Regular Session - March 26, 2007
1640
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 26, 2007
11 3:09 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR DAVID A. PATERSON, President
19 STEVEN M. BOGGESS, Secretary
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 I would ask all assembled to please
5 join with me in observing our Flag by reciting
6 the Pledge of Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: It is indeed a
10 special day here in the Senate, as it is every
11 year when we get this wonderful visit from
12 Rabbi Shmuel Butman. He and all the other
13 rabbis of the Lubavitcher movement have joined
14 us today.
15 And so let me present to you Rabbi
16 Shmuel Butman, in memory of the Grand Rebbe of
17 the Lubavitcher, Menachem Schneerson, 1902 to
18 1994, of blessed memory.
19 RABBI BUTMAN: Boy. That's so
20 nice, David.
21 Let us pray.
22 [Hebrew] Our Heavenly Father, we
23 ask You to bestow your blessings upon all the
24 members of this great institution, the State
25 Senate of the State of New York. Bestow Your
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1 blessings on them and the members of their
2 family, for good health, long life, happiness
3 and fulfillment in all their endeavors.
4 As mentioned earlier, we are here
5 to celebrate the 105th birthday of the
6 Lubavitcher Rebbe, Rabbi Menachem M.
7 Schneerson. It is customary that we say the
8 chapter in Psalms corresponding to our age,
9 but we say the next chapter, because we are
10 already in next year. So when the Rebbe
11 becomes 105 years old, he is in his 106th
12 year.
13 In the first verse of Chapter 106
14 in Psalms, written by King David, he says
15 [Hebrew], which means: Thank Almighty God,
16 for He is good and His benevolence is eternal.
17 There was a great sage, Rebbe Levi
18 Yitzchok of Berditchev, and when you would ask
19 him how he is, he would say [Hebrew], meaning:
20 [Hebrew] I thank God for the past, [Hebrew] I
21 thank God for the present. Almighty God is
22 good. [Hebrew] I thank God for His eternal
23 benevolence.
24 Each and every single one of us is
25 thanking God. We thank God for the past, we
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1 thank God for the present, and we thank God
2 for the future, especially each and every one
3 of you, who is elected by the great people of
4 the State of New York to be their
5 representative in the past, in the present,
6 and hopefully in the future. You are the
7 custodians of goodness, kindness, honesty,
8 decency in the State of New York.
9 I remember that years ago when I
10 went to Washington, in 1991, to open the
11 United States Senate, your sister
12 organization, the Rebbe told me: "Take a
13 tzedakah pushkeh with you, and while you will
14 pray, you should offer a dollar and let
15 everybody see what charity should go for."
16 I'm going to do what the Rebbe
17 asked me to do. I'm going to make this
18 offering of one dollar, and on this dollar it
19 does say: "In God we trust." They did not
20 forget. On this dollar it says: "In God we
21 trust," and I'm making this offering.
22 The Rebbe says we live in a special
23 generation: The last generation of exile, the
24 first generation of redemption. We can bring
25 the redemption closer by doing more deeds of
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1 goodness and kindness. Putting a dollar into
2 a pushkeh is an act of goodness and kindness.
3 So I don't want you to think this
4 is a fundraising campaign. However, if anyone
5 wants to contribute one dollar into the
6 pushkeh to do an act of goodness and kindness,
7 that would be greatly appreciated.
8 May Almighty God bestow his
9 blessings on you, as every Saturday we say a
10 special blessing for you. In our synagogues
11 on Saturday, we say [Hebrew]: All those who
12 serve the public faithfully, as you do,
13 [Hebrew], which means Almighty God himself
14 should reward their deeds.
15 We as human beings are too small to
16 be able to reward you for all the good things
17 that you do. But Almighty God Himself, in His
18 eternal benevolence, will reward you for all
19 the good things you do and for all the service
20 you offer for the great people in the State of
21 New York -- and, by extension, to all the
22 people in the United States and all the people
23 in the free world -- for health, for
24 happiness, for fulfillment in your personal
25 life and in your communal life.
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1 And let us say amen.
2 THE PRESIDENT: Amen.
3 SENATOR SKELOS: Mr. President.
4 Mr. President.
5 THE PRESIDENT: Senator Skelos.
6 SENATOR SKELOS: Mr. President, I
7 would like to once again welcome -- I'd like
8 to welcome the distinguished Rabbi and learned
9 Rabbi to the chamber.
10 And, Rabbi, I just want to point
11 out that the dollar that the Lieutenant
12 Governor gave you, he borrowed it from me.
13 (Laughter.)
14 THE PRESIDENT: Ten more minutes
15 and we'll all agree on the avails.
16 (Laughter.)
17 THE PRESIDENT: The reading of
18 the Journal.
19 THE SECRETARY: In Senate,
20 Sunday, March 25, the Senate met pursuant to
21 adjournment. The Journal of Saturday,
22 March 24, was read and approved. On motion,
23 Senate adjourned.
24 THE PRESIDENT: Without
25 objection, the Journal stands approved as
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1 read.
2 Presentation of petitions.
3 Messages from the Assembly.
4 Messages from the Governor.
5 Reports of standing committees.
6 Reports of select committees.
7 Communications and reports from
8 state officers.
9 Motions and resolutions.
10 Senator Nozzolio.
11 SENATOR NOZZOLIO: Thank you,
12 Mr. President.
13 I wish to call up, on behalf of
14 Senator Marcellino, Print Number 699, recalled
15 from the Assembly, which is now at the desk.
16 THE PRESIDENT: The Secretary
17 will read.
18 THE SECRETARY: Calendar Number
19 144, by Senator Marcellino, Senate Print 699,
20 an act to amend the Environmental Conservation
21 Law.
22 SENATOR NOZZOLIO: Mr. President,
23 I now move to reconsider the vote by which
24 this bill was passed.
25 THE PRESIDENT: The Secretary
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1 will call the roll upon reconsideration.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 51.
4 SENATOR NOZZOLIO: On behalf of
5 Senator Marcellino, I offer the following
6 amendments.
7 THE PRESIDENT: The amendments
8 are received and adopted.
9 Senator Nozzolio.
10 SENATOR NOZZOLIO: Thank you
11 again, Mr. President.
12 On behalf of Senator Maltese, I
13 move that the following bills be discharged
14 from their respective committees and be
15 recommitted with instructions to strike the
16 enacting clause: Senate Number 301.
17 THE PRESIDENT: So ordered.
18 Senator Skelos.
19 SENATOR SKELOS: Mr. President, I
20 believe there's one substitution at the desk.
21 If we could make it at this time.
22 THE PRESIDENT: Could we have a
23 little order in the chamber. I'm having
24 trouble hearing Senator Skelos. And he did
25 lend me a dollar earlier; I'd like to hear
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1 everything that he says.
2 The Secretary will read.
3 THE SECRETARY: On page 21,
4 Senator Oppenheimer moves to discharge, from
5 the Committee on Investigations and Government
6 Operations, Assembly Bill Number 3358 and
7 substitute it for the identical Senate Bill
8 Number 1553, Third Reading Calendar 275.
9 THE PRESIDENT: Substitution
10 ordered.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 if we could go to the noncontroversial reading
14 of the calendar.
15 THE PRESIDENT: The Secretary
16 will conduct the noncontroversial reading of
17 the calendar.
18 THE SECRETARY: Calendar Number
19 85, by Senator Maziarz, Senate Print 1621, an
20 act to amend the Labor Law, in relation to
21 directing a review.
22 THE PRESIDENT: The Secretary
23 will read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 THE PRESIDENT: The Secretary
2 will call the roll.
3 (The Secretary called the roll.)
4 THE PRESIDENT: And the Secretary
5 will announce the results.
6 THE SECRETARY: Ayes, 53.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 118, by Senator Little, Senate Print 1129, an
11 act to amend the Town Law, in relation to
12 appointment.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE PRESIDENT: Results.
20 THE SECRETARY: Ayes, 55.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 205, by Senator Young, Senate Print 391, an
25 act to amend the Vehicle and Traffic Law, in
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1 relation to the definition of drug.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the 30th day.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE PRESIDENT: Results.
9 THE SECRETARY: Ayes, 54. Nays,
10 1. Senator Duane recorded in the negative.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 227, by Senator Skelos, Senate Print 2625, an
15 act to amend the Real Property Tax Law, in
16 relation to adjusted base proportions.
17 THE PRESIDENT: By all means,
18 read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 228, by Senator Skelos, Senate Print 2626, an
3 act to amend the Real Property Tax Law, in
4 relation to allowing.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 229, by Senator Farley, Senate Print 827, an
16 act to amend Chapter 591 of the Laws of 2001
17 amending the Banking Law.
18 THE PRESIDENT: Last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 244, by Senator Larkin, Senate Print 223, an
3 act to amend the Education Law, in relation to
4 requiring institutions.
5 THE PRESIDENT: Last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of January
8 next succeeding.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE PRESIDENT: Senator Krueger,
12 to explain her vote.
13 SENATOR LIZ KRUEGER: Thank you,
14 Mr. President.
15 Well, we've debated this here in
16 previous years, so I won't go through the
17 debate with Senator Larkin again.
18 But in voting no for the bill, let
19 me both make the same point that if not
20 carefully crafted and implemented, passage of
21 this legislation would violate the federal
22 FERPA law, putting federal funds in jeopardy
23 for our colleges.
24 And, second and most fundamental
25 for me, if you're 18 and you're in college,
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1 therefore you're defined as an adult -- we
2 send you to war at 18 -- that you and your
3 parents should work out the details of when
4 you provide them grades.
5 I respect that many of my
6 colleagues feel, having college-student
7 children, that they sometimes don't know what
8 they're doing. And they want to know more,
9 and they want to be involved, and I totally
10 respect that. I don't think we have to
11 legislate it.
12 If your children don't want to give
13 you their grades from college and they are
14 dependents, don't pay the next semester's
15 tuition until you get the grades. We in the
16 Legislature don't need to be involved in this
17 relationship.
18 I vote no, Mr. President. Thank
19 you.
20 THE PRESIDENT: Senator Krueger
21 will be recorded in the negative.
22 Senator Connor, to explain his
23 vote.
24 SENATOR CONNOR: Thank you,
25 Mr. President.
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1 You know, when I first sat in this
2 chamber, I wasn't so many years -- just a few
3 years out of school. And I opposed raising
4 the drinking age because in my generation, in
5 the late '60s and '70s, while New York had 18,
6 we fought to get 18 in other places, because
7 at 18 my generation was sent to war, and they
8 weren't volunteers. A lot of them weren't
9 volunteers.
10 And so when FERPA first passed, I
11 thought that's great, why should the parents
12 get the grades and all.
13 You know, was it Churchill that
14 said when you get older, you know, you're a
15 fool if you're not more conservative? Well,
16 it's not that I'm older. I happen to have two
17 college-age sons, and I write the checks. And
18 yes, they're legally adults -- but, at 18, not
19 mature.
20 In conference I offered Senator
21 Krueger or any of my other colleagues who
22 don't have college-age kids that they could
23 adopt one and pay the tuition for a year and
24 see if they want to see the grades or not.
25 But I think, on a serious level,
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1 parents ought to know the grades. More
2 importantly, they ought to know how their
3 child is doing.
4 I went to a very sad funeral on
5 Saturday of a young woman who had gone off to
6 Yale, I guess flunked her first semester, then
7 went to Columbia, flunked her second semester.
8 You know, it took a while for her parents to
9 catch on. She had a serious drug problem, and
10 unfortunately she passed away last week from
11 it.
12 So there are serious issues here.
13 And I think we ought to rethink about the role
14 parents play in the lives of 18- and 19- and
15 20-year-olds. If the school can't tell you if
16 your child is cutting all their classes
17 because they have some problem, whether it's
18 substance or whatever -- psychological -- and
19 they can't show you the grades, it's very hard
20 for parents to take steps when their son or
21 daughter is in some sort of trouble.
22 Albeit legally an adult, they are
23 still learning and finding their way, and
24 problems do develop. And I think we ought to
25 be helping parents.
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1 So I'm voting for this bill, and I
2 applaud the sponsor for bringing it out.
3 THE PRESIDENT: Senator Connor
4 will be recorded in the affirmative.
5 Senator Diaz, to explain his vote.
6 SENATOR DIAZ: Thank you,
7 Mr. President.
8 I'm also joining my colleague
9 Senator Connor in supporting this bill. I
10 believe that a parent has all the right to
11 know, as long as their children live in their
12 home and they are responsible for those
13 children, even though they are 18, 19,
14 whatever age they are.
15 For a parent to send their children
16 to a university, sometimes they have to spend
17 money paying, helping their children in their
18 education. And for them to be prevented of
19 knowing the grades or how our children are
20 doing in any university or college is
21 something that I would not support.
22 I think that parents have the
23 right. I voted last year for this bill. And
24 again, I'm voting for it again. And a parent
25 has all the right in the world to know. To
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1 deny the parent the right to know is something
2 that the State of New York should not get
3 involved in.
4 So I'm supporting the sponsor and
5 praising the sponsor of the bill and joining
6 everyone that is voting in favor of this bill.
7 Please, Mr. Chairman, count me in
8 favor of the bill. Thank you.
9 THE PRESIDENT: Senator Diaz will
10 be recorded in the affirmative.
11 The Secretary will announce the
12 results.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 244 are
15 Senators Breslin, Duane, L. Krueger, Parker,
16 Perkins and Serrano.
17 Ayes, 54. Nays, 6.
18 THE PRESIDENT: The bill is
19 passed in loco parentis.
20 THE SECRETARY: Calendar Number
21 263, by Senator Golden, Senate Print 2338, an
22 act to authorize the executive director of the
23 Office of Real Property Tax Services.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE PRESIDENT: Announce the
6 results.
7 THE SECRETARY: Ayes, 61.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 275, substituted earlier today by Member of
12 the Assembly Bradley, Assembly Print Number
13 3358, an act to amend the Tax Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 310, by Senator Seward, Senate Print 3020A, an
25 act to amend the Insurance Law, in relation to
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1 establishing.
2 THE PRESIDENT: Last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 61.
8 THE PRESIDENT: The bill is
9 passed.
10 Senator Skelos, that completes the
11 reading of the calendar.
12 SENATOR SKELOS: Is there any
13 further business to come before the Senate?
14 THE PRESIDENT: There is no
15 business at the desk, Senator Skelos.
16 SENATOR SKELOS: There being no
17 further business, I move we stand adjourned
18 until Tuesday, March 27th, at 3:00 p.m.
19 THE PRESIDENT: The Senate will
20 stand adjourned until Tuesday, March 27th, at
21 3:00 p.m.
22 (Whereupon, at 3:28 p.m., the
23 Senate adjourned.)
24
25
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