Thursday, July 8, 1993

8611 1 ALBANY, NEW YORK 2 July 8, 1993 3 8:31 a.m. 4 5 6 REGULAR SESSION 7 8 9 10 LT. GOVERNOR STAN LUNDINE, President 11 STEPHEN F. SLOAN, Secretary 12 13 14 15 16 17 18 19 20 21 22 23 8612 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 Like to ask everyone present to 5 rise and repeat the Pledge of Allegiance with 6 me. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 In the absence of clergy, I think 10 we should have a moment of silence. 11 (A moment of silence was 12 observed. 13 The Secretary will read the 14 Journal. 15 THE SECRETARY: In Senate, 16 Wednesday, July 7th. The Senate met pursuant to 17 adjournment. The Journal of Tuesday, July 6th, 18 was read and approved. On motion, Senate 19 adjourned. 20 THE PRESIDENT: Hearing no 21 objection, the Journal will stand approved as 22 read. 23 Presentation of petitions. 8613 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and Resolutions. 8 The Calendar. 9 Senator Present. 10 SENATOR PRESENT: Can we call up 11 Calendar 588, please. 12 THE PRESIDENT: Secretary will 13 read. 14 THE SECRETARY: On page 8 of the 15 regular calendar, Calendar Number 588, by 16 Senator Kuhl, Senate Bill Number 3539-B, an act 17 to amend the Agriculture and Markets Law. 18 THE PRESIDENT: Last section. 19 THE SECRETARY: Section 2. 20 THE PRESIDENT: Senator 21 DeFrancisco. 22 SENATOR DeFRANCISCO: On the bill. 23 This particular bill, I believe, goes a little 8614 1 bit further than is prudent as far as waste - 2 the waste stream and protection of the 3 environment. 4 Basically in my county, in 5 Onondaga County, there is an EPA-approved and a 6 DEC-approved procedure for the disposal of 7 sludge. Despite the fact that it has been so 8 approved, if this bill passes, that manner of 9 disposal will no longer be permitted in Onondaga 10 County. 11 It's nice to say that we're going 12 to stop various types of activities that 13 purportedly protect the environment, but on the 14 other hand, we're always complaining or a lot of 15 time we're complaining about how stringent the 16 rules of the EPA or the DEC are, and this even 17 goes further than that. 18 So I would -- it's going to cause 19 my county a very big problem if this particular 20 bill passes since they will have no process and 21 no procedure and no place to dispose of this 22 particular material, whereas now they do in an 23 EPA- and DEC-approved procedure. 8615 1 The DEC is against this bill and 2 I believe that the DEC for the most part 3 adequately protects us, and I would hope that we 4 would consider this and consider what 5 alternatives, if any, the counties would have if 6 they were bound by this legislation. 7 There is also a memo in 8 opposition by the New York State Association of 9 Counties; so I believe it's going to affect more 10 than just Onondaga County. So I would strongly 11 urge the members to consider this carefully and 12 vote no on this particular piece of legislation. 13 THE PRESIDENT: Senator Leichter. 14 SENATOR LEICHTER: Last 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: Those recorded in 20 the negative on Calendar Number 588 are Senators 21 DeFrancisco, Galiber, Halperin, Leichter, 22 Mendez, Nozzolio, Oppenheimer, Spano and Wright. 23 Ayes 49, nays 9; also Senator Daly in the 8616 1 negative. 2 THE PRESIDENT: The bill is 3 passed. 4 SENATOR PRESENT: Calendar 833, 5 please. 6 THE SECRETARY: On page 14, 7 Calendar Number 833, by Senator Holland, Senate 8 Bill Number 3656-A, Social Services Law. 9 THE PRESIDENT: 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 58. 15 THE PRESIDENT: The bill is 16 passed. 17 SENATOR PRESENT: And Number 1108. 18 THE SECRETARY: On page 17, 19 Calendar Number 1108, by Senator Goodman, Senate 20 Bill 1622-A, an act to amend the Social Services 21 Law. 22 THE PRESIDENT: Last section. 23 THE SECRETARY: Section 2. This 8617 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 58. 5 THE PRESIDENT: The bill is 6 passed. 7 Senator Marino. 8 SENATOR MARINO: All of you have 9 contributed to a very good session. We haven't 10 accomplished everything we wanted. There is a 11 lot more to be done, but we'll be back once or 12 twice. We have to come back in August, the 13 latter part of August, and complete our work 14 with the Court of Appeals appointment and we 15 have one or two other items at that time to do. 16 But, beyond that, we should be free until 17 January for our new session; and in the interim, 18 hopefully, we will be negotiating other bills. 19 Let me thank Fred Ohrenstein, the 20 Minority Leader -- for all of the coopeeration I 21 have received from you, Fred, throughout the 22 session -- and Senator Gold for his steadfast 23 work on behalf of the Minority each and every 8618 1 day; all of the members on this side of the 2 aisle for the hard work throughout the session 3 and all of the staff members who work for the 4 Minority for all of the good work that was done 5 in the session. 6 I would like to thank my staff: 7 My secretaries, Anna Febraio, Lois Williams, 8 Teri VanWagenen, Maria DeLorenzo. My counsel 9 Angelo Mangia, who worked very, ver hard 10 throughout this year. Ron Pedersen. John 11 McArdle. 12 Our good secretary, Steve Sloan. 13 Frank Febraio. Joe Cornell, who does an 14 outstanding job each and every year. Our 15 sergeant-at-arms, John Everhart. Pauline 16 Williman, who has been outstanding and done 17 yeoman service throughout the year. All our 18 pages and messengers who were there when we need 19 them. 20 My deputy, Jess Present, for his 21 work throughout this session which has been 22 outstanding. My thanks, Jess. 23 To Ron Stafford, Chairman of 8619 1 Finance, for his work on the budget and 2 throughout this extraordinary session. 3 To our good Lieutenant Governor, 4 Stan Lundine, for presiding over our work and 5 ensuring that our work got done in an orderly 6 fashion. 7 To all members on this side of 8 the aisle who have helped me and have been loyal 9 to me and have contributed to the success of 10 this session, and to all of the staff members 11 who worked not only in recent days but 12 throughout this lengthy session and have 13 contributed to our success. 14 I appreciate all the work that's 15 been done. I appreciate your presence here 16 throughout the last 24 hours, and I wish you all 17 a wonderful summer. I'm sure you'll be happy to 18 be getting out of Albany, as I will. I want you 19 to enjoy a great vacation and come back 20 refreshed. 21 Thank you for a wonderful 22 session. 23 THE PRESIDENT: Senator 8620 1 Ohrenstein. 2 SENATOR OHRENSTEIN: Mr. 3 President. It's hard to believe that we've 4 reached this moment. I think starting some time 5 in the middle of last week -- I think it was 6 last week -- it got to be harder and harder to 7 believe that this moment would ever arrive. 8 So I, first of all, want to 9 congratulate Senator Marino for getting us here 10 at precisely at 8:00 o'clock and 41 minutes a.m. 11 and with the prospect of finally leaving Albany 12 and joining our patient families and, of course, 13 our constituents who have missed us a great deal 14 over these last few days. 15 I want to thank Senator Marino 16 for his patience and for his fortitude in 17 guiding this house through what has been a very, 18 very, very difficult and hard task in the last 19 few -- ten days especially. 20 It's been a rough session in many 21 respects. But, as Senator Marino, I will fore 22 bear making any comments on the ups or downs of 23 this very tedious process. 8621 1 I want to thank, first of all, my 2 colleagues here on this side of the aisle for 3 continuing to be patient with me. I know I try 4 your patience every day of the week, so thank 5 you very much. 6 And, of course, our colleagues on 7 the other side of the aisle for putting up with 8 the continued protest, the loud and continued 9 protest of the Minority of this side. When the 10 comments are good, they came from me. When they 11 are bad, they come from Senator Gold. So please 12 understand where the fault lies. 13 (Laughter). 14 But having said that, I want to 15 thank: 16 Manny Gold for continuing to be 17 our floor leader and having the sagacity and the 18 fortitude to lead this very rebellious group. 19 Senator Galiber, who has been 20 this year the chairman of our Policy Committee 21 and who has done a tremendous job. 22 Senator Mendez, president, the 23 chairman of our conference. 8622 1 Senator Masiello, and so many 2 others who contribute to our work. 3 My wonderful staff led by Dave 4 Langdon and Bob Bergin and so many of the other 5 people on the floor here, some of them novices 6 who have been broken and who are now tried war 7 horses. I want to thank all of you. 8 I want to wish you all a very, 9 very enjoyable summer. I'm sorry we have to be 10 back, but I guess our work never ends. 11 I left out one of my best friends 12 here and my tennis partner, Bill Stachowski, who 13 has been a wonderful help. 14 So have a good summer and a 15 well-earned vacation, and thanks for everything. 16 SENATOR MARINO: Mr. President. 17 Would you please recommit all the bills on the 18 calendar to the Committee on Rules. 19 THE PRESIDENT: So ordered. 20 SENATOR MARINO: There being no 21 further business, I move we adjourn subject to 22 the call of the Majority Leader, intervening 23 days to be legislative days. 8623 1 THE PRESIDENT: Senate stands 2 adjourned. 3 (Whereupon, at 8:45 a.m., Senate 4 adjourned.) 5 6 7 8 9 10 11 12 13