Tuesday, April 12, 1994

2453 1 2 3 4 5 6 7 8 9 10 ALBANY, NEW YORK 11 April 12, 1994 12 3:43 p.m. 13 14 15 REGULAR SESSION 16 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 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.) 6 7 8 9 10 11 12 13 14 15 16