Regular Session - February 25, 1997

                                                                 
1034

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         8                       ALBANY, NEW YORK

         9                       February 25, 1997

        10                           3:05 p.m.

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        13                        REGULAR SESSION

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        17       LT. GOVERNOR BETSY McCAUGHEY ROSS, President

        18       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.  Would everyone please rise and

         4       repeat with me the Pledge of Allegiance.

         5                      (The assemblage repeated the

         6       Pledge of Allegiance to the Flag.)

         7                      The invocation today will be

         8       given by Reverend Leisa Williams, who is the

         9       pastor of the New Love Christian Church of Crown

        10       Heights, Brooklyn.

        11                      Reverend Williams.

        12                      REVEREND LEISA WILLIAMS:  Thank

        13       you.

        14                      Good afternoon, everyone.  May we

        15       bow our heads in reverence to the name of the

        16       Lord.  Almighty and everlasting God, we humbly

        17       implore Thee graciously to regard all assembled

        18       here who have the authority over us, that guided

        19       by the Holy Spirit they may be wise in counsel

        20       and unwavering in duty and in the administration

        21       of their solemn charge, may wholly serve Thy

        22       will, uphold the honor of our nation, secure the

        23       protection of our people and set forward every

        24       worthy cause.  The Lord who by Thy providence,

        25       did lead our forefathers to this land wherein







                                                             
1036

         1       they found refuge from oppression and freedom to

         2       worship Thee, we beseech Thee ever to guide our

         3       nation in the way of Thy truth and peace so that

         4       we may never fail in the blessing which God has

         5       promised us.  Through Christ our Lord we ask

         6       that every heart say Amen.

         7                      THE PRESIDENT:  Amen.

         8                      The reading of the Journal,

         9       please.

        10                      THE SECRETARY:  In Senate,

        11       Monday, February 24th.  The Senate met pursuant

        12       to adjournment.  The Journal of Friday, February

        13       21st, was read and approved.  Upon motion, the

        14       Senate adjourned.

        15                      THE PRESIDENT:  Without

        16       objection, the Journal stands approved as read.

        17                      Presentation of petitions.

        18                      Messages from the Assembly.

        19                      Messages from the Governor.

        20                      Reports of standing committees.

        21                      The Secretary will read.

        22                      THE SECRETARY:  Senator Tully,

        23       from the Committee on Water Resources, offers up

        24       the following bills:

        25                      Senate Print 383, by Senator







                                                             
1037

         1       Tully, an act to amend the Public Health Law, in

         2       relation to public water supplies;

         3                      2567-A, by Senator Tully, an act

         4       to amend the Environmental Conservation Law, in

         5       relation to including publicly owned drinking

         6       water.

         7                      Senator Alesi, from the Committee

         8       on Consumer Protection, offers up the following

         9       bills:

        10                      Senate Print 2009, by Senator

        11       Padavan, an act to amend the General Business

        12       Law, in relation to the regulation of

        13       immigration consultants;

        14                      2060, by Senator Kuhl, an act to

        15       amend the General Business Law, in relation to

        16       auctioneer automobiles;

        17                      2076, by Senator Velella, an act

        18       to amend the General Business Law, in relation

        19       to establishing additional restrictions on

        20       credit card sales.

        21                      Senator Spano, from the Committee

        22       on Labor, offers up the following bills:

        23                      Senate Print 799, by Senator

        24       Stafford, an act to amend the Labor Law, in

        25       relation to license to possess and use







                                                             
1038

         1       explosives;

         2                      1097, by Senator Lack, an act to

         3       amend the Labor Law, in relation to direct

         4       sellers;

         5                      1793, by Senator Spano, an act to

         6       amend the Labor Law, in relation to permitting;

         7                      2486, by Senator Spano, an act to

         8       amend the Labor Law and the Workers'

         9       Compensation Law.

        10                      Senator Volker, from the

        11       Committee on Codes, offers up the following

        12       bills:

        13                      Senate Print 72, by Senator Levy,

        14       an act to amend the Penal Law, in relation to

        15       including the theft of dogs and cats;

        16                      501, by Senator Johnson, an act

        17       to amend the Criminal Procedure Law, in relation

        18       to requiring certain persons;

        19                      1134, by Senator Marcellino, an

        20       act to amend the Criminal Procedure Law;

        21                      1135, by Senator Marcellino, an

        22       act to amend the Penal Law, in relation to

        23       criminally negligent homicide;

        24                      1187, by Senator Velella, an act

        25       to amend the Penal Law, in relation to the crime







                                                             
1039

         1       of unauthorized use;

         2                      1189, by Senator Velella, an act

         3       to amend the Criminal Procedure Law;

         4                      1290, by Senator Saland, an act

         5       to amend the Penal Law, in relation to the

         6       minimum period of imprisonment;

         7                      1292, by Senator Saland, an act

         8       to amend the Criminal Procedure Law, in relation

         9       to expanding the offenses concerning with a

        10       child witness;

        11                      1314, by Senator Velella, an act

        12       to amend the Penal Law and the Criminal

        13       Procedure Law;

        14                      1422, by Senator Cook, an act to

        15       amend the Criminal Procedure Law, in relation to

        16       denial;

        17                      1466, by Senator Volker, an act

        18       to amend the Civil Rights Law, in relation to

        19       providing for a limited community;

        20                      1537, by Senator DeFrancisco, an

        21       act to amend the Criminal Procedure Law;

        22                      1538, by Senator DeFrancisco, an

        23       act to amend the Criminal Procedure Law, in

        24       relation to compliance with orders affixing

        25       bail;







                                                             
1040

         1                      1539, by Senator DeFrancisco, an

         2       act to amend the Criminal Procedure Law, in

         3       relation to the time limitations for speedy

         4       trial;

         5                      1582, by Senator Larkin, an act

         6       to amend the Criminal Procedure Law, in relation

         7       to security services in the courts.

         8                      Senator Rath, from the Committee

         9       on Local Government, offers up the following

        10       bills:

        11                      Senate Print 1299, by Senator

        12       LaValle, an act to amend the Town Law, in

        13       relation to lands within the Hampton Bays;

        14                      1419, by Senator Cook, an act to

        15       amend the Real Property Tax Law;

        16                      1662, by Senator Rath, an act to

        17       amend the General Municipal Law, Chapter 708 of

        18       the laws of 1992;

        19                      1724, by Senator Larkin, an act

        20       to amend the County Law, in relation to

        21       authorizing county sewer districts;

        22                      1767, by Senator Leibell, an act

        23       to amend the Real Property Tax Law;

        24                      1944, by Senator Seward, an act

        25       to amend the Town Law, in relation to filling







                                                             
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         1       vacancies;

         2                      1955, by Senator Farley, an act

         3       to amend the Real Property Tax Law;

         4                      2013, by Senator Rath, an act to

         5       amend the County Law and the Town Law;

         6                      2015, by Senator Rath, an act to

         7       amend the General Municipal Law, in relation to

         8       allowing for the use of fire training centers.

         9                      Senator Levy, from the Committee

        10       on Transportation, offers up the following

        11       bills:

        12                      Senate Print 605, by Senator

        13       Levy, an act to amend the Vehicle and Traffic

        14       Law;

        15                      732, by Senator Holland, an act

        16       to amend the Highway Law, in relation to

        17       designating a portion of the state highway

        18       system;

        19                      929, by Senator Levy, an act to

        20       amend the Vehicle and Traffic Law, in relation

        21       to leaving the scene of an injury;

        22                      1305, by Senator LaValle, an act

        23       to amend the Vehicle and Traffic Law, in

        24       relation to speed limits;

        25                      1312, by Senator Velella, an act







                                                             
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         1       to amend the Transportation Law;

         2                      2336, by Senator Volker, an act

         3       to amend the Vehicle and Traffic Law, in

         4       relation to defining all-terrain-type vehicles;

         5                      2440, by Senator Maltese, an act

         6       to amend the Vehicle and Traffic Law.

         7                      Senator Cook, from the Committee

         8       on Education, offers up the following bills:

         9                      Senate Print 334, by Senator

        10       Skelos, an act to amend the Education Law, in

        11       relation to notification of parents;

        12                      909-A, by Senator Present, an act

        13       authorizing the Belmont Central School District;

        14                      1695, by Senator Hoffmann, an act

        15       in relation to legalizing and validating.

        16                      All bills directly for third

        17       reading.

        18                      THE PRESIDENT:  All bills direct

        19       to third reading.

        20                      Reports of select committees.

        21                      Communications and reports from

        22       state officers.

        23                      Motions and resolutions.

        24                      Senator Farley.

        25                      SENATOR FARLEY:  Thank you, Madam







                                                             
1043

         1       President.

         2                      On page 4, on behalf of Senator

         3       Velella, I offer the following amendments to

         4       Calendar Number 36, Senate Print 355, and I ask

         5       that that bill retain its place on the Third

         6       Reading Calendar.

         7                      THE PRESIDENT:  The amendments

         8       are received.

         9                      Senator Skelos.

        10                      SENATOR SKELOS:  Madam President,

        11       at this time may we please adopt the Resolution

        12       Calendar with the exception of Resolution 462.

        13                      THE PRESIDENT:  All those in

        14       favor of adopting the Resolution Calendar

        15       signify, please, by saying aye.

        16                      (Response of "Aye".)

        17                      Opposed, nay.

        18                      (There was no response.)

        19                      The Resolution Calendar is

        20       adopted.

        21                      Senator Trunzo.

        22                      SENATOR TRUNZO:  On Calendar

        23       Number 451, which is honoring Alan C. Lewis on

        24       the occasion of his retirement from the New York

        25       State United Teachers, I would like to open that







                                                             
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         1       to all members if they would like to join in

         2       that resolution, Resolution 451.

         3                      THE PRESIDENT:  Thank you,

         4       Senator Trunzo.

         5                      Senator Skelos.

         6                      SENATOR SKELOS:  I have no

         7       problem with it being opened up.  If a member

         8       does not wish to go on the resolution, if they

         9       would notify the desk before the close of the

        10       working day.

        11                      Madam President, at this time if

        12       we could take up Calendar Number 462 by Senator

        13       Breslin.  May it be read in its entirety and

        14       move for its adoption.

        15                      THE PRESIDENT:  The Secretary

        16       will read.

        17                      THE SECRETARY:  By Senator

        18       Breslin, Legislative Resolution commending

        19       Albany Police Officers Kenneth M. Koonz and

        20       Matthew J. Montesano and civilian Jose Torres,

        21       for their heroic action.

        22                      WHEREAS, it is the sense of this

        23       legislative body to pay tribute to those who

        24       nobly risk their own life in an effort to

        25       preserve the life of another.







                                                             
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         1                      The quality and sanctity of

         2       community life and the safety and welfare of its

         3       citizenry are cherished values worthy of

         4       safeguarding.  This legislative body is thereby

         5       moved to honor those who serve to protect them,

         6       lauding particularly those individuals who had

         7       risked their life and personal safety in

         8       providing that protection.

         9                      On the evening of January 30th,

        10       1997, in Albany, New York, Police Officers

        11       Kenneth M. Koonz and Matthew J. Montesano

        12       responded to a fire call in the south end of

        13       Albany.  Upon arriving, the officers discovered

        14       an apartment ablaze and the tenant standing

        15       outside screaming that her children were still

        16       inside.

        17                      Officer Koonz entered the burning

        18       apartment going to the second floor in search of

        19       the children only to be driven back by the heat

        20       and smoke.  A second attempt to enter was made

        21       with the same result.  Officer Koonz was then

        22       joined by Officer Montesano and Mr. Jose Torres

        23       and a third attempt was made to locate the

        24       children.

        25                      The rescuers went through the







                                                             
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         1       room where the fire was concentrated to a rear

         2       bedroom where two unconscious children, ages six

         3       years and ten months, were found huddled beneath

         4       a bed.  The officers and Mr. Torres worked

         5       together to remove the children from the

         6       apartment, bringing them to safety.

         7                      Kenneth M. Koonz and Matthew J.

         8       Montesano, who are so illustrative of the

         9       courage and commitment which are the hallmarks

        10       of Albany police officers, risked their own

        11       lives and performed heroically in an effort to

        12       save the lives of two small children.

        13                      Mr. Jose Torres, the civilian who

        14       so ably and courageously assisted the police

        15       officers, richly merits the admiration of this

        16       legislative body for his heroic action in an

        17       extremely dangerous situation.

        18                      WHEREAS, it is the sense of this

        19       legislative body to honor Kenneth M. Koonz,

        20       Matthew J. Montesano and Jose Torres for their

        21       noble action; now, therefore be it

        22                      RESOLVED, that this legislative

        23       body pause in its deliberations to commend and

        24       pay tribute to Police Officer Kenneth M. Koonz,

        25       Police Officer Matthew J. Montesano and Mr. Jose







                                                             
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         1       Torres, for their consummate courage and

         2       bravery; and be it further

         3                      RESOLVED, that copies of this

         4       resolution, suitably engrossed, be transmitted

         5       to Officer Kenneth M. Koonz, Officer Matthew J.

         6       Montesano and Mr. Jose Torres, in grateful

         7       tribute for their heroic action.

         8                      THE PRESIDENT:  The question is

         9       on the resolution.  All in favor signify by

        10       saying aye.

        11                      (Response of "Aye".)

        12                      Oh, Senator Breslin.  I'm so

        13       sorry.

        14                      SENATOR BRESLIN:  Thank you very

        15       much, Madam President.

        16                      I stand here, and it's a pleasure

        17       to do so, to honor Jose Torres, an employee of

        18       Price Chopper -- a young employee of Price

        19       Chopper who risked his life by forming a human

        20       shield with two young Albany Police officers,

        21       Matthew Montesano and Officer Kenneth Koonz

        22       who's here, along with Chief Tuffey from the

        23       Albany Police force.

        24                      This is a joint resolution shared

        25       by Assemblyman Jack McEneny in the Assembly who







                                                             
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         1       is also here, but these three men formed a chain

         2       link fence to drag two young children who were

         3       both unconscious out of a very serious fire and

         4       those two young children would not be with us

         5       here today if it was not for their bravery, and

         6       I wish to have not only the citizens of Albany

         7       County but all of us representing the state of

         8       New York give them a show of thanks.

         9                      (Applause)

        10                      THE PRESIDENT:  The question is

        11       on the resolution.  All in favor signify by

        12       saying aye.

        13                      (Response of "Aye".)

        14                      Opposed, nay.

        15                      (There was no response.)

        16                      The resolution is adopted.

        17                      Congratulations to Officers Koonz

        18       and Montesano and to Mr. Torres.

        19                      Senator Skelos.

        20                      SENATOR SKELOS:  Madam President,

        21       I offer up the following resolution and ask the

        22       title be read and move for its immediate

        23       adoption.

        24                      THE PRESIDENT:  The Secretary

        25       will read.







                                                             
1049

         1                      THE SECRETARY:  By Senator Bruno,

         2       Concurrent Resolution of the Senate and the

         3       Assembly, authorizing the Senate and the

         4       Assembly of New York State to purchase copies of

         5       the New York Red Book for 1997 and 1998.

         6                      THE PRESIDENT:  The Secretary

         7       will read -- oh, I'm sorry.  Call the roll on

         8       the resolution.

         9                      (The Secretary called the roll on

        10       the resolution.)

        11                      THE SECRETARY:  Ayes 48.

        12                      THE PRESIDENT:  The resolution is

        13       adopted.

        14                      Senator Skelos.

        15                      SENATOR SKELOS:  At this time if

        16       we could take up the non-controversial

        17       calendar.

        18                      THE PRESIDENT:  The Secretary

        19       will read.

        20                      THE SECRETARY:  Senator Velella

        21       moves to discharge from the Committee on

        22       Insurance Assembly Bill Number 356 and

        23       substitute it for the identical Senate bill,

        24       Calendar Number 17 -- Calendar Number 84.

        25                      THE PRESIDENT:  The substitution







                                                             
1050

         1       is ordered.

         2                      The Secretary will read.

         3                      THE SECRETARY:  Calendar Number

         4       122, by Senator Tully, Senate Print 153, an act

         5       to amend the Public Authorities Law, in relation

         6       to the use of video conferencing equipment.

         7                      SENATOR STACHOWSKI:  Lay it

         8       aside.

         9                      ACTING PRESIDENT KUHL:  Lay the

        10       bill aside.

        11                      THE SECRETARY:  Calendar Number

        12       130, by Senator Cook, Senate Print 616, an act

        13       to amend the County Law, in relation to review

        14       and approval of names for rights of way.

        15                      ACTING PRESIDENT KUHL:  The

        16       Secretary will read the last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect on the first day of

        19       January.

        20                      ACTING PRESIDENT KUHL:  Call the

        21       roll.

        22                      (The Secretary called the roll.)

        23                      THE SECRETARY:  Ayes 48.

        24                      ACTING PRESIDENT KUHL:  The bill

        25       is passed.







                                                             
1051

         1                      THE SECRETARY:  Calendar Number

         2       131, by Senator Lack, Senate Print 1099, an act

         3       to amend the Real Property Tax Law, in relation

         4       to assessments resulting from a small claims

         5       proceeding.

         6                      ACTING PRESIDENT KUHL:  The

         7       Secretary will read the last section.

         8                      THE SECRETARY:  Section 3.  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 48.

        14                      ACTING PRESIDENT KUHL:  The bill

        15       is passed.

        16                      THE SECRETARY:  Calendar Number

        17       133, by Senator Lack, Senate Print 1168, an act

        18       in relation to the real property tax assessed by

        19       the town of Smithtown.

        20                      ACTING PRESIDENT KUHL:  The

        21       Secretary will read the last section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect immediately.

        24                      ACTING PRESIDENT KUHL:  Call the

        25       roll.







                                                             
1052

         1                      (The Secretary called the roll.)

         2                      THE SECRETARY:  Ayes 48.

         3                      ACTING PRESIDENT KUHL:  The bill

         4       is passed.

         5                      THE SECRETARY:  Calendar Number

         6       148, by Senator Skelos, Senate Print 307, an act

         7       to amend the Family Court Act and the Criminal

         8       Procedure Law, in relation to the age of child

         9       witnesses.

        10                      ACTING PRESIDENT KUHL:  The

        11       Secretary will read the last section.

        12                      THE SECRETARY:  Section 3.  This

        13       act shall take effect on the first day of

        14       November.

        15                      ACTING PRESIDENT KUHL:  Call the

        16       roll.

        17                      (The Secretary called the roll.)

        18                      THE SECRETARY:  Ayes 48.

        19                      ACTING PRESIDENT KUHL:  The bill

        20       is passed.

        21                      THE SECRETARY:  Calendar Number

        22       153, by Senator Goodman, Senate Print 755, an

        23       act to amend the Transportation Law, in relation

        24       to disclosure by common carriers.

        25                      ACTING PRESIDENT KUHL:  The







                                                             
1053

         1       Secretary will read the last section.

         2                      THE SECRETARY:  Section 2.  This

         3       act shall take effect on the 120th day.

         4                      ACTING PRESIDENT KUHL:  Call the

         5       roll.

         6                      (The Secretary called the roll.)

         7                      THE SECRETARY:  Ayes 47, nays 1,

         8       Senator Kuhl recorded in the negative.

         9                      ACTING PRESIDENT KUHL:  The bill

        10       is passed.

        11                      THE SECRETARY:  Calendar Number

        12       154, by Senator Goodman, Senate Print 756, an

        13       act to amend the Transportation Law, in relation

        14       to mandating that the Commissioner of

        15       Transportation of the city of New York refer

        16       violations.

        17                      ACTING PRESIDENT KUHL:  The

        18       Secretary will read the last section.

        19                      THE SECRETARY:  Section 3.  This

        20       act shall take effect immediately.

        21                      ACTING PRESIDENT KUHL:  Call the

        22       roll.

        23                      (The Secretary called the roll.)

        24                      THE SECRETARY:  Ayes 48.

        25                      ACTING PRESIDENT KUHL:  The bill







                                                             
1054

         1       is passed.

         2                      THE SECRETARY:  Calendar Number

         3       155, by Senator Goodman, Senate Print 757, an

         4       act to amend the Transportation Law, in relation

         5       to increasing penalties for violating a motor

         6       carrier certificate.

         7                      ACTING PRESIDENT KUHL:  The

         8       Secretary will read the last section.

         9                      THE SECRETARY:  Section 3.  This

        10       act shall take effect on the first day of

        11       November.

        12                      ACTING PRESIDENT KUHL:  Call the

        13       roll.

        14                      (The Secretary called the roll.)

        15                      THE SECRETARY:  Ayes 48.

        16                      ACTING PRESIDENT KUHL:  The bill

        17       is passed.

        18                      THE SECRETARY:  Calendar Number

        19       156, by Senator Levy, Senate Print 914, an act

        20       to amend the Transportation Law, in relation to

        21       establishing a task force to develop and

        22       implement a statewide system.

        23                      ACTING PRESIDENT KUHL:  The

        24       Secretary will read the last section.

        25                      THE SECRETARY:  Section 2.  This







                                                             
1055

         1       act shall take effect on the 30th day.

         2                      ACTING PRESIDENT KUHL:  Call the

         3       roll.

         4                      (The Secretary called the roll.)

         5                      ACTING PRESIDENT KUHL:  Announce

         6       the results when tabulated.

         7                      THE SECRETARY:  Ayes 47, nays 1,

         8       Senator Cook recorded in the negative.

         9                      ACTING PRESIDENT KUHL:  The bill

        10       is passed.

        11                      Senator Skelos, that completes

        12       the reading of the non-controversial calendar.

        13                      SENATOR SKELOS:  Mr. President,

        14       if we could take up the controversial calendar.

        15                      ACTING PRESIDENT KUHL:  The

        16       Secretary will read the controversial calendar.

        17                      THE SECRETARY:  Calendar Number

        18       122, by Senator Tully, Senate Print 153, an act

        19       to amend the Public Authorities Law, in relation

        20       to the use of video conferencing equipment.

        21                      SENATOR STACHOWSKI:  Explanation.

        22                      ACTING PRESIDENT KUHL:  Senator

        23       Tully, an explanation of Calendar Number 122 has

        24       been requested by Senator Stachowski.

        25                      SENATOR TULLY:  Thank you, Mr.







                                                             
1056

         1       President.

         2                      I'll be belief.  This legislation

         3       would allow the Environmental Facilities

         4       Corporation to use video conferencing equipment

         5       for attendance by board members.

         6                      ACTING PRESIDENT KUHL:  Senator

         7       Stachowski.

         8                      SENATOR STACHOWSKI:  Mr.

         9       President, if Senator Tully would yield for a

        10       couple of questions.

        11                      ACTING PRESIDENT KUHL:  Senator

        12       Tully, do you yield to a question from Senator

        13       Stachowski?

        14                      SENATOR TULLY:  Yes, Mr.

        15       President.

        16                      ACTING PRESIDENT KUHL:  The

        17       Senator yields.

        18                      SENATOR STACHOWSKI:  Senator, can

        19       you tell us what the necessity is of having this

        20       because, if I'm not mistaken, these people

        21       understand that there is to be meetings when

        22       they accept their appointment to these positions

        23       and yet now they want to have teleconferencing

        24       because they don't want to come to the

        25       meetings.  So could you explain what the







                                                             
1057

         1       advantage is and why it's necessary to do this?

         2                      SENATOR TULLY:  Yes, Mr.

         3       President.  This legislation is presented at the

         4       request of the Environmental Facilities

         5       Corporation.  The corporation is made up of

         6       seven directors, of which three are ex officio

         7       and four are regular members.  The ex officio

         8       members include the Secretary of State, the

         9       Commissioner of Health and the Commissioner of

        10       Environmental Protection.

        11                      The members who are other than ex

        12       officio are professionals who are spread

        13       throughout the state from New York City to

        14       Syracuse, one of whom is an ambassador who was

        15       selected at the Governor's request because of

        16       his expertise in this area and he has on several

        17       occasions cancelled some European trips to

        18       attend the meetings.

        19                      It was felt that it would be

        20       beneficial because this -- EFC is unlike most

        21       authorities.  They do meet 12 times a year, once

        22       a month at least.  They have calendar meetings

        23       which last three to four hours.  They have

        24       policy committee meetings prior to the board and

        25       it entails a great deal of time, and it's with







                                                             
1058

         1       that in mind that they felt in this modern day

         2       and age that they could provide on suitable

         3       occasions for attendance through this type of

         4       communication.

         5                      SENATOR STACHOWSKI:  Thank you.

         6                      The only -- Mr. President, on the

         7       bill.  The only problem I have -

         8                      ACTING PRESIDENT KUHL:  Senator

         9       Stachowski, on the bill.

        10                      SENATOR STACHOWSKI:  -- is like I

        11       said -- and I understand that these are busy

        12       people and they have a great deal of expertise,

        13       and it would be nice if the teleconferencing

        14       makes it a lot easier for them, but there's

        15       other groups that meet regularly like UDC boards

        16       and they have to go and they come from all parts

        17       of the state, and I think if we started doing

        18       this in this instance, the next thing we know,

        19       we would be doing -- almost all of our boards

        20       that are made up of statewide people would all

        21       be meeting by teleconferencing, and I'm not so

        22       sure that's a great idea.

        23                      I still like the idea that when

        24       they accept this responsibility, they also know

        25       that they accept the responsibility of attending







                                                             
1059

         1       these meetings and although sometimes it becomes

         2       a bit of a hardship, I still think it's

         3       understood when they accept the appointment to

         4       the board and for that reason, I'm still going

         5       to oppose the bill.

         6                      ACTING PRESIDENT KUHL:  Is there

         7       any other Senator wishing to speak on Calendar

         8       Number 122?

         9                      (There was no response.)

        10                      Hearing none, the Secretary will

        11       read the last section.

        12                      THE SECRETARY:  Section 2.  This

        13       act shall take effect immediately.

        14                      ACTING PRESIDENT KUHL:  Call the

        15       roll.

        16                      (The Secretary called the roll.)

        17                      ACTING PRESIDENT KUHL:  Announce

        18       the results when tabulated.

        19                      THE SECRETARY:  Those recorded in

        20       the negative on Calendar Number 122, Senators

        21       Connor, Paterson and Stachowski.  Ayes 48, nays

        22       3.

        23                      ACTING PRESIDENT KUHL:  The bill

        24       is passed.

        25                      Senator Skelos, that completes







                                                             
1060

         1       the reading of the controversial calendar.

         2                      SENATOR SKELOS:  Mr. President.

         3                      ACTING PRESIDENT KUHL:  Senator

         4       Skelos.

         5                      SENATOR SKELOS:  Is there any

         6       housekeeping at the desk?

         7                      ACTING PRESIDENT KUHL:  There is

         8       none at the desk, Senator Skelos.

         9                      SENATOR SKELOS:  There will be an

        10       immediate conference of the Majority in the

        11       Majority Conference Room and there being no

        12       further business, I move we adjourn until

        13       Wednesday, February 26th, at 11:00 a.m.

        14                      ACTING PRESIDENT KUHL:  Senator

        15       Skelos, before that motion, Senator Nanula, why

        16       do you rise?

        17                      SENATOR NANULA:  Thank you, Mr.

        18       President.

        19                      I would like to request unanimous

        20       consent to be recorded in the negative on

        21       Calendar 150... I'm sorry, 122.

        22                      ACTING PRESIDENT KUHL:  Without

        23       objection, hearing no objection, Senator Nanula

        24       will be recorded in the negative on Calendar

        25       Number 122.







                                                             
1061

         1                      Senator Gold, why do you rise?

         2                      SENATOR GOLD:  With my respects

         3       to Senator Tully's handicap, would you put me in

         4       the negative on that.

         5                      ACTING PRESIDENT KUHL:  Without

         6       objection, hearing no objection, Senator Gold

         7       will be recorded in the negative on Calendar

         8       Number 122.

         9                      Senator Santiago, why do you

        10       rise?

        11                      SENATOR ONORATO:  I would like

        12       unanimous consent -

        13                      SENATOR SANTIAGO:  Thank you.

        14                      I would like to be recorded in

        15       the negative on Calendar Number 122, please.

        16                      ACTING PRESIDENT KUHL:  Without

        17       objection, hearing no objection, Senator

        18       Santiago will be recorded in the negative on

        19       Calendar Number 122.

        20                      Senator Onorato, why do you

        21       rise?

        22                      SENATOR ONORATO:  I also would

        23       like to be recorded in the negative on Calendar

        24       Number 122.

        25                      ACTING PRESIDENT KUHL:  Without







                                                             
1062

         1       objection, hearing no objection, Senator Onorato

         2       will be recorded in the negative on Calendar

         3       Number 122.

         4                      Senator Stavisky, why do you

         5       rise?

         6                      SENATOR STAVISKY:  I would like

         7       to be recorded in the negative on Calendar

         8       Number 122.

         9                      ACTING PRESIDENT KUHL:  Without

        10       objection, hearing no objection, Senator

        11       Stavisky will be recorded in the negative on

        12       Calendar Number 122.

        13                      Senator Smith, why do you rise?

        14                      SENATOR SMITH:  Mr. President, I

        15       would request unanimous consent to be recorded

        16       in the negative on Calendar Number 122.

        17                      ACTING PRESIDENT KUHL:  Without

        18       objection, hearing no objection, Senator Smith

        19       will be recorded in the negative on Calendar

        20       Number 122.

        21                      Senator Paterson, were you just

        22       rising for some exercise or -

        23                      SENATOR PATERSON:  No.  I was on

        24       my way out, Mr. President.

        25                      SENATOR SKELOS:  Mr. President,







                                                             
1063

         1       does anybody else wish to be recorded?

         2                      ACTING PRESIDENT KUHL:  Senator

         3       Seabrook in the negative on Calendar Number

         4       122.

         5                      Anybody else?

         6                      SENATOR SKELOS:  Mr. President,

         7       there is no teleconferencing with the Senate.

         8       So I would urge the members, if they could, be

         9       in to vote rather than when we're about to

        10       adjourn.  So there being no further business, I

        11       move we adjourn until Wednesday, February 26th,

        12       at 11:00 a.m. sharp.

        13                      ACTING PRESIDENT KUHL:  Immediate

        14       meeting of the Majority Conference in the

        15       Majority Conference Room, Room 332.  Immediate

        16       meeting of the Majority Conference in the

        17       Majority Conference Room, Room 332.

        18                      Without objection, the Senate

        19       stands adjourned until tomorrow, February 22nd*

        20       (should read 26th), Wednesday, at 11:00 a.m.

        21                      (Whereupon, at 3:28 p.m., the

        22       Senate adjourned.)

        23

        24

        25