Regular Session - July 8, 1993

                                                                 
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         1                       ALBANY, NEW YORK

         2                        July 8, 1993

         3                          8:31 a.m.

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         6                       REGULAR SESSION

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        10       LT. GOVERNOR STAN LUNDINE, President

        11       STEPHEN F. SLOAN, Secretary

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         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.











                                                             
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         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











                                                             
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         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.











                                                             
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         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











                                                             
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         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











                                                             
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         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











                                                             
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         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











                                                             
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         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.











                                                             
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         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.











                                                             
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         1                      THE PRESIDENT: Senate stands

         2       adjourned.

         3                      (Whereupon, at 8:45 a.m., Senate

         4       adjourned.)

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