Regular Session - June 8, 2004
3269
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 8, 2004
3:06 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
3270
P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, June 7, the Senate met pursuant to
adjournment. The Journal of Sunday, June 6,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
3271
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
I wish to call up Calendar Number
1221, Assembly Print Number 4881.
THE SECRETARY: Calendar Number
1221, by Member of the Assembly Stringer,
Assembly Print Number 4881, an act to amend
the Executive Law.
SENATOR McGEE: On behalf of
Senator Rath, I now move to reconsider the
vote by which the Assembly bill was
substituted for her bill, Senate Print Number
6130, on 5/20.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
SENATOR McGEE: I now move that
3272
the Assembly Bill Number 4881 be recommitted
to the Committee on Finance, and that Senator
Rath's Senate bill be restored to the order of
Third Reading Calendar.
THE PRESIDENT: So ordered.
SENATOR McGEE: Thank you.
THE PRESIDENT: Senator McGee.
SENATOR McGEE: Madam President,
on behalf of Senator Robach, on page number 63
I offer the following amendments to Calendar
Number 1288, Senate Print Number 6388, and ask
that said bill retain its place on Third
Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
On behalf of Senator LaValle, I
wish to call up his bill, Senate Print Number
2611, recalled from the Assembly, which is now
at the desk.
THE PRESIDENT: The Secretary
will read.
3273
THE SECRETARY: Calendar Number
97, by Senator LaValle, Senate Print 2611, an
act to authorize payment.
SENATOR MEIER: Madam President,
I now move to reconsider the vote by which
this bill was passed and ask that the bill be
restored to the order of third reading.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
SENATOR MEIER: Madam President,
I now offer up the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR MEIER: Thank you, Madam
President.
I now wish, on behalf of Senator
Libous, to call up his bill, Senate Print
2577, recalled from the Assembly, which is now
at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
433, by Senator Libous, Senate Print 2577, an
3274
act authorizing the Commissioner of
Transportation.
SENATOR MEIER: Madam President,
I now move to reconsider the vote by which
this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
SENATOR MEIER: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR MEIER: Thank you.
THE PRESIDENT: Senator Morahan.
SENATOR MORAHAN: Are there any
substitutions at the desk, Madam President?
THE PRESIDENT: Yes, there are,
Senator.
The Secretary will read.
THE SECRETARY: On page 6,
Senator Morahan moves to discharge, from the
Committee on Rules, Assembly Bill Number 7899
and substitute it for the identical Senate
Bill Number 3046, Third Reading Calendar 102.
3275
On page 17, Senator Morahan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9661 and substitute it
for the identical Senate Bill Number 5900,
Third Reading Calendar 443.
On page 22, Senator Marchi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10903A and substitute it
for the identical Senate Bill Number 6477A,
Third Reading Calendar 598.
On page 25, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10875 and substitute it
for the identical Senate Bill Number 6465,
Third Reading Calendar 669.
On page 25, Senator Bonacic moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11162A and substitute it
for the identical Senate Bill Number 6392A,
Third Reading Calendar 676.
On page 28, Senator Nozzolio moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9476B and substitute it
for the identical Senate Bill Number 5926B,
Third Reading Calendar 756.
3276
On page 38, Senator Balboni moves
to discharge, from the Committee on Finance,
Assembly Bill Number 9598 and substitute it
for the identical Senate Bill Number 2500B,
Third Reading Calendar 941.
On page 66, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10818 and substitute it
for the identical Senate Bill Number 7004A,
Third Reading Calendar 1323.
On page 75, Senator Little moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11198 and substitute it
for the identical Senate Bill Number 7355,
Third Reading Calendar 1459.
On page 76, Senator Hoffmann moves
to discharge, from the Committee on Local
Government, Assembly Bill Number 9038 and
substitute it for the identical Senate Bill
Number 4727A, Third Reading Calendar 1466.
On page 76, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5089A and substitute it
for the identical Senate Bill Number 5096B,
Third Reading Calendar 1467.
3277
On page 76, Senator Gonzalez moves
to discharge, from the Committee on
Investigations and Government Operations,
Assembly Bill Number 8952A and substitute it
for the identical Senate Bill Number 5530A,
Third Reading Calendar 1470.
And on page 76, Senator McGee moves
to discharge, from the Committee on Education,
Assembly Bill Number 9072 and substitute it
for the identical Senate Bill Number 5594,
Third Reading Calendar 1471.
THE PRESIDENT: Substitutions
ordered.
Senator Morahan.
SENATOR MORAHAN: Madam
President, could we adopt the Resolution
Calendar in its entirety.
THE PRESIDENT: The motion is to
adopt the Resolution Calendar. All in favor
please indicate by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is so adopted.
3278
Senator Morahan.
SENATOR MORAHAN: Could we have
the noncontroversial reading of the calendar,
Madam President.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
669, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
10875, an act to amend the Banking Law, in
relation to the powers of the Superintendent
of Banks.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
792, by Senator Larkin, Senate Print 6302A, an
act to amend the Alcoholic Beverage Control
Law, in relation to authorizing.
3279
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
793, by Senator Larkin, Senate Print 6303A, an
act to amend the Alcoholic Beverage Control
Law, in relation to certain distiller's
licenses.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
3280
996, by Senator Spano, Senate Print 5908A, an
act to amend the Highway Law, in relation to
designating Route 141 in the County of
Westchester.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1012, by Member of the Assembly Magee,
Assembly Print Number 9834, an act to amend
the Alcoholic Beverage Control Law, in
relation to certain licenses.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
3281
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1018, by Member of the Assembly Galef,
Assembly Print Number 9706, an act to amend
the Education Law, in relation to making a
technical correction.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1044, by Senator Marcellino, Senate Print
6420A, an act to amend the Real Property Tax
Law, in relation to calculation.
ACTING PRESIDENT MEIER: Read the
last section.
3282
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1068, by Senator Hoffmann, Senate Print 6452,
an act to amend the Agriculture and Markets
Law, in relation to licensing of dogs.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 10. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1111, by Member of the Assembly Lentol,
Assembly Print Number 5281B, an act to amend
3283
the Civil Practice Law and Rules, in relation
to requiring.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1114, by Senator Robach, Senate Print 1202, an
act to amend the Penal Law, in relation to
assault upon a police or peace officer.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
3284
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1205, by Senator Paterson, Senate Print 5305A,
an act authorizing the City of New York to
reconvey title.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1210, by Member of the Assembly Schimminger,
Assembly Print Number 6035, an act to amend
the State Finance Law, in relation to
extending.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 8. This
3285
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1215, by Senator Johnson, Senate Print 5141,
an act to amend the Public Officers Law, in
relation to allowing state officers.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1216, by Senator Johnson, Senate Print --
SENATOR MORAHAN: Lay it aside
for the day.
3286
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1226, by Senator Padavan, Senate Print 6550,
an act to amend the Executive Law, in relation
to establishing the first day of the first
month of the lunar calendar as a day of
commemoration.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1231, by Senator Johnson --
SENATOR MORAHAN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1249, by Member of the Assembly Sweeney,
3287
Assembly Print Number 10040A, an act to amend
the Vehicle and Traffic Law, in relation to
restricting the use of green lights.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1251, by Senator Kuhl, Senate Print 7199, an
act to amend the Public Authorities Law, in
relation to station operation and maintenance.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
3288
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1253, by Member of the Assembly Lavelle,
Assembly Print Number 9670A, an act to amend
the Vehicle and Traffic Law, in relation to
the operation of a motor vehicle.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1256, by Senator Libous, Senate Print 3770, an
act to amend the Religious Corporations Law,
in relation to the sale, mortgage and lease of
real property.
ACTING PRESIDENT MEIER: Read the
last section.
3289
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1263, by Senator LaValle, Senate Print 6873,
an act in relation to directing the Education
Department to issue certain state aid.
ACTING PRESIDENT MEIER: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1264, by the Assembly Committee on Rules,
3290
Assembly Print Number 10936, an act to amend
the Education Law, in relation to extending
the date of reporting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1271, by Senator Maltese, Senate Print 2978A,
an act to amend the General Municipal Law, in
relation to providing special accidental death
benefits.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
3291
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1283, by Member of the Assembly Hoyt, Assembly
Print Number 9544, an act to reopen the
optional twenty-year retirement plan.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1297, by Senator Mendez, Senate Print 7289, an
act to amend the Retirement and Social
Security Law, in relation to the retirement of
certain peace officers.
ACTING PRESIDENT MEIER: Read the
last section.
3292
THE SECRETARY: Section 11. This
act shall take effect on the first of April.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1309, by Member of the Assembly R. Diaz,
Assembly Print Number 10083, an act to amend
the State Administrative Procedure Act, in
relation to regulatory agendas.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1318, by the Assembly Committee on Rules,
3293
Assembly Print Number 10882, an act directing
the Commissioner of Environmental Conservation
to conduct a study.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of April.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1341, by Senator Alesi, Senate Print 6099, an
act to amend the General Municipal Law, in
relation to bureaus of administrative
adjudication.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
3294
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1352, by Senator Morahan, Senate Print
6824A --
SENATOR MORAHAN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1355, by Senator Leibell, Senate Print 6858,
an act to amend the General Municipal Law, in
relation to bureaus of administrative
adjudication.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
3295
is passed.
THE SECRETARY: Calendar Number
1356, by Senator Fuschillo, Senate Print
6889A, an act in relation to permitting the
Long Island Progressive Missionary Baptist
Church.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1361, by Senator Morahan, Senate Print 7171,
an act to authorize the County of Rockland to
discontinue the use of certain lands.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
3296
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1382, by Senator LaValle, Senate Print 344A,
an act in relation to authorizing a study of
the relevant issues.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1383, by Senator Kuhl, Senate Print 1013, an
act to amend the Education Law, in relation to
optional retirement programs.
3297
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1385, by Senator Marcellino, Senate Print
2174B, an act to amend the Education Law, the
Business Corporation Law, and the Limited
Liability Company Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect two years after the date
on which it shall have become law.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
3298
is passed.
THE SECRETARY: Calendar Number
1386, by Senator Kuhl, Senate Print 2582, an
act to amend the Education Law, in relation to
the calculation of income.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1392, by Senator Spano, Senate Print 6785A, an
act to amend the Education Law, in relation to
penalties for counterfeit drugs.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
3299
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Golden, to explain his vote.
SENATOR GOLDEN: Thank you, Mr.
President.
I'd like to congratulate Senator
Spano for introducing this bill today and
getting it passed here in the Senate. It's
important that these types of bills are passed
so that we can save undue harm and distress
and debt to our seniors because of the
misbranding or altering of drugs. And
especially today on the Internet and the
prescription drugs that are being purchased
today on the Internet, this is a very, very
important bill.
And I want to thank also today, as
well as Senator Spano, but the school that is
here from Brooklyn, New York, St. Agnes, who
is here to watch how these bills are passed
today and how we work in effective passage of
good bills that help our pharmacies and help
our seniors to make sure that we keep them
safe.
And so I want to thank both of
3300
them, Senator Spano and St. Agnes, for being
here today and for passing this bill.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Golden will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1394, by Senator LaValle, Senate Print 6952,
an act to amend the Education Law, in relation
to requiring consumer representatives.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1400, by the Senate Committee on Rules, Senate
3301
Print Number 6748, an act to amend the Tax
Law, in relation to the mortgage recording tax
in the County of Delaware.
ACTING PRESIDENT MEIER: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1401, by Senator Wright, Senate Print 6920, an
act to amend the Alcoholic Beverage Control
Law, in relation to the definition of "member
of a club."
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
3302
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan, that completes the
noncontroversial reading of the calendar.
SENATOR MORAHAN: Thank you, Mr.
President. Could we stand at ease for a few
moments.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
Senator Duane, why do you rise?
SENATOR DUANE: If I may be
recorded with unanimous consent in the
negative on Calendar Numbers 792, 793, 1012,
1111, and 1216.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendar 792, 793, 1012, 1111.
Senate 1216 has not been voted on
yet, Senator.
SENATOR DUANE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
3303
Duane.
SENATOR DUANE: I request
unanimous consent to be recorded in the
negative on Calendar Number 1215.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendar Number 1215.
(Whereupon, the Senate stood at
ease at 3:28 p.m.)
(Whereupon, the Senate reconvened
at 3:32 p.m.)
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Could we return to the reading of
the controversial calendar and go to Calendar
1352.
ACTING PRESIDENT MEIER: The
Secretary will proceed with the controversial
reading of the calendar.
THE SECRETARY: Calendar Number
1352, by Senator Morahan, Senate Print 6824A,
an act to authorize the Town of Stony Point.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
3304
Read the last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR MORAHAN: If we could
stand at ease again, Mr. President.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:33 p.m.)
(Whereupon, the Senate reconvened
at 3:35 p.m.)
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Could you please call up Calendar
Number 1231, by Senator Johnson.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1231.
THE SECRETARY: Calendar Number
3305
1231, by Senator Johnson, Senate Print 6838,
an act to amend the Public Officers Law, in
relation to permitting.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MEIER: Senator
Johnson, Senator Liz Krueger has requested an
explanation of Calendar 1231.
SENATOR JOHNSON: Yes, Mr.
President.
This bill provides, as it says,
that a former employee, former state employee
who is separated from his state service, was
employed as a health care professional and in
conjunction with his duties provided treatment
or medical service to individuals residing in
or served by a state-operated facility, is not
barred from rendering service to such
individuals in their care prior to leaving
state service at the state-operated facility
which employed the former state officer or
employee.
That's the explanation. That's the
bill. It's black and white.
ACTING PRESIDENT MEIER: Senator
3306
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If the sponsor would yield,
through you, please.
ACTING PRESIDENT MEIER: Senator
Johnson, do you yield for a question?
SENATOR JOHNSON: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
It always concerns me when we make
exemptions to laws, on the theory that we have
good reasons to pass the laws in the first
place; in this case, a law that says if you
were working for the state, there are limits
on the types of post-employment you can have
also with the State of New York.
So Senator Johnson, this is
specific to health employees of the state and
post-employment for them. Is there any
parallel exemption for any other type of
former state employee in our law?
SENATOR JOHNSON: Yes, there is,
3307
in some cases. In the Attorney General's
office, for example. If they are working on a
case and they get separated, they can continue
because they have the expertise.
In this case, this bill originated
as a suggestion from the Ethics Commission to
do so, because there are cases where
individuals were desirous of treating their
patients and the facility desires to have them
come back and continue the psychological or
medical treatment of those patients. And they
can't do it because it's a violation of the
Ethics Law.
So we're changing the law in this
case at their suggestion. In their opinion on
that case, they said the Legislature may wish
to consider whether the result in this case is
sound policy or whether an exception to the
revolving-door provision should be enacted
where the continuity of care between a
physician and patient is implicated. The
Commission, however, must apply the existing
law.
So we're correcting the problem
that they think should be permitted in a case
3308
like this.
Thank you.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Johnson, do you continue to yield?
SENATOR JOHNSON: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Thank you very much for your explanation,
Senator.
So it's my understanding, as you
gave it as an example, that I could have been
a psychiatrist at a state mental institution,
and then I could have retired from state
service, but there might be good medical
reasons why we would want me to continue to
provide services to patients in that
institution.
So my question is, would I be able
to retire, receive my pension payments, but
also then continue to get paid by the state on
an individual fee-for-service to the same
3309
patients I saw before I received my pension
and retired?
SENATOR JOHNSON: That's correct.
SENATOR LIZ KRUEGER: That is
correct. Thank you. One more -- I'm sorry.
Mr. President, if, through you, the
sponsor would continue to yield.
SENATOR JOHNSON: I'll keep
standing.
ACTING PRESIDENT MEIER: Yes,
don't get comfortable yet, Senator Johnson.
Do you continue to yield, Senator
Johnson?
SENATOR JOHNSON: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
So since you've answered the
question yes, what's the fiscal impact? It
seems to me there would be a fiscal impact
because we would be paying a pension for a
retired state employee. I assume we would be
replacing that state employee with a new
mental health specialist, but then we'd also
be paying a for-fee service.
3310
So why wouldn't we have a fiscal
cost for the state in this scenario?
SENATOR JOHNSON: I think the
state in this situation is more concerned with
the proper continuation of treatment than they
are about the dollars.
And I don't think there's going to
be an epidemic of people wanting to go back
and work there. This is only to deal with the
individuals who they were treating prior to
their retirement. They can't come in and take
anybody else's job away in terms of new
patients and so forth.
So I don't think it's a problem.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Liz Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
Thank you, Senator Johnson, for
your explanation.
I'm not going to vote for the bill,
although I understand the argument that in a
mental health situation continuity of care
between a patient and a doctor can be a
3311
critical issue in ensuring they continue to
get the best mental health services that they
need and that they deserve from the State of
New York.
But I still can't vote for the law,
because I think fundamentally there's a reason
we set up the Public Officers Law, to ensure
that we had safety safeguards in place that we
didn't have people who were both on payroll
and then doing post-employment work for the
state or leaving the state's payroll but
figuring how to come back and continue to get,
in some cases, double payment, the pension for
having retired and ongoing pay on a consultant
basis.
And I believe that under the
current law, you can get waivers to allow this
to happen now.
So I think it would be a mistake
for the state to do an across-the-board
removal of the current law and not require
that people go through, on an individual
case-by-case basis, a review through the
Commission on Ethics and a waiver process, for
multiple reasons.
3312
One, to make sure that we don't
continue to have the pattern of problems that
apparently we had in this state prior to
establishing these rules. Two, to have some
oversight controls over what kind of new
fiscal impact this would have on the State of
New York.
Because as Senator Johnson I think
correctly said, they're not taking the job
away of someone new we would hire, they've
left and gone on pension and yet we're going
to continue to pay them on a
fee-for-service-type structure to continue
with a certain number of patients.
And I think that the State of
New York wants to watch over that and have a
review and look at this on a case-by-case
basis, not do an across-the-board allowing
this to happen.
So I understand, particularly in
this case with continuity of health care
services in a mental health setting, why this
can be a good thing. But I still don't
believe we should have an across-the-board
removal of the bar excluding people from
3313
working for two years after they finish
employment with the state.
And so on the precedent, I will
vote no on this bill, although I do understand
the argument Senator Johnson had made and do
think that there are special situations where
this would be called for. I just think we
should keep it in the category of special
situations where review is gone through and
exceptions are made to the rule, rather than
doing away with the rule.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator L. Krueger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan, that completes the
3314
controversial reading of the calendar.
SENATOR MORAHAN: There will be
an immediate meeting, Mr. President, of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
SENATOR MORAHAN: And the Senate
will stand at ease.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:45 p.m.)
(Whereupon, the Senate reconvened
at 3:59 p.m.)
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Can you please recognize Senator
Montgomery.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, thank
you.
3315
Mr. President, I would like
unanimous consent to be recorded in the
negative on Calendar 1114.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendar 1114.
Senator Morahan.
SENATOR MORAHAN: Thank you, Mr.
President. Could we return to reports of
standing committees.
I believe there's a report of the
Rules Committee at the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1679A, by Senator
Rath, an act to amend the Education Law;
2289, by Senator DeFrancisco, an
act to amend the General Obligations Law;
4387A, by Senator Farley, an act to
amend the Banking Law;
4649, by Senator Lachman, an act to
3316
amend the Public Authorities Law;
6137, by Senator Hannon, an act
authorizing;
6227A, by Senator Hannon, an act
authorizing the assessor of the County of
Nassau;
6900, by Senator LaValle, an act to
amend the Tax Law;
6985, by Senator DeFrancisco, an
act to amend the Real Property Law;
7008A, by Senator Fuschillo, an act
to amend the Education Law and the Penal Law;
7019, by Senator Saland, an act to
grant;
7061, by Senator Hannon, an act to
amend the Civil Practice Law and Rules;
7117, by Senator McGee, an act to
amend the Real Property Tax Law;
7183, by Senator Padavan, an act to
amend the Local Finance Law;
7209, by Senator DeFrancisco, an
act to amend the Civil Practice Law and Rules;
7257, by Senator Padavan, an act to
amend the Real Property Actions and
Proceedings Law;
3317
7297A, by Senator Leibell, an act
to amend the Public Officers Law;
7331, by Senator Marcellino, an act
to amend Chapter 329;
7341A, by Senator Alesi, an act
authorizing;
7342, by Senator Padavan, an act to
amend the Tax Law;
7352, by Senator Little, an act to
amend the County Law;
7359, by Senator Saland, an act to
amend Chapter 472;
7368, by Senator Larkin, an act to
amend the Executive Law;
7373, by Senator Golden, an act to
authorize;
7374, by Senator Rath, an act
relating to the disposition;
7376, by Senator Golden, an act to
amend the Retirement and Social Security Law;
And Senate Print 7383, by Senator
DeFrancisco, an act to amend the Labor Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
3318
Morahan.
SENATOR MORAHAN: Yes, can we
please move to accept the report of the Rules
Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Morahan.
SENATOR MORAHAN: Is there any
housekeeping at the desk, Mr. President?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR MORAHAN: Okay. Then
there being no other further business before
the Senate, I move that we adjourn until
Wednesday, June 9th, at 11:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Wednesday, June 9th, at 11:00 a.m.
3319
(Whereupon, at 4:03 p.m., the
Senate adjourned.)