Wednesday, May 14, 1997

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 14, 1997 10 10:06 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 24 25 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Ask the members to 4 find their places, the staff to find their 5 places. I'd ask everybody in the chamber to 6 rise with me and join me in saying the Pledge of 7 Allegiance to the Flag. 8 (The assemblage repeated the 9 Pledge of Allegiance to the Flag.) 10 In the absence of clergy, may we 11 bow our heads in a moment of silence. 12 (A moment of silence was 13 observed.) 14 The reading of the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, May 13th. The Senate met pursuant to 17 adjournment. The Journal of Monday, May 12th, 18 was read and approved. On motion, the Senate 19 adjourned. 20 ACTING PRESIDENT KUHL: Hearing 21 no objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor. 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 yesterday we passed Resolution 1298. On behalf 9 of Senator Marcellino, I would like to open it 10 up to the entire body for co-sponsorship. If 11 members wish to co-sponsor the resolution, they 12 should notify the desk. 13 ACTING PRESIDENT KUHL: Senator 14 Maziarz, that brings us to the calendar. 15 SENATOR MAZIARZ: Mr. President, 16 could we please read the non-controversial 17 calendar. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the non-controversial 20 calendar. 21 THE SECRETARY: Calendar Number 22 218, by Senator Volker, Senate Print 1466-A, an 23 act to amend the Civil Rights Law, in relation 24 to providing for limited immunity. 25 ACTING PRESIDENT KUHL: The 1 Secretary will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first day of 4 November. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 33. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 442, by Senator Leibell, Senate Print 1556, an 13 act to amend the Penal Law, the County Law and 14 the Executive Law, in relation to enacting the 15 Court Integrity Protection Act of 1997. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 6. This 19 act shall take effect on the first day of 20 November. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes 33. 25 ACTING PRESIDENT KUHL: The bill 1 is passed. 2 THE SECRETARY: Calendar Number 3 497, by Senator Gold, Senate Print 1579-B, an 4 act to amend the Executive Law, in relation to 5 the definition of profits from the crime. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the first day of 10 September. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 36. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 516, by Senator Lack, Senate Print 3527-A, an 19 act to amend the Surrogate's Court Procedure 20 Act, in relation to providing a notice. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect in 90 days. 25 ACTING PRESIDENT KUHL: Call the 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 36. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 536, by Senator Wright, Senate Print 3812, an 8 act to amend the Alcoholic Beverage Control Law 9 and the Mental Hygiene Law, in relation to 10 mandatory license revocation. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 8. This 14 act shall take effect on the first day of 15 January. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 37. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 548, by Senator Lack, Senate Print 2373, an act 24 to amend the Public Authorities Law, in relation 25 to authorizing and requiring the Metropolitan 1 Transportation Authority. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 37. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 581, by Senator Trunzo, Senate Print 3232, an 14 act to amend the Retirement and Social Security 15 Law, in relation to optional retirement. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 37. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 648, by Senator Seward, Senate Print 4282, an 3 act to amend the Public Service Law, in relation 4 to annual reports. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 38. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 653, by Senator Skelos, Senate Print 3503, an 17 act to amend the Criminal Procedure Law, in 18 relation to evidence of identification. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect on the first day of 23 November. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 38. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 667, by Senator Levy, Senate Print 921, an act 7 to amend the Vehicle and Traffic Law, in 8 relation to aggravated unlicensed operation. 9 ACTING PRESIDENT KUHL: The 10 Secretary will read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first day of 13 November. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 38. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 669, by Senator Kuhl, Senate Print 2090, an act 22 to amend the Vehicle and Traffic Law, in 23 relation to appropriate reduced speeds. 24 ACTING PRESIDENT KUHL: The 25 Secretary will read the last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first day of 3 November. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 38. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 682, by member of the Assembly Englebright, 12 Assembly Print 2582-A, an act to amend the 13 Agriculture and Markets Law, in relation to 14 persons claiming an interest. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 39. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 1 711, by Senator Maltese, Senate Print 1604, an 2 act authorizing the city of New York to reconvey 3 its interest in certain real property required 4 by in rem tax foreclosure. 5 ACTING PRESIDENT KUHL: There is 6 a home rule message at the desk. The Secretary 7 will read the last section. 8 THE SECRETARY: Section 5. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 39. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 714, by Senator Velella, Senate Print 4446, an 18 act authorizing the assessor of the city of New 19 Rochelle to accept an application. 20 SENATOR MAZIARZ: Mr. President, 21 lay the bill aside for the day at the request of 22 the sponsor. 23 ACTING PRESIDENT KUHL: Lay the 24 bill aside for the day at the request of the 25 sponsor. 1 THE SECRETARY: Calendar Number 2 716, by Senator Cook, Senate Print 4572, an act 3 to amend the General Municipal Law, in relation 4 to establishing uniform procedures. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 39. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 743, by Senator Holland, Senate Print 1588, an 17 act to amend the General Obligations Law, in 18 relation to liability of persons involved in 19 equine activities. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 90th day. 24 ACTING PRESIDENT KUHL: Call the 25 roll. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT KUHL: Record 3 the negatives. Announce the results. 4 THE SECRETARY: Ayes 37, nays 2, 5 Senators Connor and Paterson recorded in the 6 negative. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 750, by Senator Stafford, Senate Print 3728, an 11 act to amend the Real Property Law, in relation 12 to permissible size. 13 ACTING PRESIDENT KUHL: There is 14 a home rule message at the desk. The Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 40. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 794, by Senator DeFrancisco, Senate Print 1 3627-A, an act to legalize, validate, ratify and 2 confirm certain actions and proceedings. 3 ACTING PRESIDENT KUHL: There is 4 a local fiscal impact note at the desk. The 5 Secretary will read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 40. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 807, by Senator Alesi, Senate Print 4266, an act 16 to amend the General Business Law, in relation 17 to false price comparisons. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect on the 30th day. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 42. 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 814, by Senator Volker, Senate Print 1532, an 5 act to amend the Town Law and the General 6 Municipal Law, in relation to the deadline. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 42. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 818, by Senator Stafford, Senate Print 3317, an 19 act to authorize J.A. Barkley Hose Company No. 1 20 Incorporated to construct and operate. 21 ACTING PRESIDENT KUHL: There is 22 a home rule message at the desk. The Secretary 23 will read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 42. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 861, by Senator Rath, Senate Print 4412, an act 9 to amend the Civil Practice Law and Rules and 10 the Executive Law, in relation to extending the 11 statute of limitations. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect January 1. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 43. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 878, by Senator Maziarz, Senate Print 2806, an 24 act to amend the Tax Law, in relation to 25 extending the expiration of the authorization to 1 the county of Orleans. 2 ACTING PRESIDENT KUHL: The 3 Secretary will read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 43. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 902, by Senator Meier, Senate Print 4584, an act 14 to amend the Tax Law, in relation to extending 15 the effectiveness of provisions. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 43. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 925, by Senator Johnson, Senate Print 3647-A, an 3 act to amend the Environmental Conservation Law, 4 in relation to prohibiting. 5 ACTING PRESIDENT KUHL: The bill 6 is high. There is no message at the desk. So 7 the Secretary will lay the bill aside. 8 Senator Maziarz, that completes 9 the reading of the non-controversial calendar. 10 SENATOR MAZIARZ: Thank you, Mr. 11 President. 12 Mr. President, there is an 13 immediate meeting of the Higher Education 14 Committee in Room 332. 15 ACTING PRESIDENT KUHL: Immediate 16 meeting of the Higher Education Committee, 17 immediate meeting of the Higher Education 18 Committee in the Majority Conference Room, Room 19 332. 20 SENATOR MAZIARZ: Mr. President. 21 ACTING PRESIDENT KUHL: Senator 22 Maziarz. 23 SENATOR MAZIARZ: Mr. President, 24 at this time would you recognize Senator Spano 25 for the purpose of a resolution. 1 ACTING PRESIDENT KUHL: We'll 2 return to the order of motions and resolutions. 3 The Chair recognizes Senator 4 Spano but before we do that, we ought to have 5 the Secretary read the title to the resolution. 6 The Secretary will read. 7 THE SECRETARY: By Senator 8 Trunzo, Legislative Resolution 1129, honoring 9 New York State Professional Firefighters upon 10 the occasion of Professional Firefighters Week, 11 May 12 through 16, 1997. 12 ACTING PRESIDENT KUHL: The Chair 13 recognizes Senator Spano. 14 SENATOR SPANO: Thank you very 15 much, Mr. President, my colleagues. 16 On behalf of Senator Trunzo, we 17 have the resolution that is before us dedicating 18 the outstanding work of the Professional 19 Firefighters of New York State, and I wanted to 20 just take a couple of minutes to recognize those 21 firefighters and the job and the role that they 22 play in our community and the role that they've 23 played over the last 128 years, where we have 24 seen 454 firefighters over those 128 years, who 25 have made the supreme sacrifice, have lost their 1 lives in the line of duty, while protecting the 2 lives and the property of the people of our 3 great state. 4 The New York State Professional 5 Firefighters have an outstanding person who is 6 at the helm, Jim McGowan, who has continued to 7 represent the -- outstanding advocate on their 8 behalf in the halls of this Capitol. The New 9 York State Professional Firefighters have 25,000 10 members. They have been in Albany this week and 11 this resolution that we have before us today 12 dedicates and memorializes the Governor to call 13 on between May 12th and May 16th to make this 14 Professional Firefighters Week. 15 We're joined by a number of the 16 representatives of the firefighters in the 17 gallery, and I know that President McGowan is on 18 his way down here, I guess, but I know that I 19 see a number of firefighters up there that I 20 have had an opportunity to work with and 21 certainly some members from the Fifth District, 22 a little closer to home in Westchester County, 23 and I, Mr. President, ask that we do unanimously 24 adopt this resolution which has the sponsorship 25 of all of the members of this house already and 1 please recognize those firefighters who are 2 joined with us in the gallery today. 3 Thank you. 4 ACTING PRESIDENT KUHL: Thank 5 you, Senator Spano. 6 Is there any other Senator 7 wishing to speak on the resolution? The 8 resolution -- I'm sorry. I apologize, Senator 9 Spano. I misled you. The resolution was 10 adopted yesterday so we're just speaking on it 11 today. 12 Hearing none, on behalf of 13 Senator Bruno and all the members of the 14 chamber, I would like to welcome these 15 professional firefighters to the chamber. We 16 appreciate your coming and spending a couple 17 moments of your lives which you are very 18 dedicated certainly and provide a wonderful 19 service, a very vital service to all the 20 residents of the state of New York and we 21 appreciate your sharing just a little piece of 22 that time of your existence on this earth with 23 us and welcome to the chamber. If there's 24 anything any member of this chamber can do for 25 you, we certainly are here to do that. 1 So if you would all rise, we 2 would like to recognize you for providing the 3 wonderful service you do. (Applause) 4 Senator Maziarz. 5 SENATOR MAZIARZ: Mr. President, 6 is there any housekeeping at the desk? 7 ACTING PRESIDENT KUHL: It's all 8 taken care of, Senator Maziarz. 9 SENATOR MAZIARZ: Could you 10 recognize Senator Gentile, please. 11 ACTING PRESIDENT KUHL: The Chair 12 recognizes Senator Gentile. 13 SENATOR GENTILE: Thank you, Mr. 14 President. 15 I would just like unanimous 16 consent to be recorded in the negative on bill 17 numbers -- Calendar Numbers 878 and 902. 18 ACTING PRESIDENT KUHL: Without 19 objection, hearing no objection, Senator Gentile 20 will be recorded in the negative on Calendar 21 Number 878 and Calendar Number 902. 22 SENATOR GENTILE: Thank you, Mr. 23 President. 24 ACTING PRESIDENT KUHL: Senator 25 Dollinger. 1 SENATOR DOLLINGER: May I also 2 have unanimous consent to be recorded in the 3 negative on 902 and 878. 4 ACTING PRESIDENT KUHL: Without 5 objection, hearing no objection, Senator 6 Dollinger will be recorded in the negative on 7 Calendar Number 878 and Calendar Number 902. 8 Senator Maziarz. 9 SENATOR MAZIARZ: Mr. President, 10 could we stand at ease awaiting a message on 11 Calendar Number 925, please. 12 ACTING PRESIDENT KUHL: The 13 Senate will stand at ease. 14 (Whereupon, the Senate stood at 15 ease from 10:24 a.m. until 10:34 a.m.) 16 ACTING PRESIDENT KUHL: The 17 Senate will come to order. Ask the members to 18 find their places. 19 The Chair recognizes Senator 20 Dollinger. 21 SENATOR DOLLINGER: Mr. 22 President, I ask unanimous consent to be 23 recorded in the negative on Calendar Number 743. 24 ACTING PRESIDENT KUHL: Without 25 objection. 1 SENATOR DOLLINGER: Thank you. 2 ACTING PRESIDENT KUHL: Hearing 3 no objection, Senator Dollinger will be recorded 4 in the negative on Calendar Number 743. 5 Senator Sampson. 6 SENATOR SAMPSON: Mr. President, 7 I would like unanimous consent to be recorded in 8 the negative on Calendar Number 218. 9 ACTING PRESIDENT KUHL: Without 10 objection, hearing no objection, Senator Sampson 11 will be recorded in the negative on 218. 12 SENATOR SAMPSON: Also I would 13 like unanimous consent, Mr. President, to be 14 recorded in the negative on Calendar Number 497. 15 ACTING PRESIDENT KUHL: Without 16 objection, hearing no objection, Senator Sampson 17 will be recorded in the negative on Calendar 18 Number 497. 19 SENATOR SAMPSON: And also - 20 ACTING PRESIDENT KUHL: Senator 21 Sampson. 22 SENATOR SAMPSON: Also I would 23 like to, Mr. President, be recorded in the 24 negative on Calendar Number 743. 25 ACTING PRESIDENT KUHL: Without 1 objection, hearing no objection, Senator Sampson 2 will be recorded in the negative on Calendar 3 Number 743. 4 Senator Wright. 5 SENATOR WRIGHT: Can we return to 6 the controversial calendar, please, and take up 7 Calendar Number 925. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the title to Calendar Number 10 925 by Senator Johnson. 11 THE SECRETARY: Calendar Number 12 925, by Senator Johnson, Senate Print 3647-A, an 13 act to amend the Environmental Conservation Law, 14 in relation to prohibiting the taking of 15 menhaden. 16 ACTING PRESIDENT KUHL: Senator 17 Wright. 18 SENATOR WRIGHT: Is there a 19 message of necessity at the desk? 20 ACTING PRESIDENT KUHL: There is 21 a message at the desk. 22 SENATOR WRIGHT: I move the 23 message. 24 ACTING PRESIDENT KUHL: The 25 motion is to accept the message of necessity at 1 the desk on Calendar Number 925. All those in 2 favor signify by saying aye. 3 (Response of "Aye".) 4 Opposed, nay. 5 (There was no response.) 6 The message is accepted. 7 The Secretary will read the last 8 section. 9 THE SECRETARY: Section 7. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 48. 15 ACTING PRESIDENT KUHL: Senator 16 Oppenheimer to explain her vote. 17 SENATOR OPPENHEIMER: Yes. Thank 18 you, Mr. President. 19 This is a very important bill for 20 my district, in that we live along the Long 21 Island Sound and on the Sound these very large 22 trawlers -- they're bunker boats -- come in and 23 scoop up all the menhaden, all the small, what 24 are called mossbunkers or bunker fish and, 25 therefore, the sport fish, the bluefish and the 1 stripers have nothing to feed on. These bunker 2 boats come with purse seine nets that scoop up 3 every single small bunker fish. The companies 4 bring in airplanes. They spot where the schools 5 of fish are. They then spread out this net, 6 which is huge, like 1500 feet and then they pull 7 a string on the top and then all of these fish, 8 all the entire school is caught in this net and 9 as a result, we have a lot of sport fishermen 10 and we have a lot of industry around sport 11 fishing. 12 What this bill would do is it 13 would exclude these enormous bunker boats from 14 coming into the entire shoreline of Westchester 15 County and also a good portion of Long Island's 16 shoreline. It would move the dates that these 17 boats can come in from the third Monday in June 18 to just after July 4th, the Monday after July 19 4th. 20 This is an important bill for the 21 industry. There are other provisions I won't 22 mention but it is really a significant bill, and 23 we wanted to get it done before the 19th of this 24 month because that's when these bunker boats 25 from the southern states come in basically from 1 Virginia. So we're very pleased it will be 2 moving today. 3 Thank you. 4 ACTING PRESIDENT KUHL: Senator 5 Oppenheimer will be recorded in the 6 affirmative. Announce the results. 7 Senator Johnson to explain his 8 vote. 9 SENATOR JOHNSON: Yes, Mr. 10 President. I think I must commend my colleague, 11 Senator Oppenheimer, for the wonderful 12 explanation. I was out of the room when this 13 bill first came up but she has been a stalwart 14 in the New York-Connecticut Bi-state Committee 15 for Long Island Sound, worked together with us 16 in drafting this bill, and I would like to 17 commend her for the help she's given us and this 18 is a very important bill. I appreciate the 19 Governor sending the message and it is coming up 20 today. 21 Yes, it's true. If we don't pass 22 this today, next Monday the bunker boats will be 23 on Long Island Sound creating a lot of problems 24 for a lot of people which really aren't 25 necessary. 1 So I would like to thank you all 2 for your vote in favor of this bill. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 Senator Tully. 6 SENATOR TULLY: Thank you, Mr. 7 President. 8 I was out of the room at the time 9 Calendar Number 648 was called. I was attending 10 a meeting and had I been in the room at that 11 time, I would have voted in the negative on 12 Calendar Number 648. 13 ACTING PRESIDENT KUHL: Without 14 objection and hearing no objection, Senator 15 Tully will be recorded in the negative on 16 Calendar Number 648. 17 Senator Johnson. 18 SENATOR JOHNSON: Yes, Mr. 19 President. I wasn't actually involved in the 20 discussions when Calendar Number 442 came up, 21 but I would like it to be indicated that I would 22 have voted no if I were here. 23 Thank you. 24 ACTING PRESIDENT KUHL: Without 25 objection. 1 SENATOR JOHNSON: If I might 2 add - 3 ACTING PRESIDENT KUHL: Senator 4 Johnson, we'll record you in the negative, if 5 there's no objection. Without objection and 6 hearing no objection, Senator Johnson will be 7 recorded in the negative on Calendar Number 448. 8 SENATOR JOHNSON: I would like to 9 say one other thing, Mr. President. I neglected 10 to mention Senator Tully, who is also an active 11 member of the Bi-state Committee, was helpful in 12 drafting this bill. 13 Thank you. 14 ACTING PRESIDENT KUHL: That was 15 Calendar Number 442, Senator Johnson? 16 SENATOR JOHNSON: Correct. 17 ACTING PRESIDENT KUHL: Okay. 18 Senator Johnson will be recorded in the negative 19 on Calendar Number 442. 20 Any other Senator wishing to cast 21 a vote at this time? 22 SENATOR MAZIARZ: Mr. President. 23 ACTING PRESIDENT KUHL: Senator 24 Maziarz. 25 SENATOR MAZIARZ: Yes, Mr. 1 President. I would like to ask unanimous 2 consent to be recorded in the negative on 3 Calendar Number 442. 4 ACTING PRESIDENT KUHL: Without 5 objection, hearing no objection, Senator Maziarz 6 will be recorded in the negative on Calendar 7 Number 442. 8 Senator Wright. 9 SENATOR WRIGHT: Is there any 10 housekeeping? 11 ACTING PRESIDENT KUHL: There is 12 none. 13 SENATOR WRIGHT: There being no 14 further business, I move we adjourn until 15 Monday, May 19th, at 3:00 p.m., intervening days 16 being legislative days. 17 ACTING PRESIDENT KUHL: Without 18 objection, the Senate stands adjourned until 19 Monday, May 19th, usual time, 3:00 p.m., the 20 intervening days to be legislative days. 21 (Whereupon, at 10:41 a.m., the 22 Senate adjourned.) 23 24 25