Regular Session - April 12, 1994

                                                                 
2453

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        10                       ALBANY, NEW YORK

        11                        April 12, 1994

        12                           3:43 p.m.

        13

        14

        15                       REGULAR SESSION

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        17

        18

        19       SENATOR HUGH T. FARLEY, Acting President

        20       STEPHEN F. SLOAN, Secretary

        21

        22

        23











                                                             
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











                                                             
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         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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