Regular Session - March 27, 2006
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1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 March 27, 2006
11 3:20 p.m.
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13
14 REGULAR SESSION
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18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: With us this
10 afternoon to give the invocation is a
11 gentleman who needs no introduction, the
12 Reverend Peter G. Young, of Blessed Sacrament
13 Church in Bolton Landing, New York.
14 REVEREND YOUNG: As we enjoy a
15 beautiful, sunny, spring day, may we pray for
16 the improving good health of Senator Marchi
17 and for all of the blessings, too, to our
18 members in the Senate and their families.
19 God, by Your love You made a world
20 where we have become neighbors to each other
21 and we are enabled to love one another. Grant
22 that we too may use the Senate to strive
23 toward a way of life in keeping with God's
24 plan.
25 We call upon all of the blessings
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1 of this chamber for our troops that are now
2 serving our country. We ask You this now and
3 forever. Amen.
4 THE PRESIDENT: Reading of the
5 Journal.
6 THE SECRETARY: In Senate,
7 Sunday, March 26, the Senate met pursuant to
8 adjournment. The Journal of Saturday,
9 March 25, was read and approved. On motion,
10 Senate adjourned.
11 THE PRESIDENT: Without
12 objection, the Journal stands approved as
13 read.
14 Presentation of petitions.
15 Messages from the Assembly.
16 Messages from the Governor.
17 Reports of standing committees.
18 Reports of select committees.
19 Communications and reports from
20 state officers.
21 Motions and resolutions.
22 Senator Nozzolio.
23 SENATOR NOZZOLIO: Madam
24 President, on behalf of Senator Winner, on
25 page number 23 I offer the following
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1 amendments to Calendar Number 373, Print
2 Number 4813A, and ask that said bill retain
3 its place on Third Reading Calendar.
4 THE PRESIDENT: The amendments
5 are received, and the bill will retain its
6 place on the Third Reading Calendar.
7 SENATOR NOZZOLIO: Madam
8 President, on behalf of Senator Morahan, on
9 page 28 I offer the following amendments to
10 Calendar Number 443, Print Number 6909A, and
11 ask that said bill retain its place on Third
12 Reading Calendar.
13 THE PRESIDENT: The amendments
14 are received, and that bill will retain its
15 place on the Third Reading Calendar.
16 SENATOR NOZZOLIO: Madam
17 President, on page 34 I offer the following
18 amendments to Calendar Number 547, Print
19 Number 6905, and ask that said bill retain its
20 place on Third Reading Calendar.
21 THE PRESIDENT: The amendments
22 are received, and that bill will retain its
23 place on the Third Reading Calendar.
24 Senator Libous.
25 SENATOR LIBOUS: Madam President,
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1 may we please have the reading of the
2 noncontroversial calendar, please.
3 THE PRESIDENT: The Secretary
4 will read.
5 THE SECRETARY: Calendar Number
6 28, by Senator Skelos, Senate Print 5404A, an
7 act to amend the Correction Law, in relation
8 to requiring.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 5. This
12 act shall take effect on the first of January.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 49.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 432, by Senator Maziarz, Senate Print 5849A,
20 an act to amend the Parks, Recreation and
21 Historic Preservation Law, in relation to
22 lease or license agreements.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 5. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 49.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 474, by Senator Maziarz, Senate Print 6854, an
9 act to amend the Civil Service Law, in
10 relation to leaves of absence.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 50.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 533, by Senator Golden, Senate Print 6948, an
22 act to amend Chapter 642 of the Laws of 2004,
23 constituting Chapter 35A of the consolidated
24 laws relating to the elderly.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 14. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 50.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 535, by Senator Morahan, Senate Print 1965A,
11 an act to authorize Bais Mahari Assad to file
12 an application.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: In relation to
20 Calendar Number 535: Ayes, 49. Nays, 2.
21 Senators Bonacic and Larkin recorded in the
22 negative.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 543, by Senator Johnson, Senate Print 6291, an
2 act in relation to permitting the Salvation
3 and Deliverance Church, Inc.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Those recorded in
11 the negative on Calendar Number 543 are
12 Senators Bonacic, Larkin, and Rath.
13 Ayes, 48. Nays, 3.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 545, by Senator Volker, Senate Print 6634A, an
18 act to amend the County Law, in relation to
19 wireless communications service.
20 THE PRESIDENT: There is a local
21 fiscal impact note at the desk.
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 51.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 546, by Senator Saland, Senate Print 6762, an
7 act to authorize the Town of Wappinger, County
8 of Dutchess, to convey a permanent easement
9 across.
10 THE PRESIDENT: There is a
11 home-rule message at the desk.
12 Read the last section.
13 THE SECRETARY: Section 5. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 548, by Senator Larkin, Senate Print 415, an
22 act to amend the Education Law, in relation to
23 requiring institutions.
24 SENATOR MALCOLM SMITH: Lay it
25 aside.
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1 THE PRESIDENT: The bill is laid
2 aside.
3 THE SECRETARY: Calendar Number
4 550, by Senator LaValle, Senate Print 840, an
5 act to amend the Education Law, in relation to
6 disclosure of gifts.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first of August.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57.
14 THE PRESIDENT: The bill is
15 passed.
16 Senator Libous, that completes the
17 reading of the noncontroversial calendar.
18 SENATOR LIBOUS: Madam President,
19 may we now read the controversial calendar,
20 please.
21 THE PRESIDENT: The Secretary
22 will ring the bell.
23 Read the last section.
24 THE SECRETARY: Calendar Number
25 548, by Senator Larkin, Senate Print 415, an
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1 act to amend the Education Law.
2 THE PRESIDENT: Senator Krueger.
3 SENATOR LIZ KRUEGER: Thank you.
4 I'd like to speak on the bill, Madam
5 President.
6 THE PRESIDENT: You may proceed.
7 SENATOR LIZ KRUEGER: I won't ask
8 Senator Larkin for an explanation, since we've
9 had this debate in previous years, but of
10 course he's welcome to get up whenever he
11 wishes.
12 I'm asking my colleagues again not
13 to pass this law, not because I don't believe
14 that parents have the right to ask their
15 college-age-student children about their
16 grades, but rather that I don't think the
17 State of New York should legislate it, for
18 several reasons.
19 One, the federal FERPA law, Family
20 Educational Right to Privacy Act, explicitly
21 says -- 20 USC, 34CFR, Part 99 -- that a
22 college should not provide this information to
23 a parent unless the student has formally given
24 permission for their grades to be provided to
25 their parents.
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1 And yes, it is true that you could
2 go through a waiver request where parents
3 asked for a release of student information to
4 them, and colleges could ask the students to
5 sign off on that. The fact is that you can
6 already do that.
7 A parent can request copies of the
8 grades from their children. A parent could
9 even say "I won't pay next month's tuition if
10 you don't give me your grades." Or a parent
11 today, under FERPA, could get their son or
12 daughter to sign a consent to release student
13 information. So all of the above can already
14 be done.
15 The danger, I believe, in passing
16 such a law in New York State, in basically
17 implying that the State of New York says
18 colleges should and must release students'
19 grades to parents, is it does violate FERPA.
20 And it potentially puts our colleges and
21 universities in a position where they could
22 lose federal funding for violating the federal
23 FERPA law -- which I know Senator Larkin does
24 not want to have happen, none of us want to
25 have happen.
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1 And I understand the frustration of
2 many of my colleagues on both sides of the
3 aisle who have spoken in previous years about
4 their own frustration that their own children
5 don't necessarily want to share with them
6 their college grades, and that knowing your
7 son's or daughter's grades in college can in
8 fact be, I suppose, a warning light for you
9 that they might be having trouble in school.
10 But we've got the reality that when
11 you turn 18, both under federal law and under
12 so many laws of the State of New York, we
13 recognize you're not a minor. We treat you as
14 an adult. You have the right to vote. We
15 send you now to war. And despite the fact
16 that parents want to know this information, I
17 don't think the state should legislate that
18 colleges must give grades to parents.
19 But again, I do believe there is an
20 answer. If you are sending your child to
21 college and you are paying for it, tell them
22 you won't continue to pay if they don't
23 provide you with a copy of their grades.
24 I don't think this needs
25 legislation. I think it's a dangerous road to
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1 go down, particularly in light of federal law.
2 And again, I don't think that the State of
3 New York wants to involve itself at this level
4 in adult child/parent relationships.
5 So I will continue to vote no for
6 this bill, and I urge my colleagues to think
7 this through and join me in voting no.
8 Thank you, Madam President.
9 THE PRESIDENT: Does any other
10 member wish to be heard on this bill?
11 Senator Diaz.
12 SENATOR DIAZ: Thank you, Madam
13 President. On the bill.
14 Somebody just told me that I only
15 have three years here, they were telling me
16 that I'm a rookie. And yes, ladies and
17 gentlemen, I am a rookie. But every day that
18 I come here, I feel more amazed.
19 The Bible says that there are
20 things, in the latest times, there are -- good
21 things will be called bad and bad things will
22 be called good. And there are things that,
23 you know, we don't even have to discuss. A
24 bill like this is something that we don't even
25 have to discuss.
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1 That's a good bill. Giving the
2 authority of parents -- taking away the
3 parent's authority not to know where -- what
4 their children are doing in college when they
5 send them to college is wrong. Parents should
6 know.
7 Ladies and gentlemen, when are we
8 going to stop, when are we going to stop
9 putting money and putting other things before
10 what's right? What is right is that if my
11 children goes to college, I should know, the
12 college should send me -- I'm a pastor, and
13 every Sunday I ask, when the school gives them
14 their grades, every member, even in college,
15 elementary school, or even in Bible Institute,
16 they have to bring me, as the pastor, their
17 grades. And I see their grades, and I discuss
18 with them their grades. And I'm only a
19 pastor.
20 But to tell a parent you are not to
21 meddle, you are not to interfere with your
22 children when they are in college -- you know
23 how many parents send their children to
24 college and they don't know what they're
25 doing? And then when something bad happens,
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1 then we blame the parent. We blame the
2 father, we blame the mother.
3 There are bills that come to this
4 floor that sometimes I feel why are we
5 discussing it, why are we arguing about it.
6 There's nothing to argue about it. Parents
7 should have the right to know, and the college
8 should send the parent the grades of their
9 children. They should know what their
10 children are doing.
11 To take away that right from a
12 parent is wrong. And if the federal
13 government wants to take the money, they can
14 take all the money that they want. But
15 parents are parents no matter what.
16 Thank you, Madam President.
17 THE PRESIDENT: The debate is
18 closed.
19 The Secretary will ring the bell.
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of January
23 next succeeding.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT MEIER: Announce
2 the results.
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 548 are
5 Senators Andrews, Breslin, Duane, L. Krueger,
6 Serrano, and A. Smith.
7 Those Senators absent from voting
8 pursuant to Rule 9: Senators Fuschillo,
9 LaValle, and Stavisky.
10 Those Senators absent from voting:
11 Senator Parker.
12 Ayes, 50. Nays, 6.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 Senator Libous, that completes the
16 controversial reading of the calendar.
17 SENATOR LIBOUS: Mr. President,
18 is there any further business before the
19 house?
20 ACTING PRESIDENT MEIER: No,
21 there is not, Senator.
22 SENATOR LIBOUS: Would you
23 recognize Senator Valesky, please.
24 ACTING PRESIDENT MEIER:
25 Certainly, Senator Libous.
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1 Senator Valesky.
2 SENATOR VALESKY: Thank you, Mr.
3 President.
4 I believe I have a motion at the
5 desk, and I'd like to have that motion called
6 up at this time.
7 ACTING PRESIDENT MEIER: The
8 Secretary will read.
9 THE SECRETARY: Senate Print
10 6024A, by Senator Valesky, an act to amend the
11 Executive Law.
12 ACTING PRESIDENT MEIER: Senator
13 Valesky.
14 SENATOR VALESKY: Thank you,
15 Mr. President.
16 This bill, Senate Print 6024A, is
17 about openness and government accountability,
18 allowing people of the State of New York to
19 have access to information --
20 ACTING PRESIDENT MEIER: Can we
21 have some order in the chamber, please.
22 Senator Valesky.
23 SENATOR VALESKY: Thank you.
24 It's about the people of the State
25 of New York having access to information that
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1 they ought to have.
2 Specifically, this would require
3 the state or any of its political subdivisions
4 to file with the Office of the State
5 Comptroller information regarding the bonding
6 process, information including, at a minimum,
7 the official statement, a copy of the
8 prospectus, the total cost of the bond, and an
9 estimate of the fees paid to bound counsels,
10 underwriters, swap providers, counsels to the
11 underwriters, and so forth.
12 This is very important information
13 that is very, very difficult to find right
14 now, if almost impossible. If we go back to
15 2004, in the Comptroller's report on public
16 authority reform and his report about reining
17 in New York State's secret government, as he
18 had called it, he had found that the
19 17 authorities that have issued at least
20 $100 million in debt have a total of
21 $105 billion in outstanding debt --
22 $105 billion in outstanding debt. And the
23 public, the people of the State of New York
24 have very little recourse in terms of where
25 this money is and how it's being spent.
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1 So again, very simply, all of this
2 information would be provided, required to be
3 provided within 30 days to the Office of the
4 State Comptroller. He would be required to
5 establish a website where any member of the
6 public could visit and see exactly where that
7 money is going and how that money is being
8 spent.
9 Mr. President, I urge a vote in
10 support of this motion to bring Senate Bill
11 6024A to the floor.
12 Thank you.
13 ACTING PRESIDENT MEIER: Those in
14 favor of the canvass -- Senator Breslin. No?
15 All right. Those in favor of the canvass
16 raise your hands -- yes, you can go.
17 Those in favor of the canvass,
18 raise your hands.
19 THE SECRETARY: Those recorded in
20 agreement are Senators Breslin, Connor,
21 Coppola, Dilan, Duane, Gonzalez, Klein,
22 L. Krueger, Montgomery, Onorato, Oppenheimer,
23 Paterson, Sabini, Sampson, Savino,
24 Schneiderman, Serrano, A. Smith, M. Smith,
25 Stachowski, and Valesky.
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1 ACTING PRESIDENT MEIER: The
2 petition is lost.
3 Senator Libous.
4 SENATOR LIBOUS: Mr. President,
5 is there any further business before the
6 house?
7 ACTING PRESIDENT MEIER: There is
8 none.
9 SENATOR LIBOUS: If there's no
10 further business before the Senate, I move
11 that we stand adjourned until Tuesday,
12 March 28th, at 3:00 p.m.
13 ACTING PRESIDENT MEIER: On
14 motion, the Senate stands adjourned until
15 Tuesday, March 28th, at 3:00 p.m.
16 (Whereupon, at 3:44 p.m., the
17 Senate adjourned.)
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