Wednesday, February 8, 1995

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 February 8, 1995 10 10:00 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 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. 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. 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. 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 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. 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. 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 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, 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 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. 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 1 Senate adjourned.) 2 3 4