Tuesday, February 25, 1997

1034 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 February 25, 1997 10 3:05 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 24 25 1035 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 1041 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 1042 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 1044 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. 1045 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 1046 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 1047 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 1048 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