Regular Session - June 9, 1993
4637
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9 ALBANY, NEW YORK
10 June 9, 1993
11 12:40 p.m.
12
13
14 REGULAR SESSION
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18 SENATOR FRANK PADAVAN, Acting President
19 STEPHEN F. SLOAN, Secretary
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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