Regular Session - March 14, 1995
2292
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8 ALBANY, NEW YORK
9 March 14, 1995
10 3:00 p.m.
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13 REGULAR SESSION
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17 SENATOR JOHN R. KUHL, JR., Acting President
18 STEPHEN F. SLOAN, Secretary
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2293
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order. Ask the members to
4 find their places, staff their seats. Ask all
5 to rise in the gallery, too, to join me in the
6 Pledge of Allegiance to the Flag.
7 (The assemblage repeated the
8 Pledge of Allegiance to the Flag.)
9 We're very honored to be joined
10 by the Reverend Peter G. Young of the Blessed
11 Sacrament Church of Bolton Landing to lead us in
12 prayer.
13 Father Young.
14 FATHER YOUNG: Let us Pray.
15 Dear God, we gather in Your name
16 to assist the people of New York State. May our
17 efforts bring care and community to the needy,
18 to the elderly and to the sick. By Your
19 legislative initiatives, as we enjoy the spring
20 fever weather, may we guide our action by Your
21 love. May that love and action bring a spirit
22 of unity in cooperation within Your most holy
23 wishes. We ask You this now and forever. Amen.
2294
1 ACTING PRESIDENT KUHL: Thank
2 you, Father Young.
3 Reading of the Journal.
4 THE SECRETARY: In Senate,
5 Monday, March 13th. The Senate met pursuant to
6 adjournment, Senator Kuhl in the Chair upon
7 designation of the Temporary President. The
8 Journal of Sunday, March 12th, was read and
9 approved. On motion, the Senate adjourned.
10 ACTING PRESIDENT KUHL: Hearing
11 no objection, the Journal stands approved as
12 read.
13 Presentation of petitions.
14 Senator Bruno.
15 SENATOR BRUNO: Mr. President,
16 can we at this time recognize Senator Larkin?
17 ACTING PRESIDENT KUHL: The Chair
18 recognizes Senator Larkin.
19 SENATOR LARKIN: Mr. President,
20 there will be an immediate meeting of the Local
21 Government Committee in Room 332 for six bills.
22 ACTING PRESIDENT KUHL: There
23 will be an immediate meeting of the Local
2295
1 Government Committee in Room 332, Majority
2 Conference Room.
3 Messages from the Assembly.
4 Messages from the Governor.
5 Reports of standing committees.
6 Reports of select committees.
7 Communications and reports from
8 state officers.
9 Motions and resolutions.
10 Senator Bruno, are you ready for
11 the Resolution Calendar which is on the members'
12 desks?
13 SENATOR BRUNO: Yes, Mr.
14 President. I would like, at this time, to move
15 the adoption of the Resolution Calendar with the
16 exception of Resolution 574 and, I believe,
17 Senator Farley may also have a resolution that
18 we would like to accept.
19 ACTING PRESIDENT KUHL: The
20 motion is to adopt the Resolution Calendar with
21 the exception of Resolution Number 574. All
22 those in favor signify by saying aye.
23 (Response of "Aye".)
2296
1 Opposed, nay.
2 (There was no response.)
3 Resolution Calendar is adopted.
4 Senator Skelos.
5 SENATOR SKELOS: Yes, Mr.
6 President. On Resolution 592 sponsored by
7 myself and Senator Onorato, Greek Independence
8 Day, I certainly would open that up for anybody
9 who wishes to co-sponsor it, including all my
10 good Irish friend, Senator Farley.
11 ACTING PRESIDENT KUHL: Senator
12 Skelos, would you like to do everybody?
13 SENATOR SKELOS: If they want.
14 ACTING PRESIDENT KUHL: All
15 right. Senator Skelos, with no objection, we'll
16 put all members on the resolution. Anybody who
17 does not want to be on the resolution, please
18 signify to the Secretary as soon as possible.
19 Senator Holland.
20 SENATOR HOLLAND: Put me on.
21 ACTING PRESIDENT KUHL: Senator
22 Bruno.
23 SENATOR BRUNO: Mr. President, at
2297
1 this time, I would like to call up Resolution
2 Number 574. I'd ask that it be read in its
3 entirety and move its adoption.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read Resolution Number 574 in its
6 entirety.
7 THE SECRETARY: Legislative
8 Resolution Number 574, by Senator Libous,
9 Legislative Resolution honoring Kathleen A.
10 Ernst, R.N., upon the occasion of her
11 designation as 1994 New York State's Small
12 Business Person of the Year Award.
13 WHEREAS, individuals who give of
14 their time and energies and serve the best
15 interests of their communities are an asset
16 beyond remuneration and cannot be sufficiently
17 extolled; and
18 WHEREAS, Kathleen A. Ernst, R.N.,
19 has given not only of her time and energies, but
20 also of her competence, intelligence and
21 leadership and consequently has been designated
22 for special honor; and
23 WHEREAS, this legislative body is
2298
1 justly proud to honor Kathleen A. Ernst, R.N.,
2 upon the occasion of her designation as
3 recipient of the 1994 New York State Small
4 Business Person of the Year Award by the New
5 York State Small Business Advisory Board; and
6 WHEREAS, this prestigious award
7 is given in recognition of unusual performance
8 by persons, firms, organizations which operate
9 or assist small businesses in New York State;
10 and
11 WHEREAS, Kathleen A. Ernst is the
12 president and owner of EM Associates,
13 Incorporated. The business incorporated in 1987
14 is a full service cost containment company which
15 focuses on employer needs in New York State; and
16 WHEREAS, in 1973, Kathleen A.
17 Ernst began her work in cost management as a
18 nurse case manager in the areas of Workers'
19 Compensation, auto no-fault and disability. She
20 realized that some day the same cost management
21 philosophy could be applied to the area of group
22 health; and
23 WHEREAS, after implementing a
2299
1 pre-admission certification program for a Blue
2 Cross plan, Kathleen A. Ernst convinced Blue
3 Cross to implement a managed care program for
4 the more than one half million subscribers which
5 today remains the model for Blue Cross managed
6 care programs; and
7 WHEREAS, under Kathleen A.
8 Ernst's leadership, EM Associates, Incorporated,
9 has steadily grown over the past six years,
10 employing 16 full-time employees, five part-time
11 employees and 15 physician advisors; and
12 WHEREAS, Kathleen A. Ernst had a
13 vision to provide cost management services to
14 group health corporations; as health care has
15 undergone reform, more and more self-insured
16 businesses are realizing the importance of cost
17 management. She has positioned her company to
18 fill the need of health care cost management;
19 and
20 WHEREAS, Kathleen A. Ernst has
21 been called upon to contribute her time and
22 talents to countless civic and charitable
23 endeavors, she has always given of herself
2300
1 unstintingly; and
2 WHEREAS, throughout the entire
3 period of her community service, a period of
4 constructive involvement, Kathleen A. Ernst has
5 stood constant in dignity, good grace and humor;
6 and
7 WHEREAS, rare indeed is the
8 impressive dedication shown by an individual for
9 the benefit of others which Kathleen A. Ernst
10 has displayed throughout her life; now,
11 therefore, be it
12 RESOLVED, that this legislative
13 body pause in its deliberations to honor
14 Kathleen A. Ernst, R.N., upon the occasion of
15 her designation as recipient of the 1994 New
16 York State's Small Business Person of the Year
17 Award; and be it further
18 RESOLVED, that a copy of this
19 resolution, suitably engrossed, be transmitted
20 to Kathleen A. Ernst, R.N.
21 ACTING PRESIDENT KUHL: The Chair
22 recognizes Senator Libous on the resolution.
23 SENATOR LIBOUS: Thank you, Mr.
2301
1 President and my colleagues.
2 It is indeed an honor and a
3 pleasure for me to stand before you today and
4 talk about this extraordinary individual.
5 Kathleen Ernst has set really an
6 example in becoming the Small Business Person of
7 the Year in New York State, and if you think
8 about that, with all the small businesses that
9 we have in this state, with all the people who
10 struggle each day and have tried to do their
11 share in creating jobs and helping this economy,
12 to be recognized and to be called the Small
13 Business Person of the Year, is indeed an
14 honor.
15 It is -- it's special for me to
16 -- to have her here today because many of her
17 colleagues are joining us up in the gallery from
18 Broome County and from the Chamber of Commerce,
19 and it's a very, very special time when, you
20 know, we're trying to do the right thing in this
21 chamber in promoting business.
22 Promoting business has been the
23 philosophy in this chamber and particularly now
2302
1 under the leadership of Senator Bruno, we have
2 done everything that we can just in a short time
3 this year in creating opportunities for jobs.
4 Kathleen demonstrates that. She
5 has demonstrated that in her success, in our
6 county, her success in New York State and, as I
7 said earlier, not only is this a special honor
8 for me as her representative to stand before you
9 today but also before her colleagues, her peers,
10 in honoring her.
11 And before I -- Mr. President,
12 before I stop, I do want to add something else.
13 We also have here today Clair Price, his wife
14 Arlene and son Art, and Clair was recognized
15 today again, another small business person from
16 Broome County, but recognized at the luncheon
17 today as the New York State Business Advocate of
18 the Year. So it's kind of a special honor for
19 me to have both individuals here.
20 Mr. President, I would conclude
21 by saying that they set an example for all small
22 business people in New York State.
23 ACTING PRESIDENT KUHL: The Chair
2303
1 recognizes Senator Bruno on the resolution.
2 SENATOR BRUNO: Mr. President, I
3 would just like to add a word to the comments of
4 Senator Libous. It really is a pleasure and an
5 honor to have someone as outstanding and
6 distinguished as Kathleen here in the chamber
7 with us because, truly as has been stated, the
8 kinds of things that people like you, Kathleen,
9 can do are a model for all of us here in this
10 state and in this country, and all of us have to
11 recognize that all the good things that happen
12 here in this state and in this country come from
13 people like Kathleen who have the courage to do
14 the kinds of things that they believe are of
15 service to the public, and consequently, gain
16 success.
17 So I just want to add my
18 admiration and respect, the good things that
19 you're doing, not just for yourself, your
20 friends, your family, but for all of the people
21 of this state. Keep up the good work.
22 ACTING PRESIDENT KUHL: The
23 question is on the resolution. All those in
2304
1 favor signify by saying aye.
2 (Response of "Aye".)
3 Opposed, nay.
4 (There was no response.)
5 The resolution is adopted.
6 Kathleen Ernst, on behalf of
7 Senator Bruno, Senator Libous, myself and our
8 colleagues here, keep up what you're doing; you
9 do it so well, and thank you for sharing just a
10 small moment of your life with us.
11 (Applause.)
12 Senator Bruno, that brings us to
13 the calendar.
14 SENATOR BRUNO: Mr. President,
15 can we recognize Senator Farley? I think he has
16 something of great consequence to heed, and some
17 of his colleagues.
18 ACTING PRESIDENT KUHL: The Chair
19 recognizes Senator Farley.
20 SENATOR FARLEY: Thank you, Mr.
21 President.
22 You have a resolution there, 589,
23 that honors St. Patrick. Now, unlike Senator
2305
1 Libous, I do not have St. Patrick here in the
2 chamber. He might be in the gallery, but I
3 notice that there's a number of Senators that
4 are on that resolution. I would like to have it
5 read and offer the resolution to any member that
6 would like to get on the Patron Saint of all
7 Irishmen and friends of Irish people, and I
8 would ask the Journal Clerk to please read the
9 resolution.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read the resolution.
12 THE SECRETARY: Legislative
13 Resolution Number 589, by Senator Farley,
14 Legislative Resolution honoring St. Patrick and
15 all Americans of Irish descent upon the occasion
16 of the 1995 celebration of St. Patrick's Day.
17 WHEREAS, St. Patrick, Patron
18 Saint of Ireland, is cherished for leaving us a
19 great day for the Irish, St. Patrick's Day; and
20 WHEREAS, captured at age 16 by
21 Irish marauders, Patrick, as legend has it, was
22 sold to the Druid Chief and taken to what is now
23 known as County Antrim, Ireland; and
2306
1 WHEREAS, while in Ireland,
2 Patrick began a new relationship with God, a
3 relationship which would lead him to a life
4 dedicated to religion and which would have a
5 profound effect upon the people of Erin; and
6 WHEREAS, this relationship did
7 not begin with a thunder clap from the sky; it
8 simply began with a prayer; and
9 WHEREAS, in response to the
10 despair and loneliness of his slave existence,
11 Patrick, who by his accounts, had turned away
12 from God, began to pray, falling back upon his
13 childhood prayers; and
14 WHEREAS, through prayer, Patrick
15 began his journey back to God; and
16 WHEREAS, driven by visions to
17 return to his native land, Patrick escaped his
18 captors undertaking a perilous journey in the
19 process; and
20 WHEREAS, upon his return to
21 Scotland, Patrick dedicated his life to
22 religion, becoming a disciple of San Germain on
23 the southern cost of France, where he was
2307
1 ordained a priest and later consecrated a
2 bishop; and
3 WHEREAS, it was Pope Celestine I
4 who named him Patricus and who sent him back to
5 Ireland; and
6 WHEREAS, to the youth of Ireland,
7 Patrick became a Pied Piper, introducing them to
8 the message of God and leading them in great
9 numbers into seminaries and convents; and
10 WHEREAS, the tradition of
11 exhibiting a sprig of green on St. Patrick's day
12 is done in remembrance of his journey around
13 Ireland utilizing the shamrock as a symbol...
14 symbolic depiction of the mystery of the blessed
15 Trinity; and
16 WHEREAS, as we honor St. Patrick,
17 we must pause to acknowledge the contributions
18 of those who followed in his footsteps,
19 dedicating their lives to God and his teachings;
20 and
21 WHEREAS, one such individual is
22 His Eminence John Cardinal O'Connor, Archbishop
23 of New York; and
2308
1 WHEREAS, a native of
2 Philadelphia, where he was ordained to the Roman
3 Catholic priesthood, His Eminence has studied at
4 a number of colleges and universities and holds
5 advanced degrees in ethics, clinical psychology
6 and political theory; and
7 WHEREAS, after teaching and
8 parish work in Philadelphia, Cardinal O'Connor
9 entered service as a chaplain with the United
10 States Navy and Marine Corps, serving for 27
11 years; and
12 WHEREAS, upon leaving military
13 service, he was ordained a bishop for the Armed
14 Services of United States by Pope John Paul II
15 in 1979; and
16 WHEREAS, in 1982 he became bishop
17 of Scranton, Pennsylvania and in 1984,
18 archbishop of New York. He was named to the
19 College of Cardinals by Pope John Paul II on
20 April 24, 1985 and created Cardinal and Titular
21 Bishop of the church of Saints John and Paul on
22 May 25, 1985; and
23 WHEREAS, as the first archbishop
2309
1 to act as Grand Marshall of the New York City
2 St. Patrick's Day Parade, Cardinal O'Connor
3 embodies the true spirit inherent in the
4 celebration of St. Patrick's Day; and
5 WHEREAS, as we commemorate the
6 1995 celebration of St. Patrick's Day, we are
7 mindful of Ireland's history as well as to the
8 troubles which have plagued Northern Ireland;
9 and
10 WHEREAS, recent events have given
11 this assembled body hope that this St. Patrick's
12 Day will mark the advent of true freedom and
13 peace and for all of the people of Ireland; now,
14 therefore, be it
15 RESOLVED, that this legislative
16 body pause in its deliberations to most joyously
17 commemorate St. Patrick's Day, 1995; and be it
18 further
19 RESOLVED, that a copy of this
20 resolution, suitably engrossed, be transmitted
21 to the chairman, John Dunleavy and the Grand
22 Marshall, His Eminence John Cardinal O'Connor,
23 of the New York City St. Patrick's Day parade.
2310
1 ACTING PRESIDENT KUHL: The
2 question is on the resolution. All those in
3 favor signify by saying aye.
4 (Response of "Aye".)
5 Opposed, nay.
6 (There was no response.)
7 The resolution is unanimously
8 adopted.
9 SENATOR FARLEY: As with the
10 Greek Independence Day Resolution, this
11 resolution is open to everybody, Senator Skelos,
12 Senator Paterson, whatever your wishes are, as
13 far as -
14 ACTING PRESIDENT KUHL: Senator
15 Skelos, shall we put all the members on the
16 resolution, excepting those who signify to the
17 Secretary that they don't wish to be on the
18 resolution?
19 SENATOR SKELOS: No objection.
20 ACTING PRESIDENT KUHL: Without
21 objection, the Secretary will note.
22 Senator Maltese.
23 SENATOR MALTESE: Mr. President,
2311
1 with reference to Senate Resolution 585 honoring
2 St. John's University on the occasion of its
3 125th Anniversary, I would like to have that
4 open for any members that would like to join the
5 resolution.
6 ACTING PRESIDENT KUHL: Would you
7 like us to take the same approach and put
8 everybody on that?
9 (Senator Maltese nods head.)
10 We'll put everybody on.
11 Senator Gold, it's nice to see
12 you joining the Majority.
13 SENATOR GOLD: Mr. President.
14 Mr. President.
15 ACTING PRESIDENT KUHL: All
16 members will be placed on the resolution except
17 those who signify to the Secretary that, in
18 fact, they don't wish to be on the resolution.
19 SENATOR GOLD: Mr. President.
20 ACTING PRESIDENT KUHL: Senator
21 Gold.
22 SENATOR GOLD: Yes. In terms of
23 the offer made by Senator Maltese, as confusing
2312
1 as everything seems to look from this side of
2 the aisle, that's a good idea. I like that
3 one.
4 ACTING PRESIDENT KUHL: Senator
5 Skelos.
6 SENATOR SKELOS: Non
7 controversial calendar, please.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the non-controversial
10 calendar.
11 THE SECRETARY: On page 9,
12 Calendar Number 114, by Senator Saland, Senate
13 Print 692, an act to amend the Penal Law, in
14 relation to the minimum period of imprisonment
15 for certain persistent violent felony offenders.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 1st day of
20 November.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
2313
1 THE SECRETARY: Ayes 49.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 142, by Senator Saland, Senate Print 2115, an
6 act to amend the Family Court Act, in relation
7 to the placement of children upon disposition of
8 child protective proceedings.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 100th day.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 49.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 144, by Senator Farley, Senate Print 267, an act
21 to amend the Arts and Cultural Affairs Law, in
22 relation to use of permanent durable paper and
23 other durable media.
2314
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the 1st day of July.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 49.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 149, by Senator Farley, Senate Print 90, an act
13 to amend the Banking Law, in relation to the
14 licensing of money transmitters.
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 120th day.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 49.
23 ACTING PRESIDENT KUHL: The bill
2315
1 is passed.
2 THE SECRETARY: Calendar Number
3 150, by Senator Farley, Senate Print 1379, an
4 act to amend the Banking Law and the Criminal
5 Procedure Law, in relation to the regulation of
6 licensed transmitters of money.
7 ACTING PRESIDENT KUHL: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 49.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 152, by Senator Maltese, Senate Print 494, an
19 act to amend the Election Law and the Education
20 Law, in relation to sample ballots used for
21 educational purposes.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
2316
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 49.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 158, by Senator Rath, Senate Print 899-A, an act
11 to amend the State Administrative Procedure Act,
12 in relation to guidance and compliance
13 documents.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 49.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
2317
1 THE SECRETARY: Calendar Number
2 162, by Senator LaValle, Senate Print 1720, an
3 act to amend the Public Authorities Law, in
4 relation to the financing and construction of
5 certain facilities.
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 50.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 Senator Skelos.
17 SENATOR SKELOS: Mr. President,
18 at this time, is there any housekeeping that's
19 necessary, members?
20 David, I won't ask if you have
21 anything to say, but -- but we appreciate the
22 cooperation today, the fact that we've completed
23 the non-controversial calendar and there's not
2318
1 even a controversial calendar to go on to.
2 (Laughter)
3 Do you anticipate any corrections
4 to the Journal tomorrow?
5 SENATOR PATERSON: Mr. President.
6 ACTING PRESIDENT KUHL: Senator
7 Paterson.
8 SENATOR PATERSON: In honor of
9 St. Patrick's Day and Greek Independence Day, I
10 have tried to keep a unified chamber here.
11 I would also like the record to
12 reflect that St. Patrick's Day, which is
13 actually March the 17th, was actually the
14 collaborative agreement between two rival groups
15 in Irish government; one believed St. Patrick's
16 Day was on March 8th, the other on March the
17 9th, so they added the two days together and got
18 March 17th, and I found yesterday that, because
19 of the graciousness of you, Mr. President, who
20 recognized something I was trying to point out
21 in the Journal and the fact that Senator Jones
22 offered an amendment that was actually
23 negotiated with Senator Holland, this
2319
1 cooperation, I hope, will set the scale for the
2 rest of the year, and that's why there will be
3 no more controversial calendar. I doubt that I
4 will object to anything from now until probably
5 about July.
6 Thank you, Mr. President.
7 SENATOR SKELOS: We appreciate
8 that -
9 ACTING PRESIDENT KUHL: Senator
10 Skelos.
11 SENATOR SKELOS: -- Senator
12 Paterson, and obviously in the spirit of St.
13 Patrick, there are no snakes in this chamber.
14 Are there any reports of -
15 ACTING PRESIDENT KUHL: There is
16 no housekeeping at the desk, Senator Skelos.
17 SENATOR SKELOS: Mr. President,
18 there being no further business, I move we
19 adjourn until Wednesday, March 15th, 1995, at
20 11:00 a.m. sharp.
21 SENATOR PATERSON: Slow roll
22 call.
23 (Laughter)
2320
1 ACTING PRESIDENT KUHL: Without
2 objection, the Senate stands adjourned until
3 Wednesday at 11:00 a.m.
4 (Whereupon, at 3:25 p.m., the
5 Senate adjourned.)
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