Regular Session - April 4, 2006
2033
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
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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.)
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