Tuesday, June 8, 1993

4576 1 2 3 4 5 6 7 8 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 20 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. ) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23