Friday, July 2, 1993

6875 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 July 2, 1993 11 8:18 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LIEUTENANT GOVERNOR STAN LUNDINE, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 6876 1 P R O C E E D I N G S. 2 THE PRESIDENT: Senate will come 3 to order. The Senators will please find their 4 places. 5 I would like to ask everyone 6 present to rise and repeat the Pledge of 7 Allegiance with me. 8 (Whereupon, the Senate joined in 9 the Pledge of Allegiance to the Flag. ) 10 Please be seated. 11 In the absence of visiting 12 clergy, may we now bow our heads in a moment of 13 silence. 14 (Whereupon, there was a moment of 15 silence. ) 16 Secretary will read the Journal. 17 THE SECRETARY: In Senate, 18 Thursday, July 1. The Senate met pursuant to 19 adjournment. Senator Farley in the chair upon 20 designation of the Temporary President. The 21 Journal of Wednesday, June 30, was read and 22 approved. On motion, Senate adjourned. 23 THE PRESIDENT: Hearing no 6877 1 objection the Journal stands approved as read. 2 Presentation of petitions. 3 Messages from the Assembly. 4 Secretary will read. 5 THE SECRETARY: The Assembly 6 returned Senator Sears' bill, Senate Bill Number 7 3452B, Assembly Reprint Number 30,000, with 8 amendments, Agriculture and Markets Law. 9 THE PRESIDENT: Concur in 10 amendments and restored. 11 Messages from the Governor. 12 Reports of standing committees. 13 Secretary will read. 14 THE SECRETARY: Senator Marino, 15 from the Committee on Rules, reports the 16 following bills directly for third reading: 17 By Senator Montgomery, Senate 18 Bill Number 1588, authorize the city of New York 19 to reconvey its interest in certain real 20 property; 21 Senate Bill Number 2268, by 22 Senator Farley, to allow James Cummings, Sr., 23 town justice in the town of Providence 6878 1 retroactive membership in Tier II; 2 2478, by Senator Jones, amends 3 Chapter 928 of the Laws of 1966; 4 2485, by Senator LaValle, General 5 Municipal Law; 6 2637B, by Senator Padavan, 7 General City Law; 8 3694A, by Senator Maltese, Civil 9 Rights Law; 10 3996, by Senator Holland, solid 11 waste treatment and disposal in Orange County; 12 4181A, by Senator Nolan, 13 establish a library district in the town of 14 Coeymans; 15 4484A, by Senator Tully, 16 Education Law; 17 4624, by Senator Lack, to allow 18 James J. Spero retroactive membership in Tier I; 19 5308A, by Senator Velella, 20 Insurance Law; 21 5378B, by Senator Skelos, an act 22 to amend the Penal Law; 23 5510B, by Senator Skelos, Family 6879 1 Court Act; 2 5593, by Senator Trunzo, 3 Education Law; 4 5608A, by Senator Tully, Public 5 Health Law; 6 5652, by Senator Farley, Real 7 Property Tax Law; 8 5847A, by Senator Mega, 9 Surrogate's Court Procedure Act; 10 5896A, by Senator LaValle, 11 Environmental Conservation Law; 12 5925A, by Senator Spano, Highway 13 Law; 14 5986, by Senator Spano, to allow 15 Judge Gilbert Rabin retroactive membership; 16 6063, by the Committee on Rules, 17 Administrative Code of the city of New York; 18 6077, by the Committee on Rules, 19 to authorize Lawrence Leff, county of Nassau, 20 retroactive membership; 21 5322A, by Senator Skelos, amends 22 Chapter 879 of the Laws of 1936; 23 6112, by the Committee on Rules, 6880 1 amends Chapter 336 of the Laws of 1992; 2 6079, by Senator Johnson, 3 Environmental Conservation Law. 4 All bills reported directly for 5 third reading. 6 THE PRESIDENT: Third reading. 7 Reports of select committees. 8 Communications and reports from 9 state officers. 10 Motions and resolutions. 11 Senator Farley. 12 SENATOR FARLEY: Thank you, Mr. 13 President. I wish to call up, on behalf of 14 Senator Mega, his bill, Print Number 3004, which 15 was recalled from the Assembly, which is now at 16 the desk. 17 THE PRESIDENT: Secretary will 18 read. 19 THE SECRETARY: By Senator Mega, 20 Senate Bill Number 3004, an act to amend the Tax 21 Law. 22 SENATOR FARLEY: I move to 23 reconsider the vote by which this bill passed. 6881 1 THE PRESIDENT: The Secretary 2 will call the roll on reconsideration. 3 (The Secretary called the roll on 4 reconsideration. ) 5 THE SECRETARY: Ayes 53. 6 THE PRESIDENT: The bill is 7 before the house. 8 SENATOR FARLEY: Offer the 9 following amendments. 10 THE PRESIDENT: Amendments 11 received. 12 SENATOR FARLEY: On behalf of 13 Senator Bruno, on page 4, I offer the following 14 amendments to Calendar 102, Senate Print 2354B, 15 and I ask that that bill retain its place. 16 THE PRESIDENT: Without 17 objection, so ordered. 18 SENATOR FARLEY: On page 19, on 19 behalf of Senator Velella, I offer the following 20 amendments to Calendar 855, Senate Print 1993, 21 and I ask that that bill retain its place on the 22 Third Reading Calendar. 23 THE PRESIDENT: Without 6882 1 objection, so ordered. 2 SENATOR FARLEY: On behalf of 3 Senator Daly, on page 23, I offer the following 4 amendments to Calendar Number 1094, Senate Print 5 5200A, and I ask that that bill retain its place 6 on Third Reading Calendar. 7 THE PRESIDENT: Without 8 objection, so ordered. 9 SENATOR FARLEY: On behalf of 10 Senator Johnson, on page 30, I offer the 11 following amendments to Calendar 1347, Senate 12 Print 5947A, and I ask that bill retain its 13 place on the Third Reading Calendar. 14 THE PRESIDENT: Without 15 objection, so ordered. 16 Senator Halperin. 17 SENATOR HALPERIN: Mr. President, 18 I would like Calendar Number 1475, my bill, 19 Print Number 6024, to be recommitted to the 20 committee from whence it came. 21 THE PRESIDENT: So ordered. 22 Senator Stachowski. 23 SENATOR STACHOWSKI: Mr. 6883 1 President. On behalf of Senator Solomon, I move 2 that the following bill be discharged from its 3 respective committee and be recommitted with 4 instructions to strike the enacting clause: 5 Senate Bill Number 5829A. 6 THE PRESIDENT: Without 7 objection, so ordered. 8 Senator Saland. 9 SENATOR SALAND: Mr. President. 10 I would like to remove the sponsor star from 11 Calendar 200, Senate 766B. 12 THE PRESIDENT: So ordered. 13 Senator Maltese. 14 SENATOR MALTESE: Mr. President, 15 on page number 33, I offer the following 16 amendments to Calendar Number 1400, Senate Print 17 Number 5977A, and ask that said bill retain its 18 place on the Third Reading Calendar. 19 THE PRESIDENT: Without 20 objection, so ordered. 21 Senator Holland. 22 SENATOR HOLLAND: Mr. President, 23 I would like to remove a sponsor star: Calendar 6884 1 324, Senate Print 880A. 2 THE PRESIDENT: Without 3 objection, so ordered. 4 Senator Kuhl. 5 SENATOR KUHL: Yes, Mr. 6 President. On behalf of Senator Hannon, on page 7 41, I offer the following amendments to Calendar 8 Number 1473, Senate Print 6019, and ask that 9 said bill retain its place on the Third Reading 10 Calendar. 11 THE PRESIDENT: So ordered. 12 SENATOR KUHL: Thank you. 13 THE PRESIDENT: Senator Wright. 14 SENATOR WRIGHT: Mr. President, I 15 request that a sponsor star be placed on my 16 bill, page 22, Calendar Number 1000, Senate 17 Print 4277. 18 And a second bill, I again 19 request a sponsor star be placed on: Page 35, 20 Calendar Number 1436, Senate Print 3807B. 21 THE PRESIDENT: The bill is 22 starred. 23 Senator Padavan. 6885 1 SENATOR PADAVAN: Mr. President, 2 I wish to call up my bill, Print Number 2516A, 3 recalled from the Assembly which is now at the 4 desk. 5 THE PRESIDENT: Secretary will 6 read. 7 THE SECRETARY: By Senator 8 Padavan, Senate Bill Number 2516A, an act to 9 amend the New York City charter. 10 SENATOR PADAVAN: Mr. President, 11 I now move to reconsider the vote by which the 12 bill passed. 13 THE PRESIDENT: The Secretary 14 will call the roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration. ) 17 THE SECRETARY: Ayes 53. 18 THE PRESIDENT: The bill is 19 before the house. 20 SENATOR PADAVAN: Mr. President, 21 recommit the bill. 22 THE PRESIDENT: The bill is 23 recommitted. 6886 1 Secretary will read. 2 THE SECRETARY: On page 8 of 3 today's calendar, Senator Present moves to 4 discharge the Committee on Rules from Assembly 5 Bill Number 4804B and substitute it for the 6 identical Third Reading 391. 7 On page 6, Senator Holland moves 8 to discharge the Committee on Rules from 9 Assembly Bill Number 4858A and substitute it for 10 the identical Third Reading 211. 11 On page 36, Senator Johnson moves 12 to discharge the Committee on Rules from 13 Assembly Bill Number 8629A and substitute it for 14 the identical Third Reading 1445. 15 On page 38, Senator Masiello 16 moves to discharge the Committee on Rules from 17 Assembly Bill Number 5077 and substitute it for 18 the identical Third Reading 1461. 19 On page 38, Senator Stafford 20 moves to discharge the Committee on Rules from 21 Assembly Bill Number 8571 and substitute it for 22 the identical Third Reading 1462. 23 On page 39, Senator Maltese moves 6887 1 to discharge the Committee on Rules from 2 Assembly Bill Number 1019 and substitute it for 3 the identical Third Reading 1463. 4 On page 39, Senator Johnson moves 5 to discharge the Committee on Rules from 6 Assembly Bill Number 5673A and substitute it for 7 the identical Third Reading 1465. 8 On page 39, Senator Larkin moves 9 to discharge the Committee on Rules from 10 Assembly Bill Number 8180B and substitute it for 11 the the identical Third Reading 1466. 12 Also, on page 39, Senator Goodman 13 moves to discharge the Committee on Rules from 14 Assembly Bill Number 8212 and substitute it for 15 the identical Third Reading 1468. 16 On page 39, Senator Mega moves to 17 discharge the Committee on Rules from Assembly 18 Bill Number 8418 and substitute it for the 19 identical Third Reading 1469. 20 On page 39, Senator Libous moves 21 to discharge the Committee on Rules from 22 Assembly Bill Number 8506 and substitute it for 23 the identical Third Reading 1471. 6888 1 On page 41, Senator Wright moves 2 to discharge the Committee on Rules from 3 Assembly Bill Number 8663 and substitute it for 4 the identical Third Reading 1474. 5 THE PRESIDENT: Substitution 6 ordered. 7 Are there any other motions or 8 resolutions? 9 Senator Present. 10 SENATOR PRESENT: Take up the 11 non-controversial calendar, please. 12 THE PRESIDENT: Secretary will 13 read, and please let's have some order in the 14 chamber. 15 THE SECRETARY: On page 4, 16 Calendar Number 72, by Senator Skelos, Senate 17 Bill Number 949A, an act to amend the Civil 18 Practice Law and Rules. 19 THE PRESIDENT: There is a 20 message at the desk. 21 SENATOR PRESENT: Mr. President, 22 I move we adopt the message. 23 THE PRESIDENT: On the motion. 6889 1 All those in favor, say aye. 2 (Response of "Aye.") 3 Those opposed, nay. 4 (There was no response. ) 5 The ayes have it. The message is 6 accepted. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 55. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 338, by Senator Sears, Senate Bill Number 3316B, 17 an act to amend the General Business Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll. ) 6890 1 THE SECRETARY: Ayes 55. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 391, substituted earlier today, by member of the 6 Assembly Parment, Assembly Bill Number 4804B, 7 Agriculture and Markets Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 55. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 395. 19 SENATOR PRESENT: Lay it aside 20 for the day, please. 21 THE PRESIDENT: The bill is laid 22 aside for the day. 23 THE SECRETARY: Calendar Number 6891 1 557, by Senator Larkin, Senate Bill Number 2 3985A, an act to amend the General Municipal 3 Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 55. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 682, by Senator Stafford. 15 SENATOR PRESENT: Lay it aside 16 for the day. 17 THE PRESIDENT: The bill is laid 18 aside for the day. 19 THE SECRETARY: Calendar Number 20 846, by member of the Assembly Tocci, Assembly 21 Bill Number 6960B, an act to amend the Executive 22 Law. 23 THE PRESIDENT: Read the last 6892 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 55. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 874, by member of the Assembly Gromack, Assembly 11 Bill Number 7099A, an act to amend the Public 12 Authorities Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 55. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 885, by member of the Assembly Farrell, Assembly 6893 1 Bill Number 6361A, an act to amend the Banking 2 Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 55. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 951, by the Assembly Committee on Rules, 14 Assembly Bill Number 7880A, conveyance of 15 certain lands to the Malone Central School 16 District. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 55. 6894 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1141, by the Assembly Committee on Rules, Senate 5 Bill Number 8060A, Social Services Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 55. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1158, by member of the Assembly Connelly, 17 Assembly Bill Number 2396A, Environmental 18 Conservation Law. 19 SENATOR GOLD: Lay it aside. 20 THE PRESIDENT: The bill is laid 21 aside. 22 THE SECRETARY: Calendar Number 23 1213, by Senator Padavan, Senate Bill Number 6895 1 4704C, Administrative Code of the city of New 2 York. 3 THE PRESIDENT: There is a local 4 fiscal impact note at the desk. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 55. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1216, by member of the Assembly Cahill, Assembly 15 Bill Number 7101B, an act to amend the Public 16 Authorities Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 55. 6896 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1250, by Senator Hannon. 5 SENATOR PRESENT: Lay it aside 6 for the day. 7 THE PRESIDENT: The bill is laid 8 aside for the day. 9 THE SECRETARY: Calendar Number 10 1251, by Senator Lack, Senate Bill Number 5263, 11 an act to amend the Labor Law. 12 SENATOR PRESENT: Lay it aside 13 for the day. 14 THE PRESIDENT: The bill is laid 15 aside for the day. 16 THE SECRETARY: Calendar Number 17 1260, by the Senate Committee on Rules, Senate 18 Bill Number 5853A, an act to amend the General 19 Municipal Law. 20 SENATOR GOLD: Lay it aside for 21 the Minority. 22 THE PRESIDENT: The bill is laid 23 aside. 6897 1 THE SECRETARY: Calendar Number 2 1262, by Senator Johnson. 3 SENATOR PRESENT: Lay it aside 4 for the day. 5 THE PRESIDENT: The bill is laid 6 aside for the day. 7 THE SECRETARY: Calendar Number 8 1338, by Senator Hannon, Senate Bill Number 9 5206. 10 SENATOR PRESENT: Lay it aside. 11 THE PRESIDENT: The bill is laid 12 aside. 13 THE SECRETARY: Calendar Number 14 1343, by member of the Assembly Sanders, 15 Assembly Bill Number 6985B, an act to amend the 16 Social Services Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 55. 6898 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1351, by the Senate Committee on Rules, Senate 5 Bill Number 5963A, Administrative Code of the 6 city of New York. 7 THE PRESIDENT: There is a home 8 rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 55. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1371, by member of the Assembly - 19 SENATOR PRESENT: Lay it aside. 20 THE PRESIDENT: The bill is laid 21 aside. 22 THE SECRETARY: Calendar Number 23 1389, by Senator Pataki, Senate Bill Number 6899 1 5576A, an act to amend the Mental Hygiene Law. 2 SENATOR LEICHTER: Lay it aside. 3 THE PRESIDENT: The bill is laid 4 aside. 5 THE SECRETARY: Calendar Number 6 1397, by the Senate Committee on Rules, Senate 7 Bill Number 5954A, Administrative Code of the 8 city of New York. 9 THE PRESIDENT: There is a home 10 rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 55. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1423, by the Senate Committee on Rules, Senate 21 Bill Number 5702A. 22 SENATOR LEICHTER: Lay it aside. 23 SENATOR GOLD: Lay it aside. 6900 1 THE PRESIDENT: The bill is laid 2 aside. 3 THE SECRETARY: Calendar Number 4 1444, by Senator Mega, Senate Bill Number 6985. 5 SENATOR PRESENT: Lay it aside. 6 THE PRESIDENT: The bill is laid 7 aside. 8 THE SECRETARY: Calendar Number 9 1445, substituted earlier today, by the Assembly 10 Committee on Rules, Assembly Bill Number 8629A, 11 an act to amend the Local Finance Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 55. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1449, by Senator Daly. 23 SENATOR LEICHTER: Lay it aside. 6901 1 THE PRESIDENT: The bill is laid 2 aside. 3 THE SECRETARY: Calendar Number 4 1451, by Senator DeFrancisco, Senate Bill Number 5 6033, setting the taxable status of real 6 property in the town of Lafayette. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 56. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1457, by the Senate Committee on Rules. 18 SENATOR GOLD: Lay it aside. 19 THE PRESIDENT: The bill is laid 20 aside. The bill is high. 21 THE SECRETARY: Calendar Number 22 1458, by Senator Connor, Senate Bill Number 597, 23 an act to allow Mary Ellen V. Adinolfi Tier I 6902 1 status. 2 SENATOR SEARS: Lay it aside. 3 THE PRESIDENT: The bill is laid 4 aside. 5 THE SECRETARY: Calendar Number 6 1459, by Senator LaValle, Senate Bill Number 7 1966, to allow Elaine S. Harrison retroactive 8 membership in the New York State employees 9 retirement. 10 THE PRESIDENT: There is a home 11 rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 55, nays 2, 18 Senators Gold and Leichter recorded in the 19 negative. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1460, by Senator Wright, Senate Bill Number 6903 1 2340A, an act to amend the Executive Law and the 2 State Administrative Procedure Act. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 57. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1461, substituted earlier today, by member of 14 the Assembly Hoyt, Assembly Bill Number 5077, an 15 act to amend the Public Housing Law, in relation 16 to the members of the Buffalo Municipal Housing 17 Authority. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll. ) 6904 1 THE SECRETARY: Ayes 57. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1462, substituted earlier today, by the Assembly 6 Committee on Rules, Assembly Bill Number 8571, 7 an act to amend the Abandoned Property Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 57. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1463, by member of the Assembly Pheffer. 19 SENATOR OHRENSTEIN: Lay it 20 aside. 21 THE PRESIDENT: The bill is laid 22 aside. 23 THE SECRETARY: Calendar Number 6905 1 1466, substituted earlier today, by the Assembly 2 Committee on Rules, Assembly Bill Number 8180B, 3 an act to amend the Real Property Tax Law. 4 SENATOR LEICHTER: Is this 1460? 5 THE PRESIDENT: This is -66, 6 1466. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 56, nays 1, 13 Senator Pataki recorded in the negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1468, substituted earlier today, by the Assembly 18 Committee on Rules, Assembly Bill Number 8212, 19 an act to amend the charter of Society of New 20 York Hospital. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 6906 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 57. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1469, substituted - 9 SENATOR GOLD: Lay it aside. 10 THE PRESIDENT: The bill is laid 11 aside. 12 THE SECRETARY: Calendar Number 13 1471, substituted earlier today, by the Assembly 14 Committee on Rules, Assembly Bill Number 8506, 15 an act to amend the Education Law, in relation 16 to the compulsory school age. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 57. 6907 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1472. 5 SENATOR GOLD: Lay it aside. 6 THE PRESIDENT: The bill is laid 7 aside. There is a local fiscal impact note at 8 the desk. 9 THE SECRETARY: Calendar Number 10 1474, substituted earlier today, by the Assembly 11 Committee on Rules, Assembly Bill Number 8663, 12 an act to amend the Executive Law. 13 SENATOR LEICHTER: Lay it aside. 14 THE PRESIDENT: The bill is laid 15 aside. 16 THE SECRETARY: Calendar Number 17 1476, by Senator Johnson, Senate Bill Number 18 6037. 19 SENATOR GOLD: Lay it aside. 20 THE PRESIDENT: The bill is laid 21 aside. 22 THE SECRETARY: Calendar Number 23 147. 6908 1 SENATOR GOLD: Lay it aside. 2 THE PRESIDENT: The bill is laid 3 aside. 4 THE SECRETARY: Calendar Number 5 1501, reported earlier today direct for third 6 reading, Senate Bill Number 5896A, by Senator 7 LaValle, Environmental Conservation Law, the 8 State Finance Law, and the Public Officers Law. 9 SENATOR LEICHTER: Lay it aside. 10 THE PRESIDENT: The bill is laid 11 aside. 12 SENATOR GOLD: Hold on one 13 second. 14 THE PRESIDENT: I am holding, at 15 your request, Senator Gold. 16 SENATOR GOLD: We have no 17 objection. 18 SENATOR PRESENT: Lay it aside. 19 THE PRESIDENT: The bill is laid 20 aside. 21 That completes action on the 22 non-controversial bills. 23 SENATOR TULLY: Mr. President. 6909 1 THE PRESIDENT: Senator Tully. 2 SENATOR TULLY: Can I ask you 3 what calendar number that was that was just laid 4 aside. 5 THE PRESIDENT: I honestly don't 6 know. It's not on the calendar. 7 The Secretary will report the 8 number of the bill that was just laid aside. 9 THE SECRETARY: By Senator 10 LaValle, Senate Bill Number 5896A, an act to 11 amend the Environmental Conservation Law, the 12 State Finance Law and the Public Officers Law. 13 SENATOR TULLY: The calendar 14 number. 15 THE PRESIDENT: It's not on the 16 calendar. 17 SENATOR TULLY: I'm asking to 18 hear from the clerk. 19 THE SECRETARY: Calendar Number 20 1501. 21 SENATOR TULLY: Thank you. 22 THE PRESIDENT: Senator Present. 23 SENATOR PRESENT: Would you 6910 1 recognize Senator Waldon, please. 2 THE PRESIDENT: Senator Waldon. 3 SENATOR WALDON: Thank you very 4 much, Mr. President. I have a resolution at the 5 desk. I respectfully request because of the 6 nature of the resolution that it be read in its 7 entirety. 8 THE PRESIDENT: Secretary will 9 read. 10 THE SECRETARY: Legislative 11 Resolution, by Senator Waldon, Ohrenstein and 12 other members of the Senate mourning the death 13 of Mark Lehner. 14 Whereas, it is the sense of this 15 legislative body that the quality and character 16 of life in this great Empire State is indelibly 17 enriched by the faithful and unselfish service 18 of those who would devote their life to public 19 service. 20 A man of such honorable character 21 and devotion to his state and community was Mark 22 Lehner, whose life was cut short by heart 23 failure at the age of 42. 6911 1 Mark Lehner served with devotion, 2 commitment and idealism as a principal 3 legislative analyst in the Minority Program and 4 Counsel Office for thirteen years. 5 Mark Lehner was a loyal alumnus 6 of Syracuse University and a recent graduate of 7 Western New England Law School. 8 Mark Lehner leaves behind his 9 devoted wife, Annette, and his 17-month-old son, 10 Erich, to keep alive his memory. 11 Mark Lehner showed strength and 12 resolve in his three-month battle with illness. 13 The legacy of Mark Lehner will 14 forever be imprinted upon the state of New York 15 and upon the city of Rensselaer, where he did 16 serve as an alderman. 17 The wit, intelligence and insight 18 of Mark Lehner will be profoundly missed by his 19 family, friends, colleagues and the members of 20 the New York State Senate. 21 Rare, indeed, is the impressive 22 conviction to service shown by an individual for 23 the benefit of his community and fellow man, 6912 1 such as that which has been demonstrated by Mark 2 Lehner throughout his life and career. 3 Now, therefore, be it resolved, 4 that this legislative body pause in its 5 deliberations to honor Mark Lehner, recognizing 6 his outstanding contributions to the functions 7 of this chamber; and 8 Be it further resolved, that a 9 copy of this resolution suitably engrossed be 10 transmitted to Annette Lehner, his wife, and 11 Erich Lehner, his son. 12 SENATOR WALDON: Mr. President. 13 THE PRESIDENT: Senator Waldon on 14 the resolution. 15 SENATOR WALDON: Thank you very 16 much, Mr. President. 17 I knew Mark Lehner but a short 18 time; but during this short period of time, I 19 learned to respect him. I learned to admire his 20 work ethic. I learned to appreciate the 21 willingness with which he helped me to resolve 22 some rather thorny issues. 23 We cannot always judge the gifts 6913 1 that someone would make if he lived for a long 2 time; but in regards to Mark Lehner, I can truly 3 say that the gifts that he brought to myself, to 4 this chamber, to this body and to the people of 5 the state of New York were indeed commendable. 6 I respectfully request that the 7 resolution be left open so that all members of 8 this Senate may join me in paying our absolute 9 and utmost respects to the legacy of Mark 10 Lehner. 11 Thank you, Mr. President. 12 THE PRESIDENT: Senator 13 Ohrenstein. 14 SENATOR OHRENSTEIN: Mr. 15 President. I thank Senator Waldon for paying 16 his respect to this very wonderful man, Mark 17 Lehner. He is one of that very loyal body of 18 men and women who serve us here in this chamber 19 and the whole New York Legislature so 20 faithfully. 21 His death is indeed a tragedy. 22 He was 42 years of age, died suddenly, and 23 struck down in the middle of an extraordinary, 6914 1 productive and wonderful life. He leaves a 2 wonderful woman, Annette, and a young child. 3 And it is very difficult, really, to express how 4 sad I am personally at this particular tragedy. 5 I got to know Mark Lehner very 6 well. He worked for the Minority Program and 7 Counsel Office for thirteen years. He was a 8 loyal, dedicated employee who loved this 9 Legislature, loved this body, who loved the work 10 he did. 11 He only recently while working 12 here went to Western New England Law School and 13 got his law degree in order to further his 14 career and in order to better make a livelihood 15 for his young family. 16 I appreciate the tribute that is 17 being paid to him at this point by this body, as 18 well as I'm sure his wife and child and his 19 family does. 20 He will be very sorely missed by 21 all of us and by me personally. 22 THE PRESIDENT: On the 23 resolution. All those in favor, say aye. 6915 1 (Response of "Aye.") 2 Opposed, nay. 3 (There was no response. ) 4 The ayes have it. The resolution 5 is adopted. 6 Any Senator who wishes to be 7 listed as a sponsor to the resolution, please 8 indicate by raising a hand. 9 SENATOR PRESENT: Mr. Cornell, I 10 think we can put all members on it. 11 THE PRESIDENT: All members are 12 listed as sponsors of the resolution. 13 Senator Present. 14 SENATOR PRESENT: Call now 15 Calendar 1501. 16 THE PRESIDENT: Secretary will 17 read. 18 THE SECRETARY: Calendar Number 19 1501, by Senator LaValle, Senate Bill Number 20 5896A, an act to amend the Environmental 21 Conservation Law. 22 THE PRESIDENT: Senator LaValle. 23 SENATOR LAVALLE: Thank you, Mr. 6916 1 President. 2 Mr. President, this bill is, I 3 believe, a very historic piece of legislation 4 that resolves years of conflict between the 5 environmental and the development community. 6 This legislation was drafted by 7 Long Islanders for Long Island's future. 8 The sponsor in the Assembly is 9 Assemblyman DiNapoli. Assemblyman DiNapoli and 10 I spent most of our time, really, over a 11 considerable period of time, managing the 12 parties that had a interest in this matter, 13 establishing the goals to be achieved, and 14 really trying to keep the parties moving towards 15 those goals and accomplishing those goals. 16 The meetings were many, and the 17 participation was very broad. It was one of 18 inclusion and one in which the parties really 19 had a great deal of input. 20 This legislation is supported by 21 many groups, many individuals, but in a 22 memorandum of support by the Long Island 23 Association, I think it captures the essence of 6917 1 what this legislation is all about. It says: 2 "This bill is one of the most 3 important pieces of legislation concerning the 4 future of Long Island ever considered by the New 5 York State Legislature. The provisions of this 6 bill, written after a lengthy process of 7 meetings and discussions among all of the 8 interested parties on Long Island, will provide 9 a planning mechanism to help protect attractive 10 land in the central pine barrens of Suffolk 11 County, which is environmentally sensitive, 12 through a combination of land purchases, 13 transfer of development rights and other zoning 14 procedures." 15 It is important, I believe, Mr. 16 President, to just depart and take a minute, 17 because this legislation is so important, 18 because it was written by the people from Long 19 Island who have such a stake in it. 20 I talked about Assemblyman 21 DiNapoli, who has played such a key role with 22 his assistant who is one of the directors of the 23 Long Island Water Resources Commission, Mike 6918 1 Deering. Our Majority Leader, Senator Marino, 2 his encouragement was just absolutely terrific, 3 and his role is and has been a very, very 4 crucial one. 5 My co-sponsors are Senator 6 Trunzo, who has played a tremendous role in 7 participation with me, with his Director of the 8 Water Resources Commission, Mary Ellen Suhrhoff; 9 Senator Johnson, as chairman of the 10 Environmental Conservation committee, and his 11 Director, Dominic Jacangelo, very, very key 12 role. And certainly Senator Lack, very, very 13 much involved in the participation in this 14 legislation. 15 The Long Island Association and 16 the leadership of the president, Jim LaRocca, 17 was so absolutely crucial in bringing parties 18 together in actually defining what the central 19 pine barrens was, the sensitive area, the core 20 area, and the compatible area, played a very, 21 very key role along with Mitch Pally of the Long 22 Island Association. 23 Our county executive, Bob 6919 1 Gaffney, has played a very key role, and the 2 role of actually putting up money, important 3 money that we will need for acquisition of 4 sensitive lands. His deputy county executive, 5 George Gatta, and also the key role of former 6 county executive, Mike LoGrande; the supervisors 7 John LaMaura of the town of Brookhaven and Fred 8 Thiel, from the town of Southampton, have 9 participated and played very key roles. 10 In the development community, we 11 have Wilbur Breslin and Charles Mancini, who 12 played outstanding roles, along with from a 13 technical place Bob Wiebolt, who is the director 14 of the New York State Builders Institute, and 15 Buzz Schwenk, who is the Executive Director of 16 the Long Island Builders Institute. 17 The environmental community was 18 led by a person who has spent just untold hours 19 and has been a very dynamic force in the 20 development of this legislation, Dick Amper from 21 the Pine Barrens Society and also Kevin 22 McDonald, the Group of the South Fork. 23 What we are trying to do and what 6920 1 I think people know is that we have the best of 2 both worlds, that that's what we have on Eastern 3 Long Island. We have open space, and we have 4 productive farm land, scenic marshlands and a 5 bountiful supply of pure water. Yet at the same 6 time we enjoy a diverse economy built upon 7 agriculture and fishing, tourism and a second 8 home industry. 9 The area we've come to call the 10 pine barrens falls into both of these worlds and 11 has, so become subjected to pressures from 12 both. But I have rejected the assumption that 13 these forces must remain forever in conflict, 14 and that is why this legislation was developed, 15 legislation that I and the other Senators and 16 Assemblyman DiNapoli are sponsoring, the "Long 17 Island Pine Barrens Protection Act," and why I 18 have spent so much time building and what we 19 have done to build a delicate consensus that 20 will determine the future of the pine barrens. 21 The Long Island Pine Barrens 22 Management Act will bring to a close years of 23 often hot debate between environmentalists and 6921 1 developers over what should be preserved and 2 what should be built on. It will do so by using 3 a mechanism designed and agreed to by those it 4 will immediately affect, guided by the best 5 counsel from scientists and land use specialists 6 and the local community. 7 Mr. President, this legislation 8 is just really a beginning. It's a beginning 9 because as part of this legislation an 10 comprehensive plan will be developed, and I am 11 sure that some of the same debates and 12 discussions that have taken place in the 13 development of this legislation will continue in 14 the year of the development of this plan. 15 I can think of no piece of 16 legislation that as a member of this body that I 17 have sponsored has caught the attention of the 18 people not only of my Senate District but of all 19 Long Island. It has caught people's attention 20 because it really points Long Island in a 21 direction of what our future will be in many, 22 many years to come, what will be preserved and 23 what will be developed. It will mean what the 6922 1 economic development ventures will look like in 2 years ahead. 3 This legislation has had so many 4 people that have participated in it. And, you 5 know, as the sponsor, each person who has sat at 6 a table have said to me on their own, 7 independent, that the reason they have been 8 involved in this is because they see that this 9 is a legacy that they will be leaving for future 10 generations on Long Island, and I really believe 11 that it is true. 12 This legislation is larger and 13 what it will accomplish is larger than any one 14 person. It really is, as the Long Island 15 Association said, one of the most important 16 pieces of legislation for Long Island that we 17 will be considering. It deals not only with the 18 environment but it deals also with the economy 19 and will also, I honestly believe, help to 20 resolve some of the tax issues that plague Long 21 Island. 22 Mr. President, it is my hope that 23 good planning will come about from this 6923 1 legislation, and in the compatible areas I think 2 we will see the kinds of projects that Long 3 Island needs. 4 I hope with this legislation, Mr. 5 President, we will take the strip malls that 6 have plagued much of Long Island, and we will 7 see those strip malls within the walls of only 8 this" entity called Jurassic Park. 9 Mr. President, I hope that my 10 colleagues will enthusiastically support the 11 passage of this legislation. 12 THE PRESIDENT: Senator Johnson. 13 SENATOR JOHNSON: Mr. President, 14 I would like to join the debate only to 15 congratulate Senator LaValle, the principal 16 sponsor, and of course the other Suffolk 17 Senators who are very, very strongly in support 18 of this measure. I think there's been some 19 relating of the forces that got together to make 20 this happen. It sounds like alchemy. It sounds 21 like making lead into gold, but it's happened 22 and it's happened because the environmentalists, 23 the local governmental officials. The business 6924 1 people, all realized that the health of the 2 environment on Long Island is vital to the 3 health of the economy and the livability of 4 Eastern Long Island. 5 And we are very delighted that 6 Ken LaValle has stayed the course and sat down 7 and dealt with contentious factions and put 8 their heads together and said, "We can do 9 something and we've got to do it together and 10 stop telling me what can't happen. Tell me what 11 can happen." And then he brought them to the 12 table and made them tell him what could happen, 13 and it's really happening tonight. 14 That this is a historic moment is 15 without any doubt. That this is going to be 16 beneficial to Long Island is without a doubt. 17 That this is one of the most significant bills 18 that's been passed since I have been here for 20 19 years there is no doubt. 20 And I would like to congratulate 21 Ken LaValle and all the persons he managed to 22 get together from all sectors of our society on 23 Long Island to bring about this very beneficial 6925 1 result which you see before you tonight in the 2 form of this bill. 3 So, Ken, congratulations to you, 4 and I would encourage everyone here to support 5 this wholeheartedly. It is a good bill. It is 6 a beneficial bill for our region and, indeed, 7 for the entire state. 8 Thank you. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 16. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 58. 16 THE PRESIDENT: The bill is 17 passed. 18 (Applause. ) 19 Senator Present. 20 SENATOR PRESENT: Mr. President, 21 I wish to call up a Rules bill, print 6000, 22 recalled from the Assembly which is now at the 23 desk. 6926 1 THE PRESIDENT: Secretary will 2 read. 3 THE SECRETARY: By the Committee 4 on Rules, Senate Bill Number 6000, an act to 5 amend the Civil Service Law. 6 SENATOR PRESENT: Mr. President, 7 I now move to reconsider the vote by which this 8 bill was passed. 9 THE PRESIDENT: The Secretary 10 will call the roll on reconsideration. 11 (The Secretary called the roll on 12 reconsideration. ) 13 THE SECRETARY: Ayes 58. 14 THE PRESIDENT: The bill is 15 before the house. 16 SENATOR PRESENT: Mr. President, 17 I offer the following amendments. 18 THE PRESIDENT: Amendments 19 received. 20 SENATOR PRESENT: Mr. President, 21 on page 21, I offer the following amendments to 22 Calendar 907, Senate Print 4870B, and ask that 23 it remain in place on Third Reading Calendar. 6927 1 THE PRESIDENT: So ordered. 2 SENATOR TULLY: Mr. President. 3 THE PRESIDENT: Senator Tully. 4 SENATOR TULLY: May we return to 5 motions and resolutions. 6 THE PRESIDENT: Certainly. 7 SENATOR TULLY: May we remove the 8 star on Calendar Number 887, Senate 4951. 9 THE PRESIDENT: So ordered. 10 SENATOR TULLY: Mr. President, on 11 page 32, I offer the following amendments to 12 Calendar Number 1385, Senate Print Number 5297, 13 and ask that said bill retain its place on the 14 Third Reading Calendar. 15 THE PRESIDENT: Without 16 objection, so ordered. 17 SENATOR PRESENT: Mr. President, 18 I move we adjourn until tomorrow at 1:00 p.m. 19 THE PRESIDENT: The Senate stands 20 adjourned until Saturday at 1:00 p.m. 21 (Whereupon, at 9:07 p.m., Senate 22 adjourned.) 23