Wednesday, March 16, 1994

1337 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 March 16, 1994 10 11:40 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR NICHOLAS A. SPANO, Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 1338 1 P R O C E E D I N G S 2 ACTING PRESIDENT SPANO: The 3 Senate will come to order, without the gavel. 4 All please rise for the Pledge of Allegiance to 5 the Flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 In the absence of clergy, please 9 bow our heads for a moment of silence. 10 (A moment of silence was 11 observed.) 12 Reading of the Journal, while the 13 Sergeant-at-Arms tries to find out who stole the 14 gavel. 15 THE SECRETARY: In Senate, 16 Tuesday, March 15th. The Senate met pursuant to 17 adjournment, Senator Spano in the chair upon 18 designation of the Temporary President. The 19 Journal of Monday, March 14th, was read and 20 approved. On motion, Senate adjourned. 21 ACTING PRESIDENT SPANO: Hearing 22 no objection, the Journal stands approved as 23 read. 1339 1 Messages from the Assembly. 2 Governor. 3 Reports of standing committees. 4 Motions and resolutions. 5 Senator DiCarlo. 6 SENATOR DiCARLO: Mr. President, 7 I move that the following bills be discharged 8 from their respective committees and be 9 recommitted with instructions to strike the 10 enacting clause: Bills 1336, 1690, 4294-A, 11 4338-A, 4339, 4340, 4384-A and 6143, Senator 12 Libous. 13 ACTING PRESIDENT SPANO: So 14 ordered. Any other motions, resolutions, 15 substitutions? The Secretary will read. 16 THE SECRETARY: On page six of 17 today's calendar, Senator Gold moves to 18 discharge the Committee on Finance from Assembly 19 Bill Number 8918, and substitute it for the 20 identical Calendar Number 362. 21 On page 8, Senator Spano moves to 22 discharge the Committee on Judiciary from 23 Assembly Bill Number 9266, and substitute it for 1340 1 the identical Calendar Number 372. 2 On page 9, Senator Maltese moves 3 to discharge the Committee on Crime Victims from 4 Assembly Bill Number 168-A, and substitute it 5 for the identical Calendar Number 383. 6 ACTING PRESIDENT SPANO: 7 Substitution is ordered. 8 Senator Present. 9 SENATOR PRESENT: Would you 10 recognize Senator Stachowski, please. 11 ACTING PRESIDENT SPANO: Senator 12 Stachowski. 13 SENATOR STACHOWSKI: Mr. 14 President, I have a privileged resolution at the 15 desk. Could you please just read the title, 16 waive the reading - 17 ACTING PRESIDENT SPANO: The 18 Secretary -- the Secretary will read the title 19 of the resolution. 20 THE SECRETARY: Legislative 21 Resolution, by Senator Stachowski, expressing 22 sorrow at the passing of Catherine Molloy of 23 Buffalo, New York. 1341 1 ACTING PRESIDENT SPANO: On the 2 resolution, all those in favor, signify by 3 saying aye. 4 (Response of "Aye".) 5 Opposed nay. 6 (There was no response.) 7 The resolution is adopted. 8 Senator Present. 9 SENATOR PRESENT: Let's take up 10 the non-controversial calendar, please. 11 ACTING PRESIDENT SPANO: The 12 Secretary will read the non-controversial 13 calendar. 14 THE SECRETARY: On page 19 of 15 today's calendar, Calendar Number 311, by 16 Senator Johnson - 17 SENATOR PRESENT: Lay it aside 18 for the day. 19 ACTING PRESIDENT SPANO: Lay it 20 aside for the day. 21 THE SECRETARY: Calendar Number 22 337, by Senator Larkin - 23 SENATOR GOLD: Lay it aside, 1342 1 please. 2 ACTING PRESIDENT SPANO: Lay it 3 aside. 4 THE SECRETARY: Calendar Number 5 339, by Senator Nozzolio, Senate Bill Number 6 4005, Election Law, in relation to the term of 7 the chairman of the state Board of Elections. 8 ACTING PRESIDENT SPANO: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT SPANO: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 32. 16 ACTING PRESIDENT SPANO: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 342, by Senator Kuhl - 20 SENATOR GOLD: Lay it aside, 21 please. 22 ACTING PRESIDENT SPANO: Lay it 23 aside. 1343 1 THE SECRETARY: Calendar Number 2 343, by Senator Kuhl, Senate Bill Number 5223, 3 Agriculture and Markets Law, in relation to the 4 producer referendum under the Rogers-Allen Law. 5 ACTING PRESIDENT SPANO: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SPANO: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 33. 13 ACTING PRESIDENT SPANO: The bill 14 is passed. 15 Senator Present, that completes 16 the non-controversial calendar. 17 SENATOR PRESENT: Can we stand at 18 ease just for a few moments? 19 ACTING PRESIDENT SPANO: The 20 Senate will stand at ease. 21 (Whereupon, the Senate stood at 22 ease.) 23 Senator Present. 1344 1 SENATOR PRESENT: Mr. President, 2 can we call up Calendar 342, please? 3 ACTING PRESIDENT SPANO: Calendar 4 342. The Secretary will read. 5 THE SECRETARY: Calendar Number 6 342, by Senator Kuhl, Senate Bill Number 3182, 7 an act to amend the Agriculture and Markets Law, 8 in relation to the siting of solid waste 9 management resource recovery facilities. 10 ACTING PRESIDENT SPANO: Read the 11 last section. 12 SENATOR GOLD: Explanation, 13 please. 14 ACTING PRESIDENT SPANO: Senator 15 Kuhl. 16 SENATOR KUHL: Yes, Mr. 17 President. This is a bill that essentially 18 would prohibit the siting of solid waste 19 facilities in districts without the permission 20 of the landowner. 21 ACTING PRESIDENT SPANO: Senator 22 Gold. 23 SENATOR GOLD: Yeah, Mr. 1345 1 President, would the sponsor yield to a 2 question? 3 SENATOR KUHL: Yes. 4 ACTING PRESIDENT SPANO: Would 5 the sponsor yield? 6 SENATOR GOLD: Yes, Senator. 7 There's a two-page memo from the Department of 8 Environmental Conservation. Have you seen the 9 memo yet? 10 SENATOR KUHL: I have not, 11 Senator. The only memo I have is from the Farm 12 Bureau in my file and it's a memorandum in 13 support. 14 SENATOR GOLD: Yeah -- no, I 15 definitely have the memo from the Farm Bureau in 16 support, but there is a memo, and I don't know 17 why these memos don't get around, but I would be 18 grateful, Senator, if you want to take a look at 19 the -- well, our stamp is dated March 8, 1994. 20 I don't know whether it was circulated, but - 21 and I don't know whether it will make much 22 difference to you in the long run, but would you 23 be interested in seeing the memo? 1346 1 SENATOR KUHL: Sure. 2 SENATOR GOLD: Putting it over a 3 day? 4 SENATOR KUHL: Certainly. Why 5 don't we put it over for a day and Senator - 6 SENATOR GOLD: Thank you, 7 Senator. 8 ACTING PRESIDENT SPANO: Lay the 9 bill aside. 10 Senator Present. 11 SENATOR PRESENT: Is there any 12 housekeeping to be done? 13 ACTING PRESIDENT SPANO: Any 14 motions, resolutions, housekeeping? 15 SENATOR GOLD: Hold on one 16 second. 17 ACTING PRESIDENT SPANO: Senator 18 Present. 19 SENATOR PRESENT: Mr. President, 20 there being no further business, I move we 21 adjourn until Monday, March 21st, at 3:00 p.m., 22 intervening days to be legislative days. 23 ACTING PRESIDENT SPANO: The 1347 1 Senate will stand adjourned until Monday, 3:00 2 p.m. 3 (Whereupon, at 12:00 p.m., the 4 Senate adjourned.) 5 6 7 8 9 10