Wednesday, May 3, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 3, 2006 11 11:07 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, May 2, the Senate met pursuant to 18 adjournment. The Journal of Monday, May 1, 19 was approved. On motion, Senate adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

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(518) 371-8910 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Farley. 7 SENATOR FARLEY: Thank you, Madam 8 President. You project very well up there. 9 On behalf of Senator Golden, Madam 10 President, on page 33 I offer the following 11 amendments to Calendar Number 524, Senate 12 Print 4458C, and I ask that that bill retain 13 its place on the Third Reading Calendar. 14 THE PRESIDENT: The amendments 15 are received, and the bill will retain its 16 place on the Third Reading Calendar. 17 SENATOR FARLEY: Madam President, 18 on behalf of Senator Maziarz, I wish to call 19 up his bill, 5849A, which was recalled from 20 the Assembly, and it's now at the desk. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: Calendar Number 24 432, by Senator Maziarz, Senate Print 5849A, 25 an act to amend the Parks, Recreation and

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(518) 371-8910 1 Historic Preservation Law. 2 SENATOR FARLEY: Madam President, 3 I now move to reconsider the vote by which 4 this bill passed. 5 THE PRESIDENT: The Secretary 6 will call the roll upon reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 36. 9 SENATOR FARLEY: Madam President, 10 I now offer the following amendments. 11 THE PRESIDENT: The amendments 12 are received. 13 Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 if we could go to the noncontroversial reading 16 of the calendar. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: Calendar Number 20 317, by Senator Winner, Senate Print 1425, an 21 act to amend the Penal Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of

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(518) 371-8910 1 November. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 42. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 648, by Senator Winner, Senate Print 6923, an 9 act to amend the Penal Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of 14 November. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE PRESIDENT: Senator Duane. 18 SENATOR DUANE: Thank you, Madam 19 President. 20 This bill and the previous bill are 21 both very good bills and take a couple of 22 steps towards providing for better gun safety 23 in our state. We still have a lot more work 24 to do. 25 Of course we all know what the

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(518) 371-8910 1 negative consequences were of an accident 2 earlier this year that was quite high-profile 3 in the news. And perhaps, in a way, the vice 4 president did those of us who support 5 responsible gun control a big favor, because 6 it raised the issue even more sharply in the 7 public's eye of the need for pushing forward 8 on other items essential to ensuring gun 9 safety and gun control legislation which 10 actually will be helping people in our state 11 and in our nation. 12 So I'm going to be voting yes on 13 this piece of legislation, as I did on the 14 last piece of legislation, with the hope that 15 these two bills are just two more steps 16 forward in our efforts to have more 17 responsible gun ownership and gun safety and 18 gun control which does take firearms out of 19 the hands of those who would use them in a 20 danger to society. 21 Thank you, Madam President. 22 THE PRESIDENT: You will be 23 recorded as voting in the affirmative, Senator 24 Duane. 25 The Secretary will announce the

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(518) 371-8910 1 results. 2 THE SECRETARY: Ayes, 42. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 677, by Senator Balboni, Senate Print 6782, an 7 act authorizing the assessor of the County of 8 Nassau. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 41. Nays, 16 1. Senator Bonacic recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 686, by Senator Morahan, Senate Print 7169A, 21 an act to amend the Mental Hygiene Law and the 22 Education Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 5. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE PRESIDENT: Senator Duane, to 5 explain your vote. 6 SENATOR DUANE: Thank you, Madam 7 President. 8 I am going to vote for this bill, 9 which deals with the reporting of abuse and 10 mistreatment of mentally retarded and 11 developmentally disabled adults. And 12 obviously the abuse of the mentally retarded 13 is a terrible, terrible thing, and it's very 14 sad that it would even happen. 15 However, I also think it's 16 important for us to look at the root causes of 17 such abuse. I mean, having a mentally 18 retarded or developmentally disabled person in 19 the home can certainly create incredible 20 stress on a family, and those stresses can 21 manifest themselves in many different ways, 22 whether it's substance abuse or some other 23 kind of acting out. 24 Now, if more families have access 25 to affordable counseling and mental health

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(518) 371-8910 1 treatment, maybe there would be healthier ways 2 for people to deal with stress in our state. 3 However, New York State doesn't have a 4 Timothy's Law. And as a result, scores of 5 New York's families don't have access to 6 affordable mental health care. 7 You know, we can probably stem some 8 of the tide of abuse of people, whether 9 they're mentally retarded or not, if we 10 actually paid for counseling for families to 11 actually cut off or to stem bad behaviors 12 through counseling before they began. 13 You know, yesterday I spoke with a 14 group of families who are dealing with loved 15 ones who are severely mentally disabled, and 16 it was heartbreaking to listen to their 17 stories. And I couldn't help but think how 18 mental health care would be helpful to their 19 situation. 20 So that's why we need to pass a 21 Timothy's Law this session, Madam President. 22 I'm voting yes on this, and I'm hoping that 23 soon we'll have a Timothy's Law to vote on in 24 this house. 25 THE PRESIDENT: You will be

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(518) 371-8910 1 recorded as voting in the affirmative, 2 Senator. 3 The Secretary will announce the 4 results. 5 THE SECRETARY: Ayes, 50. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 699, by Senator Farley, Senate Print 4386, an 10 act to amend the Banking Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 50. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 718, by Senator Little, Senate Print 5980, an 22 act to amend the Executive Law. 23 SENATOR DUANE: Lay it aside, 24 please. 25 THE PRESIDENT: The bill is laid

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(518) 371-8910 1 aside. 2 THE SECRETARY: Calendar Number 3 723, by Senator Johnson, Senate Print 6443, an 4 act to authorize the Church of God of 5 Brentwood. 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, 51. Nays, 13 1. Senator Bonacic recorded in the negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Excuse me. Ayes, 17 50. Nays, 2. Senators Bonacic and Larkin 18 recorded in the negative. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 762, by Senator Alesi, Senate Print 967, an 23 act to amend the Correction Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 762 are 7 Senators Duane, L. Krueger, and Montgomery. 8 Ayes, 51. Nays, 3. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 782, by Senator Little, Senate Print 4911A, an 13 act to amend the Town Law and the Village Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 54. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 793, by Senator Larkin, Senate Print 443, an 25 act to amend the Environmental Conservation

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(518) 371-8910 1 Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 180th day. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE PRESIDENT: Senator Serrano, 9 to explain your vote. 10 SENATOR SERRANO: Thank you, 11 Madam President. 12 Last year I opposed this bill. I 13 believe that in light of what we saw recently, 14 with the vice president shooting that poor man 15 in the face, and many of the other mishaps 16 that happen with hunting, that it is clear to 17 people across this state that the so-called 18 sport of hunting is very unsafe and should be 19 regulated more closely. 20 I believe that creating an 21 additional open season to this unsafe practice 22 is both wrong and inhumane, and this year I 23 will be opposing this bill once again. 24 Thank you, Madam President. 25 THE PRESIDENT: You will be so

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(518) 371-8910 1 recorded as voting in the negative, Senator. 2 The Secretary will announce the 3 results. 4 THE SECRETARY: Ayes, 54. Nays, 5 1. Senator Serrano recorded in the negative. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 798, by Senator Bonacic, Senate Print 268A, an 10 act to amend the Vehicle and Traffic Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 120th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 799, by Senator Trunzo, Senate Print 852A, an 22 act to amend the Vehicle and Traffic Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect on the 180th day. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 55. 5 THE PRESIDENT: The bill is 6 passed. 7 Senator Skelos, that completes the 8 noncontroversial reading of the calendar. 9 SENATOR SKELOS: Thank you, Madam 10 President. If we could go to the 11 controversial calendar. 12 THE PRESIDENT: The Secretary 13 will ring the bell, and the members should 14 return to their seats so we can commence the 15 controversial calendar. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 718, by Senator Little, Senate Print 5980, an 19 act to amend the Executive Law. 20 SENATOR LIZ KRUEGER: 21 Explanation. 22 THE PRESIDENT: Senator Little, 23 an explanation has been requested. 24 SENATOR LITTLE: Thank you, Madam 25 President.

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(518) 371-8910 1 This is a bill that would change 2 the law in relation to the regulation of 3 campgrounds by the Adirondack Park Agency. 4 The Adirondack Park Agency is an agency that 5 regulates land use within the Adirondack Park. 6 I also would like to just give you 7 a definition of what campground we're talking 8 about, the type of campground. "Campground," 9 according to the Adirondack Park Agency, means 10 any area designated for transient occupancy by 11 camping in tents, camp trailers, travel 12 trailers, motor homes or similar facility 13 designed for temporary shelter. 14 The Adirondack Park Agency would be 15 the agency involved with the land use and the 16 siting of a campground within the Adirondack 17 Park. So they have the authority to decide 18 where a campground can be located, space, 19 number of camp sites and all of that. 20 What this bill says is that once 21 you have a campground within the Adirondack 22 Park, once one has been sited, then the 23 Department of Health takes over and regulates 24 that campground the same as it regulates every 25 other campground within the State of New York.

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(518) 371-8910 1 The reason for this bill is that 2 the Adirondack Park Agency submitted a group 3 of -- a number of regulations -- 4 THE PRESIDENT: Can we please 5 have order. 6 Senator Little. 7 SENATOR LITTLE: Thank you. 8 They submitted a number of 9 regulations, one of which said that an RV 10 located -- or a tent, but mostly RVs -- 11 located at a campground within the Adirondack 12 Park could only be occupied for 90 days, and 13 after -- if it was in one location for 14 120 days, it would have to be moved to another 15 location. Within the park, but musical 16 chairs. Move the -- the thing. 17 When you talk to them about how do 18 you regulate how many days this RV is 19 occupied, they have no way of regulating it, 20 of enforcing it, or of knowing. So many of 21 their regulations are really unenforceable. 22 But what they would do is if you 23 were an RV traveler and you wanted to put a 24 camper in a location and leave it there -- 25 they're called seasonals. They rent it for

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(518) 371-8910 1 the season, they leave it there for the entire 2 year, even though the campgrounds in the 3 Adirondacks are open, for the most part, from 4 Memorial Day until Columbus Day. But they 5 don't take their camper home with them. They 6 leave it there, as they do throughout the 7 state -- that you would not be able to do that 8 within the Adirondack Park without only 9 occupying it for 90 days. Because someone at 10 the agency decided that a season is 90 days, 11 since there are four seasons in the year and 12 12 months makes three months 90 days. 13 So these people, instead of going 14 to the Adirondack Park, would go elsewhere in 15 the state. They would go to the perimeter 16 areas, they would go to the Finger Lakes, they 17 would go to Long Island, they would go to the 18 Catskills. And as much as you might want all 19 these people, we need them in the Adirondacks. 20 These are people who come, who 21 spend the summer, maybe weekends, come and go. 22 Some of them might spend the whole summer 23 there. They shop in the grocery stores, they 24 buy gasoline, they attended churches, they go 25 to restaurants for dinner, they volunteer in

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(518) 371-8910 1 organizations. They are an important part of 2 the economy of the Adirondack Park. 3 We do have a similar bill carried 4 by Assemblyman Aubertine in the Assembly. I 5 have numerous legislative resolutions of 6 support. Senator Duane will be happy to know 7 that I have a resolution of support from the 8 Town of Duane, which has one of these 9 campgrounds in it and would be severely 10 impacted by these strict regulations. 11 Contrary to the memo from the 12 Adirondack Council, we're not stripping them 13 of their power. We are saying the Adirondack 14 Park Agency has all the power in the world to 15 locate campgrounds within the parks. We're 16 not changing any of that. But what we're 17 saying is that when it comes to campsite space 18 requirements, fire safety, building 19 maintenance, food service, swimming pools, 20 water supply, sewage treatment, toilets, 21 lavatories, utility sinks, showers, 22 electrical, weed control, insect/rodent 23 control, refuse storage, the Department of 24 Health would regulate that the same as they do 25 at campgrounds throughout the state.

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(518) 371-8910 1 THE PRESIDENT: Senator Duane. 2 SENATOR DUANE: Thank you, Madam 3 President. If the sponsor would yield. 4 THE PRESIDENT: Senator Little, 5 will you yield for a question? 6 SENATOR LITTLE: Yes, I will. 7 THE PRESIDENT: You may proceed 8 with a question, Senator Duane. 9 SENATOR DUANE: I'm wondering if 10 voting for this litigation would be helpful 11 towards preserving the lodge in Duane. 12 SENATOR LITTLE: Oh, the Debar 13 Lodge. Well, that's something that we have -- 14 DEC, for those of you who are not familiar 15 with it -- and that gets me into another bill, 16 but DEC regulates property that gets taken 17 into the Forest Preserve and into the park, 18 the 3 million acres that the state owns. And 19 in the Forest Preserve, you are not supposed 20 to have any buildings, any improvements, any 21 structures. 22 The Debar Lodge is a very historic 23 lodge that was sold to the state and the life 24 term of the family was allowed to stay in this 25 really lovely lodge on a beautiful lake. Very

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(518) 371-8910 1 remote, very -- very Adirondacky. And now 2 that the trust is over, the family is gone, we 3 have DEC people occupying the lodge. We are 4 holding, keeping the lodge. We are looking 5 for historic designation of this. 6 What happens is the unit management 7 plans are being built around a state land 8 master plan within the Adirondack Park that is 9 supposed to be updated every five years, and 10 has not been updated since 1987, to 11 accommodate more for the historic nature and 12 the cultural nature of the Adirondack Park. 13 Working on that as well. 14 SENATOR DUANE: Thank you. 15 Thank you, Madam President. 16 THE PRESIDENT: Senator Krueger. 17 SENATOR LIZ KRUEGER: Thank you. 18 If the sponsor would please yield. 19 THE PRESIDENT: Senator Little, 20 will you yield for a question? 21 SENATOR LITTLE: Yes, I'd be glad 22 to. 23 THE PRESIDENT: You may proceed 24 with a question, Senator. 25 SENATOR LIZ KRUEGER: Thank you

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(518) 371-8910 1 very much. 2 I don't know whether there's a town 3 of Krueger in Adirondack Park anywhere, but I 4 don't think -- 5 SENATOR LITTLE: Haven't found 6 one yet. 7 SENATOR LIZ KRUEGER: But 8 wouldn't affect my concerns about this 9 legislation. 10 You mentioned the Adirondack 11 Council already, Senator Little. And in 12 materials that they sent to me, they sent 13 photos of RVs that appear to have become sort 14 of permanent residences. They have decks, 15 they have skirts, they have hookups to 16 utilities. They've cut down trees to make 17 room for their hookups to utilities. They 18 seem to be setting up sort of permanent 19 structures. 20 My understanding is they're not of 21 the intention of the Adirondack Park to be 22 sort of developed as permanent residences for 23 people, even though the original base for the 24 home may have been driven in under some kind 25 of RV standard. And I'm concerned, based on

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(518) 371-8910 1 the materials they've submitted and also 2 Environmental Advocates have submitted, that 3 your bill would actually prevent the park from 4 saying at any point in time, you know: No, 5 you can't set up permanent trailer-park homes 6 here in the park, that violates the 7 environmental protections and the goals of 8 keeping the Adirondack Park free of this kind 9 of residence. 10 And I'm wondering have you seen 11 these materials and what your response is 12 about their concerns. 13 SENATOR LITTLE: I have not seen 14 the Environmental Advocates material, but I 15 have the Adirondack Council. And, you know, I 16 do work with them all the time, despite the 17 fact that I don't always agree with them. 18 However, the point they're trying 19 to make is that these campgrounds are mobile 20 home parks. That is not true. They are not. 21 There are hookups for water, for septic, and 22 for electric -- well, the electric could be 23 done year-round. The water pipes, for the 24 most part, are not insulated. The water is 25 turned off in October. They are not open the

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(518) 371-8910 1 entire year. 2 The camper is left there, and it is 3 up to -- and there are abuses, as there are 4 throughout the state, where someone attaches 5 things to their camper that are not easily 6 removed. 7 The rule is in a campground -- and 8 this is the campground law -- is that all of 9 those campers are to be in a mobile status. 10 Now, that rule needs to be enforced more, and 11 there are abuses to it. But there is no 12 reason for the Adirondack Council to make that 13 distinguish -- distinguishing character 14 between those campgrounds within the 15 Adirondack Park and outside the Adirondack 16 Park. 17 The environment of the state of 18 New York is the same whether you're in the 19 park or out of the park. This would drive 20 people, summer residents, out of the park. 21 And it would really have a negative effect on 22 the economy of the park. 23 We've just recently had grocery 24 stores in all these small towns, this Tops 25 grocery store chain, closed because they can't

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(518) 371-8910 1 make a go of it. We have declining 2 enrollment. We have a problem getting 3 volunteer firemen. We have a stagnant 4 population. We have some serious issues 5 within the Adirondack Park for the 6 sustainability of the economy in the park. 7 SENATOR LIZ KRUEGER: Madam 8 President, if the sponsor would yield for an 9 additional question. 10 THE PRESIDENT: Senator Little, 11 will you yield for another question? 12 SENATOR LITTLE: Yes. 13 SENATOR LIZ KRUEGER: Thank you. 14 THE PRESIDENT: Senator Krueger. 15 SENATOR LIZ KRUEGER: Thank you 16 so much. 17 Am I correct in understanding that 18 your bill, if it became law, would then 19 prevent the Adirondack Park Agency from 20 establishing additional rules and regulations 21 over things in the park, as they have for 22 30 years? 23 So that if I understood you before, 24 if the State Department of Health regulations 25 said A-B-C, that the Adirondack Park Agency

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(518) 371-8910 1 could not say: But in this park, and we are 2 the park agency, we add, to those State 3 Department of Health rules, Regulations D, E 4 and F. 5 SENATOR LITTLE: In regard to 6 campgrounds, that's absolutely true. They 7 should not be able to go beyond campground 8 regulations for the entire state. 9 But they still have entire 10 authority over the land use and the siting of 11 campgrounds. And, you know, whether they're 12 near water or not, where their septic system 13 is and all of that, that's all part of their 14 siting and their land use. And this doesn't 15 affect that at all. 16 SENATOR LIZ KRUEGER: Thank you, 17 Madam President. 18 On the bill. 19 THE PRESIDENT: You may proceed 20 on the bill, Senator. 21 SENATOR LIZ KRUEGER: Thank you. 22 I appreciate the sponsor's answers 23 to my questions and her explanation of 24 concerns that I'm sure are real for her 25 district, and the conflicts between wanting to

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(518) 371-8910 1 ensure that you've got economic activity on 2 park grounds but also the need to ensure the 3 environmental protections of the future of the 4 Adirondack Park for generations to come. 5 I find myself feeling I have to 6 vote against this bill because, as the sponsor 7 just explained in her second answer, this 8 would take away from the Adirondack Park 9 Agency the ability to pass their own 10 regulations on campgrounds that might need to 11 go above and beyond what the Department of 12 Health's regulations are. 13 It is a unique park. It is a park 14 that is critical to the future of the State of 15 New York and our environment. And so I am 16 very concerned that we in the Legislature 17 would pass a law that would take away from the 18 agency responsible for the park, the 19 Adirondack Park Agency's ability to set their 20 own rule for their campgrounds. 21 And so I will be voting against the 22 bill, though I appreciate the sponsor's real 23 concern for these communities. And I hope 24 that perhaps she can simply work with the 25 Adirondack Park Agency and the organizations,

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(518) 371-8910 1 who I know she share their views that we want 2 to protect the park into the future -- that 3 they can work together to address the 4 problems. 5 And as she pointed out herself, 6 apparently there is an enforcement problem 7 already, which of course is a complicated 8 issue beyond whether you pass legislation that 9 says one thing or another. So I hope that 10 they will work with the sponsor to improve 11 enforcement of the existing rules. But I 12 don't think that we should be passing laws 13 that would override the Adirondack Park 14 Agency's ability -- 15 THE PRESIDENT: Senator Little. 16 SENATOR LITTLE: If I may, I'd 17 like to ask Senator Krueger a question. 18 THE PRESIDENT: Senator Krueger, 19 will you yield to Senator Little? 20 SENATOR LIZ KRUEGER: I certainly 21 will. Thank you, Madam President. 22 THE PRESIDENT: You may proceed 23 with a question, Senator Little. 24 SENATOR LITTLE: Just as a point, 25 I don't know if you've ever been to the

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(518) 371-8910 1 Adirondack Park -- 2 SENATOR LIZ KRUEGER: Yes, I 3 have. 4 SENATOR LITTLE: -- or visited 5 areas, some of the remote areas within the 6 park. It is not a Central Park. It is an 7 area where 130,000 people live and try to make 8 a living. 9 We now have more second homes in 10 Hamilton County, 4,000-some second homes to 11 1,800 year-round residents. In Essex County, 12 we're at 14,000 year-round to 10,000-some 13 second homes. We are losing ground. 14 Campgrounds have an economic 15 benefit to the Adirondacks. We want people to 16 come to them, to stay there. We don't want 17 them to choose to go outside the park. And 18 these regulations will keep people from coming 19 to the Adirondack Park for the season. 20 SENATOR LIZ KRUEGER: Thank you. 21 Madam President, if I may continue. 22 THE PRESIDENT: Senator Krueger. 23 SENATOR LIZ KRUEGER: I 24 appreciate -- I have been to the Adirondack 25 Park. I certainly would not claim any

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(518) 371-8910 1 expertise in the park, as you certainly 2 justifiably have. I certainly agree it is not 3 Central Park. 4 But again, I think your point, and 5 it is well-taken, about people live there, 6 there is economic activity in the park -- you 7 are concerned about the relationship of 8 population growth or shrinkage, tourism, 9 economic development opportunities -- are a 10 reason why I think it's important to make sure 11 that the agency responsible for the park, the 12 Adirondack Park Agency, has the ability to 13 adjust its regulations as it rules over time 14 in order to address the changing demands on 15 the park, the changing uses of the park, the 16 changing patterns of tourism. 17 So I think that you and I share 18 equal concerns. And my disagreement with you 19 on this bill is that I think that the 20 agency -- that the agency mandated to have 21 long-term responsibility for the park needs to 22 have the flexibility to adjust over time what 23 it thinks the right regulations are. 24 So I think that I do understand 25 your point and that I do recognize that the

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(518) 371-8910 1 Adirondacks is, in its own right, a very 2 unique park, particularly because of its size 3 and the fact that there are towns and 4 communities and even sections of whole 5 counties that in fact are within the 6 definition of the park. 7 And I do believe that in working 8 with the APA you might find that you can get 9 these adjustments that meet everybody's 10 needs -- you don't agree with me, I can tell. 11 But I dutifully respect your concerns for your 12 district. 13 But I don't think we should take 14 this authority away from the Adirondack Park 15 Agency to make decisions that they believe 16 ared in the best interests of the whole park 17 and its future. 18 Thank you very much, Madam 19 President. I'll be voting no. 20 THE PRESIDENT: Does any other 21 member wish to be heard on this bill? 22 Then the debate is closed. 23 The Secretary will ring the bell. 24 Read the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE PRESIDENT: The Secretary 5 will announce the results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 718 are 8 Senators Andrews, Connor, Coppola, Dilan, 9 Klein, L. Krueger, C. Kruger, LaValle, 10 Montgomery, Onorato, Oppenheimer, Parker, 11 Paterson, Sabini, Savino, Serrano, A. Smith, 12 Spano, Stachowski, Stavisky, Valesky. Also 13 Senator Leibell. 14 Those Senators absent from voting: 15 Senator Fuschillo. 16 Ayes, 34. Nays, 22. 17 THE PRESIDENT: The bill is 18 passed. 19 Senator Skelos. 20 SENATOR SKELOS: Madam President, 21 is there any further business at the desk? 22 THE PRESIDENT: No, there is not, 23 Senator. 24 SENATOR SKELOS: There being 25 none, I move we stand adjourned until Monday,

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(518) 371-8910 1 May 8th, at 3:00 p.m., intervening days being 2 legislative days. 3 THE PRESIDENT: On motion, the 4 Senate stands adjourned until Monday, May 8, 5 at 3:00 p.m., intervening days being 6 legislative days. 7 (Whereupon, at 11:49 a.m., the 8 Senate adjourned.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910