Regular Session - April 12, 1994
2453
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10 ALBANY, NEW YORK
11 April 12, 1994
12 3:43 p.m.
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15 REGULAR SESSION
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19 SENATOR HUGH T. FARLEY, Acting President
20 STEPHEN F. SLOAN, Secretary
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2454
1 P R O C E E D I N G S
2 ACTING PRESIDENT FARLEY: The
3 Senate will come to order. The Senators will
4 please find their seats. Will you please rise
5 with me for the Pledge of Allegiance to the
6 Flag.
7 (The assemblage repeated the
8 Pledge of Allegiance to the Flag.)
9 In the absence of visiting
10 clergy, we'll bow our heads for a moment of
11 silent prayer.
12 (A moment of silence was
13 observed.)
14 The Secretary will begin by
15 reading the Journal.
16 THE SECRETARY: In Senate,
17 Monday, April 11th. The Senate met pursuant to
18 adjournment, Senator Farley in the Chair upon
19 designation of the Temporary President. The
20 Journal of Sunday, April 10th, was read and
21 approved. On motion, Senate adjourned.
22 ACTING PRESIDENT FARLEY: Hearing
23 no objection, the Journal will stand approved as
2455
1 read.
2 The order of business:
3 Presentation of petitions.
4 Messages from the Assembly.
5 Messages from the Governor.
6 Reports of standing committees.
7 We have a report, Senator
8 Present. Would the Secretary please read it?
9 THE SECRETARY: Senator Tully,
10 from the Committee on Health, reports the
11 following bill directly for third reading:
12 Senate Bill Number 6775-A, by Senators -
13 Senator Tully and others, an act to amend the
14 Public Health Law, in relation to virus
15 information.
16 ACTING PRESIDENT FARLEY:
17 Reported directly to third reading, without
18 objection.
19 Reports of select committees.
20 Communications and reports from
21 state officers.
22 Motions and resolutions.
23 We have no motions on the floor?
2456
1 No motions on the floor.
2 Senator Present -
3 SENATOR PRESENT: Mr. President.
4 ACTING PRESIDENT FARLEY: -
5 what's your pleasure?
6 SENATOR PRESENT: I move that we
7 adopt the Resolution Calendar, copies of which
8 are on our desks.
9 ACTING PRESIDENT FARLEY: All in
10 favor of adopting the Resolution Calendar please
11 say aye.
12 (Response of "Aye".)
13 Those opposed nay.
14 (There was no response.)
15 The Resolution Calendar is
16 adopted.
17 We're ready for the calendar if
18 you are, Senator Present.
19 SENATOR PRESENT: Mr. President,
20 let's take up the non-controversial calendar.
21 ACTING PRESIDENT FARLEY:
22 Non-controversial.
23 THE SECRETARY: On page 5,
2457
1 Calendar Number 248, by member of the Assembly
2 Connelly, Assembly Bill Number 3254-A, an act to
3 amend the Public Health Law, in relation to
4 extending the good Samaritan liability shield -
5 SENATOR DOLLINGER: Lay it aside.
6 ACTING PRESIDENT FARLEY: Lay it
7 aside.
8 THE SECRETARY: Calendar Number
9 354, by Senator Cook, Senate Bill Number 3558,
10 an act to amend the Public Health Law -
11 SENATOR DOLLINGER: Lay it aside.
12 ACTING PRESIDENT FARLEY: Lay it
13 aside.
14 THE SECRETARY: Calendar Number
15 385, by Senator Levy, Senate Bill Number 1305,
16 an act to amend the Criminal Procedure Law, in
17 relation to providing that commission of the
18 traffic infraction "driving while ability
19 impaired" -
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
2458
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 34.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 391, by Senator Volker -
9 SENATOR DOLLINGER: Lay it aside.
10 ACTING PRESIDENT FARLEY: Lay it
11 aside.
12 THE SECRETARY: Calendar Number
13 396, by Senator Cook, Senate Bill Number 2287,
14 Environmental Conservation Law -
15 SENATOR DOLLINGER: Lay it aside.
16 ACTING PRESIDENT FARLEY: Lay
17 that bill aside.
18 THE SECRETARY: Calendar Number
19 432, by Senator Levy, Senate Bill Number 79-A,
20 an act to amend the Vehicle and Traffic Law and
21 the Education Law.
22 SENATOR DOLLINGER: Lay it aside
23 for Senator Hoffmann.
2459
1 ACTING PRESIDENT FARLEY: Lay
2 that bill aside.
3 ACTING PRESIDENT FARLEY: Senator
4 Present, that's the first time through.
5 SENATOR PRESENT: Mr. President,
6 I think it would be advisable if we stand at
7 ease for a few moments.
8 ACTING PRESIDENT FARLEY: The
9 Senate will stand at ease.
10 (Whereupon, the Senate stood at
11 ease.)
12 ACTING PRESIDENT FARLEY: Senator
13 Present.
14 SENATOR PRESENT: Mr. President,
15 would you recognize Senator Waldon, please.
16 ACTING PRESIDENT FARLEY: Senator
17 who? Oh, Senator Waldon.
18 SENATOR WALDON: Thank you, Mr.
19 President. Thank you, Senator Present.
20 My colleagues, my brothers and
21 sisters, in spirit and in fact, Resolution 3106
22 was unique for me in terms of my time here in
23 the Legislature.
2460
1 It is a resolution which is
2 commending those who have cooperated in the
3 effort initiated by my office and my staff to
4 help in the transition from a non-Democratic
5 state to a Democratic state in South Africa, to
6 wit, we are collecting books for the children of
7 the school systems of South Africa and, in fact,
8 the 10th Senatorial District has adopted a
9 school, and with the cooperation of the embassy
10 in Washington, Mr. Deconing, we are in the
11 process of trying to put together a container
12 full of books.
13 The interesting part, when I had
14 a conversation -- I mean, my office had a
15 conversation with the embassy was that there are
16 no books in the Bantu School System. I can tell
17 you that certain encyclopedia companies have
18 given us as many as six sets of encyclopedias.
19 One book company gave us 1000 books. Senator
20 Hoffmann, in her kindness and understanding of
21 the situation, has given us two boxes of books.
22 The State University System out in Long Island
23 has four pallets of books waiting for us to pick
2461
1 up to send so that children of South Africa will
2 have an opportunity to learn to read, so that
3 they can understand what it means to have a true
4 democracy, to understand that not only will the
5 air they breathe be free, but the intellectual
6 air that they breathe will be free.
7 So, I wanted to bring it to your
8 attention that this resolution commends those
9 who have helped with this effort, and in the
10 same breath, I want to beseech each and every
11 one of you, you must have some books that you no
12 longer have a need for, and that you will do a
13 great humanitarian thing if you will see that
14 those books get to my office so that we can
15 together in this cooperative effort, get them
16 into the hands of the children of South Africa
17 who will understand better not only freedom but
18 that they have friends here in America and,
19 specifically, in New York State and in this
20 legislative body.
21 I thank you, Mr. President. I
22 thank you, Senator Present.
23 ACTING PRESIDENT FARLEY: Senator
2462
1 Present.
2 SENATOR PRESENT: Mr. President,
3 can we take up the controversial calendar,
4 please.
5 ACTING PRESIDENT FARLEY:
6 Controversial. The Secretary will read.
7 Could we return to motions for a
8 moment, Senator Present?
9 (Senator Present nods head.)
10 ACTING PRESIDENT FARLEY: Senator
11 Holland, do you have a motion for us?
12 SENATOR HOLLAND: Mr. President,
13 I wish to call up Senator Cook's bill, Print
14 Number 2632-A, recalled the Assembly which is
15 now at the desk.
16 ACTING PRESIDENT FARLEY: The
17 Secretary will read Senator Cook's bill.
18 THE SECRETARY: By Senator Cook,
19 Senate Bill Number 2632-A, an act to amend the
20 Environmental Conservation Law and the State
21 Finance Law.
22 SENATOR HOLLAND: Mr. President,
23 I now move to reconsider the vote by which this
2463
1 bill was passed.
2 ACTING PRESIDENT FARLEY: Call
3 the roll on reconsideration.
4 (The Secretary called the roll on
5 reconsideration.)
6 THE SECRETARY: Ayes 49.
7 ACTING PRESIDENT FARLEY: The
8 bill is before the house.
9 Senator Holland.
10 SENATOR HOLLAND: Mr. President,
11 I now offer the following amendments.
12 ACTING PRESIDENT FARLEY: The
13 amendments are received. The bill will retain
14 its place on the Third Reading Calendar.
15 THE SECRETARY: On page 5 of
16 today's calendar, Calendar Number 248, by member
17 of the Assembly Connelly, Assembly Bill Number
18 3254-A, an act to amend the Public Health Law.
19 ACTING PRESIDENT FARLEY: Read
20 the last section.
21 SENATOR GOLD: Explanation.
22 ACTING PRESIDENT FARLEY:
23 Explanation has been asked for. Senator Marchi.
2464
1 SENATOR MARCHI: Mr. President,
2 some years ago we passed a good Samaritan
3 provision which would hold harmless a good
4 Samaritan or someone volunteering to help an
5 individual in physical distress absent gross
6 negligence and distance from a hospital or a
7 clinic where such assistance might be rendered.
8 In 1992, the city of New York
9 enacted Local Law 12 of the Laws of 1992 which
10 required certain businesses, hotels, bars, a
11 number of operators who dealt with the public,
12 to have on hand, resuscitation equipment and
13 other equipment for performing cardiopulmonary
14 resuscitation and particularly mouth-to-mouth
15 breathing by persons who might be available to
16 render it on an emergency basis, only to find
17 out that they were not subject to the original
18 good Samaritan legislation, and then there was
19 also the further -- not having that protection,
20 there was a reluctance on the part of volunteers
21 to provide that assistance.
22 The -- this would hold the
23 proprietors of a business harmless absent gross
2465
1 negligence from -- from litigation. It may even
2 be defective -- a defective piece of equipment.
3 This would not exempt the manufacturer of the
4 equipment, but it would exempt those others that
5 were contemplated under the provision of the
6 Laws of 19... Local Law 12 of 1992.
7 So this would -- this has the -
8 it has a -- the approving memo of the -- of the
9 city of New York and has the support of the
10 American Theaters, Lincoln Center for the
11 Performing Arts, New York State Hospitality and
12 Tourism Association, the New York City Hotel
13 Association, and the opposition -- well, the
14 opposition was in 1993 from the New York State
15 Trial Lawyers Association. I don't know why
16 they would object but they seem to have an
17 objection to this.
18 In any event, having a good local
19 law in place, I believe that we ought to extend
20 the same rationale that we had adopted earlier
21 on the principle of good Samaritan and not deny
22 treatment where, if I'm to believe the memos
23 that have been furnished to me, that sometimes a
2466
1 delay of four minutes may mean the loss of life
2 to an individual that -- to an individual
3 required to be hooked up within a given period.
4 Four minutes may be the measuring stick whether
5 that person dies or survives.
6 I would hope that we will join
7 our brothers in the Assembly to support this
8 legislation.
9 SENATOR GOLD: Mr. President.
10 ACTING PRESIDENT FARLEY: Senator
11 Gold.
12 SENATOR GOLD: I'm sorry. I
13 yield to Senator Solomon.
14 ACTING PRESIDENT FARLEY: Senator
15 Solomon.
16 SENATOR SOLOMON: Mr. President,
17 would Senator Marchi yield, please?
18 SENATOR MARCHI: Yes, Senator.
19 SENATOR SOLOMON: Senator, are
20 you aware of any situations where any good
21 Samaritans have been named as defendants in
22 lawsuits as a result of -
23 SENATOR MARCHI: No, I'm not -
2467
1 SENATOR SOLOMON: -- problems?
2 Have -- Senator -- Mr. President, if the Senator
3 would continue to yield.
4 ACTING PRESIDENT FARLEY: Senator
5 Marchi will.
6 SENATOR SOLOMON: Senator, have
7 there been any restaurants or motels or hotels
8 that have been named in lawsuits as a result of
9 their supplying this equipment as of yet?
10 SENATOR MARCHI: There may be. I
11 can't give you the name of one. I think the
12 principle is certainly a defensible argument if
13 it's to fend off impending litigation and
14 creates an atmosphere where impedance is
15 provided for those who might be weighing the
16 consequences of intervening. I believe that -
17 I don't believe there's any good reason why we
18 shouldn't adopt this legislation.
19 SENATOR SOLOMON: Would Senator
20 Marchi yield for one question?
21 ACTING PRESIDENT FARLEY: Senator
22 Marchi, would you yield?
23 SENATOR MARCHI: Yes, Mr.
2468
1 President.
2 SENATOR SOLOMON: Senator, do you
3 know of any one instance where a, quote "good
4 Samaritan" has not intervened because of pending
5 liability up to this date in time?
6 SENATOR MARCHI: I can't answer
7 yes or no on that, but if the answer was an
8 absolute and total no and it was descriptive of
9 the existing scene, I still believe this
10 legislation would stand on its merits, and I see
11 no good reason for providing an avenue for
12 litigation or a deterrence where a more positive
13 response to an emergency situation is provided.
14 SENATOR SOLOMON: Thank you.
15 SENATOR GOLD: Senator Marchi,
16 would you yield to one question?
17 SENATOR MARCHI: Yes, Senator.
18 SENATOR GOLD: I'm sorry. I was
19 distracted for a moment, but I don't think
20 Senator Solomon asked this question. I just
21 want to clarify something. Is there any
22 definition or guidance any place, Senator, as to
23 what would be "gross negligence" as opposed to
2469
1 "regular negligence" in the following
2 situations:
3 Supposing that one of these
4 entities that had to buy the equipment obtained
5 the equipment and didn't check it periodically.
6 For example, some of this equipment, I think,
7 can go stale. Supposing they have the
8 equipment, and it does go stale and that is the
9 cause of the damage. Now, someone could make an
10 argument that not maintaining the equipment is
11 negligence whereas, obviously, the only way they
12 could be held responsible is if somebody could
13 argue that that was in some way gross
14 negligence. I mean, is there any guidance as to
15 -- as to where that line would be drawn,
16 Senator?
17 SENATOR MARCHI: Well, I believe
18 you raise an important consideration. If there
19 is a requirement for maintenance, the equipment
20 may, just by the passage of time, become
21 obsolete. There is a commensurate responsi
22 bility on the part of the city of New York,
23 those who -- who have the inspection -
2470
1 inspectional facilities to require this and the
2 means by which they can respond in a positive
3 way to a circumstance they may have overlooked.
4 They may have that power now, but certainly, I
5 think that a response there would be indicated.
6 In any event, I see us in a
7 weaker position not having -- not having this
8 remedy at hand, and I see absolutely no
9 advantage leaving the situation as we find it.
10 SENATOR GOLD: Mr. President.
11 ACTING PRESIDENT FARLEY: Senator
12 Gold.
13 SENATOR GOLD: If my distingu
14 ished colleague from Staten Island would yield
15 to just one more question.
16 The memos, Senator Marchi, are
17 all interesting because, obviously, the entities
18 that have to maintain this equipment are not
19 what one would call the enemies of the people.
20 I mean, the theaters, Lincoln Center and the
21 Hotel Association are entities which, obviously,
22 under the law, must have this equipment, and
23 they do that. On the other hand, the part of
2471
1 the Trial Lawyers' memo that does concern me -
2 and I understand the Trial Lawyers. They
3 obviously don't like to have these kind of
4 defenses and I appreciate that but, Senator, the
5 issue I raise is one where I think it is an area
6 that maybe we can or we can not handle in this
7 legislation. In other words, assuming that I
8 was sympathetic to the hotels and to the
9 theaters, it seems to me that if you have people
10 who merely buy the equipment, comply with the
11 law and leave it in a dust-filled closet and,
12 God forbid, at a time it's needed it hasn't been
13 maintained, I can see where somebody under
14 existing case law, which I don't pretend to be
15 familiar with, might very easily say that the
16 failure to maintain the equipment is negligence
17 and that, therefore, since it doesn't get to
18 gross negligence, they've complied with the
19 statute by having the equipment. But, in truth
20 and in fact, unless the equipment is maintained,
21 it really isn't living up to what we had hoped
22 when the statutes were created. Isn't that
23 something we can address in words?
2472
1 SENATOR MARCHI: Mr. President,
2 the Senator has never raised a frivolous
3 objection or argument on the merits, so I'm
4 going to put this over for 24 hours -
5 SENATOR GOLD: I would be very
6 grateful.
7 SENATOR MARCHI: -- and ask them
8 to see if there is a -- an answer that is
9 rational in those circumstances.
10 SENATOR GOLD: I'm very grateful,
11 Senator.
12 Senator, as usual, you are the
13 ultimate gentleman. I appreciate it.
14 ACTING PRESIDENT FARLEY: Lay the
15 bill aside.
16 SENATOR JONES: Excuse me. I
17 wondered if the sponsor -- if I could also ask a
18 question so that perhaps, if he has to research
19 it, he could get mine answered.
20 ACTING PRESIDENT FARLEY: Senator
21 Marchi, would you yield to a question -
22 SENATOR MARCHI: Yes.
23 ACTING PRESIDENT FARLEY: -- from
2473
1 Senator Jones in regard to your bill that we
2 just laid aside?
3 SENATOR JONES: You may already
4 know the answer but if you don't, maybe you
5 could get it for me.
6 I'm curious what kind of
7 equipment we're talking about. Aren't we just
8 talking like a mask and gloves for CPR, or are
9 we talking defibrillators and oxygen?
10 SENATOR MARCHI: This is
11 equipment that you get this thing going, and it
12 supplies -
13 SENATOR JONES: An electric -- a
14 defibrillator.
15 SENATOR MARCHI: So, it's not the
16 very simplest equipment.
17 SENATOR JONES: Now you've got me
18 concerned. Okay. We'll discuss it tomorrow.
19 ACTING PRESIDENT FARLEY: The
20 Secretary will continue the controversial
21 calendar.
22 THE SECRETARY: On page 8,
23 Calendar Number 354, by Senator Cook, Senate
2474
1 Bill Number 3558, an act to amend the Public
2 Health Law.
3 SENATOR GOLD: Explanation.
4 ACTING PRESIDENT FARLEY:
5 Explanation, Senator Cook.
6 SENATOR COOK: Lay it aside,
7 please.
8 ACTING PRESIDENT FARLEY: Lay it
9 aside. Did you say lay it aside?
10 SENATOR COOK: Lay it aside.
11 THE SECRETARY: Calendar Number
12 391, by Senator Volker, Senate Bill Number
13 4244-A, Civil Practice Law and Rules.
14 ACTING PRESIDENT FARLEY: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 50, nays 2.
22 Senators Farley and Leichter recorded in the
23 negative.
2475
1 ACTING PRESIDENT FARLEY: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 396, by Senator Cook, Senate Bill Number 2287,
5 Environmental Conservation Law.
6 SENATOR OPPENHEIMER:
7 Explanation.
8 ACTING PRESIDENT FARLEY:
9 Explanation has been asked for. Senator Cook.
10 SENATOR COOK: Mr. President,
11 this is the bill that I have referred to as the
12 "starve the bear" bill, which is probably why
13 the environmentalists are opposed to it, because
14 basically it's intended to keep people from
15 getting lost in the mountains and never being
16 able to find their way to the place where
17 they're supposed to go to bed.
18 It permits, under the guidance
19 of, in fact, the regulation of the Department of
20 Environmental Conservation, that within the
21 Catskill Park, businesses are enabled to put up
22 directional signs. These are not advertising
23 signs but directional signs at intersections.
2476
1 I would find it very difficult to
2 tell anyone the directions as to how to find a
3 specific hotel in my district, because when I
4 say "a left turn", you may think that a fork is
5 a left turn; you may think that a 90-degree
6 angle is a left turn, and you get -- you can get
7 hopelessly lost, as I confess I sometimes do
8 myself trying to find things on those country
9 roads.
10 All this bill says is, when you
11 come to that fork in the road or that
12 intersection, there will be a little -- a little
13 sign that will say "Joe's Motel This Way." It
14 will be a small sign, I assume, a sign anyway
15 that's of dimensions and of a type that's
16 approved by the Department of Environmental
17 Conservation to simply help people find
18 businesses in the park.
19 SENATOR OPPENHEIMER: If the
20 Senator would yield for a question.
21 SENATOR COOK: Sure.
22 ACTING PRESIDENT FARLEY: Senator
23 Cook, will you yield?
2477
1 SENATOR COOK: Yes.
2 SENATOR OPPENHEIMER: Is it not
3 true that there are now signs permitted in the
4 region?
5 SENATOR COOK: Senator -- Mr.
6 President, Senator, the -- there are signs on
7 the major highways, for example, on Route 28,
8 telling you where to exit or what road to get
9 off from, and that's the easy part. The
10 difficulty is when those roads start branching
11 and turning, it's very easy to quickly get
12 lost. I would -- just as -- I would suggest
13 that you ask Senator Galiber to yield, have him
14 stand up and describe to you how you would reach
15 his property from Route 28, and I think that
16 once he gives you that description, you'll
17 understand why you need some signs.
18 SENATOR OPPENHEIMER: Thank you,
19 Senator.
20 And, you know, I hope I'll have
21 the good fortune to go and see Senator Galiber's
22 property one day and -- you've gotten into this
23 discussion -- and then I will -- I will foray
2478
1 forth, and pray for the best and follow the
2 directions that are given to me verbally as best
3 as I can.
4 It's not that I'm trying to
5 deprive business -- on the bill, Mr. President.
6 It's not that I'm trying to deprive business of
7 the opportunity to conduct business, and I don't
8 like the thought of visiters getting lost trying
9 to find a hotel. However, we do have some
10 signage, and what this bill says is there would
11 be four additional signs for each business.
12 Well, if you multiply that times the number of
13 businesses in the Catskills, you can really end
14 up with a heck of a lot of signs. And the
15 environmentalists and also those people who want
16 to continue to appreciate, as much as possible,
17 the wilderness character of certain of our areas
18 which are diminishing all too quickly, we feel
19 that there has to be a balance struck between
20 the commercial interests of the area and the
21 visual integrity of the area. And it's no
22 question it is a very delicate balance, but we
23 have to do our best to prevent the degradation
2479
1 of a beautiful, open space that we are trying to
2 maintain the integrity of.
3 So, the Environmental Planning
4 Lobby, for one, is opposed to this bill, and we
5 have several Senators that have in the past
6 voted against this bill, and those Senators are
7 Connor, Dollinger, Gold, Jones, Leichter,
8 Montgomery, Ohrenstein, Onorato, Smith, Solomon,
9 Stachowski, Stavisky. And on the other side of
10 the aisle, we have Goodman, Hannon, Holland,
11 Lack, Padavan, Spano and Velella.
12 SENATOR COOK: Mr. President.
13 ACTING PRESIDENT FARLEY: Senator
14 Cook.
15 SENATOR COOK: Senator
16 Oppenheimer, I would just like to point out,
17 this is only a one-cigar bill. The little
18 cigars that they put on the signs, it only gets
19 one cigar so -
20 SENATOR OPPENHEIMER: Well, if my
21 colleague will permit me, this really is not a
22 cigar, though I think it might be appropriate in
23 this instance because it certainly is something
2480
1 that the EPL would oppose as they oppose cigars,
2 but this is a smoke stack. It is a single smoke
3 stack.
4 Thank you for permitting me the
5 correction, Mr. President.
6 ACTING PRESIDENT FARLEY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 396 are Senators
15 Connor, Dollinger, Gold, Jones, Kruger, Lack,
16 Leichter, Markowitz, Montgomery, Ohrenstein,
17 Onorato, Oppenheimer, Padavan, Smith, Solomon,
18 Stachkowski and Velella. Ayes 36, nays 17.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 432, by -
23 ACTING PRESIDENT FARLEY: Senator
2481
1 Kuhl.
2 SENATOR KUHL: Yes, Mr.
3 President. May I have unanimous consent to be
4 recorded in the negative on Calendar Number 391,
5 please?
6 ACTING PRESIDENT FARLEY: Senator
7 Kuhl will be in the negative on 391.
8 SENATOR KUHL: Thank you.
9 ACTING PRESIDENT FARLEY: Senator
10 Holland.
11 SENATOR HOLLAND: If we have
12 voted on 396, I would like unanimous consent to
13 be voted in the negative on 396.
14 ACTING PRESIDENT FARLEY: Without
15 objection.
16 THE SECRETARY: Calendar Number
17 432, by Senator Levy, Senate Bill Number 79-A,
18 an act to amend the Vehicle and Traffic Law and
19 the Education Law.
20 SENATOR GOLD: Explanation.
21 ACTING PRESIDENT FARLEY:
22 Explanation.
23 SENATOR PRESENT: Lay it aside.
2482
1 ACTING PRESIDENT FARLEY: Lay it
2 aside.
3 Senator Present, that concludes
4 the calendar.
5 SENATOR PRESENT: Mr. President,
6 may I ask that we stand at ease for a few
7 moments?
8 ACTING PRESIDENT FARLEY: We will
9 stand at ease.
10 (Whereupon, the Senate stood at
11 ease.)
12 ACTING PRESIDENT FARLEY: Senator
13 Present.
14 SENATOR PRESENT: Mr. President,
15 on behalf of Senator Levy, I would like to
16 announce an immediate conference of the
17 Republicans in Room 332.
18 ACTING PRESIDENT FARLEY: There
19 will be an immediate conference of the Majority
20 in Room 332, Republican.
21 SENATOR PRESENT: Mr. President,
22 there being no further business, I move we
23 adjourn until tomorrow at 11:00 a.m.
2483
1 ACTING PRESIDENT FARLEY: The
2 Senate stands adjourned untill tomorrow at 11:00
3 a.m.
4 (Whereupon, at 4:27 p.m., the
5 Senate adjourned.)
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