Wednesday, June 9, 1993

4637 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 9, 1993 11 12:40 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR FRANK PADAVAN, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 4638 1 P R O C E E D I N G S 2 ACTING PRESIDENT PADAVAN: Senate 3 will come to order. 4 Please join me and rise for the 5 Pledge of Allegiance. 6 (Whereupon, the Senate joined in 7 the Pledge of Allegiance to the Flag. ) 8 In the absence of clergy, we will 9 bow our heads for a brief moment of prayer. 10 (Whereupon, there was a moment of 11 silence. ) 12 Reading of the Journal. 13 THE SECRETARY: In Senate, 14 Tuesday, June 8. The Senate met pursuant to 15 adjournment. Senator Farley in the chair upon 16 designation of the Temporary President. The 17 Journal of Monday, June 7, was read and 18 approved. On motion, Senate adjourned. 19 ACTING PRESIDENT PADAVAN: 20 Hearing no objection, the Journal stands 21 approved as read. 22 Presentation of petitions. 23 Messages from the Assembly. 4639 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Johnson. 8 SENATOR JOHNSON: Mr. President, 9 on page 19, I offer the following amendments to 10 Calendar Number 799, Senate Print Number 4139, 11 ask the said bill retain its place on the Third 12 Reading Calendar. 13 ACTING PRESIDENT PADAVAN: So 14 ordered. 15 Senator Present. 16 SENATOR PRESENT: Mr. President, 17 I wish to call up my bill, Print 2956, recalled 18 from the Assembly which is now at the desk. 19 THE SECRETARY: By Senator 20 Present, Senate Bill Number 2956, an act to 21 amend the Tax Law. 22 SENATOR PRESENT: Mr. President, 23 I now move to reconsider the vote by which this 4640 1 bill was passed. 2 ACTING PRESIDENT PADAVAN: The 3 Secretary will call the roll on reconsideration. 4 (The Secretary called the roll on 5 reconsideration. ) 6 THE SECRETARY: Ayes 45. 7 ACTING PRESIDENT PADAVAN: The 8 bill is before the house. 9 SENATOR PRESENT: Mr. President, 10 I now offer the following amendments. 11 ACTING PRESIDENT PADAVAN: 12 Amendments are received. 13 SENATOR PRESENT: Thank you. 14 ACTING PRESIDENT PADAVAN: Bill 15 retains its place on the calendar. 16 Senator Levy. 17 SENATOR LEVY: Yes, Mr. 18 President. I move to amend Senate Bill Number 19 4887A by striking out the amendments made on 20 June 1st and restoring it to its original print 21 number S. 4887. 22 ACTING PRESIDENT PADAVAN: The 23 amendments are stricken. The bill now is 4641 1 restored to its original print. Is that 2 correct, Senator Levy? 3 (There was no response. ) 4 Are there any other actions? 5 (There was no response. ) 6 Substitutions. 7 THE SECRETARY: On page 28 of 8 today's calendar, Senator Wright moves to 9 discharge the Committee on Rules from Assembly 10 Bill Number 6841 and substitute it for the 11 identical Third Reading 1023. 12 On page 28, Senator Spano moves 13 to discharge the Committee on Rules from 14 Assembly Bill Number 6101A and substitute it for 15 the identical Third Reading 1029. 16 On page 29, Senator Trunzo moves 17 to discharge the Committee on Rules from 18 Assembly Bill Number 7704A and substitute it for 19 the identical Third Reading 1035. 20 Also on page 29, Senator Holland 21 moves to discharge the Committee on Mental 22 Health and Developmental Disabilities from 23 Assembly Bill Number 353 and substitute it for 4642 1 the identical Third Reading 1039. 2 ACTING PRESIDENT PADAVAN: 3 Substitutions ordered. 4 We'll proceed with the calendar, 5 Senator Present. Shall we proceed with the 6 non-controversial calendar? 7 SENATOR PRESENT: Mr. President, 8 let's proceed with the non-controversial 9 calendar, please. 10 THE SECRETARY: Calendar Number 11 229, on page 6, by Senator Stafford. 12 SENATOR GOLD: Lay it aside. 13 ACTING PRESIDENT PADAVAN: Lay it 14 aside. 15 THE SECRETARY: Calendar Number 16 338, by Senator Sears. 17 SENATOR PRESENT: Lay it aside 18 for the day. 19 ACTING PRESIDENT PADAVAN: Lay it 20 aside for the day. 21 THE SECRETARY: Calendar Number 22 567, by Senator Seward, Senate Bill Number - 23 SENATOR GOLD: Lay it aside. 4643 1 ACTING PRESIDENT PADAVAN: Lay it 2 aside. 3 THE SECRETARY: Calendar Number 4 630, by Senator Cook, Senate Bill Number 2917A, 5 an act to amend the General City Law. 6 ACTING PRESIDENT PADAVAN: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT PADAVAN: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 35. 14 ACTING PRESIDENT PADAVAN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 631, by Senator Cook, Senate Bill Number 3201A, 18 an act to amend the General City Law, the Town 19 Law and the Village Law. 20 ACTING PRESIDENT PADAVAN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 4644 1 ACTING PRESIDENT PADAVAN: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 36. 5 ACTING PRESIDENT PADAVAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 653, by Senator Tully, Senate Bill Number 2689A, 9 an act to amend the Public Health Law. 10 ACTING PRESIDENT PADAVAN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT PADAVAN: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 36. 18 ACTING PRESIDENT PADAVAN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 685, by Senator Lack, Senate Bill Number 4044. 22 SENATOR GOLD: Lay it aside. 23 ACTING PRESIDENT PADAVAN: Lay 4645 1 the bill aside. 2 THE SECRETARY: Calendar Number 3 715, by Senator Velella, Senate Bill Number 4 4998A, an act to amend the Insurance Law. 5 ACTING PRESIDENT PADAVAN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT PADAVAN: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 37. 13 ACTING PRESIDENT PADAVAN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 720, by member of the Assembly Vann, Assembly 17 Bill Number 7098A, Not-for-Profit Corporation 18 Law. 19 ACTING PRESIDENT PADAVAN: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT PADAVAN: Call 4646 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 37. 4 ACTING PRESIDENT PADAVAN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 729, by Senator Saland, Senate Bill Number 8 3105B, General Business Law. 9 ACTING PRESIDENT PADAVAN: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT PADAVAN: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 37. 17 ACTING PRESIDENT PADAVAN: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 770, by Senator Lack, Senate Bill Number 1639. 21 SENATOR LEICHTER: Lay it aside. 22 ACTING PRESIDENT PADAVAN: Lay 23 the bill aside. 4647 1 THE SECRETARY: Calendar Number 2 771, by Senator Lack, Senate Bill Number 1641B, 3 Workers' Compensation Law, the Insurance Law and 4 the State Finance Law. 5 ACTING PRESIDENT PADAVAN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT PADAVAN: Call 10 the roll. 11 (The Secretary called the roll. ) 12 ACTING PRESIDENT PADAVAN: 13 Results. 14 THE SECRETARY: Ayes 36. Nays - 15 ACTING PRESIDENT PADAVAN: 16 Results. 17 THE SECRETARY: Ayes 35, nays 2. 18 Senators DeFrancisco and Wright recorded in the 19 negative. 20 ACTING PRESIDENT PADAVAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 842, by Senator Maltese, Senate Bill Number 4648 1 4112A, an act to amend the Vehicle and Traffic 2 Law. 3 ACTING PRESIDENT PADAVAN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT PADAVAN: Call 8 the roll. 9 (The Secretary called the roll. ) 10 ACTING PRESIDENT PADAVAN: 11 Results. 12 THE SECRETARY: Ayes 37. 13 ACTING PRESIDENT PADAVAN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 957, by Senator - 17 SENATOR GOLD: Lay it aside for 18 Senator Halperin. 19 ACTING PRESIDENT PADAVAN: Lay it 20 aside. 21 THE SECRETARY: Calendar Number 22 1003, by Senator - 23 SENATOR GOLD: Lay it aside. 4649 1 ACTING PRESIDENT PADAVAN: Lay 2 the bill aside. 3 THE SECRETARY: Calendar Number 4 1007, by Senator DeFrancisco, Senate Bill Number 5 - 6 SENATOR GOLD: Lay it aside. 7 ACTING PRESIDENT PADAVAN: Lay 8 the bill aside at the request of Senator Gold. 9 THE SECRETARY: Calendar Number 10 1012. 11 SENATOR GOLD: Lay it aside. 12 ACTING PRESIDENT PADAVAN: Lay it 13 aside. 14 THE SECRETARY: Calendar Number 15 1013, by Senator Holland. 16 SENATOR GOLD: Lay it aside. 17 ACTING PRESIDENT PADAVAN: Lay it 18 aside. 19 THE SECRETARY: Calendar Number 20 1014, by Senator Pataki. 21 SENATOR GOLD: Lay it aside. 22 ACTING PRESIDENT PADAVAN: Lay 23 the bill aside. 4650 1 THE SECRETARY: Calendar Number 2 1015, by Senator Tully. 3 SENATOR GOLD: Lay it aside. 4 ACTING PRESIDENT PADAVAN: Lay 5 the bill aside. 6 THE SECRETARY: Calendar Number 7 1016, by Senator Kuhl, Senate Bill Number 2454. 8 SENATOR GOLD: Lay it aside. 9 ACTING PRESIDENT PADAVAN: Lay 10 the bill aside. 11 THE SECRETARY: Calendar Number 12 1017, by Senator Saland. 13 SENATOR GOLD: Lay it aside. 14 ACTING PRESIDENT PADAVAN: Lay 15 the bill aside. 16 THE SECRETARY: Calendar Number 17 1018, by Senator Cook, Senate Bill Number 2970, 18 State Administrative Procedure Act. 19 SENATOR GOLD: Lay it aside for 20 Senator Leichter. 21 ACTING PRESIDENT PADAVAN: Lay 22 the bill aside. 23 THE SECRETARY: Calendar Number 4651 1 1019, by Senator Waldon, Senate Bill Number 2 3330, an act to amend the Social Services Law. 3 ACTING PRESIDENT PADAVAN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT PADAVAN: Call 8 the roll. 9 (The Secretary called the roll. ) 10 ACTING PRESIDENT PADAVAN: 11 Results. 12 THE SECRETARY: Ayes 40. 13 ACTING PRESIDENT PADAVAN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1020, by Senator Volker. 17 SENATOR GOLD: Lay it aside. 18 ACTING PRESIDENT PADAVAN: Lay it 19 aside. 20 THE SECRETARY: Calendar Number 21 1021, by Senator Farley, Senate Bill Number 22 3610. 23 ACTING PRESIDENT PADAVAN: Read 4652 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT PADAVAN: Call 5 the roll. 6 (The Secretary called the roll. ) 7 ACTING PRESIDENT PADAVAN: 8 Results. 9 THE SECRETARY: Ayes 38, nays 2, 10 Senators Gold and Leichter recorded in the 11 negative. 12 ACTING PRESIDENT PADAVAN: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1022, by Senator Wright, Senate Bill Number 16 3806A, State Administrative Procedure Act. 17 SENATOR LEICHTER: Lay it aside. 18 ACTING PRESIDENT PADAVAN: Lay it 19 aside. 20 THE SECRETARY: Calendar Number 21 1023, by member of the Assembly Seabrook, 22 substituted earlier today, Assembly Bill Number 23 6841, State Administrative Procedure Act. 4653 1 SENATOR PADAVAN: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT PADAVAN: Call 6 the roll. 7 (The Secretary called the roll. ) 8 ACTING PRESIDENT PADAVAN: 9 Results. 10 THE SECRETARY: Ayes 40. 11 ACTING PRESIDENT PADAVAN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1024, by Senator Wright, Senate Bill Number 15 3810, State Administrative Procedure Act. 16 ACTING PRESIDENT PADAVAN: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT PADAVAN: Call 21 the roll. 22 (The Secretary called the roll. ) 23 ACTING PRESIDENT PADAVAN: 4654 1 Results. 2 THE SECRETARY: Ayes 40. 3 ACTING PRESIDENT PADAVAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1025, by Senator Wright, Senate Bill Number 7 3813A, State Administrative Procedure Act. 8 ACTING PRESIDENT PADAVAN: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT PADAVAN: Call 13 the roll. 14 (The Secretary called the roll. ) 15 ACTING PRESIDENT PADAVAN: 16 Results. 17 THE SECRETARY: Ayes 40. 18 ACTING PRESIDENT PADAVAN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1027, by Senator Wright, Senate Bill Number 22 4107, an act to amend the State Administrative 23 Procedure Act. 4655 1 (Whereupon, Senator Volker was in 2 the chair. ) 3 ACTING PRESIDENT VOLKER: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VOLKER: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 40. 11 ACTING PRESIDENT VOLKER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1028, by Senator Spano, Senate Bill Number 15 4229A, amends Chapter 409 of the Laws of 1991. 16 ACTING PRESIDENT VOLKER: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VOLKER: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 42. 4656 1 ACTING PRESIDENT VOLKER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1029, substituted earlier today, by member of 5 the Assembly Destito, Assembly Bill Number 6 6101A, an act to amend the Mental Hygiene Law. 7 ACTING PRESIDENT VOLKER: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT VOLKER: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 43. 15 ACTING PRESIDENT VOLKER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1030, by Senator Saland. 19 ACTING PRESIDENT VOLKER: Lay the 20 bill aside. 21 THE SECRETARY: Calendar Number 22 1032, by Senator Saland, Senate Bill Number 23 4866, an act to amend the Family Court Act. 4657 1 ACTING PRESIDENT VOLKER: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VOLKER: Call 6 the roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 46. 9 ACTING PRESIDENT VOLKER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1034, by Senator LaValle. 13 SENATOR GOLD: Lay it aside. 14 ACTING PRESIDENT VOLKER: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 1035, substituted earlier today, by the Assembly 18 Committee on Rules, Assembly Bill Number 7704A, 19 an act to amend the Civil Service Law. 20 ACTING PRESIDENT VOLKER: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 4658 1 ACTING PRESIDENT VOLKER: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 46. 5 ACTING PRESIDENT VOLKER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1037, by Senator Johnson, Senate Bill Number 9 5073. 10 ACTING PRESIDENT VOLKER: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 1038, by Senator Padavan, Senate Bill Number 14 5090, Not-for-profit Corporation Law. 15 ACTING PRESIDENT VOLKER: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VOLKER: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 49. 23 ACTING PRESIDENT VOLKER: The 4659 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1039, substituted earlier today, by member of 4 the Assembly Murtaugh, Assembly Bill Number 353, 5 an act to amend the Mental Hygiene Law. 6 ACTING PRESIDENT VOLKER: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VOLKER: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 49. 14 ACTING PRESIDENT VOLKER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1040, by Senator Saland, Senate Bill Number 18 5374, an act to amend the General City Law. 19 SENATOR GOLD: Lay it aside. 20 ACTING PRESIDENT VOLKER: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 1041, by Senator Volker. 4660 1 SENATOR GOLD: Lay it aside. 2 ACTING PRESIDENT VOLKER: Lay the 3 bill aside. 4 THE SECRETARY: Calendar Number 5 1042, by Senator Holland, Senate Bill Number 6 5421A, direct the Commissioner of Social 7 Services to convene a work group. 8 ACTING PRESIDENT VOLKER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VOLKER: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 49. 16 ACTING PRESIDENT VOLKER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1043, by Senator Spano, Senate Bill Number 20 5467A, amends Chapter 318 of the Laws of 1991, 21 amending the Mental Hygiene Law. 22 ACTING PRESIDENT VOLKER: Read 23 the last section. 4661 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT VOLKER: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 49. 7 ACTING PRESIDENT VOLKER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1044, by Senator Wright. 11 SENATOR GOLD: Can we have one 12 day on that, please? 13 SENATOR WRIGHT: One day, okay. 14 ACTING PRESIDENT VOLKER: Senator 15 Wright agrees. Lay the bill aside for the day. 16 SENATOR LEICHTER: Mr. 17 President. May I have unanimous consent to be 18 recorded in the negative on Calendar 1024, 19 please? 20 ACTING PRESIDENT VOLKER: Without 21 objection, Senator Leichter in the negative on 22 Calendar 1024. 23 THE SECRETARY: Calendar Number 4662 1 1045, by Senator Wright, Senate Bill Number 2 5474, an act to amend the Executive Law. 3 ACTING PRESIDENT VOLKER: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VOLKER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 49. 11 ACTING PRESIDENT VOLKER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1046, by Senator Spano, Senate Bill Number 15 5512A, an act to amend the Mental Hygiene Law. 16 ACTING PRESIDENT VOLKER: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VOLKER: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 49. 4663 1 ACTING PRESIDENT VOLKER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1047, by Senator Larkin. 5 SENATOR GOLD: Lay it aside. 6 ACTING PRESIDENT VOLKER: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 1048, by Senator Trunzo, Senate Bill Number 10 5669, amends Chapter 738 of the Laws of 1988, 11 amending the Administrative Code of the city of 12 New York. 13 ACTING PRESIDENT VOLKER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT VOLKER: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 49. 21 ACTING PRESIDENT VOLKER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 4664 1 1049, by Senator Larkin. 2 SENATOR GOLD: Lay it aside. 3 ACTING PRESIDENT VOLKER: Lay the 4 bill aside. 5 THE SECRETARY: Calendar Number 6 1050, by Senator Spano. 7 SENATOR GOLD: Lay it aside. 8 ACTING PRESIDENT VOLKER: Lay the 9 bill aside. 10 THE SECRETARY: Calendar Number 11 1051, by Senator Sears. 12 SENATOR GOLD: Lay it aside. 13 ACTING PRESIDENT VOLKER: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 1054, by Senator Masiello, Senate Bill Number 17 5775, an act to amend the General City Law. 18 ACTING PRESIDENT VOLKER: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VOLKER: Call 23 the roll. 4665 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 50. 3 ACTING PRESIDENT VOLKER: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1056, by Senator Present, Senate Bill Number - 7 SENATOR GOLD: Lay it aside. 8 ACTING PRESIDENT VOLKER: Lay it 9 aside. 10 THE SECRETARY: Calendar Number 11 1057, by Senator Libous, Senate Bill Number - 12 SENATOR GOLD: Lay it aside. 13 ACTING PRESIDENT VOLKER: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 1058, by Senator Maltese, Senate Bill Number 17 5793, an act to amend the Administrative Code of 18 the city of New York. 19 ACTING PRESIDENT VOLKER: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT VOLKER: Call 4666 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 49, nays 1. 4 Senator Gold recorded in the negative. 5 ACTING PRESIDENT VOLKER: The 6 bill is passed. 7 Senator Present, that's the first 8 time around. 9 SENATOR PRESENT: Mr. President, 10 let's proceed with the controversial calendar, 11 please. 12 ACTING PRESIDENT VOLKER: Clerk 13 will read. 14 THE SECRETARY: On page 6, 15 Calendar Number 229, by Senator Stafford, Senate 16 Bill Number 2464A, authorize the Fort Ann 17 Central School District to finance the 18 accumulated deficit. 19 SENATOR GOLD: May we lay it 20 aside until Monday. 21 SENATOR PRESENT: Temporarily lay 22 it aside. 23 ACTING PRESIDENT VOLKER: 4667 1 Temporarily lay it aside. 2 THE SECRETARY: Calendar Number 3 567, by Senator Seward, Senate Bill 4021A. 4 SENATOR GOLD: May we lay it 5 aside until Monday, please? 6 SENATOR PRESENT: Lay it aside 7 for the day. 8 ACTING PRESIDENT VOLKER: Lay it 9 aside for the day. 10 THE SECRETARY: Calendar Number 11 685, by Senator Lack, Senate Bill Number 4044, 12 an act to amend the Public Authorities Law. 13 ACTING PRESIDENT VOLKER: Read 14 the last section. 15 SENATOR GOLD: Hold on for one 16 second. I think the train made it. 17 SENATOR LACK: Oh, the train made 18 it? It's on time. 19 SENATOR GOLD: Senator Lack. 20 SENATOR LACK: Senator Gold. 21 SENATOR GOLD: Will you yield for 22 a few questions? 23 ACTING PRESIDENT VOLKER: Senator 4668 1 Lack yields. 2 SENATOR LACK: Senator, any time. 3 SENATOR GOLD: Senator, I have 4 just been given a list of questions and a draft 5 memo in opposition by the MTA, and I have a 6 great respect for your time, and I really 7 wouldn't want to get into a situation where, you 8 know, I spend your time on the floor educating 9 myself on this and wasting your time. You have 10 been very gracious. 11 And my question is would you mind 12 putting it over for a day? At that point we'll 13 know what we're going to do. 14 SENATOR LACK: I understand we 15 have both been left at the station, Senator 16 Gold, and I have no problem putting this over 17 until Monday. I have been waiting for years for 18 electrification. I can wait until next Monday 19 on this issue, as well. 20 SENATOR GOLD: Thank you. 21 ACTING PRESIDENT VOLKER: Lay it 22 aside for the day for the late train. 23 THE SECRETARY: Calendar Number 4669 1 770, by Senator Lack, Senate number 1639, an act 2 to amend the Workers' Compensation Law. 3 SENATOR STACHOWSKI: May we have 4 one day? 5 SENATOR LACK: At Senator 6 Stachowski's request, we'll lay it aside for one 7 day. 8 ACTING PRESIDENT VOLKER: Lay the 9 bill aside for one day. 10 THE SECRETARY: Calendar Number 11 957, by Senator Levy, Senate Bill Number 5552B, 12 an act to amend the Election Law. 13 SENATOR LEICHTER: Explanation. 14 ACTING PRESIDENT VOLKER: 15 Explanation requested by Senator Leichter. 16 SENATOR LEVY: Mr. President, let 17 me just say at the outset that over the past 18 couple of weeks, I have had -- let me rephrase 19 it. A couple of weeks ago, I had a conversation 20 with Senator Halperin, and we agreed that there 21 would be a chapter amendment to this bill that 22 relates specifically to prospectively putting 23 ballot questions in plain language to make those 4670 1 ballot questions more understandable to the 2 public that come to a polling place to vote in 3 the general election and, historically, have had 4 trouble understanding and knowing what the 5 ballot question was about, and there has been a 6 breakdown of communications that related to 7 implementing that chapter amendment, and I take 8 the responsibility for 99.9 percent of it, but 9 we are going to pursue the concept that 10 underlies what Senator Halperin wants to do in 11 an amendment that he is going to offer. 12 I have spoken to Senator 13 Nozzolio. He is supportive of the concept, and 14 collectively we're going to work on that chapter 15 amendment because it's something that we should 16 do and put into law. I would say that as it 17 relates to this chapter amendment when we work 18 on it, I don't know whether we can have in place 19 the local governmental part of the chapter 20 amendment for this general election and be able 21 to reach it. So I think if and when we work out 22 an agreeable chapter amendment, the local 23 governmental provisions should be after this 4671 1 year's general election. 2 So, Senator Leichter, what this 3 bill does is, the bill that is before us today 4 it rectifies a mistake that we made on April the 5 4th and that mistake was to eliminate one of the 6 two mandatory printings of ballot questions on 7 election day in connection with the general 8 election. The provisions of the Fair Campaign 9 Code that we eliminated on April the 4th, that 10 is not in this bill. 11 And let me just say for the 12 record, Senator Leichter, that we have not 13 published the Fair Campaign Practices Code since 14 1975 when the Court of Appeals declared almost 15 all of that act unconstitutional. So, 16 basically, all this bill does is to say that 17 we're going back to the law the way it was on 18 April the 3rd, which would require ballot 19 questions to be printed twice, once each in the 20 two weeks before the general election. 21 ACTING PRESIDENT VOLKER: Read 22 the last section. 23 SENATOR LEICHTER: Mr. 4672 1 President. 2 ACTING PRESIDENT VOLKER: Senator 3 Leichter, on the bill. 4 SENATOR LEICHTER: Okay. Senator 5 Levy, would you be so good as to yield? 6 SENATOR LEVY: Yes, certainly. 7 ACTING PRESIDENT VOLKER: Senator 8 Levy will yield. 9 SENATOR LEICHTER: Senator, since 10 you are substantially increasing the publication 11 of these constitutional amendments or 12 propositions, can you tell us what the costs 13 will be to the state of New York? 14 SENATOR LEVY: Number one, we are 15 not increasing -- we are not increasing what we 16 have done in prior years. We are just 17 rectifying the mistake that we made on April the 18 4th. The fiscal note is $81,000, but again, I 19 continue to doubt that the amount is that high 20 based upon the information that I have from the 21 Board of Elections. 22 SENATOR LEICHTER: Senator, I'm 23 sorry. I fail to understand your answer. You 4673 1 say that you are not increasing the number of 2 publications. 3 SENATOR LEVY: No, no, we are 4 increasing the numbers. We are going back to 5 what the law was on April the 3rd before we made 6 a mistake and passed a law eliminating the 7 second time printing of ballot questions, and 8 the numbers that we have from the state Board of 9 Elections are that the postage costs are a 10 little bit in excess of $20,000, and we get a 11 number that gives us an $81,000 cost based upon 12 the services of existing personnel who continue 13 to work for the state Board of Elections. I 14 will accept the $81,000, but I certainly don't 15 think that, in effect, that we're going to have 16 an additional $81,000 as it's appropriated in 17 the bill. 18 SENATOR LEICHTER: Senator, if 19 you would be so good as to continue to yield. I 20 don't accept your characterization that we made 21 a mistake. I think it was -- part of the budget 22 resolution was an effort to decrease the 23 spending in this particular respect, and that's 4674 1 what we did. Now you are saying you think it 2 was a mistake. I don't even know whether you 3 voted against it but that doesn't matter. 4 You're certainly - 5 SENATOR LEVY: I voted for it. 6 SENATOR LEICHTER: Okay. You are 7 certainly entitled now to say I think it's 8 important to have that publication. But I can't 9 understand the figure. If I read this 10 correctly, you are going to require publication 11 in two newspapers published in each county. 12 Right? 13 SENATOR LEVY: That's what the 14 law was on April the 3rd. 15 SENATOR LEICHTER: I understand. 16 But what is the effect of having two newspapers 17 in each of the 62 counties of the state rather 18 than just having one? 19 SENATOR LEVY: The fiscal note is 20 $80,000, but my evaluation of the statistical 21 information and data we receive, and I had to 22 abide by the fiscal note, I do not agree that it 23 will be -- it will be $80,000, but I took the 4675 1 information that was given to me and put it in 2 the fiscal note. 3 SENATOR LEICHTER: Senator, where 4 did you get that fiscal note? Was it from the 5 Board of Elections? 6 SENATOR LEVY: And the Finance 7 Committee where we regularly get our information 8 from, Senator. 9 SENATOR LEICHTER: Senator, with 10 all due respect, I cannot believe that that 11 figure is correct. If you consider the cost of 12 advertising in newspapers throughout the state 13 and while you may not be required in every 14 instance to -- well, I guess you are. 15 SENATOR LEVY: That's the 16 information that we were given. It comes to us 17 from the state Board of Elections and the 18 Finance Committee, and we are told that the 19 number reaches $80,000 because calculated into 20 it are the services of existing state employees 21 in doing this job. I can only tell you what I 22 was given. 23 SENATOR LEICHTER: Senator, maybe 4676 1 I'm missing something. When we publish or 2 advertise, if you will, a constitutional 3 proposition in the newspaper, do we pay for 4 that? 5 SENATOR LEVY: Certainly, yes. 6 SENATOR LEICHTER: And you're 7 telling me that I can double the number of 8 newspapers throughout the state and it's only 9 going to cost $88,000. 10 SENATOR LEVY: I'm telling you 11 what I was told us, and that is the basis of the 12 fiscal note. 13 SENATOR LEICHTER: Senator, I 14 accept what you say as to how this came to be 15 part of the bill. Just very briefly. 16 ACTING PRESIDENT VOLKER: Senator 17 Leichter, on the bill. 18 SENATOR LEICHTER: I think all of 19 us know what the cost of advertising is. For 20 instance, in the city of New York if you are 21 going to go to a paper of general circulation, 22 as I assume you will - 23 SENATOR LEVY: Will Senator 4677 1 yield? 2 SENATOR LEICHTER: Yes. 3 SENATOR LEVY: Senator Leichter, 4 have you checked yourself? And are you in a 5 position to tell me on this floor that you know 6 as a matter of fact based on your inquiry that 7 this note is not accurate, that it's going to 8 cost more? 9 SENATOR LEICHTER: Senator, I'm 10 so sure that that note is incorrect because I 11 have some experience, as I assume many of the 12 members here, with the cost of advertising. I 13 occasionally become involved in the cost of 14 putting a legal notice in the newspaper; and in 15 New York City, it's exorbitant. It's 16 outrageous, and the notices for constitutional 17 propositions could be much greater; and if you 18 put it in a newspaper of general circulation, 19 there is no way, Senator Levy, that that is only 20 going to cost you $88,000 when you are doubling 21 the number of newspapers. 22 But, Mr. President, on the bill. 23 ACTING PRESIDENT VOLKER: Senator 4678 1 Leichter. 2 SENATOR LEICHTER: I accept that 3 you put it in in good faith; that was the 4 information that was given to you; but I think 5 when we have something that flies in the face of 6 our knowledge and our experience, I think we're 7 justified in disregarding it. I think the cost 8 is going to be much greater. 9 Over and above that, my belief 10 and my experience is that very few people read 11 these propositions or constitutional amendments 12 when they are put in newspapers. It's just not 13 an effective way to reach the voters. I applaud 14 the purpose and aim of this bill, which is, we 15 want the most, well informed electorate that we 16 possible can have. 17 But I don't think that this is a 18 good way. Usually, the print is so small that I 19 think an eagle would have a difficulty in 20 reading it. I think the only aim and purpose of 21 that frankly is to subsidize the newspapers of 22 the state of New York; and while I grant that 23 they serve a valuable purpose, on occasion, I 4679 1 don't think this is how we ought to be spending 2 public monies. 3 We don't have much public monies 4 around. I don't think that this achieves a 5 valuable beneficial purpose, Senator Levy. I 6 would vote against it even if the sum was 7 $88,000, but I submit to you it's going to be 8 much more expensive than that. 9 SENATOR GOLD: Mr. President. 10 ACTING PRESIDENT VOLKER: Senator 11 Gold, on the bill. 12 SENATOR GOLD: Will Senator 13 Leichter yield to a question? 14 SENATOR LEICHTER: Yes. 15 ACTING PRESIDENT VOLKER: Senator 16 Leichter yields. 17 SENATOR GOLD: I notice some of 18 the newspapers around the state from time to 19 time make editorial comments on various things 20 which they think is in the public interest. Is 21 there anything in the law today which would 22 prohibit a newspaper from printing this material 23 now as a public service and not getting paid for 4680 1 it? 2 SENATOR LEICHTER: Absolutely 3 nothing, Senator. And let me say while you point 4 out the editorial policies, I know as I read the 5 editorials throughout the state, they say reduce 6 government spending, and I want to take them at 7 their word as regards this bill, and I think we 8 ought to heed the newspapers to that respect. 9 And I'm glad, Senator Gold, you reminded us of 10 their editorial policy. We may not agree with 11 it all the time, but I think in this instance 12 they are correct. 13 ACTING PRESIDENT VOLKER: Senator 14 Connor. 15 SENATOR CONNOR: Thank you, Mr. 16 President. Mr. President, this bill really 17 touches on an area that's been of some concern 18 to me, and that is, in general, how we spend our 19 money on election-related matters and how we 20 fund the state Board of Elections, and the press 21 is very quick to run off and criticize the 22 various boards of elections and the state Board 23 of Elections when they think that they are not 4681 1 employing the most modern and technically 2 up-to-date methods of administering the 3 elections. 4 To that extent, the criticism is 5 right, but it's not free. There is no free 6 lunch. We don't fund the state Board of 7 Elections adequately to do all the types of 8 computerization and cross-checks and outreach 9 that we say we like them to do. 10 Last fiscal year, they lost a 11 couple of important positions because of budget 12 deliberations made here and that halted their 13 computerization process. Indeed, I have read 14 editorials and talked to some people who were 15 very suspicious of the motives of the 16 legislative, collectively, and the Governor in 17 not funding these programs that would allow 18 sufficient personnel and equipment to cross 19 check campaign contributions, to computerize, 20 and so on. 21 I don't think that's the case. I 22 think it's one of benign neglect. I think we 23 tend to only pay attention to agencies like the 4682 1 Board of Elections when an election is upon us. 2 I think that's true with the executive, as well, 3 and it's not just on the state level. I have 4 seen the same phenomenon in New York City, where 5 the city Board of Elections is, by and large, 6 starved until the every four-year mayoral cycle 7 comes around, and then all of a sudden, extra 8 resources are found because, "Gee, we want to 9 run a smooth election." 10 That's no way to run these 11 agencies, and it's no way to run these agencies 12 to insist on restoring antiquated, outmoded 13 requirements. The original publication 14 requirement is 154 years old, the predecessor to 15 this. It was no mistake that the budget 16 eliminated this $80,000 expenditure on the part 17 of the state Board of Elections. It was done as 18 a conscious deliberate saving. 19 I think if we're going to 20 modernize the whole system, we have to put our 21 money where our mouth is and give them the money 22 to do the appropriate modern technology they 23 need, and we have to stop forcing them to waste 4683 1 money on doing things that made a lot of sense 2 in New York 100 years or 150 years ago. 3 A prior version of this bill in 4 fact talked about how you had to give the ad to 5 both Democrat and Republican newspapers, as if 6 newspapers are enrolled voters. That's the 7 language that was recently deleted in the budget 8 and the original version of Senator Levy's bill 9 was going to restore; that it had to be placed 10 in two papers in each county, the papers being 11 of different political affiliation. Maybe there 12 are newspapers that openly proclaim today in the 13 state of New York that they are true blue 14 Democrats or Republicans, but I doubt it. 15 It just gives you an idea of how 16 antiquated this provision was. Once upon a time 17 150 years ago, of course, newspapers were 18 partisan, and it's before really the development 19 of modern so-called objective reporting, which 20 at least in style is objective if not sometimes 21 -- if sometimes people quibble about whether or 22 not it's really so. 23 So I think this is a step 4684 1 backward. Now who wants this? Oh, surprise. 2 The New York Press Association and the New York 3 Newspaper Publishers Association want this, and 4 as I read the Press Association memo, it's very 5 clear to me they are concerned in general with 6 legal advertising. This I understand can be a 7 big item, and I don't mean this kind of ad in 8 this bill, but in general: Publication of 9 summonses and so on, other sorts of notices 10 about bidding, and so on and so forth. 11 Well, you know, those kind of 12 notices are generally addressed to a specific 13 audience. For example, bidding requests and so 14 on, auction notices, and in fact people in those 15 businesses to whom that's addressed often have 16 clipping services or whatever to pick up on 17 these things, and it does serve a useful 18 purpose; but in this case, there are much better 19 ways to reach voters with information about 20 proposed amendments in language they can 21 understand. 22 Some good government groups have 23 done it. There has been an attempt to do it in 4685 1 New York City with a voters manual. There are 2 other modern appropriate ways to do this. Many 3 members, indeed, will put a balanced pros and 4 cons about amendments in their news letters. 5 I suggest that's a much more 6 effective way of informing voters than small 7 printed classified adds. I don't care who wants 8 this bill, it is clear to me and I talked to 9 people in the Assembly, it's a one-house bill. 10 I have been told it's a one-house bill. 11 Frankly, it's pork barrel for the press, and we 12 all know on the other side, not the advertising 13 sales side of the newspaper or the publisher 14 business column, but when you get to the 15 editorial side, generally the press in this 16 state is highly suspect and critical in their 17 editorials of pork barrel. Well, I guess one 18 person's pork is somebody else's bacon, and here 19 we see what I would describe as out and out 20 budget busting because this $80,000 was not in 21 the original budget. 22 It's pork barrel legislation, and 23 I'm against it, Mr. President. 4686 1 ACTING PRESIDENT VOLKER: Senator 2 Dollinger. 3 SENATOR DOLLINGER: Mr. 4 Chairman. Will the sponsor yield to a 5 question? 6 SENATOR LEVY: Certainly. 7 ACTING PRESIDENT VOLKER: Senator 8 Levy yields. 9 SENATOR DOLLINGER: Senator, I'm 10 just reading the text of the bill and the prior 11 drafts. I just have a question on what papers 12 this would be published in. As I understand it, 13 the current law provides that it would be 14 published in one paper of general circulation? 15 Is that correct? The current law provides that, 16 and this bill would provide just two newspapers 17 but drops the requirement there be general 18 circulation. Is that correct? 19 SENATOR LEVY: Yes. 20 SENATOR DOLLINGER: Why is that 21 provision of general circulation dropped from 22 the new statute? 23 SENATOR LEVY: Senator, we 4687 1 believe that with this legislation that the 2 publishing of the notices should be in two 3 newspapers, but, certainly, I don't know whether 4 you were here when Senator Halperin and I - 5 Senator Halperin actually listened and nodded 6 his head. There's going to be a chapter 7 amendment. We'll address that issue in the 8 chapter amendment to the bill and go back to 9 that provision of the earlier version that 10 related to newspapers of general circulation. 11 SENATOR DOLLINGER: That was my 12 concern that the purpose of this is to widely 13 broadcast this and we dropped it. 14 SENATOR LEVY: It will be in the 15 chapter amendment. 16 SENATOR DOLLINGER: I just have 17 one comment on the bill, Mr. President. I'm 18 going to vote in favor of this bill when we 19 finally get the chapter amendment to work this 20 out. 21 My only question is the question 22 of election law reform, and I hope that this is 23 the first bill that starts to march us down the 4688 1 road that I hope will be a whole series of items 2 that we'll see before the end of this session; 3 that we'll look at campaign financing; that 4 we'll look at ballot access; and that we'll see 5 from the majority bills that will really 6 effectuate true election reform; so that not 7 only will we tell the people what they've got 8 the option to vote on but we'll make it easier 9 for them to vote, we'll make it easier for 10 people to get into the political process, we'll 11 make it easier for them to finance campaigns 12 against incumbents or whomever, and that we will 13 see a process that reflects the same democratic 14 spirit, the same encouragement of the democratic 15 spirit that this proposal moves in a direction 16 of accomplishing, and I look forward to those 17 hopefully before the end of this session. 18 ACTING PRESIDENT VOLKER: Senator 19 Halperin. 20 SENATOR HALPERIN: Mr. 21 President. Senator Levy alluded to the fact 22 that after he made a statement, I nodded my 23 head, so I felt I should do something more than 4689 1 that, which I had intended to do before the 2 other speakers rose. 3 Senator Levy and I just had a 4 discussion shortly before the bill was brought 5 up; and as he indicated, there was some 6 misunderstandings between our staffs as to what 7 we intend to do, and I think we now both agree 8 that the approach we like to adopt in a chapter 9 amendment is to require that somewhere, somehow 10 when we pass a resolution providing for a ballot 11 proposition that the abstract language, the 12 language that will actually appear on the 13 ballot, should be part of that legislation so 14 that we understand when we vote what it is we 15 are putting onto the ballot, and that that 16 language be in clear, understandable, concise 17 language. 18 The reason I say this is because 19 all too often we vote for various propositions. 20 If one is an attorney and were to read the 21 proposition they might be able to understand 22 what it said, but the average person going into 23 the polling place and having a relatively short 4690 1 period of time to read it, unless they happen to 2 have read it ahead of time perhaps in a 3 newspaper publication or elsewhere, really is at 4 a great disadvantage in trying to understand the 5 contorted language that somehow is often brought 6 up as the alleged description of the 7 proposition. 8 So this way we as legislators 9 will take it upon ourselves to come up with 10 language which we believe expresses properly to 11 the public that which we are voting on, and with 12 that understanding in mind, that we will be 13 moving forward with that approach -- and now I 14 see Senator Levy nodding his head -- I will be 15 voting in favor of this legislation and 16 withdrawing the amendment that I had filed at 17 the desk. 18 ACTING PRESIDENT VOLKER: Senator 19 Dollinger. 20 SENATOR DOLLINGER: Mr. 21 President. Senator Halperin brings up a point 22 that reminds me when we did a bill from Senator 23 Farley which talked about the publication of 4691 1 information about the effect of bond issues, and 2 we were going to publicize the interest rate 3 assumption of the total cost of the repayment 4 cost, something similar to the mortgage 5 disclosure documents that you have in private 6 business transaction, we would do that as part 7 of the disclosure of bond issues that require 8 voter approval. The text of the amendment and 9 the text of the calculation would all be 10 included as part of that. 11 I think that spirit that creates 12 nodding heads that suggest that we've got an 13 amendment on the need to get more information 14 out is the right direction to go. We did it 15 with Senator Farley's bill. We had a discussion 16 at that time. 17 I think the more information that 18 we get out, the better off we are. As I said 19 before, I hope this is the beginning step in a 20 continuing process, look at the electoral 21 process, making it more accessible and more 22 understandable. 23 I'll nod my head in agreement as 4692 1 well. 2 ACTING PRESIDENT VOLKER: Me, 3 too. Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT VOLKER: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 957 are Senators 11 Connor, Cook, DeFrancisco, Gold, Holland, 12 Leichter, Libous, Ohrenstein and Wright, also 13 Senator Galiber, also Senator Smith. Ayes - 14 also Senator Daly in the negative, also Senator 15 Saland. Ayes 42, nays 13. 16 ACTING PRESIDENT VOLKER: The 17 bill is passed. 18 Senator Bruno. 19 SENATOR BRUNO: Mr. President. I 20 would like to request unanimous consent to be 21 voted in the negative on Senate 1641B, Calendar 22 Number 771. 23 ACTING PRESIDENT VOLKER: Without 4693 1 objection, Senator Bruno on 771 in the negative. 2 Senator Saland. 3 SENATOR SALAND: Mr. President. 4 I too would like unanimous consent to be 5 recorded in the negative on that same bill. 6 Calendar 771, Senate 1641B. 7 ACTING PRESIDENT VOLKER: Without 8 objection, Senator Saland in the negative on 9 771. 10 Senator Galiber. 11 SENATOR GALIBER: Yes, Mr. 12 President. Can I have unanimous consent to be 13 recorded in the negative on Calendar Number 14 1021. 15 SENATOR VOLKER: Senator Galiber 16 without consent on 1021. 17 THE SECRETARY: Calendar Number 18 1003, by Senator Stafford, Senate Bill Number 19 4822, an act to amend the Town Law. 20 ACTING PRESIDENT VOLKER: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 4694 1 ACTING PRESIDENT VOLKER: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 55. 5 ACTING PRESIDENT VOLKER: The 6 bill is passed. 7 Senator Larkin. 8 SENATOR LARKIN: Mr. President, I 9 would like to request unanimous consent to be 10 recorded in the negative on Senate Bill 1641B, 11 Calendar 771. 12 ACTING PRESIDENT VOLKER: Without 13 objection, Senator Larkin in the negative on 14 771. 15 Senator Cook. 16 SENATOR COOK: Same request, 17 please. 18 ACTING PRESIDENT VOLKER: Senator 19 Cook in the negative, without objection, on 771. 20 SENATOR HOLLAND: Same request. 21 ACTING PRESIDENT VOLKER: Senator 22 Holland. 23 SENATOR HOLLAND: Same request, 4695 1 please. 2 ACTING PRESIDENT VOLKER: Senator 3 Holland, without objection, in the negative on 4 771. 5 Senator Sheffer. 6 SENATOR SHEFFER: Mr. President, 7 same request, please. 8 ACTING PRESIDENT VOLKER: Senator 9 Sheffer in the negative on Senate 771, without 10 objection. 11 THE SECRETARY: Calendar Number 12 1007, by Senator DeFrancisco, Senate Bill Number 13 5758, amends chapter - 14 SENATOR GOLD: Can we have one 15 day on that, please? 16 SENATOR DeFRANCISCO: Would 17 Senator yield to a question? 18 SENATOR GOLD: Yes, I will be 19 glad to. 20 SENATOR DeFRANCISCO: This was 21 held for one day. I don't know, is there 22 something controversial, confusing or some 23 information that I should be gathering for this 4696 1 particular bill? 2 SENATOR GOLD: Yes. 3 SENATOR DeFRANCISCO: What would 4 that be? 5 SENATOR GOLD: Can we have one 6 day? 7 SENATOR DeFRANCISCO: Would you 8 please provide me with that before Monday? 9 SENATOR GOLD: Yes. 10 SENATOR DeFRANCISCO: Because I 11 would be interested to see if a question can be 12 framed about this bill. 13 SENATOR GOLD: Yes. 14 SENATOR DeFRANCISCO: Okay. 15 Thank you. 16 ACTING PRESIDENT VOLKER: The 17 bill is laid aside for the day. 18 THE SECRETARY: Calendar Number 19 1012, by Senator Saland. 20 SENATOR GOLD: Can we have one 21 day on this? 22 SENATOR SALAND: Yes, Mr. 23 President. 4697 1 ACTING PRESIDENT VOLKER: The 2 bill is laid aside for the day. 3 THE SECRETARY: Calendar Number 4 1013, by Senator Holland, Senate Bill Number 5 736, an act to amend the Social Services Law. 6 SENATOR GOLD: May we have one 7 day? 8 SENATOR HOLLAND: Lay it aside 9 for the day. 10 ACTING PRESIDENT VOLKER: Lay the 11 bill aside for the day at the request of the 12 sponsor. 13 THE SECRETARY: Calendar 1014, by 14 Senator Pataki, Senate Bill Number 2080, Real 15 Property Tax Law. 16 SENATOR GOLD: Can we have one 17 day on this? 18 SENATOR PATAKI: Yes. 19 ACTING PRESIDENT VOLKER: Lay the 20 bill aside for the day. 21 THE SECRETARY: Calendar Number 22 1015, by Senator Tully, Senate Bill Number 2428, 23 an act to amend the General Municipal Law. 4698 1 SENATOR GOLD: Can I have one day 2 on this, please, Senator Tully. 3 SENATOR TULLY: No objection. 4 SENATOR VOLKER: Lay the bill 5 aside for the day. 6 THE SECRETARY: Calendar Number 7 1016, by Senator Kuhl, Senate Bill Number 2454, 8 an act to amend the Executive Law. 9 SENATOR PRESENT: Lay it aside. 10 ACTING PRESIDENT VOLKER: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 1017, by Senator Saland, Senate Bill Number 14 2699A, an act to amend the Family Court Act, in 15 relation to medical examination. 16 ACTING PRESIDENT VOLKER: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VOLKER: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 55. 4699 1 ACTING PRESIDENT VOLKER: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1018, by Senator Cook, Senate Bill Number 2970, 5 State Administrative Procedure Act. 6 SENATOR LEICHTER: I have no 7 problem. 8 SENATOR GOLD: Last section. 9 ACTING PRESIDENT VOLKER: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VOLKER: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 55. 17 ACTING PRESIDENT VOLKER: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1020, by Senator Volker, Senate Bill Number 21 3573. 22 SENATOR GOLD: One day? 23 ACTING PRESIDENT VOLKER: Lay the 4700 1 bill aside for the day. 2 THE SECRETARY: Calendar Number 3 1022, by Senator Wright, Senate Bill Number 4 3806A, State Administrative Procedure Act. 5 SENATOR LEICHTER: Explanation. 6 ACTING PRESIDENT VOLKER: 7 Explanation requested by Senator Leichter. 8 SENATOR WRIGHT: Mr. President. 9 The bill provides for the first time a petition 10 procedure for changing the administrative rules 11 that an agency establishes. By statute, we 12 establish formal criteria to be questioned and a 13 formal procedure by which to petition and a 14 45-day response period. It is our belief that 15 this will remedy a number of issues that have 16 been raised by the regulated community as they 17 can go back and review the various rules and 18 regulations, and it also will give us an 19 opportunity to avoid costly litigation. 20 SENATOR LEICHTER: Mr. 21 President. Will Senator Wright yield, please? 22 ACTING PRESIDENT VOLKER: Senator 23 Wright, will you yield? 4701 1 SENATOR WRIGHT: I will, Mr. 2 President. 3 SENATOR LEICHTER: Senator, I 4 believe a similar bill passed last year, but I 5 also believe that this bill has some new 6 language in it. Am I correct? And I specifically 7 refer to line 12, subdivision E. 8 SENATOR WRIGHT: That's correct. 9 There have been amendments made to the bill as 10 we have had discussions with the Assembly, and 11 we have an agreed to version that the amendments 12 reflected. 13 SENATOR LEICHTER: Well, what is 14 your understanding or interpretation of the 15 language that's been added, which is that you 16 can request a repeal of rules if they are 17 duplicative of or inconsistent with other state 18 or federal rules? 19 SENATOR WRIGHT: That's a 20 provision that was reflected in the original 21 bill. The amendments speak to line 8 (b) where 22 language was changed and 11 (e) where language 23 was deleted. 4702 1 As it reflects to the issues of 2 duplication, the intent, again, is to be 3 consistent, much as we discussed before with 4 federal statutes that we talked about. 5 SENATOR LEICHTER: Senator, if 6 you will continue to yield, please. 7 SENATOR WRIGHT: Certainly. 8 SENATOR LEICHTER: I thought we 9 established that new language -- there may be 10 other new language, but among the new language 11 is subdivision E, which is that it's duplicative 12 or inconsistent with other state or federal 13 rules. And it was that language that I wanted 14 explained, because I'm not sure what you are 15 trying to accomplish or exactly what the 16 parameters are when you say that it's 17 duplicative? I mean if it's exactly the same, I 18 don't know whether it much matters. But are you 19 defining "duplicative" in a broader sense 20 because it covers the same subject matter? 21 SENATOR WRIGHT: Well, as you can 22 relate in reviewing the bill, there is not a 23 specific definition as it relates to duplicative 4703 1 or inconsistent. It was included in the 2 original version of the bill, and it simply has 3 been renumbered or relettered in the amended 4 version. 5 But the intent is where there is 6 inconsistency or there are duplications within 7 agencies that we not increase the added burden 8 on the regulated community; and, therefore, that 9 regulated community has the opportunity to raise 10 that issue by virtue of petition and contend 11 that in fact there is duplication or it is 12 inconsistent with requirements they are 13 currently meeting. 14 SENATOR LEICHTER: Senator, let 15 me just clarify what my concern is, and I'm not 16 sure that it's grounds to vote against the 17 bill. But if I understood you, the language that 18 I'm concerned about you say was in the bill last 19 year, but it had just been renumbered; or is 20 this new language? 21 SENATOR WRIGHT: The language 22 that we're discussing was included in the 23 original bill that we filed this year. In the 4704 1 subsequent version that has been amended that is 2 before us today, it had been renumbered. 3 SENATOR LEICHTER: All right. I 4 understand that. So you agree with the point I 5 make, and this is for the benefit of our 6 colleagues because, last year, a similar bill 7 passed 57-nothing, and some people will say, 8 "Well, it passed last year by that vote, why 9 shouldn't I vote for it again?" Just to point 10 out that there is additional or different 11 language in there from last year's bill. 12 SENATOR WRIGHT: That is correct. 13 SENATOR LEICHTER: All right. Let 14 me just, very briefly, if I may on the bill, and 15 thank Senator Wright for his answer which is 16 clear as always. 17 ACTING PRESIDENT VOLKER: Senator 18 Leichter, on the bill. 19 SENATOR LEICHTER: But I am a bit 20 concerned about the language that it's 21 duplicative or inconsistent with other state or 22 federal rules. I have no problem if it's 23 inconsistent; obviously, it shouldn't be in 4705 1 there. I am a little concerned about 2 duplicative because as Senator Wright and I 3 debated earlier in the year, we had a bill which 4 limited the state's rulemaking power in areas 5 where the federal government has already issued 6 rules and regulations, and it seemed to me that 7 there could very well be instances where New 8 York's own viewpoint or New York's own needs 9 needed to be reflected in rules and 10 regulations. 11 I would be concerned if 12 duplicative were interpreted in such a manner 13 that it would mean, well, we've got some rules 14 in this area by the federal government and, 15 therefore, the state should not enact rules in 16 this area. If it's duplicative in the sense 17 that it's precisely the same, well, then I guess 18 there is really no need for the state to have 19 it. May not matter very much whether you have 20 both state or federal. 21 So I'm going to vote for it as I 22 did last year even with this new language, but I 23 just want to say for whatever worth it is, and 4706 1 it's probably worth nothing, my intent and my 2 understanding is that duplicative would be very 3 narrowly defined to mean that it is precisely 4 the same. 5 Thank you. 6 ACTING PRESIDENT VOLKER: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VOLKER: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 55. 14 ACTING PRESIDENT VOLKER: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1030, by Senator Saland, Senate Bill Number 18 4274, amends Chapter 271 of the Laws of 1987. 19 ACTING PRESIDENT VOLKER: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT VOLKER: Call 4707 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 55. 4 ACTING PRESIDENT VOLKER: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1034, by Senator LaValle, Senate Bill Number 8 4902A, amends Chapter 699 of the Laws of 1947. 9 SENATOR GOLD: One day? 10 SENATOR LAVALLE: Okay. 11 ACTING PRESIDENT VOLKER: The 12 bill is laid aside for the day. 13 THE SECRETARY: Calendar Number 14 1037, by Senator Johnson, Senate Bill Number 15 5073, Environmental Conservation Law. 16 SENATOR GOLD: Will Senator 17 Johnson yield to a question? 18 SENATOR JOHNSON: Yes, Senator. 19 ACTING PRESIDENT VOLKER: Senator 20 Johnson yields. 21 SENATOR GOLD: Senator, there had 22 been a notation that DEC opposed this, and I had 23 nothing on it, but I have just been given 4708 1 something which says it's a draft - 2 Last section. 3 ACTING PRESIDENT VOLKER: Read 4 the last section. 5 SENATOR GOLD: Senator Leichter 6 would like it laid over for a day. 7 SENATOR JOHNSON: It's an 8 innocuous bill. It's a name change. The only 9 real change, Senator Leichter, if I can explain 10 this to you is that presently three members are 11 designated by the Majority Leader of this house 12 and three by the Majority Leader of the other 13 house. This changes that just two shall be named 14 by the Majority Leader and one by the Minority 15 Leader. That's a substantial change. 16 And also it provides that the 17 chairman of Senate Finance, Senate Environmental 18 Conservation, Assembly Ways and Means, Assembly 19 Environmental Conservation, or their designees 20 shall serve as ex officio nonvoting members. 21 Those are the only two 22 substantial changes other than the name change, 23 Senator. 4709 1 SENATOR LEICHTER: If Senator 2 will yield. 3 SENATOR JOHNSON: Yes. 4 ACTING PRESIDENT VOLKER: Senator 5 Johnson yields. 6 SENATOR LEICHTER: Senator, I 7 appreciate your comments. What concerns me 8 somewhat is we're setting up here an advisory 9 board which is really in part a legislative 10 appointed board to oversee, or not really to 11 oversee but to make recommendations, consult, 12 perform advisory functions, on an executive 13 function. I just have trouble mixing the 14 legislative and executive functions in that 15 way. I have no problem with the oversight and 16 overview that your committee, the Environmental 17 Conservation Committee, may give. But to take a 18 particular function of DEC and say, in this 19 instance, we're going to set up a body that's 20 composed mainly of legislative appointees to 21 oversee and to advise on that executive function 22 just seems to be somewhat to go contrary to the 23 grain of how we govern and the separation of 4710 1 power. 2 SENATOR JOHNSON: Senator, I 3 think you are aware that the Conservation Fund 4 Advisory Council, the presently existing 5 organization, has been in existence for almost a 6 dozen years. They give advice essentially for 7 the department on spending of the funds which 8 are raised through the hunting and fishing 9 license fees, which people they essentially 10 represent. 11 They work very effectively as 12 advocates for the department in seeking fee 13 increases, when necessary, to see that the money 14 is there to perform the administrative and 15 operational functions of the Department of Fish 16 and Game. 17 So they are really advocates for 18 the department and for the proper management of 19 the resources, and we're only changing the name 20 and, as I say, putting some minority 21 appointments in. Otherwise, there is really no 22 change from the present operation, Senator. 23 I'm not trying to disarm you or 4711 1 or cuckold you or anything. It's an accurate 2 representation of what's being done here. 3 ACTING PRESIDENT VOLKER: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VOLKER: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 55. 11 ACTING PRESIDENT VOLKER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1040, by Senator Saland, Senate Bill Number 15 5374, General City Law. 16 SENATOR GOLD: Can we have one 17 day on this? 18 SENATOR PRESENT: Lay it aside 19 for the day. 20 ACTING PRESIDENT VOLKER: Lay the 21 bill aside for the day. 22 THE SECRETARY: Calendar Number 23 1041, by Senator Volker, Senate Bill Number 4712 1 5394. 2 SENATOR GOLD: Until Monday. 3 ACTING PRESIDENT VOLKER: You can 4 have Monday. Lay it aside for the day. 5 THE SECRETARY: Calendar 1047, by 6 Senator Larkin, Senate Bill Number 5546A, 7 village of Walden to lease certain parklands. 8 SENATOR GOLD: One day. 9 SENATOR LARKIN: Lay it aside one 10 day at the request of - 11 ACTING PRESIDENT VOLKER: Lay the 12 bill aside for Senator Gold's Monday. 13 THE SECRETARY: Calendar Number 14 1049, by Senator Larkin, Senate Bill Number 15 5745, authorize the payment of transportation 16 aid. 17 SENATOR GOLD: May we have one 18 day? 19 SENATOR LARKIN: To the gentleman 20 from Queens, I will hold it over until Monday. 21 ACTING PRESIDENT VOLKER: Lay the 22 bill aside until Monday. 23 THE SECRETARY: Calendar Number 4713 1 1050, by Senator Spano, Senate Bill Number 5750, 2 Mental Hygiene Law. 3 SENATOR GOLD: Can we have one 4 day on this? 5 SENATOR SPANO: Lay it aside for 6 the day. 7 SENATOR GOLD: Thank you. 8 ACTING PRESIDENT VOLKER: Lay the 9 bill aside. 10 THE SECRETARY: Calendar Number 11 1051, by Senator Sears, Senate Bill Number 5754, 12 in relation to the payment of a judgment. 13 ACTING PRESIDENT VOLKER: Senator 14 Sears, explanation requested. Explanation of 15 your bill 1051. 16 SENATOR SEARS: This is in 17 relation to the payment of a judgment in the 18 case of Jane Doe versus the state of New York. 19 It provides that the termination upon death of 20 plaintiff provisions of Article 50-B of the CPLR 21 law shall not apply to a particular plaintiff. 22 The justification is this. A 23 nurse who was a resident of Rome, New York, 4714 1 became infected in 1988 with the HIV virus which 2 causes AIDS. She became infected while working 3 in Faxton Hospital in Utica, New York, after 4 struggling with a dying state prison inmate. A 5 needle dripping with the prisoner's HIV-positive 6 blood jabbed her in the hand. The nurse who for 7 obvious reasons wishes to remain anonymous is 8 being referred to as Jane Doe. 9 She sued the state because the 10 prison guards outside the inmate's hospital room 11 refused to help in the struggle during which she 12 was struck by the needle, and this refusal to 13 give her assistance by the correction officers 14 was done even after repeated pleas from herself 15 and the doctors who were assisting her at the 16 time she was jabbed with that needle. 17 The New York State Court of 18 Claims awarded her $5.4 million last year for 19 the negligent infliction of the HIV virus. 20 Under Section 50-B of the CPLR law, Mrs. Doe's 21 non-economic losses, specifically her future 22 conscious pain and suffering, which was computed 23 by the court to be $3.5 million for a projected 4715 1 5.5 year's life span shortened because of the 2 defendant's conduct must be paid out over 5.5 3 years. The Court of Claims judge who decided 4 her case ruled that she would live that period 5 of time. 6 However, because of her advancing 7 condition with the HIV virus, it is highly 8 likely that she will die before the 5.5 year 9 period. Under Article 50-B of the CPLR law if 10 Jane Doe dies before the five and a half year 11 period set by the court, all payment for the 12 conscious pain and suffering elements of the 13 verdict will cease. The law does not allow 14 payments to continue to her family which 15 includes a husband, three children whose ages 16 run from 11 to 19. 17 Since the verdict of the Court of 18 Claims, her attorney has appealed the decision 19 requiring the state to pay the full amount of 20 the settlement rather than have the payment 21 spread out. The Appellate Division in its 22 findings increased the awards from $5.4 million 23 to $6,079,550. This increased award of 4716 1 $750,000 included wages lost by her premature 2 death and the value of her services as a home 3 maker. The Appellate Division also dismissed 4 the state's appeal which claimed the award to 5 Jane Doe was excessive. However, the Appellate 6 Division did uphold the lower court ruling that 7 the state could not be forced to pay the entire 8 amount at once. 9 Her attorney indicates that her 10 illness is progressing at a faster rate than 11 previously thought. Under state law, awards of 12 more than $250,000 may be paid in installments. 13 Because of testimony at her trial in the Court 14 of Claims, the court based the time period of 15 payment to her until her projected death in 16 1997. 17 Unfortunately, since that trial 18 last year, recent laboratory tests showed a 19 marked decline in Jane Doe's immune system which 20 caused the doctor who testified at her earlier 21 trial to modify his prognosis and tragically 22 predict Mrs. Doe's death in late 1995 or 1996. 23 Based upon this prediction, Mrs. Doe's family 4717 1 would be penalized by state statute. 2 Thus the stark reality is that 3 the state's negligence could cause Mrs. Doe's 4 premature death, and the statutory law of the 5 state will then allow the negligent party to 6 benefit from the negligence. 7 This bill would exempt this 8 particular plaintiff from the provisions of 9 Article 50-B of the CPLR law that terminates 10 non-economic loss payments upon the death of the 11 claimant. The Court of Claims already figured 12 Mrs. Doe's non-economic loss for a shortened 13 life span. To end the payment because she dies 14 earlier than that, would have the defendant in 15 this case saving money because of her earlier 16 demise or, in effect, getting away with murder. 17 Mr. President, that's the 18 explanation of the bill. 19 ACTING PRESIDENT VOLKER: Senator 20 Hoffmann. 21 SENATOR HOFFMANN: Thank you, Mr. 22 President. I happen to represent Jane Doe, and 23 I'm very familiar with this case as is Senator 4718 1 Sears and all of us who represent portions of 2 the Mohawk Valley. 3 Unfortunately, people all over 4 the United States are also familiar with this 5 case because the state of New York has already 6 been tried in the media. "60 Minutes" and other 7 television programs -- I believe it was "60 8 Minutes" -- have done lengthy stories on this 9 particular case, and I'm afraid the state of New 10 York comes out looking like a very uncaring 11 state government. And it troubles me that we 12 have to go to this length to make some changes. 13 For the record, I would like to 14 just mention that I did introduce a slightly 15 different bill. The bill that I prepared would 16 have structured the payments or rather allowed a 17 judge in this unique situation to structure the 18 payments taking into consideration both the 19 anticipated life span of the individual affected 20 as well as the state's ability to pay at the 21 time. I wanted to leave maximum discretion in 22 the judiciary branch. That bill, however, has 23 not moved. 4719 1 I am quite pleased to support 2 this bill as the only choice before us today to 3 rectify a terrible injustice. I think we would 4 be sending an extremely important message and a 5 message of kindness and compassion not only to 6 Jane Doe but to everyone working in health 7 professions across this state, specifically to 8 everyone working in the health field who comes 9 in contact with inmates who are now brought with 10 an alarming frequency into area hospitals 11 ill-equipped to treat every inmate as though he 12 or she is HIV positive when, in fact, many of 13 them are HIV positive. 14 We need to be sure that there is 15 a caring and compassionate medical community out 16 there able to deal with HIV- infected inmates. 17 To do anything less than this 18 bill to compensate Jane Doe and her family for 19 the terrible tragedy that has befallen them, I 20 think, would be a sign of enormous callousness 21 by this chamber. 22 So I would urge all of my 23 colleagues to please think very hard about the 4720 1 anguish experienced by Jane Doe and her family, 2 and let's give Senator Sears' bill the respect 3 that it deserves today. 4 SENATOR LEVY: Senator Halperin. 5 SENATOR HALPERIN: Mr. 6 President. I listened very carefully to the 7 statement that Senator Sears made on behalf of 8 -- I thought it was his constituent, but I 9 guess it's Senator Hoffmann's constituent, and 10 the compelling arguments as to why the 11 individual or in this case the entity, the state 12 of New York, which was in fact responsible for 13 causing this injury will now benefit from an 14 earlier death because of the nature of the 15 structured awards. 16 And Senator Sears referred to 17 this as a stark reality that the perpetrator of 18 this deed was now going to benefit, and Senator 19 Hoffmann referred to this as a unique 20 situation. 21 Well, I'm sure that every 22 situation is unique in its own way, but the 23 stark reality is that under the provisions of 4721 1 this legislation which I believe was voted upon 2 -- well, not believe -- I know was voted upon 3 by a majority of the members of this house and 4 the other house, that any individual who is 5 injured and dies sooner rather than later will 6 relieve the guilty party of the burden of paying 7 additional monies. So in this regard there is 8 nothing really that unique about in situation. 9 What this legislation is seeking 10 to do and in a very compelling manner based upon 11 the facts of this case, is to override a statute 12 which applies to anyone else who might be 13 injured by the state of New York in this entire 14 state, and I guess my question is, Senator 15 Sears, what about all of the other individuals, 16 perhaps a 12-year-old boy who was run over by a 17 truck driven by an intoxicated state employee 18 having his central portion of his body crushed, 19 his spinal cord severed, paralyzed, living in 20 pain and agony, and he ends up dying sooner 21 rather than later as was anticipated in the 22 structured award? Who is there to look out for 23 that individual? Who is there to look out for 4722 1 every other individual that may be injured in 2 this state? Are we going to be saying to 3 individuals who fall under these circumstances 4 that each and every time something happens and 5 you are going to end up dying sooner rather than 6 later that we go to the Legislature, who will 7 second guess the courts? 8 I mean I have a problem with the 9 structured award in the first place, and the 10 irony is here that I don't think that the court 11 should have been able to do this in the first 12 place. But now that that is the case, how do you 13 intend to distinguish between this case and many 14 others that may be existing but are not known to 15 us here in the Legislature? 16 SENATOR SEARS: If I may respond, 17 Senator. 18 ACTING PRESIDENT VOLKER: Senator 19 Sears. 20 SENATOR SEARS: I understand, I 21 think, although I can't recall which house I was 22 in when the structured award system was passed, 23 but it is -- my understanding is that it's the 4723 1 right of the defendant -- in this case it would 2 be the Attorney General -- to call for a 3 structured award. There is really no recourse 4 it is my understanding for the person who was 5 wronged in this case. 6 And I guess I would have to say 7 this, that many, many times in our job as 8 legislators, we find situations that may be in 9 statute but there has been a wrong done, at 10 least in our opinions. It may be a case of a 11 person who has requested the assistance of one 12 of us to straighten out a pension benefit that 13 he might have been denied through no fault of 14 his own. So we pass special legislation to 15 solve that problem. 16 In this particular instance - 17 and I know there are a lot of other cases as you 18 mention where certain things could happen to 19 certain individuals and you say who is going to 20 look out for them? I think it would be the 21 choice of any Senator who represents a given 22 district to make that determination if a 23 particular situation would warrant some special 4724 1 legislation to solve a certain situation. We've 2 done it before. I'm sure we will do it in the 3 future. 4 In this case, I just feel that 5 because of the nature of the negligence of the 6 correction officers -- I don't know if they ever 7 served any time or were ever penalized; but when 8 they were asked I don't know how many times to 9 "Come, please help us; we can't keep this 10 prisoner under control," and they absolutely 11 stood there and refused, that's one of the 12 reasons the plaintiff in this case won the trial 13 because there was no one there to give help 14 under the law as they were required to do. 15 Because of the circumstances 16 surrounding this individual's case, I think that 17 special legislation in this case, which is not 18 going to change the section of the law forever, 19 it is one individual case, one individual law to 20 affect one person -- I think in the future any 21 situation similar would have to be based on the 22 merits. 23 ACTING PRESIDENT VOLKER: Senator 4725 1 Nozzolio. 2 SENATOR NOZZOLIO: Thank you, Mr. 3 President. On the bill. 4 Mr. President, I support this 5 measure, but ask this body to appreciate the 6 broader issue which comes before it, and that's 7 the issue of our correctional personnel, the men 8 and women, the correction officers, the nurses, 9 the other prison employees who must work on a 10 daily basis under very stressful conditions, and 11 those conditions are not only stressful as this 12 measure points out, those conditions are 13 life-threatening. As the issue of AIDS has 14 escalated, as the issue of AIDS in prison has 15 grown to crisis proportion, the issue of our 16 prison employees receiving a death sentence 17 because of the activities of inmates who are 18 infected with HIV, who are infected with the 19 AIDS virus, that our prison personnel are 20 continually at risk. 21 And the response of this 22 government has not been significant. It has not 23 been significant enough to protect those who are 4726 1 working behind the bars and walls; that this 2 risk of our correctional personnel could be 3 mitigated by a broader based testing and 4 isolation of prison inmates and by severe or 5 stricter precautions in favor of those 6 correctional personnel. 7 I have had a bill in for a number 8 of years in the Assembly -- I'm supporting it in 9 the Senate -- that would make any inmate who 10 attacks a prison personnel with their bodily 11 fluids would in fact be guilty of attempted 12 murder. 13 We have here not an attempted 14 murder but a murder, a death that's resulted 15 from this type of conduct. I hope that this is 16 the last case that will be ever before this body 17 of such a circumstance, but it won't be the last 18 case unless adequate precautions are taken on 19 behalf of protecting correctional officers, 20 correctional personnel, including the tragedy of 21 the nurse that took place here in this case. 22 I support the bill. I applaud 23 its sponsors but hope that it will be a cause 4727 1 for a broader call to protecting those who work 2 behind the walls. 3 ACTING PRESIDENT VOLKER: Senator 4 Gold. 5 SENATOR GOLD: Mr. President. 6 This is a terrible, terrible, terrible case and 7 that's why I assume the plaintiff won. I don't 8 think that there is anybody who is raising 9 questions about this procedure who is justifying 10 anything the state did in terms of causing the 11 injury, but I think we're getting lost. 12 And I just want to ask a couple 13 of questions, Senator Sears, to find out whether 14 or not we are lost or what's going on here. 15 I'm looking at your memo. I 16 understand that the economic loss was not 17 structured. Isn't that so? That the economic 18 loss was paid. That the structure deals with 19 the non-economic loss. 20 SENATOR SEARS: Deals with 21 economic loss. 22 SENATOR GOLD: No, with the non. 23 Senator, if you will yield to a question? 4728 1 SENATOR SEARS: Yes. 2 ACTING PRESIDENT VOLKER: Senator 3 yields. 4 SENATOR GOLD: Your memo says 5 specifically "her future conscious pain and 6 suffering." Now, I wish the woman would 7 miraculously recover; but if she doesn't recover 8 and she has, God forbid, only the one year -- on 9 the other hand, she shouldn't have pain. It's a 10 crazy dichotomy. But if she only has one year 11 and she gets paid for the one year, she's 12 basically been paid 100 cents on the dollar for 13 all of her pain and suffering and for her 14 economic loss; isn't that a fact? 15 SENATOR SEARS: That's true. 16 SENATOR GOLD: So, Senator, by 17 following the statute and not passing your bill, 18 the woman would get 100 cents on the dollar from 19 the negligent party for all of the pain and 20 suffering that was caused her. The only things 21 that would result by your bill, I believe, is 22 that if she died earlier, God forbid, there 23 would be money for the heirs or whatever. And 4729 1 isn't it a fact that our statute doesn't provide 2 for awards for the family? You may get money 3 from 17,000 different ways and leave it to your 4 family. But isn't it a fact that we do not have 5 a procedure here for giving awards to heirs? 6 SENATOR SEARS: That may be the 7 case that we don't have. My bill would take 8 care of that situation in this case, where we 9 would be giving some monetary pain and suffering 10 and loss of services of the housemaker, loss of 11 a mother and so on. That's the reason for the 12 bill. 13 SENATOR GOLD: Thank you, 14 Senator. 15 Mr. President. 16 ACTING PRESIDENT VOLKER: Senator 17 Gold, on the bill. 18 SENATOR GOLD: I know what's in 19 the hearts and minds of many of the people here 20 today. We start out with a very tragic case, 21 and nobody wants a finger pointed at them that 22 the state of New York has no heart as was very 23 well pointed out by Senator Hoffmann; and, 4730 1 certainly, as a member of the Legislature, I 2 don't want people to say I have no heart. 3 But we really ought to understand 4 what we are being asked to do in this bill. We 5 are not being asked in this bill to compensate 6 the woman for her pain and suffering, et cetera, 7 et cetera. We're being asked to throw in a 8 bonus which does not exist in the law. 9 A court has determined that she 10 should get a certain amount of value for her 11 "future pain and suffering," and if she lives 12 these years, she gets compensated by the 13 negligent party, the state of New York, for her 14 pain and suffering. That's what the structured 15 award does. 16 Now that it appears according to 17 Senator Sears, and I have no reason to doubt 18 him, that she might not live for that 5.5 years, 19 this law seeks to protect a balloon for heirs. 20 Now, the heirs are not the ones 21 suffering in that sense. Heirs suffer, but they 22 suffer in every case where you have got 23 negligence. 4731 1 I know of a case where a 2 youngster was hit by a car and is handicapped 3 because of that, and it's the parents who day by 4 day struggle to give that child a meaningful 5 life; and if you give money to the child, yes, 6 it's compensation but the parents get nothing. 7 The family whose hearts go out every day get 8 nothing. 9 So I think we ought to understand 10 what we are doing. This is not a situation 11 where we are being asked to give compensation, 12 just compensation to someone who is the subject 13 of a tragedy. The woman is the subject of the 14 tragedy. The state is wrong. There is no 15 justification. But the bottom line of this bill 16 if we pass it is that we are going far beyond 17 that, and it raises significant questions as 18 pointed out by Senator Halperin as to how we 19 handle anyone who has been injured by the state 20 of New York. 21 I want to close by making one 22 point. Senator Trunzo and I have been on the 23 same side of an issue for about two or three 4732 1 years now, in trying to convince the Assembly to 2 pass legislation that would open an avenue to 3 all people who have been injured in their 4 pension plan because of negligence or whatever 5 so that they can all be helped. We have been 6 unsuccessful, and the result has been a 7 bombardment of this Legislature with bills to 8 correct each individual case. 9 I don't know if we were to pass 10 this bill what now happens to our mail. Because 11 every one of you must have somebody living in 12 the district who is injured in some way with a 13 structured settlement; and how do you answer 14 that person when they tell you that we have 15 given this woman not only a structured 16 settlement but a balloon or the effects of that 17 balloon, and we're not going to do it for 18 anybody else? And you are going to open that 19 door. 20 This is a toughie, believe me. 21 Whenever you deal with someone in a tragic 22 situation like this, your heart goes out. It's 23 got to go out, but I don't know how responsibly 4733 1 we act in this way, and I know a lot of people 2 are saying, "My God, Manny's right, but I'm not 3 going to be the one to vote no on this one," or 4 what have you. 5 But I think in some respects we 6 have to judge what we do and understand what 7 doors we open up. I think that Senator Sears is 8 to be commended. He's a good man with a good 9 heart. There is no doubt about that. But I 10 think that this is a very very dangerous 11 precedent. If it's one we want to start, if it's 12 a door we want to open, then just don't be 13 surprised if it stays open. 14 SENATOR CONNOR: Mr. President. 15 ACTING PRESIDENT VOLKER: Senator 16 Dollinger is next. 17 SENATOR DOLLINGER: I will yield 18 to Senator Connor since he is up. 19 ACTING PRESIDENT VOLKER: Senator 20 Dollinger yields to you, Senator Connor. 21 SENATOR CONNOR: Thank you, 22 Senator. 23 Mr. President. As Senator Gold 4734 1 pointed out, this is a difficult vote, and I was 2 first told about this bill yesterday before the 3 Rules Committee, and my reaction to the counsel 4 who said this probably has constitutional 5 problems and whatever was, "Forget it, I'm 6 voting for it." You know. 7 I know the case. I read about 8 the case. I think we all did. It was highly 9 publicized but, you know, as I sat here I 10 thought of several things. 11 I thought of a number of years 12 ago. Many of you may not have been here, but 13 once upon a time, some eight or nine years ago, 14 there was a heart rending custody case on the 15 front pages of a major daily newspaper. A woman 16 who had been a foster parent for many, many 17 years, the child was removed from her custody, 18 put somewhere else. Senator Goodhue had 19 hearings on it, confidential hearings, and a 20 colleague of mine who then sat next to me who is 21 no longer with us here put a bill in. Got a lot 22 of press. The bill would have taken custody, 23 which Family Court had awarded to some other 4735 1 person, and reversed that judgment of all the 2 court systems because there had been appeals and 3 put it back in the hands of this wonderful, nice 4 lady who had ninety dolls and who was sitting 5 right up there, sitting right up there with her 6 lawyer, with reporters. This was announced as 7 the day -- the day that the Legislature was 8 going to put this terrible situation right. 9 And I remember the Majority 10 Leader at the time approaching the Minority and 11 saying, Hey, we have to be responsible on this. 12 That's why we have courts. We don't sit as the 13 House of Lords to reverse court decisions we 14 don't like. And, in fact, that bill was 15 defeated not because people didn't feel for that 16 woman, and that was a vote where you had to look 17 her in the eye and vote. 18 I'm reminded of that because we 19 do have laws that apply to everyone. I'm 20 reminded of another situation. 21 There is a young man in my 22 district who approached me about six months 23 ago. I saw him again just two weeks ago when I 4736 1 took my children to a park on the Lower East 2 Side. He came over, "Senator," he hugged me, 3 "can you help me?" The man limps; he was 4 disfigured; he was horribly injured. 5 I have looked at his case through 6 news clippings. It was a somewhat noteworthy 7 negligence case in New York City, where he was 8 awarded over $6 million for the combined 9 negligence -- I think the tort feasors were the 10 city and there was another tortfeasor who was a 11 private individual. And he won his case. 12 Apparently, unbeknownst to him, 13 somehow the judge reduced the verdict, and then 14 there was a botched appeal, and then his lawyer 15 didn't file some paper on the appeal on time, 16 and it was dismissed, and he left without a 17 farthing, and he still lives in single room 18 occupancy on the Lower East Side. 19 He is a young man who you look at 20 him you know he will never work again. And if 21 you read the accounts of his injuries, he was 22 not expected to live. He was hospitalized and 23 suffered for years. 4737 1 He came to me, "Senator, you know 2 I've won. I won my malpractice suit against my 3 lawyer, but it turns out he didn't have 4 insurance and whatever and I can't get anything 5 out of him," and the city and the other 6 tortfeasors, they are getting off the hook 7 because the appeal was botched. You know, I 8 don't think I'm heartless, you know. 9 In fact, I may reverse. If you 10 are all serious about doing this bill, I say 11 reverse what I told him in that park which was 12 what I had told him months before; and that was, 13 we can't just take a bill like this and say 14 let's say -- certainly for the city's liability 15 or whatever say, "Let's give them the 3 million 16 that's their half. Let's give him the $3 17 million." 18 That would be a gift. We are 19 barred by our Constitution from giving gifts. 20 Now, as Senator Gold pointed out, this 21 particular woman in this very tragic case has 22 been compensated for economic loss and will 23 certainly be compensated for pain and suffering 4738 1 for the length of time that regrettably she must 2 endure that pain and suffering. 3 But anything above that is a 4 bonus under the laws that you pushed and you 5 passed and the Majority in this house with some 6 support on this side. I opposed structured 7 settlements. I have always said, You want to 8 have tort reform, let's have tort reform. Let's 9 not -- and many of you supported an absolute 10 cap, a $100,000 cap on pain and suffering. I 11 remember that bill coming out here. 12 Think of what she would get if 13 that bill had passed. And now confronted with a 14 real flesh and blood tragedy of one of these 15 tort cases, where are your principles? Where is 16 your tort limit caps? Where is your pain and 17 suffering caps? 18 We are sticking to the structured 19 settlement that you enacted in this house and 20 that you finally got the other house to accept. 21 Because for this heart rending story, there are 22 thousands of other stories like it throughout 23 the state of people who are victims of 4739 1 negligence and wrongdoing, sometimes by the 2 state, its agents, by localities, or by other 3 tortfeasors. 4 And, you know, it's real easy to 5 vote for this, you know. But it would be real 6 easy to bring out bill after bill after bill, 7 and I could get up and I would fill in all the 8 details about the young man I just spoke about 9 that I ran into in Tompkins Square Park a few 10 weeks ago, you know. 11 The letter of the laws we've 12 passed over the years and enacted really put the 13 screws to him. He is really injured, he really 14 suffered; and because of a technicality in the 15 CPLR of when his lawyer should have filed 16 appeal, and so on and so forth, he's out of the 17 $6 million that a court found were his losses. 18 Actually, they lowered it to $3.2 million. But 19 he gets nothing now, nothing. Because of the 20 laws we have on the books. 21 Now, if you pass this, I would 22 like someone to tell me I can put a bill in for 23 this young man and take some action on it in the 4740 1 next couple of weeks. 2 ACTING PRESIDENT VOLKER: Excuse 3 me, Senator. 4 Senator Mendez, why do you rise? 5 SENATOR MENDEZ: Just one 6 question. 7 ACTING PRESIDENT VOLKER: 8 Certainly, Senator. 9 SENATOR CONNOR: Yes. 10 ACTING PRESIDENT VOLKER: Senator 11 Connor yields. 12 SENATOR MENDEZ: I would like to 13 know. Did anything happen to that lawyer that 14 botched the appeal and that deprived this man of 15 his just compensation? 16 SENATOR CONNOR: He's been 17 disbarred, Senator. That's what the 18 disciplinary decision that he showed me in the 19 park two weeks ago. 20 SENATOR MENDEZ: Thank you. 21 SENATOR CONNOR: He's been 22 disbarred, but this young man doesn't have any 23 money in his pocket. He doesn't have a nice 4741 1 place to live. He can't afford his medical 2 bills. 3 But, you know, are there hard 4 cases under the laws we pass? Yes, there are. 5 And in this particular case, the 6 person has been compensated for her economic 7 losses and to be compensated for the pain and 8 suffering that she endured regrettably. 9 You know, I don't understand, 10 coming from the side of the aisle that wanted a 11 $100,000 cap on all pain and suffering. Does 12 that mean you will have a $100,000 cap until one 13 of you has a constituent that's really in tragic 14 circumstances, and then we'll have a bill. 15 "Oh-oh, lookit, this is awful suffering. Let's 16 give $2 million in suffering on this one." I 17 don't understand it. 18 And if we start doing this, I 19 guarantee you within our districts there are 20 hundreds and hundreds if not thousands of cases 21 of people who because of the letter of the law 22 and the way it was applied will come to us and 23 say, "But my situation is so tragic, it got 4742 1 press, it provoked tears, real tears." Who 2 wants to hear about these? 3 These are real every day 4 tragedies of this life is made. And I suggest, 5 Mr. President, that as well intentioned as this 6 bill is and as appealing for a yes vote as this 7 bill is -- I mean my first -- and up until I 8 guess Senator Halperin said something, I was 9 sitting here saying, "This bill isn't exactly 10 right on the law; but, gee, who wants to vote 11 against it?" 12 I just can't bring myself to vote 13 against it. Let the people who wanted a hundred 14 thousand dollar on pain and suffering vote for 15 this and let them try and explain that next time 16 we have a tort reform debate. 17 ACTING PRESIDENT VOLKER: Senator 18 Dollinger. 19 SENATOR DOLLINGER: Thank you, 20 Mr. President. Frankly, my colleagues both in 21 this chamber and at the bar have spoken about 22 what impact this bill would have on the tort law 23 of this state, and I guess I have to join 4743 1 Senator Connor, Senator Gold and Senator 2 Halperin before me, in that old saw, that old 3 adage about "Bad facts make bad law." 4 This is a case which, 5 unfortunately, because of the dynamics of our 6 municipal tort reform, our law that we passed 7 because governments wanted it, because we were 8 going to take away a mandate, because we were 9 going to give governments the ability to not 10 have to pay money after someone had died, we 11 were going to save governments that money. 12 So the whole point as I 13 understood municipal tort reform, although I 14 wasn't a member of this chamber at the time it 15 was passed, it was designed to protect local 16 governments; that we were going to say to them 17 if the plaintiff died prematurely, the local 18 government would no longer have the obligation 19 to pay for non-economic loss for pain and 20 suffering since it had ended, since it was 21 finite. 22 And it seems to me in the context 23 of this case, we're in the business of another 4744 1 one of the coordinated branches of government 2 where we don't belong. This trial judge 3 concluded that living 5.5 years with the HIV 4 virus and with AIDS was worth $3.5 million in 5 non-economic pain and suffering. 6 I query, had that number been 7 instead of $5.5 million but instead 3.5 million 8 or 2.5 million, which may be the actual fact, 9 would that trial judge or Court of Claims judge 10 also have awarded 3.5 million or would he have 11 awarded some lesser sum. 12 But passing this bill, we're 13 taking the trial judge's opinion and saying that 14 3.5 million over 5.5 years is the same as 3.5 15 million over some lesser number, which I submit 16 is interfering with the judgment of a court 17 gathered on all the facts, made after arguments 18 by both sides, fully briefed I'm sure, and 19 allowing the judicial process to make that 20 judgment call. 21 If the facts were different, if 22 there were a different life span, we might have 23 a different number. 4745 1 Senator Sears' bill seeks to take 2 the 3.5 million for 5.5 years and say no matter 3 how long the time period is 3.5 million is the 4 right number to compensate that. I think that 5 that demonstrates the great, great danger of 6 this body getting involved in becoming another 7 appellate court. That isn't where we belong. 8 We don't belong in the judicial business. We 9 belong in the legislative business. 10 And I will submit, Mr. President, 11 to conclude that the danger that Senator Connor 12 talked about, that Senator Gold talked about and 13 Senator Halperin talked about, which is that 14 this bill will create a huge gaping hole in the 15 municipal tort reform that was passed by the 16 other side of the aisle creates a grave danger 17 that we will become a court of last resort; that 18 our job will be to rectify every inequity in 19 every statute that we impose no matter whether 20 it has a basis of law or whether it has a basis 21 in the public sympathy, and we will be in the 22 position of being flooded with these requests 23 for appellate review to clarify, to correct the 4746 1 perceived injustice in statutes that we pass or 2 that were passed by this body for what everybody 3 who supported it thought was a laudable purpose; 4 and that is, municipal tort reform to not have 5 the government in the position of making an 6 equivalent of a gift after the period of pain 7 and suffering has ended. 8 So I ask all my colleagues, look 9 at the danger that this bill poses. Look at the 10 exceptions that you are making. I think that 11 you are making an exception that will all but 12 swallow the law; and, lo and behold, this body 13 and this Legislature and this Governor are going 14 to take over the business of the courts. We 15 will become the court of last resort whenever 16 there is any inequity under the broad status 17 that we create. That is a mistake. 18 ACTING PRESIDENT VOLKER: Senator 19 Solomon. 20 SENATOR GOLD: Can I? 21 ACTING PRESIDENT VOLKER: Oh, I'm 22 sorry. Are you finished, Senator Dollinger? 23 SENATOR DOLLINGER: Yes. 4747 1 SENATOR GOLD: Should I ask 2 Senator Solomon the courtesy of asking one 3 question of Senator Sears before he speaks? 4 ACTING PRESIDENT VOLKER: Senator 5 Solomon yields to Senator Gold to ask a question 6 of Senator Sears. 7 SENATOR GOLD: Senator Sears. 8 SENATOR SEARS: Yes. 9 SENATOR GOLD: As I have already 10 said I mean there is no question but that 11 everybody in the chamber admires your trying to 12 do the right thing for this person. 13 But I would just like to point 14 out something to you, and you may want to hold 15 the bill, I don't know. 16 I think you have a major drafting 17 problem. Your memorandum says that the bill 18 makes it so that Section 50-B shall not apply, 19 but that's not what the bill says. If I read the 20 part of the bill that's the law, it says that 21 upon the death of the person, the Comptroller is 22 directed to compute the balance owed to her, 23 quotes, "pursuant to the judgment rendered." 4748 1 If the Comptroller issues a 2 report that pursuant to the judgment there was 3 nothing due to her because there was a 4 structured settlement, the case is over and we 5 haven't done for her what you think you are 6 doing. There is no reference in any of your new 7 language which says, Senator -- and I'm saying 8 this respectfully, you know that there is 9 nothing in your new language that says, quotes, 10 "irrespective of Section 50-B." There's 11 nothing in your new language that says, "The 12 Comptroller shall take whatever money is paid 13 from the amount of 5.5 and pay the balance." 14 In other words, I just want you 15 to understand -- I don't agree with what you are 16 doing, but I think we ought to at least as a 17 body have it in a form where, if we decide to do 18 it, we do it, and I'm just saying that 19 respectfully. You may want to take another 20 look. 21 SENATOR SEARS: I think you have 22 a good point, Senator. I want to be fair about 23 it. I want the bill, of course. I think your 4749 1 recommendation would make a better bill. 2 I want the bill laid aside so we 3 can amend it. We will put it back on the 4 calendar. 5 SENATOR GOLD: Thank you, sir. 6 ACTING PRESIDENT VOLKER: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 1056, by Senator Present, Senate Bill Number 10 5785, an act to amend the General Municipal 11 Law. 12 SENATOR PRESENT: Lay it aside 13 for the day. 14 ACTING PRESIDENT VOLKER: Lay it 15 aside until Monday. 16 THE SECRETARY: Calendar Number 17 1057, by Senator Libous, Senate Bill Number 18 5791, Uniform Justice Court Act. 19 SENATOR GOLD: Can we lay it over 20 a day? 21 SENATOR PRESENT: Lay it aside 22 for the day. 23 ACTING PRESIDENT VOLKER: Lay it 4750 1 aside for the day. 2 Senator Present, that's all we 3 have here, but I think we have some motions. 4 SENATOR PRESENT: Why don't you 5 take care of the motions and other necessary 6 housekeeping? 7 ACTING PRESIDENT VOLKER: Senator 8 Sears first. 9 SENATOR SEARS: Mr. President, I 10 move to recommit Senate Print 3740-A, Calendar 11 Number 861, Third Reading, to the Committee on 12 Codes with instructions to said committee to 13 strike out the enacting clause. 14 ACTING PRESIDENT VOLKER: Without 15 objection, Calendar 861, Senate 3740, 16 recommitted. 17 Senator Kuhl. 18 SENATOR KUHL: Yes, Mr. 19 President. May I have unanimous consent to be 20 recorded in the negative on Calendar Number 771, 21 page 18. 22 ACTING PRESIDENT VOLKER: Without 23 objection, Senator Kuhl in the negative. 4751 1 Senator Johnson. 2 SENATOR JOHNSON: Mr. President, 3 I also request unanimous consent to be recorded 4 in the negative on Calendar 771. 5 ACTING PRESIDENT VOLKER: Senator 6 Johnson, without objection, in the negative on 7 771. 8 Senator Seward. 9 SENATOR SEWARD: I likewise would 10 ask unanimous consent to be recorded in the 11 negative on Calendar 771. 12 ACTING PRESIDENT VOLKER: Senator 13 Seward, without objection, in the negative on 14 771. 15 Senator Present. 16 SENATOR PRESENT: Mr. President, 17 on behalf of Senator Hannon, would you please 18 put a sponsor star on Calendar 61, Senate Print 19 280. 20 ACTING PRESIDENT VOLKER: Without 21 objection, sponsor star. 22 Senator Present, we have two subs 23 here at the desk, and then we have one more 4752 1 motion, I believe, to make. Can we do the subs? 2 SENATOR PRESENT: Yes. 3 THE SECRETARY: On page 6 of 4 today's calendar, Senator Stafford moves to 5 discharge the Committee on Rules from Assembly 6 Bill Number 4063A and substitute it for the 7 identical Third Reading 229. 8 ACTING PRESIDENT VOLKER: 9 Substitution ordered. 10 THE SECRETARY: Also, on page 23, 11 Senator Johnson moves to discharge the Committee 12 on Rules from Assembly Bill Number 7602B and 13 substitute it for the identical Third Reading 14 677. 15 ACTING PRESIDENT VOLKER: 16 Substitution ordered. 17 Senator Present. 18 SENATOR PRESENT: Mr. President, 19 on behalf of Senator Stafford, I wish to call up 20 his bill, Print 4237, recalled from the 21 Assembly, which is now at the desk. 22 ACTING PRESIDENT VOLKER: Clerk 23 will read. 4753 1 THE SECRETARY: By Senator 2 Stafford, Senate Bill Number 4237, an act 3 relating to state aid to the North Warren 4 Central School District. 5 SENATOR PRESENT: Mr. President. I 6 now move to reconsider the vote by which this 7 bill was passed. 8 ACTING PRESIDENT VOLKER: The 9 Secretary will call the roll on reconsideration. 10 (The Secretary called the roll on 11 reconsideration.) 12 THE SECRETARY: Ayes 57. 13 ACTING PRESIDENT VOLKER: The bill 14 is before the house. 15 SENATOR PRESENT: Mr. President, I 16 now offer the following amendments. 17 ACTING PRESIDENT VOLKER: Bill is 18 reconsidered and the amendments are received and 19 adopted. 20 Senator Larkin. 21 SENATOR LARKIN: Mr. President, on 22 behalf of Senator Levy, on page 39, I offer the 23 following amendments to Calendar 890, Senate 4754 1 Print 1003, and ask that the bill retain its 2 place on third reading. 3 ACTING PRESIDENT VOLKER: 4 Amendments are received and adopted. 5 SENATOR PRESENT: Mr. President. 6 We're awaiting an amendment to a bill, so I move 7 that we stand at ease, and we will reconvene to 8 accept those amendments. And following that, I 9 will adjourn until Monday. 10 ACTING PRESIDENT VOLKER: Senate 11 will recess until an amendment is received and 12 then we will adjourn until Monday at the regular 13 time. 14 (Whereupon, at 2:33 p.m., Senate 15 was at ease.) 16 (Whereupon, at 2:35 p.m., Senate 17 reconvened.) 18 SENATOR PRESENT: Mr. President. 19 ACTING PRESIDENT VOLKER: Senator 20 Present. 21 SENATOR PRESENT: Would you 22 recognize Senator Hannon, please? 23 ACTING PRESIDENT VOLKER: 4755 1 Recognize Senator Hannon for a motion. 2 SENATOR HANNON: Yes, Mr. 3 President. On page 15, I offer the following 4 amendments to Calendar Number 689, which is 5 Senate Print 3424, and I ask that the bill 6 retain its place on the Third Reading Calendar. 7 ACTING PRESIDENT VOLKER: 8 Amendments are received and adopted. 9 SENATOR PRESENT: Mr. President. 10 ACTING PRESIDENT VOLKER: Senator 11 Present. 12 SENATOR PRESENT: There being no 13 further business, I move that we adjourn until 14 Monday, June 14, at 2:30 p.m., intervening days 15 being legislative days. 16 ACTING PRESIDENT VOLKER: Senate 17 is adjourned until Monday, June 14, at the 18 regular hour. 19 (Whereupon, at 2:36 p.m., Senate 20 adjourned.) 21 22 23