance to the Flag.)

         7                      And now may we bow our heads in a

         8       moment of silence.

         9                      (A moment of silence was

        10       observed.)

        11                      Senator Bruno, before we begin,

        12       do you have an announcement?

        13                      SENATOR BRUNO:  Yes, Madam

        14       President.  On behalf of Senator Larkin, I would

        15       like to announce an immediate meeting of the

        16       Local Government Committee in Room 332.

        17                      THE PRESIDENT:  The reading of

        18       the Journal, please.

        19                      THE SECRETARY:  In Senate,

        20       Tuesday, February 7th.  The Senate met pursuant

        21       to adjournment.  The Journal of Monday, February

        22       6th, was read and approved.  On motion, the

        23       Senate adjourned.











                                                              782

         1                      THE PRESIDENT:  Without

         2       objection, the Journal stands approved as read.

         3                      Presentation of petitions.

         4                      Messages from the Assembly.

         5                      Messages from the Governor.

         6                      Reports of standing committees.

         7                      The Secretary will read.

         8                      Reports of select committees.

         9                      Communications and reports from

        10       state officers.

        11                      Motions and resolutions.

        12                      Senator Bruno, are you ready for

        13       the calendar?

        14                      SENATOR BRUNO:  Yes, Madam

        15       President.  We're now ready for the

        16       non-controversial calendar.

        17                      THE PRESIDENT:  The Secretary

        18       will read, please.

        19                      THE SECRETARY:  Calendar Number

        20       39, by Senator Stafford, Senate Bill Number 633,

        21       proposing an amendment to the Constitution, in

        22       relation to the exchange of certain forest

        23       preserve land.











                                                              783

         1                      THE PRESIDENT:  On the

         2       resolution, all those in favor please say aye.

         3                      (Response of "Aye".)

         4                      Those opposed, say nay.

         5                      (There was no response.)

         6                      The resolution is adopted.  The

         7       Secretary will read.

         8                      THE SECRETARY:  Calendar Number

         9       40, by Senator Stafford, Senate Bill Number 634,

        10       proposing an amendment to Section 1 of Article

        11       14 of the Constitution, in relation to the

        12       exchange of certain forest preserve land.

        13                      THE PRESIDENT:  Read the last

        14       section, please.  Oh, lay it aside, please.

        15                      THE SECRETARY:  Calendar Number

        16       41, by Senator Stafford, Senate Bill Number 635.

        17                      SENATOR BRUNO:  Lay it aside.

        18                      THE PRESIDENT:  Lay it aside,

        19       please.

        20                      THE SECRETARY:  Calendar Number

        21       45, by Senator Stafford, Senate Bill Number 626.

        22                      SENATOR PATERSON:  Lay it aside,

        23       please.











                                                              784

         1                      THE PRESIDENT:  Lay it aside,

         2       please.

         3                      THE SECRETARY:  Calendar Number

         4       46, by Senator Cook, Senate Bill Number 1301.

         5                      SENATOR PATERSON:  Lay it aside,

         6       please, Madam President.

         7                      THE PRESIDENT:  Lay it aside,

         8       please.

         9                      Senator Bruno, that completes the

        10       non-controversial reading of the calendar.

        11                      SENATOR BRUNO:  Yes, Madam

        12       President.  Now may we take up the controversial

        13       calendar?

        14                      THE PRESIDENT:  The Secretary

        15       will read, please.

        16                      THE SECRETARY:  Calendar Number

        17       40, by Senator Stafford, Senate Bill Number 634,

        18       proposing an amendment to the Constitution, in

        19       relation to the exchange of certain forest

        20       preserve land.

        21                      SENATOR PATERSON:  Explanation,

        22       please.

        23                      THE PRESIDENT:  An explanation is











                                                              785

         1       requested.

         2                      SENATOR BRUNO:  Lay it aside.

         3                      THE PRESIDENT:  Lay it aside,

         4       please.

         5                      THE SECRETARY:  Calendar Number

         6       41, by Senator Stafford, Senate Bill Number 635,

         7       proposing an amendment to the Constitution, in

         8       relation to the use of certain forest preserve

         9       land.

        10                      SENATOR PATERSON:  Explanation,

        11       please.

        12                      THE PRESIDENT:  Lay it aside

        13       until we find Senator Stafford.

        14                      THE SECRETARY:  Calendar Number

        15       45, by Senator Stafford, Senate Bill Number 626,

        16       relating to state aid to the North Warren

        17       Central School District.

        18                      SENATOR PATERSON:  Explanation,

        19       please.

        20                      THE PRESIDENT:  Lay it aside,

        21       please.

        22                      SENATOR BRUNO:  For the day at

        23       the request of the sponsor.











                                                              786

         1                      THE PRESIDENT:  Lay it aside for

         2       the day at the request of the sponsor.

         3                      THE SECRETARY:  Calendar Number

         4       46, by Senator Cook, Senate Bill Number 1301,

         5       authorize payment of transportation aid to the

         6       Roscoe Central School District.

         7                      THE PRESIDENT:  Read the last

         8       section, please.  Oh, there's -- a local fiscal

         9       impact note is at the desk.  Would you read the

        10       last section, please.

        11                      THE SECRETARY:  Section 2.  This

        12       act shall take effect immediately.

        13                      THE PRESIDENT:  Read the roll.

        14                      (The Secretary called the roll.)

        15                      THE SECRETARY:  Ayes 37.

        16                      THE PRESIDENT:  The bill is

        17       passed.

        18                      Senator Levy.

        19                      SENATOR LEVY:  Yes, I would like

        20       unanimous consent to be recorded in the negative

        21       on 39.

        22                      THE PRESIDENT:  Without

        23       objection.











                                                              787

         1                      Senator Abate -- Senator Abate.

         2                      SENATOR ABATE:  No.

         3                      THE PRESIDENT:  Would you please

         4       stand and -

         5                      SENATOR ABATE:  Yes, Madam

         6       President.  I would like to be registered a no

         7       for item 39.

         8                      THE PRESIDENT:  Without

         9       objection.

        10                      SENATOR ABATE:  Thank you.

        11                      THE PRESIDENT:  Senator Bruno,

        12       we're waiting -

        13                      SENATOR BRUNO:  Madam President,

        14       may we stand at ease for just a few minutes?

        15       We're waiting for the report of the Local

        16       Government Committee which should be here

        17       momentarily.

        18                      THE PRESIDENT:  The Senate will

        19       stand at ease.

        20                      (Whereupon, the Senate stood at

        21       ease from 11:08 a.m. to 11:22 a.m.)

        22                      SENATOR BRUNO:  Madam President,

        23       can we now return to reports of standing











                                                              788

         1       committees?

         2                      THE PRESIDENT:  Yes.  The

         3       Secretary will read, please.

         4                      THE SECRETARY:  Senator Kuhl,

         5       from the Committee on Agriculture, reports the

         6       following bills directly for third reading:

         7                      Senate Bill Number 658-A, by

         8       Senator Kuhl and others, an act to amend the

         9       Agriculture and Markets Law and the

        10       Environmental Conservation Law.

        11                      659, by Senator Kuhl, Agriculture

        12       and Markets Law, in relation to actions for

        13       private nuisance based on sound agricultural

        14       practices.

        15                      1286, by Senator Padavan, an act

        16       to amend the Agriculture and Markets Law, in

        17       relation to spectators at exhibitions of animal

        18       fighting.

        19                      1385, by Senator Kuhl and others,

        20       Agriculture and Markets Law, in relation to

        21       exempting working search dogs for licensing

        22       fees.

        23                      1475, by Senator Kuhl and others,











                                                              789

         1       Agriculture and Markets Law and the Vehicle and

         2       Traffic Law, in relation to exempting farm

         3       vehicles from motor vehicle financial security.

         4                      Senator Larkin, from the

         5       Committee on Local Government, reports the

         6       following bills directly for third reading:

         7                      Senate Bill Number 2034, by

         8       Senator Kuhl, an act to amend Chapter 356 of the

         9       Laws of 1993, amending the General Municipal

        10       Law.

        11                      Also, Senate Bill Number 2081, by

        12       Senator Kuhl, an act in relation to exempting a

        13       certain project of the city of Hornell

        14       Industrial Development Agency.

        15                      Senator LaValle, from the

        16       Committee on Higher Education, reports the

        17       following bills directly for third reading:

        18                      Senate Bill Number 211, by

        19       Senator Holland and others, authorizing the

        20       United States Military to recruit on the

        21       campuses of the State University of New York and

        22       such other state college campuses.

        23                      Also, Senate Bill Number 1032, by











                                                              790

         1       Senator LaValle, an act to amend the Education

         2       Law, in relation to the definition of income for

         3       determining the amount of the awards.

         4                      All bills reported directly for

         5       third reading.

         6                      THE PRESIDENT:  Without

         7       objection, all bills will go directly to the

         8       third reading.

         9                      Senator Bruno.

        10                      SENATOR BRUNO:  Madam President,

        11       may we now return to the controversial

        12       calendar?

        13                      THE PRESIDENT:  The Secretary

        14       will read.

        15                      THE SECRETARY:  Calendar Number

        16       40, by Senator Stafford, Senate Bill Number 634,

        17       proposing an amendment to Section 1 of Article

        18       14 of the Constitution, in relation to the

        19       exchange of certain forest preserve land.

        20                      SENATOR BRUNO:  Lay it aside for

        21       the day, please.

        22                      THE PRESIDENT:  Lay it aside for

        23       the day, please.











                                                              791

         1                      THE SECRETARY:  Calendar Number

         2       41, by Senator Stafford, Senate Bill Number 635,

         3       proposing an amendment to the Constitution, in

         4       relation to the use of certain forest preserve

         5       land.

         6                      SENATOR BRUNO:  Lay it aside for

         7       the day.

         8                      THE PRESIDENT:  Lay it aside for

         9       the day, please.

        10                      Senator Bruno, that completes the

        11       calendar.

        12                      SENATOR BRUNO:  Thank you, Madam

        13       President.

        14                      And now I would move that we

        15       stand adjourned until Monday at 3:00 p.m. -

        16                      THE PRESIDENT:  Without

        17       objection, the -

        18                      SENATOR BRUNO: -- intervening

        19       days to be legislative days.

        20                      Thank you.

        21                      THE PRESIDENT:  Without

        22       objection, the Senate stands adjourned.

        23                      (Whereupon, at 11:25 a.m., the











                                                              792

         1       Senate adjourned.)

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