Regular Session - April 4, 2006

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     April 4, 2006

        11                       3:04 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LT. GOVERNOR MARY O. DONOHUE, President

        19  STEVEN M. BOGGESS, Secretary

        20

        21

        22

        23

        24

        25


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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:    In the absence of

        10       clergy, may we bow our heads in a moment of

        11       silence, please.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  THE PRESIDENT:    Reading of the

        15       Journal.

        16                  THE SECRETARY:    In Senate,

        17       Monday, April 3, the Senate met pursuant to

        18       adjournment.  The Journal of Sunday, April 2,

        19       was read and approved.  On motion, Senate

        20       adjourned.

        21                  THE PRESIDENT:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.


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         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 Farley.

         8                  SENATOR FARLEY:    Thank you, Madam

         9       President.

        10                  On behalf of Senator Maltese,

        11       Madam President, on page 31 I offer the

        12       following amendments to Calendar Number 613,

        13       Senate Print Number 5684, and I ask that that

        14       bill retain its place on the Third Reading

        15       Calendar.

        16                  THE PRESIDENT:    The amendments

        17       are received, and the bill will retain its

        18       place on the Third Reading Calendar.

        19                  SENATOR FARLEY:    Madam President,

        20       on behalf of Senator Seward, I wish to call up

        21       his bill, Print Number 6420A, which was

        22       recalled from the Assembly and it's now at the

        23       desk.

        24                  THE PRESIDENT:    The Secretary

        25       will read.


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         1                  THE SECRETARY:    Calendar Number

         2       390, by Senator Seward, Senate Print 6420A, an

         3       act to amend the Highway Law.

         4                  SENATOR FARLEY:    Madam President,

         5       I now move to reconsider the vote by which

         6       this bill was passed.

         7                  THE PRESIDENT:    The Secretary

         8       will call the roll upon reconsideration.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 43.

        11                  SENATOR FARLEY:    Madam President,

        12       I now offer the following amendments.

        13                  THE PRESIDENT:    The amendments

        14       are received.

        15                  SENATOR FARLEY:    Thank you.

        16                  THE PRESIDENT:    Senator Skelos.

        17                  SENATOR SKELOS:    Madam President,

        18       if we could adopt the Resolution Calendar,

        19       with the exception of Resolution 4122.

        20                  THE PRESIDENT:    All in favor of

        21       so adopting the Resolution Calendar please

        22       signify by saying aye.

        23                  (Response of "Aye.")

        24                  THE PRESIDENT:    Opposed, nay.

        25                  (No response.)


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         1                  THE PRESIDENT:    The Resolution

         2       Calendar is so adopted.

         3                  Senator Skelos.

         4                  SENATOR SKELOS:    Madam President,

         5       if we could take up Resolution 4122, by

         6       Senator Little, and have it read in its

         7       entirety.

         8                  THE PRESIDENT:    The Secretary

         9       will read.

        10                  THE SECRETARY:    By Senator

        11       Little, Legislative Resolution Number 4122,

        12       congratulating the Salmon River High School

        13       Girls Hockey Team and Coach Brian LaVack upon

        14       the occasion of capturing its third straight

        15       New York State Championship.

        16                  "WHEREAS, Excellence and success in

        17       competitive sports can be achieved only

        18       through strenuous practice, team play and team

        19       spirit, nurtured by dedicated coaching and

        20       strategic planning; and

        21                  "WHEREAS, Athletic competition

        22       enhances the moral and physical development of

        23       the young people of this state, preparing them

        24       for the future by instilling in them the value

        25       of teamwork, encouraging a standard of healthy


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         1       living, imparting a desire for success, and

         2       developing a sense of fair play and

         3       competition; and

         4                  "WHEREAS, For the third straight

         5       year, the Salmon River Shamrocks High School

         6       Girls Hockey Team are the New York State

         7       champions, after defeating Potsdam High

         8       School, 5-1, at Cheel Arena; and

         9                  "WHEREAS, The athletic talent

        10       displayed by this team is due in great part to

        11       the efforts of Coach Brian LaVack and his

        12       dedicated assistant coach, Lindsey Charlebois,

        13       skilled and inspirational tutors respected for

        14       their ability to develop potential into

        15       excellence; and

        16                  "WHEREAS, The team's overall team

        17       record is outstanding, and the team members

        18       were loyally and enthusiastically supported by

        19       family, fans, friends and the community at

        20       large; and

        21                  "WHEREAS, The hallmarks of the

        22       Salmon River High School Girls Hockey Team,

        23       from the opening game of the season to

        24       participation in the championship, were a

        25       sisterhood of athletic ability, of good


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         1       sportsmanship, of honor and of scholarship,

         2       demonstrating that these team players are

         3       second to none; and

         4                  "WHEREAS, Athletically and

         5       academically, the team members have proven

         6       themselves to be an unbeatable combination of

         7       talents, reflecting favorably on their school;

         8       and

         9                  "WHEREAS, Coaches Brian LaVack and

        10       Lindsey Charlebois have done a superb job in

        11       guiding, molding and inspiring the team

        12       members toward their goals; and

        13                  "WHEREAS, Sports competition

        14       instills the values of teamwork, pride and

        15       accomplishment, and Coach Brian LaVack and the

        16       outstanding athletes on the Salmon River High

        17       School Girls Hockey Team have clearly made a

        18       contribution to the spirit of excellence which

        19       is a tradition of their school; now,

        20       therefore, be it

        21                  "RESOLVED, That this Legislative

        22       Body pause in its deliberations to

        23       congratulate the Salmon River High School

        24       Girls Hockey Team, its members -- Chantel

        25       Johnston, Tameka Thompson, Waheshon Lazore,


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         1       Janelle Charland, Brittany Avery, Samantha

         2       Phillips, Wathahanni Mitchell, Okiokwinon

         3       Francis, Allison Smiddy, Kwenni Nanticoke,

         4       Alley Bero, Katie Bero, Olivia Cook, Haley

         5       Cree, Amanda Cross, Rori Francis-Herne, Mary

         6       Herne, Jennifer Tremblay, Kenkiowine Barnes,

         7       Ashton Francis, and Krista Oakes -- Assistant

         8       Coach Lindsey Charlebois, and Coach Brian

         9       LaVack on their outstanding season and overall

        10       team record; and be it further

        11                  "RESOLVED, That copies of this

        12       resolution, suitably engrossed, be transmitted

        13       to the Salmon River High School Girls Hockey

        14       Team and to Coach Brian LaVack."

        15                  THE PRESIDENT:    Senator Little.

        16                  SENATOR LITTLE:    Thank you, Madam

        17       President.

        18                  I am really honored to stand here

        19       today and to recognize a team of athletes from

        20       my district.  And I'd like to note that it's

        21       the first time that I've had a championship

        22       team come to Albany and be recognized here in

        23       the Senate from my district.  And I also

        24       believe it's the first time that this body has

        25       recognized a girl's ice hockey team as state


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         1       champions.

         2                  I present to you today the Lady

         3       Shamrocks from the Salmon River High School,

         4       which is located in Franklin County, probably

         5       about as far north from here as you can get

         6       without being in Canada.

         7                  The girls won the state

         8       championship this year and were state

         9       champions for the past two years as well.

        10       This hockey team was only begun five years

        11       ago, and they have been state champions for

        12       three years in a row, certainly no easy feat.

        13       Their championship game was against Potsdam,

        14       which they won 5-1.

        15                  I'm also pleased to say that of the

        16       20 female hockey members of this team, 14 of

        17       them are from the Akwesasne Reservation and

        18       are Native Americans.  And on that

        19       reservation, part of the reservation -- just

        20       for a little geography lesson -- is in Canada,

        21       and part in the United States.  Several of the

        22       girls are actually Canadian residents on the

        23       reservation attending Salmon River High

        24       School.

        25                  The bad news for all the other ice


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         1       hockey teams in New York State is only three

         2       of the girls are seniors.  So of the other 17,

         3       we're going to hear more from them as we go

         4       along.

         5                  With them today are their two

         6       coaches, Brian LaVack and Lindsey Charlebois,

         7       and their high school principal, John Simons.

         8       Also with them is Sean Miller, the athletic

         9       director for Salmon River High School, who, I

        10       would like to note, received a legislative

        11       resolution from this body in 1992 when he was

        12       on the Salmon River men's hockey state

        13       championship ice hockey team.

        14                  They are joined today by many

        15       parents.  And I've always said that ice hockey

        16       is a parent participation sport, since it

        17       requires a lot of effort on the part of

        18       parents lugging equipment and bringing

        19       children to ice hockey from the time they can

        20       skate until they graduate.

        21                  But a lot of effort has gone into

        22       this team.  We have scholar-athletes, we have

        23       girls with national recognition here.  We also

        24       have several girls who have won All-Star

        25       recognition for the North Country.


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         1                  So it's with a great deal of

         2       pleasure that I introduce to you the Lady

         3       Shamrocks from Salmon River High School in

         4       Franklin County.  And I'm very proud to have

         5       them here with us today.

         6                  (Applause.)

         7                  THE PRESIDENT:    All in favor of

         8       the resolution please signify by saying aye.

         9                  (Response of "Aye.")

        10                  THE PRESIDENT:    Opposed, nay.

        11                  (No response.)

        12                  THE PRESIDENT:    The resolution is

        13       adopted.

        14                  On behalf of the Senate,

        15       congratulations and best wishes for continued

        16       success.  Have a great celebration.

        17                  Senator Bruno.

        18                  SENATOR BRUNO:    Madam President,

        19       I believe I have a resolution at the desk.  I

        20       would ask that be read in its entirety and

        21       move for its immediate adoption.

        22                  THE PRESIDENT:    The Secretary

        23       will read.

        24                  THE SECRETARY:    By Senator Bruno,

        25       Legislative Resolution Number 4395,


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         1       celebrating the life and career of

         2       Oscar-winning Hollywood veteran Maureen

         3       Stapleton.

         4                  "WHEREAS, It is the sense of this

         5       Legislative Body to honor and pay tribute to

         6       the memory of those gifted individuals whose

         7       creative talents have contributed to the

         8       entertainment and artistic enrichment of the

         9       citizens of the State of New York; and

        10                  "WHEREAS, It is with feelings of

        11       great sorrow and deepest regret that this

        12       Legislative Body records the passing of

        13       Maureen Stapleton, Oscar-winning character

        14       actress, noting the significance of the loss

        15       of a woman with exceptional talent and an

        16       indomitable spirit; and

        17                  "WHEREAS, Legendary actress Maureen

        18       Stapleton died on Monday, March 13, 2006, in

        19       Lenox, Massachusetts, at the age of 80; and

        20                  "WHEREAS, Lois Maureen Stapleton

        21       was born on June 21, 1925, in Troy, New York.

        22       She became a star of stage, screen and

        23       television in a career that spanned more than

        24       40 years; and

        25                  "WHEREAS, Brought up in a strict


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         1       Irish Catholic family, Maureen Stapleton left

         2       home right after high school.  With $100 to

         3       her name, she went to New York and began

         4       studying at the Herbert Berghof Acting School

         5       and later at the Actors Studio, which turned

         6       out the likes of Marlon Brando, Paul Newman

         7       and Julia Roberts; and

         8                  "WHEREAS, Maureen Stapleton made

         9       her broadway debut in the 1946 production of

        10       'The Playboy of the Western World'; and

        11                  "WHEREAS, She became a success as

        12       Serafina Delle Rose in Tennesee Williams'

        13       Broadway hit 'The Rose Tattoo,' and won a Tony

        14       Award; and

        15                  "WHEREAS, She appeared in numerous

        16       other stage productions, including Lillian

        17       Hellman's 'Toys in the Attic' and Neil Simon's

        18       'The Gingerbread Lady,' for which she won her

        19       second Tony in 1971.  Maureen also starred

        20       opposite Laurence Olivier in Tennessee

        21       Williams' 'Cat on a Hot Tin Roof'; and

        22                  "WHEREAS, Her matronly appearance

        23       was instrumental in receiving an Academy Award

        24       in 1981 for her supporting role as

        25       anarchist-writer Emma Goldman in Warren


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         1       Beatty's 'Reds,' about a left-wing American

         2       journalist who journeys to Russia to cover the

         3       Bolshevik Revolution; and

         4                  "WHEREAS, Maureen Stapleton was

         5       nominated several times for a Supporting

         6       Actress Oscar, including for her first film

         7       role in 1958's 'Lonelyhearts,' 'Airport' in

         8       1970, and Woody Allen's 'Interiors' in 1978;

         9       and

        10                  "WHEREAS, Her other film credits

        11       include the 1963 musical 'Bye Bye Birdie'

        12       opposite Ann-Margret and Dick Van Dyke;

        13       'Johnny Dangerously'; 'Cocoon'; 'The Money

        14       Pit'; and 'Addicted to Love'; and

        15                  "WHEREAS, In television, Maureen

        16       Stapleton earned an Emmy for 'Among the Paths

        17       to Eden' in 1967.  She was nominated for

        18       'Queen of the Stardust Ballroom' in 1975, 'The

        19       Gathering' in 1977, and 'Miss Rose White' in

        20       1992; and

        21                  "WHEREAS, Maureen Stapleton was

        22       formerly married to theatrical producer Max

        23       Allentuck and screenwriter David Rayfiel; and

        24                  "WHEREAS, in 1995, Maureen

        25       coauthored her memoirs, A Hell of a Life,


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         1       which richly detailed her life and career; and

         2                  "WHEREAS, Maureen Stapleton is

         3       survived by a daughter, Katharine Bambery; a

         4       son, Daniel Allentuck; a brother, Jack

         5       Stapleton; and two grandchildren; now,

         6       therefore, be it

         7                  "RESOLVED, That this Legislative

         8       Body pause in its deliberations to celebrate

         9       and pay tribute to the life of Maureen

        10       Stapleton, whose legendary talent entertained

        11       audiences for several decades.  She will be

        12       greatly missed by her family, friends,

        13       colleagues, and fans across New York State and

        14       the nation; and be it further

        15                  "RESOLVED, That a copy of this

        16       resolution, suitably engrossed, be transmitted

        17       to the family of Maureen Stapleton."

        18                  THE PRESIDENT:    Senator Bruno.

        19                  SENATOR BRUNO:    Thank you, Madam

        20       President and colleagues.

        21                  We're here recognizing and honoring

        22       a great, great lady, a great lady who was a

        23       native of Troy, New York, 15 minutes from

        24       where we are today.  She was a graduate of

        25       Catholic High.  She went on to really be one


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         1       of the elite in accomplishment in the arts, a

         2       triple crown winner:  Oscar, Emmy and a Tony.

         3       Forty years, her life was dedicated to acting

         4       in every mode on stage, screen, TV.

         5                  So I'm proud that I represent that

         6       area.  Her brother, Jack, is here; her cousin,

         7       Bill Stanton.  And Jack ran the Albia Tavern

         8       for a lot of years, which was a landmark.

         9                  And Maureen -- and I had the

        10       pleasure of meeting her on one of her visits

        11       to Troy.  She visited Troy regularly, went to

        12       Catholic High reunions.  But here's a lady

        13       really that mixed with the greatest and the

        14       most recognized in the world, the Laurence

        15       Olivier types, and yet never forgot where she

        16       came from.  Always returned home.  Common,

        17       everyday lady.

        18                  I had the pleasure of having dinner

        19       with her at the then Troy's Club with Kitty

        20       Carlisle when she came back to do something at

        21       the Troy Music Hall, in recognition of that

        22       place, Troy, and where she really came from.

        23                  So just an honor to be here to

        24       recognize a life as full, as committed, as

        25       dedicated.  And all of us can be proud because


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         1       people always said about her she was pretty

         2       courageous, gutsy, outspoken, and when she was

         3       dealing with people they knew exactly where

         4       she was at all times.

         5                  Jack, I can only imagine growing up

         6       with a lady like that.  Sounds pretty feisty,

         7       pretty committed.  And you look pretty well,

         8       though, for the wear.  So there must have been

         9       a lot of good days.

        10                  So congratulations to you, to the

        11       family, and to the great memory that she

        12       leaves all of us and the legacy that she

        13       leaves here in Troy as one of the most notable

        14       people who have left and kept Troy in their

        15       heart.

        16                  Thank you, Madam President.

        17                  THE PRESIDENT:    Senator Farley.

        18                  SENATOR FARLEY:    Yes, thank you,

        19       Madam President.

        20                  I rise to pay tribute to Maureen

        21       Stapleton.  I met her on several occasions,

        22       and I was always impressed by her

        23       down-to-earth demeanor.  And I'll tell you,

        24       she was a true Trojan.  She loved Troy and she

        25       epitomized everything that came from that


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         1       incredible city.

         2                  I know, Madam President, that you

         3       knew her and her family.  She had a rough

         4       time, many times, in a good, tough life.  But

         5       she was a very strong woman that came through

         6       it all.  And she was an actress par excellence

         7       that won every kind of accolade that you could

         8       get.

         9                  And she never forgot, as Senator

        10       Bruno said, where she came from.  She was very

        11       proud of her hometown and, as you say, came

        12       back many times to visit us in Saratoga at the

        13       track and was always a real credit to her

        14       community.

        15                  And I think it's so appropriate

        16       that we pay tribute to her today.

        17                  THE PRESIDENT:    Thank you to Jack

        18       and the family.  As another Irish lady from

        19       Troy, I'd be remiss not to mention how loved

        20       your sister will always be in our hometown.

        21       She was a woman who was a survivor, dedicated.

        22       She loved Troy.  She also loved people.  And

        23       everyone loved her.

        24                  We know how much you must miss her.

        25       She'll never be forgotten and will always be


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         1       remembered with respect and love in her

         2       hometown and across the state and the country.

         3                  All in favor of the resolution

         4       please signify by saying aye.

         5                  (Response of "Aye.")

         6                  THE PRESIDENT:    Opposed, nay.

         7                  (No response.)

         8                  THE PRESIDENT:    The resolution is

         9       adopted.

        10                  Senator Bruno.

        11                  SENATOR BRUNO:    Thank you, Madam

        12       President.

        13                  Can we at this time have the

        14       noncontroversial reading of the calendar.

        15                  THE PRESIDENT:    The Secretary

        16       will read.

        17                  THE SECRETARY:    Calendar Number

        18       336, by Senator Spano, Senate Print 3378, an

        19       act to amend the Tax Law, in relation to

        20       creating a direct payment permit.

        21                  THE PRESIDENT:    Read the last

        22       section.

        23                  THE SECRETARY:    Section 12.  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, 54.

         3                  THE PRESIDENT:    The bill is

         4       passed.

         5                  THE SECRETARY:    Calendar Number

         6       345, by Senator Nozzolio, Senate Print 1324 --

         7                  SENATOR BRUNO:    Lay it aside for

         8       the day, please.

         9                  THE PRESIDENT:    The bill is laid

        10       aside for the day.

        11                  THE SECRETARY:    Calendar Number

        12       385, by Senator Spano, Senate Print 4155A, an

        13       act to amend the Vehicle and Traffic Law, in

        14       relation to enacting.

        15                  THE PRESIDENT:    Read the last

        16       section.

        17                  THE SECRETARY:    Section 6.  This

        18       act shall take effect immediately.

        19                  THE PRESIDENT:    Call the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 54.

        22                  THE PRESIDENT:    The bill is

        23       passed.

        24                  THE SECRETARY:    Calendar Number

        25       458, by Senator Bruno, Senate Print 3226, an


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         1       act to amend the Penal Law and the Highway

         2       Law, in relation to violence committed.

         3                  THE PRESIDENT:    Read the last

         4       section.

         5                  THE SECRETARY:    Section 4.  This

         6       act shall take effect on the first of

         7       September.

         8                  THE PRESIDENT:    Call the roll.

         9                  (The Secretary called the roll.)

        10                  THE PRESIDENT:    Senator Bruno, to

        11       explain your vote.

        12                  SENATOR BRUNO:    Madam President,

        13       to explain my vote.

        14                  Many of you will recall that eight

        15       years ago Suzanne Lyall disappeared, headed

        16       for the Albany campus, going to college.  Her

        17       mom and dad, her mom Mary and her father Doug,

        18       have never missed a day when they haven't

        19       reminded people about the tragedy of a loved

        20       one who just disappears.

        21                  This bill is intended to improve

        22       the security around college campuses and

        23       around school facilities.  That's the intent

        24       of this bill.  We have passed this bill for

        25       eight years.  For some reason or other, it


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         1       doesn't pass the Assembly.  Pretty hard to

         2       understand why something that is as

         3       well-intentioned as this just doesn't pass the

         4       other house.

         5                  Doug and Mary have been advocating

         6       for missing people.  Because we can't

         7       appreciate the heartache of not knowing what

         8       has happened to a loved one, to a child.  Just

         9       imagine not knowing that any day that child

        10       may appear.  And that was eight years ago.

        11                  Through their efforts primarily,

        12       this Thursday we'll have a monument dedicated

        13       and committed right here across the street,

        14       the Missing Persons Monument.  And thanks to

        15       the efforts of Doug and Mary, just suffering

        16       through the consequences of their daughter

        17       Suzanne's disappearance, that's going to be

        18       there.

        19                  And also, through their great

        20       efforts, a lot has been done to create comfort

        21       for people who are missing a loved one.

        22                  So hopefully this year the Assembly

        23       will see fit to recognize how important this

        24       law is and pass it.

        25                  Thank you, Madam President.


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         1                  THE PRESIDENT:    The Secretary

         2       will announce the results.

         3                  Senator Montgomery, to explain your

         4       vote first.

         5                  SENATOR MONTGOMERY:    Yes, Madam

         6       President, I need to explain my vote as well.

         7                  It is always difficult to vote in

         8       opposition to the Majority Leader, but on this

         9       I certainly must do that.

        10                  One of the reasons, number one,

        11       this says "school grounds," but it does not

        12       specifically say college campuses.  So it's

        13       really wide open, it covers every school in

        14       the state.

        15                  And the other thing is we already

        16       have the School Safety Act, which under

        17       certain circumstances would make it possible

        18       for a high school student or a middle school

        19       student to be charged with a felony.

        20                  And the legislation that is here

        21       before us would mean that that E felony would

        22       be -- could be raised to a higher felony

        23       charge on a high school student simply because

        24       an incident would take place on school

        25       grounds.


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         1                  So for those reasons, Madam

         2       President, I think that we need to tighten up

         3       the language, at least.  And certainly this

         4       bill -- we should make it very clear that this

         5       bill does not relate to the School Safety Act

         6       that is already in law.

         7                  Madam President, I'm going to

         8       continue to oppose this legislation.  I vote

         9       no.

        10                  THE PRESIDENT:    You will be so

        11       recorded as voting in the negative.

        12                  And Senator Bruno will be recorded

        13       as voting in the affirmative.

        14                  The Secretary will now announce the

        15       results.

        16                  THE SECRETARY:    Ayes, 56.  Nays,

        17       2.  Senators Montgomery and Parker recorded in

        18       the negative.

        19                  THE PRESIDENT:    The bill is

        20       passed.

        21                  THE SECRETARY:    Calendar Number

        22       488, by Senator Trunzo, Senate Print 5808, an

        23       act to amend the Public Authorities Law, in

        24       relation to issuance.

        25                  THE PRESIDENT:    Read the last


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         1       section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect immediately.

         4                  THE PRESIDENT:    Call the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Those recorded in

         7       the negative on Calendar Number 488 are

         8       Senators LaValle, Leibell, Padavan and Spano.

         9                  Ayes, 54.  Nays, 4.

        10                  THE PRESIDENT:    The bill is

        11       passed.

        12                  THE SECRETARY:    Calendar Number

        13       514, by Senator Alesi --

        14                  SENATOR SERRANO:    Lay it aside.

        15                  THE PRESIDENT:    The bill is laid

        16       aside.

        17                  THE SECRETARY:    Calendar Number

        18       515, by Senator Larkin, Senate Print 5391A --

        19                  SENATOR SERRANO:    Lay it aside.

        20                  THE PRESIDENT:    The bill is laid

        21       aside.

        22                  THE SECRETARY:    Calendar Number

        23       547, by Senator DeFrancisco, Senate Print

        24       6905A, an act to authorize and direct.

        25                  THE PRESIDENT:    Read the last


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         1       section.

         2                  THE SECRETARY:    Section 6.  This

         3       act shall take effect immediately.

         4                  THE PRESIDENT:    Call the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 58.

         7                  THE PRESIDENT:    The bill is

         8       passed.

         9                  THE SECRETARY:    Calendar Number

        10       552, by Senator Spano, Senate Print 6326, an

        11       act to amend the Education Law, in relation to

        12       prohibiting.

        13                  THE PRESIDENT:    Read the last

        14       section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect on the 180th day.

        17                  THE PRESIDENT:    Call the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 58.

        20                  THE PRESIDENT:    The bill is

        21       passed.

        22                  THE SECRETARY:    Calendar Number

        23       561, by Senator Volker, Senate Print 1539 --

        24                  SENATOR SERRANO:    Lay it aside.

        25                  THE PRESIDENT:    The bill is laid


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         1       aside.

         2                  THE SECRETARY:    Calendar Number

         3       574, by Senator Golden, Senate Print 6985, an

         4       act to amend the Penal Law, the Criminal

         5       Procedure Law and the Vehicle and Traffic Law,

         6       in relation to making.

         7                  THE PRESIDENT:    Read the last

         8       section.

         9                  THE SECRETARY:    Section 7.  This

        10       act shall take effect immediately.

        11                  THE PRESIDENT:    Call the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 58.

        14                  THE PRESIDENT:    The bill is

        15       passed.

        16                  THE SECRETARY:    Calendar Number

        17       582, by Senator Farley, Senate Print --

        18                  SENATOR SERRANO:    Lay it aside.

        19                  THE PRESIDENT:    The bill is laid

        20       aside.

        21                  Senator Skelos, that completes the

        22       noncontroversial reading of the calendar.

        23                  SENATOR SKELOS:    Thank you, Madam

        24       President.  If we could go to the

        25       controversial reading of the calendar.


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         1                  THE PRESIDENT:    The Secretary

         2       will ring the bell.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       514, by Senator Alesi, Senate Print 3585, an

         6       act to amend the Tax Law.

         7                  SENATOR SERRANO:    Explanation.

         8                  THE PRESIDENT:    Senator Alesi, an

         9       explanation has been requested.

        10                  SENATOR ALESI:    Thank you, Madam

        11       President.

        12                  This bill removes the requirement

        13       that any establishment that's licensed to sell

        14       Quick Draw must have at least 25 percent of

        15       its revenue coming from the sale of food.

        16                  Thank you very much, Madam

        17       President.

        18                  THE PRESIDENT:    Does any member

        19       wish to be heard on this bill?

        20                  Then the debate is closed.

        21                  Ring the bell.

        22                  I want to remind the members that

        23       when the bill is ringing, we need every member

        24       to return to the chamber and take their seat,

        25       so that we can continue with the calendar.


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         1       Thank you.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect immediately.

         5                  THE PRESIDENT:    Call the roll.

         6                  (The Secretary called the roll.)

         7                  THE PRESIDENT:    Senator Padavan,

         8       to explain your vote.

         9                  SENATOR PADAVAN:    Thank you,

        10       Madam President.

        11                  Over a decade ago, when Quick Draw

        12       was foisted upon the people of this state,

        13       part of the way it was accomplished was to say

        14       we're going to put all kinds of restrictions

        15       as to where these Quick Draw parlors would

        16       be -- a certain size, have to provide food at

        17       least 25 percent, every five minutes.

        18                  Little by little, video crack --

        19       which is what I labeled it then, a phrase that

        20       I think has stuck -- has continued to expand,

        21       and all of these inhibitions that were put in

        22       place are slowly but surely being removed.

        23       Now it's every four minutes.  Size makes no

        24       difference, of the premise.

        25                  And now they want to take away the


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         1       food requirement in terms of what goes on in

         2       that premise, which means that they want to

         3       place these terminals in every corner and

         4       every bodega and every bar in every community

         5       in the state, so that more people will get

         6       hooked on this form of gambling.

         7                  I vote no.

         8                  THE PRESIDENT:    You will be

         9       recorded as voting in the negative, Senator

        10       Padavan.

        11                  The Secretary will announce the

        12       results.

        13                  THE SECRETARY:    Those recorded in

        14       the negative on Calendar Number 514 are

        15       Senators Andrews, DeFrancisco, Duane,

        16       L. Krueger, LaValle, Leibell, Libous, Maltese,

        17       Marcellino, Meier, Montgomery, Padavan,

        18       Saland, Spano, Volker and Wright.  Also

        19       Senator Oppenheimer.  Also Senator Stavisky.

        20                  Absent from voting on Calendar 514:

        21       Senator Nozzolio.

        22                  Ayes, 41.  Nays, 18.

        23                  THE PRESIDENT:    The bill is

        24       passed.

        25                  THE SECRETARY:    Calendar Number


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         1       515, by Senator Larkin, Senate Print 5391A, an

         2       act to amend the Racing, Pari-Mutuel Wagering

         3       and Breeding Law.

         4                  SENATOR SERRANO:    Explanation.

         5                  THE PRESIDENT:    Senator Larkin,

         6       an explanation has been requested.

         7                  SENATOR LARKIN:    Who asked?

         8       Madam President, who requested the

         9       explanation?

        10                  THE PRESIDENT:    Senator Serrano.

        11                  SENATOR LARKIN:    Thank you.

        12                  Senator Serrano, this is a bill we

        13       passed last year 58 to 3.  It's an A print.

        14       The A print was because the main bill last

        15       year had a set date.  We had to correct it to

        16       make the new date on it.

        17                  This bill is very simple.  Back in

        18       1990, when we passed the Internet -- when I

        19       didn't chair this committee -- we didn't have

        20       the phone cards, we didn't have the

        21       cellphones, and we didn't have the Internet.

        22       And what we wanted to do is to make sure that

        23       this didn't crossed into it, because we don't

        24       have that.

        25                  Everything that says how you could


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         1       bet is carried over into this one.  The two

         2       areas that we are says that no bets are going

         3       to be accepted on the credit cards and only

         4       New Yorkers that bet on in-state races or

         5       New York-sanctioned OTB races could

         6       participate in this program.  So it's confined

         7       within the state.

         8                  That is the main thrust of it.  We

         9       didn't have that before; we now have all of

        10       these others, the Internet, and we have the

        11       cellphones, so we had to clear it up to do it.

        12                  THE PRESIDENT:    Senator Krueger.

        13                  SENATOR LIZ KRUEGER:    If the

        14       sponsor would please yield for a question.

        15                  THE PRESIDENT:    Senator Larkin,

        16       will you yield for a question?

        17                  SENATOR LARKIN:    Yes.

        18                  THE PRESIDENT:    You may proceed,

        19       Senator Krueger, with a question.

        20                  SENATOR LIZ KRUEGER:    Thank you,

        21       Madam President.

        22                  Senator, I don't quite understand

        23       how you would bet through the Internet without

        24       it being prepaid in some way.  You're saying

        25       no credit cards, but you could bet through the


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         1       Internet.  But you might be -- you'd only be

         2       in New York, I couldn't be in Florida and bet

         3       through the Internet under this bill?  How

         4       does that work?

         5                  SENATOR LARKIN:    When you look at

         6       the prescribed procedures that we set forth --

         7       and I would like to thank you very much for

         8       voting yes on this bill in 2005 -- what we've

         9       done here is just tightened the rules and made

        10       sure that we stuck with it.

        11                  Now, if you don't have an account,

        12       you can't bet.  You have to register, get an

        13       account, then you can bet.  But you can now

        14       use your cellphone with it.  But you're still

        15       restricted to New York State operations.

        16                  SENATOR LIZ KRUEGER:    Madam

        17       President, if through you the sponsor would

        18       continue to yield.

        19                  THE PRESIDENT:    Senator Larkin,

        20       will you yield?

        21                  SENATOR LARKIN:    Yes, ma'am.

        22                  THE PRESIDENT:    You may proceed,

        23       Senator, with a question.

        24                  SENATOR LIZ KRUEGER:    Thank you.

        25                  And you're right, Senator, I did


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         1       voter for this in 2005.  And when I was

         2       reviewing it today --

         3                  SENATOR LARKIN:    Madam President,

         4       I can't hear her.

         5                  THE PRESIDENT:    Can we have

         6       order, please.

         7                  Senator, you have a question?

         8                  SENATOR LIZ KRUEGER:    Thank you,

         9       Madam President.

        10                  Yes, Senator, you're right, I did

        11       vote for it last year.  And when I reviewed my

        12       notes this year, I was a little confused about

        13       the argument, which is why I had the question

        14       today.

        15                  So again, could you clarify it for

        16       me?  If I was to bet through the Internet on

        17       this bill -- excuse me.  If this bill becomes

        18       a law and I could now place bets through the

        19       Internet, which I think you and I agree could

        20       not be done, how would I do that?

        21                  SENATOR LARKIN:    What you're

        22       saying, Senator -- you would only bet through

        23       the OTBs.  Period.

        24                  SENATOR LIZ KRUEGER:    I'm sorry,

        25       Madam President, if through you I could


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         1       continue to ask the Senator a question.

         2                  THE PRESIDENT:    You may finish

         3       your question, please, Senator Krueger.

         4                  SENATOR LIZ KRUEGER:    Thank you.

         5                  How do I set up an Internet account

         6       so that I'm paying for my bets through the

         7       Internet not using a credit card?

         8                  SENATOR LARKIN:    Go to the OTB --

         9                  SENATOR LIZ KRUEGER:    Physically?

        10                  SENATOR LARKIN:    They will sign

        11       you up, and you can bet that way.  You can use

        12       your cellphone or anything else that you would

        13       use with a hard-line, landline phone to do it

        14       that you would have done before we had

        15       cellphones.  And the Internet comes under the

        16       same application.

        17                  But then again, you go back to

        18       the -- this is strictly within the state of

        19       New York.  You're not going to do Connecticut

        20       races, you're not going to do California

        21       races.  You're going to do New York State,

        22       just as it says in the bill.

        23                  SENATOR LIZ KRUEGER:    Madam

        24       President, if the sponsor would continue to

        25       yield.


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         1                  THE PRESIDENT:    Senator Larkin,

         2       do you yield?

         3                  SENATOR LARKIN:    Yes.

         4                  THE PRESIDENT:    You may proceed,

         5       Senator Krueger, with a question.

         6                  SENATOR LIZ KRUEGER:    Thank you.

         7                  In the Internet arrangement that

         8       you're proposing, I certainly understand a

         9       phone versus a cellphone.  But moving to the

        10       Internet, particularly, I think, in a time

        11       where we have a lot of children who are using

        12       the Internet for all kinds of Internet

        13       accounts without their parents' knowledge,

        14       what would be the mechanism to ensure that

        15       this was a carefully protected model and that

        16       people who perhaps might not appropriately

        17       have access --

        18                  SENATOR LARKIN:    May I read

        19       something to you?

        20                  SENATOR LIZ KRUEGER:    You may

        21       read to me, yes, Senator.

        22                  SENATOR LARKIN:    This bill simply

        23       allows New Yorkers to call in their bets via a

        24       cellphone and the Internet just as they

        25       currently do over the phone if, underlined,


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         1       they have registered with a local racetrack or

         2       OTB and have an account there.

         3                  Therefore, minors cannot bet under

         4       this bill because they would not be issued a

         5       card.

         6                  SENATOR LIZ KRUEGER:    I'll speak

         7       on the bill.  Madam President, on the bill.

         8                  THE PRESIDENT:    You may proceed

         9       on the bill.

        10                  SENATOR LIZ KRUEGER:    Thank you.

        11                  I appreciate the Senator's attempts

        12       to explain the bill to me.

        13                  And I have to say although I do

        14       freely admit, as the record shows, that I

        15       voted for the bill last year, I'm not

        16       comfortable, now that I've analyzed the bill

        17       further, in continuing to vote yes.  Because I

        18       am concerned about opening up the door of

        19       Internet gambling in the context of New York

        20       State law.

        21                  And I'm also very concerned that,

        22       unlike a phone or a phone line or a cellphone

        23       where there's conversations taking place, that

        24       Internet accounts are too easily accessible by

        25       others without your knowledge, even if you're


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         1       the one who went to OTB and set up the

         2       account.

         3                  And there's more and more research

         4       out there showing that children in particular

         5       are using the Internet to experiment with

         6       gambling in ways that not only do I think is a

         7       dangerous precedent but I also think is a bad

         8       model for young people to become more and more

         9       involved in gambling models.

        10                  And the truth is, as we know with

        11       the Internet, it's harder and harder to

        12       control as a parent what your children might

        13       get into or not, whether they get access to

        14       your email account or not, whether they go on

        15       the computer when you're not there and you've

        16       automatically already programmed in

        17       information.

        18                  And so while I do not officially

        19       vote against gambling per se in the state of

        20       New York, I have to say that I am concerned

        21       that we continue to go down a road where it's

        22       easier and easier to just press a button and

        23       be having money taken away from your bank

        24       accounts without thinking about it, or perhaps

        25       without even noticing that others may be


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         1       accessing your accounts, particularly young

         2       people, through the Internet.

         3                  So I will be reversing my position

         4       and I'll be voting no this year.

         5                  Thank you, Madam President.

         6                  THE PRESIDENT:    Does any other

         7       member wish to be heard?

         8                  Then the debate is closed.

         9                  The Secretary will ring the bell.

        10                  Read the last section.

        11                  THE SECRETARY:    Section 3.  This

        12       act shall take effect immediately.

        13                  THE PRESIDENT:    Call the roll.

        14                  (The Secretary called the roll.)

        15                  THE PRESIDENT:    Senator Duane, to

        16       explain your vote.

        17                  SENATOR DUANE:    Thank you, Madam

        18       President.  I do wish to explain my vote.

        19                  I'm going to be voting no on this

        20       bill, because it makes gambling easier.  And I

        21       firmly believe that gambling is an addiction.

        22       And of course addictions are often a way to

        23       compensate or cover up for depression or

        24       manifest obsessive-compulsive disorder.

        25                  And if we passed Timothy's Law, we


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         1       would have full coverage for mental health

         2       treatment.  So how many people have to suffer

         3       because we don't have comprehensive mental

         4       health treatment available to all New Yorkers?

         5                  You know, not taking care of

         6       people's mental health is a bad bet.  We

         7       should pass Timothy's Law.

         8                  Thank you, Madam President.

         9                  THE PRESIDENT:    You will be

        10       recorded as voting in the negative on this

        11       bill, Senator Duane.

        12                  The Secretary will announce the

        13       results.

        14                  THE SECRETARY:    Those recorded in

        15       the negative on Calendar Number 515 are

        16       Senators Diaz, Duane, L. Krueger, LaValle,

        17       Leibell, Maltese, Padavan, Saland and Volker.

        18                  Absent from voting:  Senator

        19       Nozzolio.

        20                  Ayes, 50.  Nays, 9.

        21                  THE PRESIDENT:    The bill is

        22       passed.

        23                  THE SECRETARY:    Calendar Number

        24       561, by Senator Volker, Senate Print 1539, an

        25       act to amend the Civil Practice Law and Rules.


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         1                  SENATOR SERRANO:    Explanation.

         2                  SENATOR VOLKER:    In anticipation,

         3       Madam President.

         4                  THE PRESIDENT:    Senator Volker,

         5       an explanation has been requested, I assume.

         6                  SENATOR VOLKER:    Yes.

         7                  This is a bill that's been around

         8       for a number of years.  The history of it is

         9       that there were a number of problems,

        10       primarily in New York City, many years ago

        11       involving the police union and the City of

        12       New York.  It actually involved two

        13       administrations ago, I believe.

        14                  What happened is that the

        15       administration -- and remember that one of the

        16       differences with police, which is -- should

        17       be, we believe should be a semimilitary

        18       organization, is that police union officials

        19       in many ways act as attorneys in giving advice

        20       to police officers.  And there were a number

        21       of incidents involving the city trying to, in

        22       effect, deal with bargaining by putting

        23       pressure on union officials to testify.  This

        24       frankly happened in New York, and I think it

        25       happened in Buffalo also.


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         1                  The bill originally -- and I can't

         2       remember anymore who was the original sponsor

         3       in the Assembly.  The bill originally was

         4       actually even a stronger bill.  What had

         5       happened is we finally amended it to just

         6       strictly confidential communications with a

         7       union official, so that that person could

         8       speak to the official without the possibility

         9       of that official having to testify or

        10       whatever.

        11                  The bill -- actually, what happened

        12       was the bill was agreed upon with the

        13       administration.  And as -- the person in

        14       charge said to me after it was vetoed, "How

        15       did that get vetoed?"  I said, "Because the

        16       counsel's office didn't realize that we had

        17       come to an agreement."  And that's a true

        18       story.  This has always aggravated me, because

        19       this bill wouldn't be here if it wasn't for

        20       that.

        21                  I pointed that out the next time we

        22       passed it, and it went to the Governor and

        23       they vetoed it anyways.

        24                  So it just -- almost in fairness,

        25       I've continued to push this bill, because I


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         1       really do think it's a fairness bill.  And I

         2       realize that there's some feeling toward

         3       police officers and police unions.  But I

         4       think one of the things that we should realize

         5       is that it wasn't the Legislature that made

         6       decisions, for instance, in binding

         7       arbitration on rules, it was a court that

         8       ruled.  The initial binding arbitration did

         9       not involve rules.  And it was a court that

        10       made a decision and said that rules are also

        11       included in addition to the normal bargaining

        12       thing, which is wages and benefits and so

        13       forth.

        14                  And the reason I say that is I

        15       think there's a bit of confusion as to how

        16       this happened.  The Conference of Mayors,

        17       frankly, has been angry at some of the police

        18       unions because of what's happened in binding

        19       arbitration.  Which frankly is what this is

        20       really all about.  It really doesn't have any

        21       real impact on the cities at all.  And it has

        22       no impact on negotiations.

        23                  But I realize that the City of

        24       New York is opposed to it.  And I think the

        25       Conference of Mayors is.  And when you ask


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         1       them, they say, Well, we just don't think it's

         2       a good idea.

         3                  But that's what this bill is.

         4       Harvey Weisenberg sponsors it in the Assembly.

         5       And it hasn't been vetoed recently, but it may

         6       well be vetoed this year.  We'll see.  But I

         7       intend to see that Harvey passes this bill in

         8       the Assembly this year, because I think it's a

         9       good bill and I think we should try to do it.

        10                  THE PRESIDENT:    Senator

        11       Schneiderman.

        12                  SENATOR SCHNEIDERMAN:    Thank you,

        13       Madam President.  Briefly on the bill.

        14                  THE PRESIDENT:    You may proceed.

        15                  SENATOR SCHNEIDERMAN:    As much as

        16       I enjoy the nuances of my repetitive debates

        17       with Senator Volker over criminal justice

        18       bills, I think that the key statement he made

        19       earlier is this bill was initiated many years

        20       ago because there were some problems.  And I

        21       think we're -- this is a bill that continues

        22       to live on after those problems have

        23       essentially abated.

        24                  What this bill would do, I think,

        25       is undermine some public confidence in efforts


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         1       to enforce proper conduct by our law

         2       enforcement officers.  In my district,

         3       obviously, virtually every police officer

         4       is -- you know, is an outstanding

         5       representative of the police force.  They do

         6       good work, they put their lives at risk.

         7       However, there is a credibility issue related

         8       to misconduct by the police.

         9                  And this bill essentially would

        10       extend a confidentiality privilege to

        11       communications arising in what are defined as

        12       official duties in conversations between union

        13       representatives and police officers.  It's not

        14       like anything else.  These aren't doctors,

        15       these aren't lawyers.  It's a new

        16       confidentiality privilege.  And what many of

        17       us have objected to -- and quite a few of us

        18       have voted no on this bill in recent years --

        19       is the fact that the union representatives

        20       will not be able to disclose communications

        21       related to official duties.  And official

        22       duties essentially excludes everything as to

        23       which union representatives have expertise.

        24                  So official duties doesn't include

        25       wages, hours, working conditions, collective


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         1       bargaining agreements, retirement benefits.

         2       So all the things that a union representative

         3       might have an argument that that's something

         4       that should be held in confidence if they

         5       discussed it with a police officer, that can

         6       be disclosed.  But things related to possible

         7       acts of misconduct cannot be disclosed.

         8                  So it's simply an effort to solve a

         9       problem that I don't believe exists any longer

        10       in any substantial way.

        11                  The City is opposed to it.  It's

        12       difficult enough to -- and it's a very rare

        13       occasion and a sad occasion when we have to

        14       pursue a police officer for misconduct.  Don't

        15       misunderstand, this is not something that's a

        16       run of the mill occurrence.  It should be as

        17       rare as we can make it.

        18                  But it is a sense of many of us,

        19       and a sense of many people in our districts,

        20       that this would create an additional

        21       impediment to the efforts to obtain fair and

        22       full investigations of police officers accused

        23       of misconduct by allowing them to have

        24       communication with someone not their lawyer,

        25       another official who -- immediately upon the


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         1       commission of the act for which they are being

         2       investigated.  And there's really no need for

         3       it.

         4                  Let them talk to lawyers like

         5       everyone else.  Let them deal with it as best

         6       they can.  But there's no reason to confer

         7       this special confidentiality privilege on

         8       union officials for every issue except the

         9       issues as to which union officials generally

        10       are consulted by officers who are not being

        11       accused of misconduct.

        12                  So that's really why we've voted

        13       against it.  Maybe this is another bill in the

        14       category of things that, in a new year with a

        15       new governor, we can revisit and refine and

        16       come up with a different way to approach it.

        17       But in the absence of a change, once again I

        18       will be voting in the negative.

        19                  Thank you, Madam President.

        20                  THE PRESIDENT:    Does any other

        21       member wish to be heard?

        22                  Then the debate is closed.

        23                  The Secretary will ring the bell.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 2.  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:    Those recorded in

         5       the negative on Calendar Number 561 are

         6       Senators Andrews, DeFrancisco, Dilan, Duane,

         7       L. Krueger, Montgomery, Parker, Paterson,

         8       Schneiderman, Serrano and A. Smith.  Also

         9       Senator Sampson.

        10                  Absent from voting:  Senator

        11       Nozzolio.

        12                  Ayes, 47.  Nays, 12.

        13                  THE PRESIDENT:    The bill is

        14       passed.

        15                  THE SECRETARY:    Calendar Number

        16       582, by Senator Farley, Senate Print 1848, an

        17       act to amend the Public Authorities Law.

        18                  SENATOR SERRANO:    Explanation.

        19                  SENATOR SABINI:    Explanation.

        20                  THE PRESIDENT:    Senator Farley,

        21       an explanation has been requested.

        22                  SENATOR FARLEY:    Thank you very

        23       much, Madam President.

        24                  This bill would authorize four

        25       upstate regional transportation authorities to


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         1       utilize lines of credit.  Currently this

         2       authority is explicitly available only to the

         3       Metropolitan Transportation Authority.

         4                  This bill passed the Senate in 2003

         5       unanimously, 2004 unanimously.  And in 2005,

         6       Senator Sabini ably debated it, and it did

         7       pass, but with some objections.

         8                  This bill is rather voluminous

         9       because it amends four different sections of

        10       the Public Authorities Law governing each of

        11       these four upstate authorities:  The Niagara

        12       Frontier Authority, the Rochester-Genesee

        13       Regional Authority, the Capital District

        14       Transportation Authority, which I represent,

        15       and the Central New York Regional

        16       Transportation Authority.

        17                  This language conforms these four

        18       sections to the language currently in

        19       Section 1269, which governs the MTA.  It will

        20       enable these upstate transportation

        21       authorities to operate more efficiently and

        22       also at a lower cost, and it will create

        23       parity with the MTA.

        24                  Lines of credit are short-term

        25       revolving obligations which are primarily used


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         1       for cash-flow situations.  They can be

         2       particularly significant in the transit

         3       industry, which must deal with daily and

         4       seasonal variations in ridership as well as

         5       cyclical payment of government subsidies.

         6                  Although these authorities are able

         7       to issue short-term obligations such as

         8       revenue anticipation notes, these are

         9       relatively complex and inflexible.  They can

        10       also be more costly, and they are typically

        11       issued and interest must be paid for periods

        12       of months.  Where with a line of credit, if

        13       they need this money only for a few days, they

        14       can go out and get it and only pay the

        15       interest for a couple of days.

        16                  And incidentally, this is heavily

        17       multisponsored in the Assembly, by Canestrari,

        18       McEneny, Hoyt, Schimminger, Tonko, Aubertine,

        19       Ortiz, Cook, Magnarelli, Towns, Weisenberg.

        20       And supposedly it's a reasonable piece of

        21       legislation.

        22                  One of the concerns that some

        23       members had was with the authorities generally

        24       and the need for reform there.  And if you can

        25       recall, last year Senator Leibell passed some


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         1       very significant -- for the first time in my

         2       career here -- authority reform.  And it

         3       really made quite an impact and I think might

         4       answer some of your concerns.

         5                  I know that you're concerned about

         6       all of the "others" in there, because you

         7       asked that last year.  The "others" refer only

         8       to lines of credit for these -- for each of

         9       these authorities, to conform it with the MTA

        10       language.

        11                  THE PRESIDENT:    Senator Sabini.

        12                  SENATOR SABINI:    Thank you, Madam

        13       President.  Through you, if the sponsor would

        14       yield.

        15                  THE PRESIDENT:    Senator Farley,

        16       will you yield?

        17                  SENATOR FARLEY:    Certainly.

        18                  THE PRESIDENT:    He will yield,

        19       Senator Sabini.

        20                  SENATOR SABINI:    I want to thank

        21       the sponsor for his explanation and his

        22       concern over the issues that were raised last

        23       year on the floor.

        24                  But I still wonder what -- in the

        25       text of the bill, I believe there's 50


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         1       references to "other obligations."  And you

         2       said that that was merely lines of credit.

         3       But lines of credit could come from

         4       derivatives, could come from hedge funds,

         5       could come from almost everywhere.  Because

         6       under the definition the way I read it, it

         7       says "other obligations."  It doesn't really

         8       say what's going to back up those obligations.

         9                  So I'm wondering why the bill can't

        10       be made more specific to have some surety so

        11       we don't have a situation like we had in

        12       Orange County, California, or a situation like

        13       we had in the Long Island Power Authority.

        14                  I understand the sponsor's argument

        15       that the MTA has this authority.  Maybe they

        16       shouldn't.  So I'm just wondering why the bill

        17       couldn't be made more specific to give some

        18       assurance that these obligations wouldn't be

        19       riskier investments.

        20                  SENATOR FARLEY:    Your question

        21       speaks to investments.  This is where Orange

        22       County got into trouble, by investing in risky

        23       things.

        24                  These are not investments.  This is

        25       borrowing.  They're borrowing under a line of


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         1       credit from a bank.  They get a line of credit

         2       from the bank, and they can go out and get

         3       money for a very short length of time to cover

         4       some cash-flow problem that they may have.

         5                  THE PRESIDENT:    Senator Sabini.

         6                  SENATOR SABINI:    Madam President,

         7       if the sponsor would continue to yield.

         8                  THE PRESIDENT:    Senator Farley,

         9       do you yield?

        10                  SENATOR FARLEY:    Certainly.

        11                  THE PRESIDENT:    You may proceed,

        12       Senator Sabini.

        13                  SENATOR SABINI:    My concern

        14       continues to be "obligations."  It doesn't

        15       really say "lines of credit," it just says

        16       "obligations."  And that, to me, is rather

        17       murky and again goes more toward giving

        18       authorities way more authority than they

        19       should have in the management of the people's

        20       money.

        21                  And so again, if it's lines of

        22       credit, why can't you say that in the bill?

        23       That's my question.

        24                  SENATOR FARLEY:    It does say it

        25       in the bill.


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         1                  What we're talking about, almost

         2       every business, significant business, has

         3       lines of credit where they can go out and get

         4       cash to help them through a cash-flow

         5       situation.

         6                  These upstate transit

         7       authorities -- and there really is no

         8       objection to this that I know of anywhere --

         9       these upstate authorities have to go out, if

        10       they need some cash, and issue a rather

        11       complex and inflexible short-term obligation

        12       in a revenue anticipation note.  And which

        13       usually involves months of interest, because

        14       they have a term.  Whereas, this time, they

        15       might only need the line of credit or to

        16       borrow the money for a few days.

        17                  It's basically -- I can understand,

        18       because of the complexity of the four regional

        19       authorities, that we have to conform it for

        20       each one of these authorities with the MTA

        21       language.

        22                  SENATOR SABINI:    Madam President,

        23       on the bill.

        24                  THE PRESIDENT:    You may proceed

        25       on the bill, Senator Sabini.


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         1                  SENATOR SABINI:    I appreciate the

         2       sponsor's attempts to make this clear and more

         3       palatable.  But again, in reading the bill, it

         4       keeps adding words like "other obligations" to

         5       the coupling of notes and bonds to where this

         6       money can come from.

         7                  I'm concerned about it.  I'm

         8       concerned that the state continues to allow

         9       all its authorities to borrow way out of the

        10       level at which we can repay and are saddling

        11       our next generations with that kind of debt.

        12       I'd like to see it more specific.

        13                  I'm glad that Senator Leibell's

        14       bill passed last year.  I think, in the spirit

        15       of it, this bill should be tightened up.  And

        16       while I don't cast any nefarious aspersions on

        17       the sponsor or his intentions, I do worry

        18       about what happens down the road when we open

        19       doors like this.  So I'll be voting in the

        20       negative.

        21                  Thank you.

        22                  THE PRESIDENT:    Does any other

        23       member wish to be heard on this bill?

        24                  Then the debate is closed.

        25                  The Secretary will ring the bell.


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         1                  Read the last section.

         2                  THE SECRETARY:    Section 5.  This

         3       act shall take effect immediately.

         4                  THE PRESIDENT:    Call the roll.

         5                  (The Secretary called the roll.)

         6                  THE PRESIDENT:    Senator

         7       Schneiderman, to explain your vote.

         8                  SENATOR SCHNEIDERMAN:    Thank you,

         9       Madam President.

        10                  I would urge my colleagues and the

        11       sponsor -- who I agree with Senator Sabini

        12       about the sincerity of his efforts to provide

        13       reform -- all that's really required is to

        14       provide a definition for the words "other

        15       obligations," which are all through this bill

        16       but never defined.

        17                  If we're talking about a line of

        18       credit as opposed to an investment in a

        19       musical or in some sort of derivative, that

        20       has to be made clear.  As currently drafted,

        21       it is not clear.

        22                  I hope that we can modify this so

        23       that we can move forward.  This really is a

        24       drafting matter more than anything else.  And

        25       it is with that that I'm going to be voting


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         1       no, but in the hopes that we can vote yes on a

         2       similar bill sometime soon.

         3                  Thank you, Madam President.

         4                  THE PRESIDENT:    You will be

         5       recorded as voting in the negative, Senator

         6       Schneiderman.

         7                  The Secretary will announce the

         8       results.

         9                  THE SECRETARY:    Those recorded in

        10       the negative on Calendar Number 582 are

        11       Senators Duane, Gonzalez, Klein, L. Krueger,

        12       Montgomery, Parker, Sabini, Savino,

        13       Schneiderman, Serrano, A. Smith and Stavisky.

        14                  Absent from voting:  Senator

        15       Nozzolio.

        16                  Ayes, 47.  Nays, 12.

        17                  THE PRESIDENT:    The bill is

        18       passed.

        19                  Senator Robach, that completes the

        20       reading of the calendar.

        21                  SENATOR ROBACH:    Amen.

        22                  (Laughter.)

        23                  THE PRESIDENT:    So be it.

        24                  SENATOR ROBACH:    Madam President,

        25       is there any other business at the desk?


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         1                  THE PRESIDENT:    No, there is not,

         2       Senator Robach.

         3                  SENATOR ROBACH:    On the

         4       recommendation of Senator Paterson, Senator

         5       Bruno hands up the following committee

         6       assignment changes.

         7                  THE PRESIDENT:    The committee

         8       change is received and will be filed in the

         9       Journal.

        10                  Senator Robach.

        11                  SENATOR ROBACH:    Yes, Madam

        12       President.  Would you recognize Senator

        13       Open-heimer, please.

        14                  THE PRESIDENT:    Senator

        15       Oppenheimer.  Senator Oppenheimer.

        16                  SENATOR OPPENHEIMER:    Thank you.

        17                  No, the actual original way it was

        18       pronounced was Open-heimer, and that was the

        19       way it was spoken in Germany.  But since my

        20       husband came over here as a little boy, we are

        21       now calling it Oppenheimer.

        22                  I have motion at the desk, and I'd

        23       like it called up at this time.  But if the

        24       clerk will not read it, I will --

        25                  THE PRESIDENT:    The Secretary


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         1       will read it.  He needs to read it.

         2                  THE SECRETARY:    Senate Print

         3       6801, by Senator Oppenheimer, an act to amend

         4       the Public Health Law and the State Finance

         5       Law.

         6                  THE PRESIDENT:    Senator

         7       Oppenheimer.

         8                  SENATOR OPPENHEIMER:    Okay.  I

         9       would like to explain this motion, in place of

        10       having it read.

        11                  Today I'm putting forth a motion to

        12       petition on Senate Bill 6801.  It's called the

        13       Healthy Teens Education Act.

        14                  My bill will establish an

        15       age-appropriate sex education grant program

        16       within the Department of Health.  Grants will

        17       be awarded on a competitive basis to school

        18       districts, BOCES -- that's Boards of

        19       Cooperative Educational Services.  You know,

        20       we say acronyms so often, we forget -- also

        21       school-based health clinics and

        22       community-based organizations, who will

        23       develop comprehensive education programs aimed

        24       at preventing unwanted pregnancies and the

        25       occurrence of sexually transmitted diseases


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         1       amongst our youth.  And it is pretty rampant

         2       at this time.

         3                  The programs established under my

         4       bill will be age-appropriate and medically

         5       accurate.  They will not teach or promote

         6       religion.  They will teach that abstinence is

         7       the only way to avoid pregnancy or sexually

         8       transmitted diseases.  It will stress the

         9       value of abstinence while not ignoring those

        10       adolescents who may be sexually active, and

        11       will provide information, this program, about

        12       the health benefits and the side effects of

        13       all contraceptives as a means to prevent

        14       pregnancy.

        15                  Why do our children need

        16       comprehensive, age-appropriate sex education

        17       programs?  I think we all know the answer, but

        18       I'll be happy to elucidate.

        19                  In 2003 there were nearly 40,000

        20       teen pregnancies in New York State.  In 2003,

        21       4 percent of female high school students and

        22       11 percent of male high school students in

        23       New York reported having had sexual

        24       intercourse before the age of 13.  Also in

        25       2003, 8 percent of female high school students


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         1       and 18 percent of male high school students in

         2       New York reported having four or more sexual

         3       partners.

         4                  In 2002, the pregnancy rate for

         5       15-to-19-year-olds across our state was 47 per

         6       thousand.  In some counties, it happened to be

         7       much higher than generally in the state.  Like

         8       in Montgomery County, they had a rate of 73

         9       per thousand.  And in some counties it was

        10       much lower, like in Tompkins, where it was

        11       almost 22 per thousand.  My own county of

        12       Westchester had a pregnancy rate for these

        13       same 15-to-19-year-olds of 47 percent.  It was

        14       lower than the state average but, in my

        15       opinion, still much too high.

        16                  There is broad support for

        17       age-appropriate sex education in public

        18       schools.  Majorities of every demographic

        19       group, and I can say even Republicans and

        20       antichoice voters, favor teaching

        21       age-appropriate, medically accurate sex

        22       education in the schools.

        23                  There is overwhelming consensus

        24       among voters in New York that age-appropriate,

        25       medically accurate sex education -- which we


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         1       used to, in the old days, call sex ed --

         2       should be taught in New York's public schools,

         3       with nearly 6 in 10 expressing very strong

         4       support in a 2006 poll conducted by the Lake

         5       Research Partners.

         6                  In that same poll, over half of the

         7       voting electorate in New York State strongly

         8       supports legislation that has been introduced

         9       that would provide funding for programs to

        10       support sex ed in New York.

        11                  Across the political spectrum, a

        12       majority of Democrats, Republicans and

        13       independents alike prefer sex ed programs that

        14       include abstinence as a component to programs

        15       that promote abstinence only, according to a

        16       poll commissioned by the Othmer Institute in

        17       2002.

        18                  I'd like to close with a quote from

        19       David Satcher, the former surgeon general of

        20       the United States, regarding the challenges

        21       posed by inadequate sex education:  "We face a

        22       serious public health challenge regarding the

        23       sexual health of our nation.  Doing nothing is

        24       unacceptable.  More than anyone, it is our

        25       children who will suffer the consequences of


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         1       our failure to meet these responsibilities."

         2                  I might add that this bill, this

         3       sex ed bill, passed in the -- pardon me, we're

         4       calling it the Healthy Teens Act -- passed in

         5       the Assembly day before yesterday by a very

         6       interesting vote of 126 aye with 15 nay.

         7                  And for myself, I have often said

         8       that we would never think of sending our

         9       children out to drive cars without teaching

        10       them how to drive.  I think maybe sex ed is

        11       even more important.  We don't have to teach

        12       them how to have sex, but we have to teach

        13       them what it is to be responsible and to be

        14       careful and to understand the consequences,

        15       because being a parent is a lot more than just

        16       having a child, having a baby.

        17                  Thank you.

        18                  THE PRESIDENT:    All those

        19       Senators in favor of the petition out of

        20       committee please signify by raising your hand.

        21                  THE SECRETARY:    Those recorded in

        22       agreement are Senators Breslin, Connor,

        23       Coppola, Dilan, Duane, Gonzalez, Klein,

        24       L. Krueger, C. Kruger, Montgomery, Onorato,

        25       Oppenheimer, Parker, Paterson, Sabini,


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         1       Sampson, Savino, Schneiderman, Serrano,

         2       A. Smith, M. Smith, Stavisky and Valesky.

         3                  THE PRESIDENT:    The petition out

         4       of committee is not agreed to.

         5                  Senator Robach.

         6                  SENATOR ROBACH:    Madam President,

         7       there being no further business, I move we

         8       adjourn until Wednesday, April 5th, at

         9       11:00 a.m.

        10                  THE PRESIDENT:    On motion, the

        11       Senate now stands adjourned until Wednesday,

        12       April 5th, at 11:00 a.m.

        13                  (Whereupon, at 4:24 p.m., the

        14       Senate adjourned.)

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25


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