Wednesday, March 10, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 10, 2010 11 3:36 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT VALESKY: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT VALESKY: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Tuesday, March 9, the Senate met pursuant to 19 adjournment. The Journal of Monday, March 8, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT VALESKY: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, on 10 behalf of Senator Foley, I wish to call up 11 Print Number 5945, recalled from the Assembly, 12 which is now at the desk. 13 ACTING PRESIDENT VALESKY: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 86, by Senator Foley, Senate Print 5945, an 17 act to amend the Election Law. 18 SENATOR KLEIN: Mr. President, I 19 now move to reconsider the vote by which this 20 bill was passed. 21 ACTING PRESIDENT VALESKY: The 22 Secretary will call the roll on 23 reconsideration. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 49.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 bill is before the house. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, I 5 now offer the following amendments. 6 ACTING PRESIDENT VALESKY: So 7 ordered. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, 10 can you please call on Senator Libous for a 11 motion. 12 ACTING PRESIDENT VALESKY: 13 Senator Libous. 14 SENATOR LIBOUS: Thank you, 15 Mr. President. I'm glad you called on me, 16 because I wasn't sure if you would recognize 17 me. 18 On behalf of Senator Maziarz, 19 Mr. President, on page 10 I offer the 20 following amendments to Calendar Number 108, I 21 believe Senate Print Number 1055B, and ask 22 that said bill retain its place on the Third 23 Reading Calendar. 24 ACTING PRESIDENT VALESKY: So 25 ordered.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, do 3 we have any substitutions at the desk? 4 ACTING PRESIDENT VALESKY: There 5 are substitutions. 6 The Secretary will read. 7 THE SECRETARY: On page 8, 8 Senator Serrano moves to discharge, from the 9 Committee on Finance, Assembly Bill Number 10 8395 and substitute it for the identical 11 Senate Bill Number 5811, Third Reading 12 Calendar 51. 13 On page 9, Senator Klein moves to 14 discharge, from the Committee on Codes, 15 Assembly Bill Number 4015A and substitute it 16 for the identical Senate Bill Number 5988, 17 Third Reading Calendar 66. 18 On page 14, Senator Serrano moves 19 to discharge, from the Committee on Codes, 20 Assembly Bill Number 8154A and substitute it 21 for the identical Senate Bill Number 4603A, 22 Third Reading Calendar 189. 23 On page 15, Senator Schneiderman 24 moves to discharge, from the Committee on 25 Codes, Assembly Bill Number 7805B and

Candyco Transcription Service, Inc. 1 substitute it for the identical Senate Bill 2 Number 5461B, Third Reading Calendar 191. 3 And on page 15, Senator Adams moves 4 to discharge, from the Committee on Finance, 5 Assembly Bill Number 8182 and substitute it 6 for the identical Senate Bill Number 3021, 7 Third Reading Calendar 199. 8 ACTING PRESIDENT VALESKY: 9 Substitutions ordered. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, I 12 believe Senator Smith has a resolution at the 13 desk. I ask that the title of the resolution 14 be read and move for its immediate adoption. 15 ACTING PRESIDENT VALESKY: 16 Senator Klein, has this resolution been deemed 17 privileged and submitted by the office of the 18 Temporary President? 19 SENATOR KLEIN: Yes, it has, 20 Mr. President. 21 ACTING PRESIDENT VALESKY: The 22 Secretary will read. 23 THE SECRETARY: By Senator Smith, 24 legislative resolution honoring Ericka K. Wala 25 upon the occasion of being selected as

Candyco Transcription Service, Inc. 1 Constituent of the Month for her valuable 2 contributions as Principal of the Peninsula 3 Preparatory Academy, Far Rockaway, Queens. 4 ACTING PRESIDENT VALESKY: All in 5 this favor of adopting the resolution -- 6 SENATOR LIBOUS: Mr. President. 7 ACTING PRESIDENT VALESKY: 8 Senator Libous. 9 SENATOR LIBOUS: Could I have an 10 explanation on what "Constituent of the Month" 11 is? I understand we're honoring an 12 individual. But what is the title 13 "Constituent of the Month"? Is this a new 14 honor bestowed upon individuals by the Senate? 15 ACTING PRESIDENT VALESKY: 16 Senator Libous, is this a point of order that 17 you're stating or -- 18 SENATOR LIBOUS: Mr. President, I 19 could state a point of order. Or a point of 20 information. 21 ACTING PRESIDENT VALESKY: 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, 24 can we please stand at ease. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 Senate will stand at ease. 2 (Whereupon, the Senate stood at 3 ease at 3:41 p.m.) 4 (Whereupon, the Senate reconvened 5 at 3:43 p.m.) 6 SENATOR KLEIN: Mr. President, 7 can we proceed? 8 ACTING PRESIDENT VALESKY: 9 Senator Klein. 10 SENATOR KLEIN: Move the 11 resolution. 12 ACTING PRESIDENT VALESKY: All 13 those in favor of adopting the resolution 14 signify by saying aye. 15 (Response of "Aye.") 16 SENATOR LIBOUS: I'd like to 17 speak on the resolution. 18 ACTING PRESIDENT VALESKY: 19 Senator Libous, on the resolution. 20 SENATOR LIBOUS: I just spoke 21 with Senator Smith, who is sponsoring the 22 resolution. And certainly his constituent is 23 worthy of being honored by the Senate, and I 24 congratulate the constituent. 25 But I suggested that in the future

Candyco Transcription Service, Inc. 1 the title "Constituent of the Month" might be 2 rewritten, only because I think if 62 Senators 3 decided that each one of us wanted to have a 4 constituent of the month, we would be kind of 5 buried in paperwork here. 6 While it's important to honor our 7 constituents, I think doing it in a way that 8 is not requiring a monthly or a weekly salute 9 is the way we should do it, as we have for the 10 last so many years. 11 So I will support the resolution 12 and hope that the title will be different in 13 the future. 14 ACTING PRESIDENT VALESKY: Thank 15 you, Senator Libous. 16 Senator Klein. 17 SENATOR KLEIN: On the 18 resolution. 19 This is a young woman who dedicated 20 her life to education. She was principal of 21 the Peninsula Preparatory Academy in 22 Far Rockaway. 23 I know over the course of this 24 legislative session my office, as well as the 25 Temporary President, has given tremendous

Candyco Transcription Service, Inc. 1 leeway to both sides of the aisle in what 2 resolutions we bring to the floor to honor our 3 constituents. I guess we have to look at it a 4 lot more carefully in the future. 5 And I guess we won't be as, I 6 guess, willing to give in to some of our 7 colleagues when they have their constituents 8 here who work so hard for their districts and 9 deserve the recognition on the floor of the 10 State Senate. 11 Thank you. 12 ACTING PRESIDENT VALESKY: Thank 13 you, Senator Klein. 14 All in favor of adopting the 15 resolution signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT VALESKY: 18 Opposed, nay. 19 (Response of "Nay.") 20 ACTING PRESIDENT VALESKY: The 21 resolution is adopted. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, 24 can we please move to a reading of the 25 calendar.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 Secretary will proceed with the reading of the 3 active bills on Senate Calendar Number 19. 4 THE SECRETARY: Calendar Number 5 150, by Senator Sampson, Senate Print 6264A, 6 an act to amend the Judiciary Law -- 7 SENATOR KLEIN: Lay the bill 8 aside for the day, Mr. President. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside for the day. 11 THE SECRETARY: Calendar Number 12 177, by Senator Stavisky, Senate Print 1736 -- 13 SENATOR KLEIN: Lay the bill 14 aside for the day. 15 ACTING PRESIDENT VALESKY: The 16 bill is laid aside for the day. 17 THE SECRETARY: Calendar Number 18 182, by Senator Aubertine, Senate Print 6317A, 19 an act to amend the Agriculture and Markets 20 Law, in relation to definition. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT VALESKY: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 53. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 183, by Senator Aubertine, Senate Print 6443A, 8 an act to amend the Agriculture and Markets 9 Law, in relation to including production. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 53. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 184, by Senator Valesky -- 22 SENATOR LIBOUS: Lay it aside. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 187, by Member of the Assembly Jeffries, 2 Assembly Print -- 3 SENATOR KLEIN: Lay the bill 4 aside for the day. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside for the day. 7 THE SECRETARY: Calendar Number 8 198, by Member of the Assembly DelMonte, 9 Assembly Print Number 901A, an act to amend 10 the Town Law and the Public Authorities Law, 11 in relation to travel. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect June 1, 2012. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 53. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 208, by Senator Dilan, Senate Print 1434, an 24 act to amend the Election Law, in relation to 25 prohibiting election commissioners.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect -- 5 SENATOR KLEIN: Lay the bill 6 aside for the day. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside for the day. 9 THE SECRETARY: Senator Klein, 10 that completes the noncontroversial reading of 11 the active bills. 12 SENATOR KLEIN: Mr. President, at 13 this time can we please go to a reading of the 14 controversial calendar. 15 ACTING PRESIDENT VALESKY: The 16 Secretary will ring the bells. 17 Members are asked to come to the 18 chamber for a reading of the controversial 19 calendar. 20 ACTING PRESIDENT STEWART-C0USINS: 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 184, by Senator Valesky, Senate Print 6780, an 24 act to amend the Agriculture and Markets Law. 25 ACTING PRESIDENT STEWART-C0USINS:

Candyco Transcription Service, Inc. 1 Senator Padavan. 2 SENATOR PADAVAN: Yeah, Madam 3 President, would Senator Valesky yield to a 4 question. 5 SENATOR VALESKY: Certainly. 6 SENATOR PADAVAN: Or two. 7 ACTING PRESIDENT STEWART-C0USINS: 8 Senator Valesky, do you yield? 9 SENATOR VALESKY: Certainly. 10 SENATOR PADAVAN: Senator, your 11 bill would extend the current provision that 12 allows wine in frozen desserts from currently 13 ice cream to -- I quote in the bill -- "or 14 other frozen desserts." And up to 5 percent 15 of the volume of those other frozen desserts 16 could be wine. 17 Now, Senator, a question. 18 SENATOR LIBOUS: Can we have some 19 order, Madam President. 20 SENATOR PADAVAN: Frozen desserts 21 cover a wide range of products. As an 22 example, you could buy frozen pies, frozen 23 cakes, cheesecake and others. 24 Would this bill allow 5 percent by 25 volume of those products to be wine?

Candyco Transcription Service, Inc. 1 SENATOR VALESKY: Yes, it would. 2 Through you, Madam President, yes. 3 SENATOR PADAVAN: So, Senator, in 4 effect what we would be doing is in every 5 small or large retail establishment, from 6 bodegas to 7-11s to supermarkets, turning that 7 dessert area into a place where we're selling 8 5 percent of the volume -- which is a 9 significant amount if you take an apple pie -- 10 of alcohol. Is that really what you want to 11 do in this state? 12 SENATOR VALESKY: The intent of 13 the bill is to allow sorbets, sherbets and 14 other products to be added to the list of 15 products that could be made with wine, in 16 conjunction with the bill passed in this house 17 a couple of years ago that created -- I 18 believe Senator Griffo actually sponsored 19 that. 20 SENATOR PADAVAN: On the bill. I 21 don't want to belabor the point. 22 ACTING PRESIDENT STEWART-C0USINS: 23 Senator Padavan, on the bill. 24 SENATOR PADAVAN: What Senator 25 Valesky said as extended to sorbets and

Candyco Transcription Service, Inc. 1 similar products is one thing. But the way 2 the bill is written it says "or other frozen 3 desserts." There's no limitation here. It is 4 a wide and broad category. 5 And as we consider one of the 6 proposals in the budget about selling wine in 7 supermarkets, it seems to me that this is 8 something that we're moving substantially, 9 when we talk about 5 percent by volume, in 10 that direction. 11 So I would either suggest to 12 Senator Valesky that he amend the bill to be 13 more specific -- namely, sorbets and what was 14 the other product, sherbet -- and not make it 15 as broad as it is here, covering virtually 16 every product that's in the frozen dessert 17 area. 18 Now, I go into my supermarket and 19 walk down the -- there's a whole aisle, all 20 kinds of frozen desserts. And I don't think 21 we really want to turn that whole aisle into a 22 place where 5 percent by volume is going to be 23 alcohol. 24 ACTING PRESIDENT STEWART-C0USINS: 25 Senator Golden.

Candyco Transcription Service, Inc. 1 SENATOR GOLDEN: Thank you, 2 Madam President. I -- Senator Valesky -- 3 ACTING PRESIDENT STEWART-C0USINS: 4 Are you asking Senator Valesky to yield? 5 SENATOR GOLDEN: Yes, please. 6 ACTING PRESIDENT STEWART-C0USINS: 7 Senator Valesky, do you yield for a question? 8 SENATOR VALESKY: Yes, certainly. 9 SENATOR GOLDEN: Senator Valesky, 10 do you know how much volume is in a can of 11 beer, how much volume of alcohol is in a can 12 of beer? 13 SENATOR VALESKY: I don't have 14 that information in front of me, no, Senator. 15 SENATOR GOLDEN: Could you get 16 some of your staff -- 17 SENATOR VALESKY: Madam 18 President, I'm not sure how the question is 19 relevant to the bill before us. 20 SENATOR GOLDEN: It's a -- it 21 does -- I will get there. I just want to know 22 how much volume of alcohol is in a beer or in 23 a glass of wine. I'm trying to come to the -- 24 SENATOR VALESKY: Madam 25 President, through you, I believe it varies on

Candyco Transcription Service, Inc. 1 the product that we're talking about. I don't 2 think there's one answer to the question. 3 SENATOR GOLDEN: Well, I -- 4 ACTING PRESIDENT STEWART-C0USINS: 5 Senator Golden, would you direct your question 6 through the President? 7 SENATOR GOLDEN: Yes. The -- I 8 know when I was in the service, there were 9 2 percent. But I believe the volume in beer 10 is somewhere around 5 percent, 7 percent. 11 Wine, similar. 12 So we're going to be selling these 13 types of parfaits, cakes, ice creams in these 14 stores, delicatessens, bodegas, that would 15 have content that would be equal to or similar 16 to or close to that of a can of beer or a 17 glass of wine. 18 SENATOR VALESKY: Madam 19 President, through you, I am not aware of any 20 product that presently exists or any interest 21 in creating such a product. 22 As Senator Padavan and I discussed, 23 there has been an interest in developing a 24 wine sorbet. And this bill simply, by 25 addressing that interest, expands the original

Candyco Transcription Service, Inc. 1 definition from law two years ago to include 2 the definition that is consistent with the 3 Agriculture and Markets Law in terms of frozen 4 desserts. 5 SENATOR GOLDEN: The -- on the 6 bill, Madam President. 7 ACTING PRESIDENT STEWART-C0USINS: 8 Senator Golden, on the bill. 9 SENATOR GOLDEN: We've seen only 10 recently in some delicatessens and bodegas 11 over in the Bronx that were attempting to sell 12 some concoctions in their stores that had 13 alcoholic contents to them. And I believe 14 many of the people in the community were very 15 upset about it, and many of our elected 16 officials were upset about it. 17 I believe right now it's difficult 18 for the policing agents, the SLA, the ABC, all 19 of those different units to be able to 20 supervise what is presently going on in our 21 state here, such as kids under the age of 18, 22 16, 17, purchasing beer, purchasing wine in 23 stores, purchasing liquor, going into some of 24 our institutions and our bars across the 25 state.

Candyco Transcription Service, Inc. 1 And I think this is just another 2 tool that our children will have the ability 3 to use to get that high that they're looking 4 for, in some cases. And I think that this 5 sends the wrong message in selling these out 6 of grocery stores, out of bodegas, out of 7 different stores across our state. 8 It's the wrong message. It's like 9 selling the wine in the grocery stores. 10 Tomorrow, it's our parfaits, wine in grocery 11 stores, and then eventually liquor in grocery 12 stores. 13 I think it's wrong. I think there 14 is a price to pay for that, and that's our 15 children. And some of them, unfortunately, 16 will go out, some of them will drive, some of 17 them will get into accidents, and some of them 18 will kill themselves and others in these 19 vehicle accidents. And others will have, you 20 know, opportunity to have alcohol when in fact 21 we, as a responsible state legislature, should 22 not be allowing this type of alcohol to be 23 available in the stores across the State of 24 New York -- 25 ACTING PRESIDENT STEWART-C0USINS:

Candyco Transcription Service, Inc. 1 Senator Johnson. Senator Johnson, why do you 2 rise? 3 SENATOR CRAIG JOHNSON: Will 4 Senator Golden yield for a question, please? 5 ACTING PRESIDENT STEWART-C0USINS: 6 Senator Golden, will you yield? 7 SENATOR GOLDEN: Yes, sir. 8 SENATOR CRAIG JOHNSON: Thank you 9 very much, Senator Golden. And I didn't 10 mean -- I mean, if you wanted to finish your 11 statement, I'd gladly wait. 12 SENATOR GOLDEN: I finished it. 13 I voted no on the bill. 14 SENATOR CRAIG JOHNSON: Through 15 you, Madam President. Senator Golden, I was 16 listening to your statement, and I just want 17 to get some clarification. 18 First, when you talked about the 19 incidents in the Bronx with these bodegas, can 20 you expand upon that? You talked about 21 alcohol. I'm trying to get an understanding 22 about what these incidents were with respect 23 to these concoctions that were 24 alcohol-related. 25 SENATOR GOLDEN: Well, I don't

Candyco Transcription Service, Inc. 1 believe that that has anything to do with the 2 bill that I am talking about. Through you, 3 Madam President. But I believe it was in the 4 New York Post and in other newspapers. If you 5 want to read about it, you can. 6 But what I'm discussing here is 7 alcohol that is readily available to our 8 children at a low-cost price that is as cheap 9 as a parfait or an ice cream, that our parents 10 are unaware of that these children have 11 opportunities, going into these stores and 12 having the opportunity to purchase these 13 parfaits, these ice creams, and indulging in 14 what may be alcoholic content of 5 percent. 15 SENATOR CRAIG JOHNSON: Will 16 Senator Golden continue to yield? 17 ACTING PRESIDENT STEWART-C0USINS: 18 Senator Golden, do you continue to yield? 19 SENATOR GOLDEN: Yes, I do, 20 Madam President. 21 SENATOR CRAIG JOHNSON: Senator 22 Golden, I mean I just wondered, because you 23 brought up -- in your comments in explaining 24 the bill you brought up, as an example, this 25 incidence in the Bronx as maybe a basis for

Candyco Transcription Service, Inc. 1 why you didn't support Senator Valesky's 2 legislation, and now you say it doesn't apply. 3 So I was just trying to get clarification. 4 Do you know how much someone would 5 have to consume with respect to maybe one of 6 these wine-laden parfaits in order to get the 7 buzz or the state of inebriation that we're 8 all concerned about when it comes to our young 9 people? 10 SENATOR GOLDEN: Senator, I do 11 believe -- Madam President, I do believe that 12 it doesn't matter, my dear man, in how many it 13 takes. 14 What we're doing is allowing our 15 children to have the opportunity to have 16 alcohol and to break them into the possibility 17 of having and expanding into beer and wine and 18 giving them the steps and the ability to have 19 more alcohol when they are under the age of 20 21 years of age. This is just a slippery 21 slope that allows for the children to have 22 alcohol of 5 percent content. 23 SENATOR CRAIG JOHNSON: Madam 24 President, will the Senator continue to yield 25 for a question?

Candyco Transcription Service, Inc. 1 SENATOR GOLDEN: Of course, 2 Senator. 3 ACTING PRESIDENT STEWART-C0USINS: 4 Senator Golden, do you continue to yield? 5 SENATOR GOLDEN: Yes, I do, 6 Madam President. 7 SENATOR CRAIG JOHNSON: 8 Excellent. Senator Golden, when we passed 9 this legislation in 2008 when your side 10 controlled this great chamber of ours, how did 11 you vote on this bill, when we allowed it for 12 ice cream? 13 SENATOR GOLDEN: It was not the 14 same bill, my dear Senator. Madam President. 15 SENATOR CRAIG JOHNSON: Okay. 16 Madam President, through you, I repeat my 17 question for a simple yes-or-no answer. 18 Did you vote on this legislation in 19 2008 when it came to wine in an ice cream 20 product, yes or no? 21 SENATOR GOLDEN: The answer, 22 Madam President, is no. Because it's not the 23 same bill, Madam President. 24 And the state legislator should 25 understand the difference between last year's

Candyco Transcription Service, Inc. 1 bill in 2008, two years ago, versus this bill. 2 Maybe he should be briefed before he asks the 3 question. 4 SENATOR CRAIG JOHNSON: Thank 5 you. 6 Madam President, will Senator 7 Golden continue to yield? 8 ACTING PRESIDENT STEWART-C0USINS: 9 Senator Golden, do you continue to yield? 10 SENATOR GOLDEN: Yes, I do, 11 Senator. 12 SENATOR CRAIG JOHNSON: Senator 13 Golden, your concern about our children having 14 access to this product, when a child goes in 15 to purchase, let's say, beer in a supermarket, 16 I would assume that that child could -- that 17 child or that teenager would also be proofed 18 at the supermarket checkout; correct? 19 SENATOR GOLDEN: The law is yes, 20 they should, Madam President. 21 SENATOR CRAIG JOHNSON: Okay. 22 And through you, Madam President, are they 23 also proofed with respect to the ice cream 24 that's currently sold right now under the law? 25 SENATOR GOLDEN: No, they are

Candyco Transcription Service, Inc. 1 not, Madam President. 2 SENATOR CRAIG JOHNSON: And, 3 Madam President, through you, will Senator 4 Golden continue to yield? 5 ACTING PRESIDENT STEWART-C0USINS: 6 Senator Golden, do you continue to yield? 7 SENATOR GOLDEN: Yes. Yes, I do, 8 Madam President. 9 SENATOR CRAIG JOHNSON: Have you 10 received, by the way, you know, complaints 11 from constituents, either your district or 12 other districts, as to the rise in horrific 13 underage consumption of wine ice cream in this 14 state, or in your district or in my district? 15 SENATOR GOLDEN: Madam President, 16 since it's not legal in the state of our great 17 New York, no, I have not. 18 I will tell you, though, Madam 19 President, I get constant complaints about 20 underage drinking in my community. I have 21 numbers of hit-and-run accidents. I have 22 numbers of DWIs by young children that are 23 under the age of 21, 19, 18, 17 in my 24 community. And I think he, as the good 25 Senator from Long Island, has a similar

Candyco Transcription Service, Inc. 1 problem. 2 So that's why I am so ardently 3 against this bill, Madam President. 4 SENATOR CRAIG JOHNSON: Through 5 you, Madam President, will Senator Golden 6 continue to yield? 7 ACTING PRESIDENT STEWART-C0USINS: 8 Senator Golden, do you continue to yield? 9 SENATOR GOLDEN: Yes. 10 SENATOR CRAIG JOHNSON: Do you 11 have the same complaints with respect to 12 consumption of wine in ice cream with the 13 underage drinking-and-driving problems that 14 you've just talked about? 15 SENATOR GOLDEN: Madam President, 16 I don't have it because it's not yet sold. 17 But maybe after the good Senator 18 gets this bill passed and it's here in this 19 great state, then maybe yes, we will see the 20 problems that this bill, this action brings 21 upon our communities across the State of 22 New York. 23 SENATOR CRAIG JOHNSON: Madam 24 President, will Senator Valesky yield for a 25 couple of questions as the sponsor of the

Candyco Transcription Service, Inc. 1 bill? 2 ACTING PRESIDENT STEWART-C0USINS: 3 Senator Valesky, do you yield? 4 SENATOR VALESKY: Certainly. 5 SENATOR CRAIG JOHNSON: Senator 6 Valesky, in hearing this fascinating dialogue 7 between myself and Senator Golden, maybe you 8 can explain what would be the economic impact 9 for our great state -- 10 SENATOR LIBOUS: Madam President, 11 point of order. I believe Senator Golden has 12 the floor. 13 SENATOR CRAIG JOHNSON: I 14 apologize for -- 15 ACTING PRESIDENT STEWART-C0USINS: 16 -- have the floor. 17 SENATOR LIBOUS: He interrupted 18 him with a question. 19 ACTING PRESIDENT STEWART-C0USINS: 20 Senator Golden was asked whether or not he 21 would allow Senator Valesky to answer a 22 question. And Senator Golden, I believe you 23 were engaged and so you might not have heard 24 that. 25 But Senator Johnson would like to

Candyco Transcription Service, Inc. 1 direct his questioning to Senator Valesky, if 2 you -- 3 SENATOR GOLDEN: Well, Senator 4 Valesky will have his opportunity to get on 5 the floor. But I am debating Senator Johnson 6 at this moment, and the answer is no. 7 SENATOR CRAIG JOHNSON: I'm 8 sorry, no to -- 9 SENATOR GOLDEN: As to referring 10 to Senator Valesky. 11 SENATOR CRAIG JOHNSON: Senator 12 Golden, I thank you for your questions. 13 My understanding, by the way, when 14 I stood up, Senator Golden did say he was 15 complete with his statement. So I just want 16 to make sure, if we get clarification, who 17 actually has the floor right now. Senator 18 Golden had completed his statement. 19 ACTING PRESIDENT STEWART-C0USINS: 20 Senator Golden -- 21 SENATOR LIBOUS: Point of order. 22 Senator Golden had the floor at the time. 23 ACTING PRESIDENT STEWART-C0USINS: 24 I understand that, Senator Libous. 25 SENATOR LIBOUS: It was never

Candyco Transcription Service, Inc. 1 relinquished. 2 ACTING PRESIDENT STEWART-C0USINS: 3 And I -- and I've said that. And I have just 4 repeated that. 5 SENATOR LIBOUS: Thank you. 6 ACTING PRESIDENT STEWART-C0USINS: 7 So it is very clear that Senator Golden has 8 the floor. 9 And, Senator Johnson, if -- 10 SENATOR LIBOUS: Thank you. 11 ACTING PRESIDENT STEWART-C0USINS: 12 -- you are finished with posing questions, 13 then we will let Senator Golden continue his 14 statement. 15 SENATOR CRAIG JOHNSON: I am, 16 Senator Stewart-Cousins. Thank you very much, 17 Madam President. 18 Thank you very much, Senator 19 Golden. 20 ACTING PRESIDENT STEWART-C0USINS: 21 Thank you. 22 SENATOR GOLDEN: Thank you, 23 Senator Johnson. 24 And as I have said, Madam 25 President, I will be voting no on this bill.

Candyco Transcription Service, Inc. 1 Thank you. 2 ACTING PRESIDENT STEWART-C0USINS: 3 Senator Little. 4 SENATOR LITTLE: Thank you, 5 Madam President. On the bill. 6 I'm going to vote yes on this bill. 7 But I would like to point out that while this 8 is a bill that certainly will help a segment 9 of population and some of the businesses in 10 New York State, there are many businesses and 11 many people in New York State that need to 12 know what we are doing about the budget 13 process and what is going to happen to them. 14 And just to point out, the school 15 districts have to come up with their budget 16 plan, they have to have a budget by 17 April 27th, they have a budget vote that has 18 to take place in mid-May. We have the halls 19 full of people, we have people visiting our 20 offices -- 21 ACTING PRESIDENT STEWART-C0USINS: 22 Senator Little, we would like to keep the 23 comments germane to the bill. 24 SENATOR LITTLE: If I could just 25 conclude.

Candyco Transcription Service, Inc. 1 Being here, this is our third week 2 of four-day weeks, I think that we need to be 3 doing something more substantial and get to 4 the budget process so we don't have what 5 happened last year. 6 Thank you. 7 ACTING PRESIDENT STEWART-C0USINS: 8 Thank you, Senator. 9 Senator Padavan. 10 SENATOR PADAVAN: Are we voting? 11 ACTING PRESIDENT STEWART-C0USINS: 12 No, Senator Padavan. 13 Senator Johnson. 14 SENATOR CRAIG JOHNSON: Thank you 15 very much, Madam President. Will the sponsor 16 yield for a couple of quick questions? 17 ACTING PRESIDENT STEWART-C0USINS: 18 Senator Valesky, will you yield? 19 SENATOR VALESKY: Certainly. 20 Certainly. 21 SENATOR CRAIG JOHNSON: Thank 22 you. And thank you, Senator Valesky, for 23 taking the time. 24 I'm just trying to get an 25 understanding as to -- we've certainly heard

Candyco Transcription Service, Inc. 1 the concerns from Senator Padavan and Senator 2 Golden -- 3 ACTING PRESIDENT STEWART-C0USINS: 4 May we have order in the chamber, please. 5 SENATOR CRAIG JOHNSON: -- and 6 certainly heard the support from Senator 7 Little. I'm trying to get an understanding. 8 What are the economic benefits to passing this 9 legislation? 10 SENATOR VALESKY: Madam 11 President, through you, this bill is 12 consistent with a number of bills that this 13 house has taken up in recent years that would 14 be of assistance to New York's wine and grape 15 industry. 16 In fact, the law that this bill 17 amends, I would just make clear for the 18 record, was approved, signed into law by the 19 Governor as Chapter 189 of the Laws of 2008, 20 which was approved in this house by a vote of 21 60 to nothing two years ago. 22 So this, Senator Johnson, to your 23 question, continues to move forward and 24 encourage the continued development of the 25 wine and grape industry in this state without

Candyco Transcription Service, Inc. 1 any risk of young people having access to 2 alcohol. 3 It is very clear, line 20 and 21 of 4 the bill: "The sale of this product to 5 individuals under the age of 21 years is 6 prohibited," consistent with any other product 7 that is sold in any establishment that 8 contains alcohol. 9 SENATOR CRAIG JOHNSON: Madam 10 President, will Senator Valesky -- I know he's 11 eager to sit down and not face my relentless 12 questioning. But will Senator Valesky 13 continue to yield? 14 ACTING PRESIDENT STEWART-C0USINS: 15 Senator Valesky, do you continue to yield? 16 SENATOR VALESKY: Yes, I will. 17 Certainly. 18 SENATOR GOLDEN: Now, Senator 19 Valesky, I was listening to this debate. And 20 I'm trying to get an understanding, because I 21 think the question came up -- maybe it was 22 from Senator Golden -- about the volume of 23 alcohol in glasses or beer cans. But how much 24 ice cream or sherbet -- I mean, ice cream is 25 the best example right now. But how much

Candyco Transcription Service, Inc. 1 ice cream would it take to equal one glass of 2 New York's finest red wine in terms of 3 alcohol? How much would it take for -- 4 SENATOR VALESKY: Madam 5 President, through you, my understanding is it 6 would take about two quarts of ice cream to 7 equal the alcohol content in one glass of 8 wine. 9 SENATOR CRAIG JOHNSON: Madam 10 President, through you, will Senator Valesky 11 continue to yield? 12 SENATOR VALESKY: Certainly. 13 ACTING PRESIDENT STEWART-C0USINS: 14 Senator Valesky, do you continue to yield? 15 SENATOR VALESKY: Yes. 16 SENATOR CRAIG JOHNSON: I would 17 assume -- I don't profess to be an expert in 18 making ice cream or sherbet or sorbet. But I 19 would assume that same size -- two quarts of 20 ice cream would be similar also for sherbet or 21 sorbets, that two quarts of sherbet or sorbet 22 would equal one glass of red wine. 23 SENATOR VALESKY: That would be 24 correct, yes. 25 SENATOR CRAIG JOHNSON: Okay.

Candyco Transcription Service, Inc. 1 Through you, Madam President, one more 2 question. 3 ACTING PRESIDENT STEWART-C0USINS: 4 Senator Valesky, do you continue to yield? 5 SENATOR VALESKY: Yes, I do. 6 SENATOR CRAIG JOHNSON: Thank 7 you. 8 And just to clarify, the language 9 with respect to -- I think it was referenced 10 the 5 percent of alcohol by volume, we're not 11 talking about, you know, percentages of store 12 space, we're talking about percentages of 13 alcohol within the particular product; is that 14 correct? 15 SENATOR VALESKY: Madam 16 President, through you, that's correct. 17 SENATOR CRAIG JOHNSON: Thank 18 you, Senator Valesky. 19 On the bill, Madam President. 20 ACTING PRESIDENT STEWART-C0USINS: 21 Senator C. Johnson, on the bill. 22 SENATOR CRAIG JOHNSON: I'm going 23 to support this legislation for a number of 24 reasons. 25 First of all, I think, as Senator

Candyco Transcription Service, Inc. 1 Little talked about, and others, Senator 2 Valesky, I think this is going to have a very 3 positive economic impact for our state, in 4 particular our wine growers -- our 5 entrepreneurs who are going to enter into the 6 frozen market. 7 As a parent of three children, all 8 under the age of 8, I am very familiar with 9 the frozen ice cream and frozen treat section 10 of a supermarket, and I know what they sell in 11 terms of ice cream, sorbets. Look, you know, 12 my kids have -- I think children in general 13 are more interested in chocolate chip ice 14 cream than a Bordeaux sorbet. I mean, that's 15 what the tastes run in the Johnson household 16 and maybe other households. 17 But I think we are overreaching in 18 terms of some of the concerns here. No doubt, 19 no doubt we are trying to prevent any 20 particular problems when it comes to drinking 21 and driving. But I think what shows here is 22 that if you can eat more than two quarts of 23 ice cream in one sitting, you've got a better 24 constitution than I have when it comes to 25 holding something down like that.

Candyco Transcription Service, Inc. 1 So this is a piece of legislation 2 that's going to help our farmers, our grape 3 growers, our entrepreneurs in selling products 4 in New York State. I support this 5 legislation. I thank Senator Valesky for his 6 time in answering the questions. I thank you, 7 Senator Golden, as well for engaging in a 8 productive dialogue for this piece of 9 legislation. 10 I'll be voting yes, Madam 11 President. Thank you very much. 12 ACTING PRESIDENT STEWART-C0USINS: 13 Thank you, Senator Johnson. 14 Senator Klein. 15 SENATOR KLEIN: Thank you, 16 Madam President. 17 I want to stand in support of 18 Senator Valesky's legislation, and I want to 19 praise the Senator for once again upholding 20 the interests of upstate New York, once again 21 upholding the interests of our agricultural 22 industry in New York State. 23 It's very interesting that when a 24 bill is introduced and passed by a Democrat, 25 all of a sudden we change the meaning of the

Candyco Transcription Service, Inc. 1 bill, we change the importance of the bill. I 2 guess Senator Golden likes ice cream, but he 3 hates sherbet and sorbet. 4 Because this is something that 5 clearly is something that's very, very 6 important to the wine industry in New York 7 State. I constantly hear how we have to do 8 everything possible to make sure New York 9 wines are competitive with other wines across 10 our nation. And I'm all for that. 11 So anything we can do to promote 12 our wine industry by expanding the definition 13 to sorbet and other things is something that 14 we all should support, whether or not now 15 Senator Valesky, a majority member, is 16 introducing the bill. 17 So thank you, Senator Valesky. And 18 I vote yes on this legislation, Madam 19 President. 20 ACTING PRESIDENT STEWART-C0USINS: 21 Thank you. 22 Senator Libous. 23 SENATOR LIBOUS: Thank you, 24 Madam President. 25 You know, Senator Klein brings up a

Candyco Transcription Service, Inc. 1 very good point. And we care very much about 2 supporting upstate economies, and that's 3 something that this side of the aisle has done 4 and will continue to do. 5 And I guess, based on that, I have 6 a question for Senator Valesky, if he would 7 yield. 8 ACTING PRESIDENT STEWART-C0USINS: 9 Senator Valesky, do you yield? 10 SENATOR VALESKY: Yes. 11 SENATOR LIBOUS: Thank you, Madam 12 President. 13 Senator Valesky, in the budget this 14 year, the Governor has a sugar tax. And the 15 sugar tax as proposed is -- 16 ACTING PRESIDENT STEWART-C0USINS: 17 Senator Libous, is this germane to the bill? 18 SENATOR LIBOUS: Oh, it's very 19 germane, if you'd let me finish, 20 Madam President. 21 ACTING PRESIDENT STEWART-C0USINS: 22 This is about alcohol content in sorbet. 23 SENATOR LIBOUS: It is very much 24 about alcohol content, Madam President. 25 ACTING PRESIDENT STEWART-C0USINS:

Candyco Transcription Service, Inc. 1 Continue, Senator Libous. 2 SENATOR LIBOUS: Thank you, 3 Madam President. 4 As we care about the economy of 5 upstate New York, and as the Governor has 6 proposed in his budget, Madam President, 7 through you to Senator Valesky, a sugar tax, 8 and as these are alcohol and sugary treats, 9 and as alcohol is taxed in this state and now 10 we want to put a sugar tax on soda and 11 juices -- 12 ACTING PRESIDENT STEWART-C0USINS: 13 Senator -- Senator -- 14 SENATOR LIBOUS: Madam President, 15 my question to Senator Valesky is will there 16 be a sugar tax imposed on this product? 17 Because as we're talking about per volume of 18 liquid, I'm just somewhat concerned, as 19 proposed in your legislation. 20 SENATOR VALESKY: Madam 21 President, through you. This bill, if it's 22 approved today, would not have any impact on 23 the definition of a sugar tax as proposed by 24 Governor Paterson in his Executive Budget. 25 SENATOR LIBOUS: Thank you,

Candyco Transcription Service, Inc. 1 Madam President. 2 ACTING PRESIDENT STEWART-C0USINS: 3 Thank you, Senator Libous. 4 Senator Marcellino. 5 SENATOR LARKIN: Thank you, 6 Madam President. 7 SENATOR MARCELLINO: Senator 8 Marcellino, she said. 9 SENATOR LARKIN: Oh, excuse me. 10 (Laughter.) 11 SENATOR LARKIN: I didn't have my 12 hearing aid in. I was worried about it. 13 SENATOR MARCELLINO: I know we 14 look so much alike. 15 (Laughter.) 16 SENATOR LARKIN: You have a 17 little more hair. 18 (Laughter.) 19 SENATOR MARCELLINO: I just have 20 a little more hair. Just a little more. But 21 it's going fast. 22 Madam President, could I ask my 23 colleague and friend Senator Valesky a 24 question, please? 25 ACTING PRESIDENT STEWART-C0USINS:

Candyco Transcription Service, Inc. 1 Senator Valesky, do you yield? 2 SENATOR VALESKY: Certainly. 3 Yes. 4 SENATOR MARCELLINO: David, I 5 heard you ask -- and I don't mean that with 6 disrespect. I heard you mention the fact that 7 the purpose of this bill is to enhance the 8 wine industry in upstate New York or in 9 New York in general. Is that correct? 10 SENATOR VALESKY: That's correct, 11 yes. 12 SENATOR MARCELLINO: Is the wine 13 to be used in these sugar desserts limited to 14 New York State wines? 15 SENATOR VALESKY: No, it is not. 16 SENATOR MARCELLINO: Are the 17 desserts produced in New York State? 18 SENATOR VALESKY: Some are, some 19 aren't. 20 SENATOR MARCELLINO: Yes, I go to 21 the grocery store -- and again, through you, 22 Madam President, if he will continue to yield. 23 ACTING PRESIDENT STEWART-C0USINS: 24 Senator Valesky, do you continue to yield? 25 SENATOR VALESKY: Yes.

Candyco Transcription Service, Inc. 1 SENATOR MARCELLINO: I go to the 2 grocery store. And I'm a Type 2 diabetic, and 3 I look at sugar content constantly. And I'm 4 constantly looking at the dessert counter. As 5 is obvious, I enjoy dessert now and again. 6 But I find that most of the desserts are not 7 made in New York State, they're not even made 8 in this country. 9 So I wonder, if we do not have been 10 some type of restriction on where it's made 11 and where the wine will come from, how can we 12 know that there's a benefit in any way, shape 13 or form to New York State wines? 14 SENATOR VALESKY: Well, Senator 15 Marcellino, I would -- in answer to that 16 question, I would refer back to the original 17 law from two years ago that we're amending. A 18 local business in Boonville, New York, in 19 upstate New York, Mercer's Dairy, has been 20 manufacturing wine ice cream since the 21 enactment of Chapter 189 of the Laws of 2008, 22 and that has been an economic success, 23 directly as a result of the law that we passed 24 here two years ago. 25 So I think it's consistent with

Candyco Transcription Service, Inc. 1 that law and in the spirit of that law that we 2 could envision and will see, should this 3 particular bill be approved, similar economic 4 businesses by New York businesses. 5 SENATOR MARCELLINO: Through you, 6 Madam President. Will Senator Valesky 7 continue to yield? 8 ACTING PRESIDENT STEWART-C0USINS: 9 Senator Valesky, do you continue to yield? 10 SENATOR VALESKY: Yes. 11 SENATOR MARCELLINO: Have you had 12 any requests from other manufacturers of 13 desserts for this product and for the 14 production of this product in the state? 15 SENATOR VALESKY: Madam 16 President, through you. We have received a 17 similar request -- actually, Assemblyman 18 Magee, the chairman of the Assembly 19 Agriculture Committee has directly received 20 that request. 21 I don't have that individual to 22 share with you today, but I can assure you 23 that through Assemblyman Magee's office that 24 outreach has been made, and hence the bill 25 introduced in both that house and here.

Candyco Transcription Service, Inc. 1 SENATOR MARCELLINO: Madam 2 President, through you, if the Senator will 3 continue to yield. 4 ACTING PRESIDENT STEWART-C0USINS: 5 Senator Valesky, do you continue to yield? 6 SENATOR VALESKY: Yes. 7 SENATOR MARCELLINO: Senator 8 Valesky, is it your understanding that the 9 wines used in these desserts are high-quality 10 wines? I mean, are they the kind of wines 11 that you would be putting on your dinner 12 table? Or are these, you know, like a cooking 13 sherry or something like that? 14 SENATOR VALESKY: My 15 understanding is -- Madam President, through 16 you -- these are wines from pinots to 17 chardonnays to other products that are 18 manufactured here in New York State and 19 elsewhere. Quality wines. 20 SENATOR MARCELLINO: Well, I'm 21 not talking about the quality of the producer, 22 I'm talking about the grade of the wine 23 itself. 24 I would not imagine -- Madam 25 President, if the Senator will continue to

Candyco Transcription Service, Inc. 1 yield. 2 ACTING PRESIDENT STEWART-C0USINS: 3 Senator, do you continue to yield? 4 SENATOR VALESKY: Yes. 5 SENATOR MARCELLINO: I would not 6 imagine that they're going to use the 7 highest-quality chardonnay in a dessert or in 8 an ice cream wine. That would be the 9 lesser-quality product. That would make sense 10 to me. I don't see the highest quality 11 products going into this wine; that would be a 12 waste. 13 So again, is there and has there 14 been -- in your understanding, are there 15 numbers, are there requests from the wine 16 manufacturers that this is going to in effect 17 help them and help their bottom line? 18 SENATOR VALESKY: Madam 19 President, again through you, there has been 20 at least one request for this law to be 21 amended to include the opportunity to 22 manufacture ice cream sorbet in this state. 23 And the intent of the bill -- 24 again, Madam President, through you -- Senator 25 Marcellino, is to provide our grape growers

Candyco Transcription Service, Inc. 1 and wine industry in this state with 2 additional opportunities by which to expand 3 their industry. This bill, I believe, is 4 consistent with that theory. 5 SENATOR MARCELLINO: Thank you, 6 Madam President. On the bill. 7 Thank you, Senator. 8 ACTING PRESIDENT STEWART-C0USINS: 9 Senator Marcellino, on the bill. 10 SENATOR MARCELLINO: Madam 11 President, I agree with my colleague Senator 12 Padavan. The definition of these desserts I 13 think has to be clarified. Will it require -- 14 if the volume is such, will it require a 15 liquor license? Will it require some kind of 16 understanding as to where these desserts are 17 going to be placed? Will it require a 18 proofing process in order to get these wines? 19 I mean, we are opening a door here. 20 I understand trying to create a market. I do. 21 And I believe -- and we have wine growers on 22 Long Island; they're always looking to expand 23 their market. Hence the idea of selling wine 24 in grocery stores is coming into play, as we 25 all know. There is a move in that direction.

Candyco Transcription Service, Inc. 1 It can create a problem, because we 2 do have an enforcement situation. We do have 3 a concern that you cannot monitor and you 4 cannot go after the illegal sales of this 5 product. And there's no way the grocery store 6 is going to handle it like a liquor store 7 would. 8 So if you don't define carefully 9 the kind of product that you're going to allow 10 these wines in, then I think we have an 11 open-ended situation. You'll find them 12 everywhere. And it doesn't take -- I 13 understand Senator Johnson's comments about 14 how much. And a couple of quarts was designed 15 to say, well, it's insignificant. 16 Well, it really isn't. It's like 17 saying, you know, only one little sip is 18 insignificant of alcohol. My mother used to 19 give us, you know, wine at the table, my 20 brother and I. She would give us a glass of 21 wine. She'd take an 8-ounce glass of wine, 22 put about an eighth of an inch of wine in it, 23 and fill the rest of it up with water. You 24 could barely see a pink color. She wanted us 25 to have a taste of it, but she didn't want her

Candyco Transcription Service, Inc. 1 sons to become drunks. So this was a way of 2 protecting us. 3 But the idea here that only a 4 little bit is there, that it's only a small 5 amount -- we could use that argument 6 everywhere, in any situation. We're opening a 7 door, and we have to be careful how we open 8 that door. I understand we voted for the 9 ice cream, but that doesn't mean now we're 10 going to vote for this and then we're going to 11 have it in other products, and in other 12 products. 13 Because any other food product that 14 you can imagine, we can include wine. Where 15 does it end? What's the stop? I mean, the 16 wine industry has some group that's going to 17 say, We want more access and we want to be 18 able to sell our products, and therefore this 19 is a good idea and this is a good way to do 20 it. 21 Again, we're opening a door. And 22 if we don't look ahead and think ahead about 23 it, the potential is problematic. It may not 24 be a disaster, but it's problematic. And I am 25 concerned about the problem. I am concerned

Candyco Transcription Service, Inc. 1 about this making it too easy to access 2 alcoholic beverages. And I don't like it. 3 You know, I'm not saying I'm a teetotaller, 4 but I don't like the idea that we are now 5 opening this door and making it so simple that 6 you can get it. 7 So, Madam President, I will be 8 joining my colleague and vote no on this bill. 9 I would like to see if this bill was amended 10 and there were some restrictions put in as to 11 the kind of desserts, as to the kind of 12 product that it was in. And specifically 13 limiting the amount -- not so much 5 percent 14 by volume, because I think that's a lot. 15 If you limited it so that the 16 flavor you want to enhance, that's one thing. 17 But if you limit the kind of desserts that you 18 put them into, and you limit the places where 19 it can be sold, then I think I could support 20 it. But the way it is now, I think it's just 21 too broad. And it opens too big of a door in 22 much too wide a situation. 23 Thank you, Madam President. 24 ACTING PRESIDENT STEWART-C0USINS: 25 Thank you, Senator.

Candyco Transcription Service, Inc. 1 Senator Schneiderman. 2 SENATOR SCHNEIDERMAN: Thank you, 3 Madam President. I'd like to speak on this 4 bill in support of Senator Valesky. 5 I think that this bill in and of 6 itself is pretty straightforward. We've 7 passed a bill unanimously a while ago that 8 needed a technical correction and allowed the 9 use of wine in the manufacture of ice cream. 10 There's businesses in New York State doing it. 11 There are other businesses, in a time of 12 economic stress, that would like to make 13 sorbet; they're barred from doing so 14 currently. This would enable them to conduct 15 such businesses. 16 So the bill itself is worth 17 supporting. It's a pro-business bill. 18 But I have to say that dealing with 19 a lot of issues related to alcohol abuse and 20 drunk driving and the illegal sale of alcohol 21 in the Codes Committee, I am a bit dismayed at 22 the discussion that's just taken place. I do 23 sponsor the bill to ban what's called 24 "Nutcracker" -- and these are the articles 25 that Senator Golden was referring to about

Candyco Transcription Service, Inc. 1 bodegas and barber shops, actually, and other 2 stores selling very, very sweet, very highly 3 potent alcohol to children. Sometimes they 4 even have candies in the alcohol. 5 And I sponsor a bill that would 6 enable us to enforce the laws more effectively 7 to prevent that, that would actually enable us 8 to take away the licenses of these stores 9 because the SLA is not capable of policing 10 even the legitimate businesses that sell 11 alcohol, much less barbershops and others. 12 And in lieu of a complex debate 13 attempting to make the tenuous if not absurd 14 point that this bill would make sorbet the new 15 gateway drug in the State of New York, I would 16 appreciate it if Senator Golden -- who is not 17 a sponsor of the bill to ban Nutcracker -- 18 would sign onto the bill to address the real 19 problem. And I welcome all of my colleagues 20 to join me in that effort. 21 Thank you, Madam President. I'll 22 be voting yes. 23 ACTING PRESIDENT STEWART-C0USINS: 24 Thank you, Senator. 25 Senator Larkin.

Candyco Transcription Service, Inc. 1 SENATOR LARKIN: Madam President, 2 would Senator Valesky yield for a question? 3 ACTING PRESIDENT STEWART-C0USINS: 4 Senator Valesky, do you yield? 5 SENATOR VALESKY: Yes. 6 SENATOR LARKIN: We talk about 7 the wineries. I just stepped out here before, 8 and I called four wineries. They knew nothing 9 about the bill. And I asked them, "What do 10 you think?" And all four said, "I don't want 11 a part of it." 12 Do you have any requests from 13 wineries that they want you to do this? 14 SENATOR VALESKY: Madam 15 President, through you. I've had numerous 16 conversations with the Farm Bureau -- who, as 17 Senator Larkin and others know, represent the 18 wine industry, the grape-growing industry in 19 this state -- and they have indicated to me on 20 behalf of the wine industry that they are 21 supportive of this legislation. 22 SENATOR LARKIN: Well, I think, 23 David, we also should hear from the wineries. 24 Thank you very much. 25 You know, Madam President, it's

Candyco Transcription Service, Inc. 1 4:23 now, at this time. And while I was out 2 there, I was told I had another phone call. 3 And the phone call was this: "I heard you're 4 debating wineries." 5 ACTING PRESIDENT STEWART-C0USINS: 6 Senator -- 7 SENATOR LARKIN: Just a minute. 8 And he said, "When are you going to sit down 9 and discuss the budget? I am going to lay off 10 16 people in my school district. I think it's 11 about time" -- 12 ACTING PRESIDENT STEWART-C0USINS: 13 Senator -- 14 SENATOR LARKIN: -- "that we 15 start talking about the budget." 16 ACTING PRESIDENT STEWART-C0USINS: 17 Senator Larkin, we know that -- we are trying 18 to debate this bill, and your comments are not 19 germane. 20 SENATOR LARKIN: Well, they may 21 not be germane -- 22 ACTING PRESIDENT STEWART-C0USINS: 23 They're out of order. 24 SENATOR LARKIN: -- Madam 25 President, but they are germane to the people

Candyco Transcription Service, Inc. 1 who are paying the taxes in this state. Thank 2 you. 3 ACTING PRESIDENT STEWART-C0USINS: 4 Thank you, Senator Larkin. 5 Senator Stachowski. 6 SENATOR STACHOWSKI: Madam 7 President, I too rise to support this bill. 8 I thought it was a good idea when 9 Senator Griffo had a bill to allow Mercer 10 Dairy to sell their wine-flavored ice creams. 11 And although I really like ice cream a lot, I 12 think those are -- they just taste terrible to 13 me. 14 (Laughter.) 15 SENATOR STACHOWSKI: But I don't 16 know why any kid would want to eat that stuff. 17 It's just -- it's good to people that like 18 wine, I think. But, you know, to an average 19 ice cream eater, it's not all that great. 20 But I think to expand it to sorbet 21 and sherbet is a great idea. The Farm Bureau 22 supports it. And the people that make this 23 product think it's a good idea. I don't see 24 anybody getting hooked on wine-flavored sorbet 25 or wine-flavored sherbet. I think that we

Candyco Transcription Service, Inc. 1 have much more serious things to worry about. 2 And if everyone felt so strongly 3 about that, it's amazing they didn't feel that 4 strongly about ice cream. So I'm supporting 5 Senator Valesky's proposal and hope it passes. 6 Thank you. 7 ACTING PRESIDENT STEWART-C0USINS: 8 Thank you, Senator Stachowski. 9 Is there anyone else wishing to 10 speak on the bill? Senator Golden. 11 SENATOR GOLDEN: I shall be 12 quick. 13 One of the reasons that I'm voting 14 no on this bill is because of Senator 15 Schneiderman's bill. And I would love to join 16 on Senator Schneiderman's bill, but you have 17 to circulate it so that we can get on that 18 bill. 19 Will the sponsor please yield for a 20 question? 21 ACTING PRESIDENT STEWART-C0USINS: 22 Senator Valesky, do you yield? 23 SENATOR VALESKY: Yes, 24 Madam President. 25 SENATOR GOLDEN: And I'll be

Candyco Transcription Service, Inc. 1 quick. 2 I think line one on your bill says: 3 "Consumption of alcohol impairs your ability 4 to drive a car" -- on page 2, line 1. 5 "Consumption of alcohol impairs your ability 6 to drive a car or operate machinery and may 7 cause health problems." 8 Line 3, the following advisory or 9 sign or poster, not less than 7 inches or 10 5 inches in a format. And then it goes down 11 to line 8, and that sign will say: "This area 12 contains wine ice cream and other frozen 13 desserts made with wine." 14 Line 10: "The sale of wine ice 15 cream or other frozen desserts made with 16 wine." 17 Line 11: "Individuals under the 18 age of 21 years of age are prohibited." 19 Line 12: "Wine ice cream or other 20 frozen desserts made with wine," 13, "contain 21 alcohol up to 5 percent by volume." 22 Line 17: "Women should not consume 23 alcohol during pregnancy because of the risk 24 of birth defects." Line 18. 25 Line 19: "Consumption of alcohol

Candyco Transcription Service, Inc. 1 impairs your ability to drive a car." 2 Line 20: "Operating machinery may 3 cause a health problem." 4 Line 21: "It is a violation 5 punishable under law if any person under the 6 age of 21" -- 22, 23 and 24, those lines -- 7 "to present any written evidence of age that 8 is false, fraudulent or not actually his own 9 for the purpose of attempting to purchase wine 10 ice cream or other frozen desserts." 11 Why so many protections in this 12 bill, Sponsor? 13 SENATOR VALESKY: Madam 14 President, through you. The information that 15 Senator Golden just read is, with the 16 exception of "or other frozen desserts made 17 with wine," part of existing law. 18 Perhaps Senator Griffo, as the 19 sponsor of this law two years ago, who ably 20 wrote this law -- and I want to thank Senator 21 Griffo and credit him for his efforts in this 22 regard, to make sure that there is appropriate 23 warning signs or notification. 24 So perhaps Senator Griffo, as the 25 original sponsor of this law, would like to

Candyco Transcription Service, Inc. 1 respond, since Senator Golden's questions 2 really relates to the original law as opposed 3 to the bill that's in front of us today. 4 SENATOR GOLDEN: Madam President, 5 this 6780 I believe is Senator Valesky's bill, 6 not Senator Griffo's bill. And therefore, I'd 7 like Senator Valesky to explain, the sponsor 8 of the bill to explain why he believes we need 9 this much protection in his bill. 10 SENATOR VALESKY: Madam 11 President, I believe I've already answered 12 that question, but I will restate it. 13 We are simply -- this bill does 14 nothing more than add "frozen desserts made 15 with wine" to a statute that was passed and 16 signed into law as Chapter 189 of the Laws of 17 2008. 18 SENATOR GOLDEN: Is it not, 19 Madam President, because you, the sponsor, 20 believe that the alcohol content is high 21 enough that, according to state law, it is 22 required to be here in the bill? 23 ACTING PRESIDENT STEWART-C0USINS: 24 Is that a question for Senator Valesky? 25 SENATOR GOLDEN: Yes, it is,

Candyco Transcription Service, Inc. 1 Madam President. 2 ACTING PRESIDENT STEWART-C0USINS: 3 Senator Valesky, do you continue to yield? 4 SENATOR VALESKY: Madam 5 President, yes. That's exactly why you have 6 to be over 21 years of age to purchase this 7 product. 8 SENATOR GOLDEN: And the 9 alcoholic content, Madam President, is high 10 enough that that's the reason for these 11 protections in this bill required by law here 12 in the State of New York? 13 SENATOR VALESKY: Yes. 14 SENATOR GOLDEN: That's why I 15 will be voting no, for the second time, 16 Madam President. 17 This is the wrong message for our 18 children. When you need this many 19 protections, there is alcoholic content in 20 here that our children across this state will 21 have the opportunity to get to and to use. 22 And you're putting onus again on business 23 owners to in fact -- 24 ACTING PRESIDENT STEWART-C0USINS: 25 Senator Valesky, are you wishing to --

Candyco Transcription Service, Inc. 1 SENATOR GOLDEN: -- protect the 2 businesses here across the State of 3 New York -- 4 ACTING PRESIDENT STEWART-C0USINS: 5 -- respond to Senator Golden? 6 SENATOR GOLDEN: -- from all of 7 this onerous regulation and products that we 8 believe should not be sold. 9 ACTING PRESIDENT STEWART-C0USINS: 10 Senator Golden, Senator Valesky has asked you 11 to yield. 12 SENATOR GOLDEN: I'd love to, 13 Senator Valesky. 14 SENATOR VALESKY: Senator Golden, 15 I'm just curious, then, why, if you have these 16 concerns with this bill, why did you vote for 17 Senator Griffo's legislation two years ago? 18 SENATOR GOLDEN: Because Senator 19 Schneiderman pointed out to me about the use 20 of alcohol that's going on across our city and 21 state and how easy it is for our kids to get 22 ahold of that alcohol and to be able to have 23 and digest that alcohol and cause danger to 24 themselves. 25 And it was to see that we're going

Candyco Transcription Service, Inc. 1 to add it to many other -- what we have here. 2 What are we adding it to? "Frozen desserts" I 3 think sends the wrong message to the children 4 across the State of New York that it's okay to 5 have wine and to participate in the drinking 6 of wine and alcohol. 7 SENATOR VALESKY: Would Senator 8 Golden yield to a question? 9 ACTING PRESIDENT STEWART-C0USINS: 10 Senator Golden, do you continue to yield? 11 SENATOR GOLDEN: Senator Valesky, 12 I would love to yield to you. Keep on getting 13 pumped up there by your staff. Whatever you 14 need -- 15 ACTING PRESIDENT STEWART-C0USINS: 16 Senator Golden, a yes or no is fine. 17 SENATOR VALESKY: No, I'm just 18 trying to make a connection between the bill 19 two years ago and the bill that's before us 20 today. 21 So if Senator Griffo's bill were 22 before us today, would you vote for Senator 23 Griffo's bill if it were not already in law, 24 or would you vote against it because of the 25 concerns that you have raised here today?

Candyco Transcription Service, Inc. 1 SENATOR GOLDEN: Does that have 2 to be germane, Madam President? 3 ACTING PRESIDENT STEWART-C0USINS: 4 Well, again, I think -- no, no, no, the 5 original discussion obviously was on the bill. 6 But then I believe you mentioned that what you 7 read was, although on Senator Griffo's bill, 8 was part of Senator Valesky's bill. So it has 9 become part of the discussion. 10 SENATOR GOLDEN: It was the 11 sponsor that brought that up. But, Madam 12 President, I can see how we can redefine 13 "germane" when we need to. 14 But the answer is I would vote 15 against Mr. Griffo's bill if it were before me 16 today. Thank you. 17 ACTING PRESIDENT STEWART-C0USINS: 18 Thank you. 19 SENATOR VALESKY: Thank you. 20 ACTING PRESIDENT STEWART-C0USINS: 21 Senator DeFrancisco. 22 SENATOR DeFRANCISCO: Would 23 Senator Valesky yield to a question? 24 SENATOR VALESKY: Yes, 25 Madam President.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: You've 2 mentioned Senator Griffo on several occasions 3 and that it was his bill and that maybe he 4 should answer the questions and so forth. 5 As the chairman of the reform 6 movement in the State Senate, can you tell me 7 why it's your bill now and not Senator 8 Griffo's? 9 SENATOR VALESKY: Madam 10 President, through you. I received a request 11 from Assemblyman Magee, the chairman of the 12 Assembly Agriculture Committee, to sponsor 13 this bill. Hence, it's before us today under 14 my name. 15 SENATOR DeFRANCISCO: And 16 knowing -- would he yield to another question? 17 ACTING PRESIDENT STEWART-C0USINS: 18 Senator Valesky, do you continue to yield? 19 SENATOR VALESKY: Yes. 20 SENATOR DeFRANCISCO: And knowing 21 that Senator Griffo authored this bill in the 22 past, did it occur to you ever to contact 23 Senator Griffo and say: "Senator Griffo, this 24 is your bill, the Assembly would like to put 25 it through again. In all fairness, since you

Candyco Transcription Service, Inc. 1 authored it, even though you're a minority 2 member, I want to send it to you because I'm 3 chairman of the Reform Committee and I'm not 4 going to do something and steal a bill of 5 yours"? 6 SENATOR VALESKY: Well, Madam 7 President, through you. This bill actually 8 was not introduced -- there's no theft of any 9 legislation here. Senator Griffo's bill, I 10 think appropriately, as did 59 of my 11 colleagues back in 2008 saw it appropriate to 12 approve that bill. This expands upon existing 13 law. 14 What I would say, Senator 15 DeFrancisco, is Senator Griffo, yourself, any 16 other member of this house on either side of 17 the aisle, as a result of rules reform done 18 earlier in this term, have the opportunity to 19 cosponsor this bill. And perhaps Senator 20 Griffo would like to do that, given that he 21 has a history of support of these types of 22 issues. 23 SENATOR DeFRANCISCO: Thank you. 24 On the bill. 25 ACTING PRESIDENT STEWART-C0USINS:

Candyco Transcription Service, Inc. 1 Senator DeFrancisco, on the bill. 2 SENATOR DeFRANCISCO: I think 3 everybody really understands what actually 4 happened here. There are no cosponsors on 5 this bill the way I understand it right now. 6 So obviously, the bill was not circulated. 7 And this gesture of goodwill that's being 8 shown at this point in time is a gesture in 9 order to answer a very difficult question for 10 the movement that was pushing for reform where 11 bills that were majority member bills back 12 when we were in the majority -- 13 ACTING PRESIDENT STEWART-C0USINS: 14 Is this on the bill, Senator DeFrancisco? On 15 the bill, the content? 16 SENATOR DeFRANCISCO: I'm 17 speaking on the bill. 18 ACTING PRESIDENT STEWART-C0USINS: 19 I understand. But the content of the bill, 20 sir. 21 SENATOR DeFRANCISCO: Well, 22 excuse me, I beg to differ. You just 23 mentioned a moment ago when Senator Golden was 24 asked about the Griffo bill, the Griffo bill, 25 you said that it was germane. Now it's not --

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-C0USINS: 2 Well, because it is the language that's also 3 contained in the Valesky bill. 4 SENATOR DeFRANCISCO: So the 5 procedure, including cosponsors and the like, 6 is not germane? Is that your ruling? 7 ACTING PRESIDENT STEWART-C0USINS: 8 The cosponsorship is not in question. It's 9 the content of the bill that is in question. 10 SENATOR DeFRANCISCO: Well, the 11 content of the bill is -- the procedure in 12 which the bill is being brought before the 13 house is just as relevant as the content. And 14 I'm going to continue unless you're telling me 15 I cannot speak any further on the process of 16 this particular bill that used to be Senator 17 Griffo's bill that is now authored solely by 18 Senator Valesky. 19 ACTING PRESIDENT STEWART-C0USINS: 20 Senator DeFrancisco, I will allow you to 21 continue for a moment or two. 22 SENATOR DeFRANCISCO: Thank you. 23 I've made my point. I have nothing 24 further. 25 (Laughter.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-C0USINS: 2 Thank you. 3 Senator Schneiderman. 4 SENATOR SCHNEIDERMAN: I was 5 going to ask Senator DeFrancisco to yield for 6 a question. 7 ACTING PRESIDENT STEWART-C0USINS: 8 Senator DeFrancisco, do you yield? 9 SENATOR DeFRANCISCO: Yes. 10 SENATOR SCHNEIDERMAN: Thank you. 11 Senator DeFrancisco, is it not the case that 12 prior to last summer, when our conference 13 reformed the rules of the Senate, that it was 14 not possible without the consent of the 15 sponsor for any of us to put our name on a 16 bill -- but that under the reform rules passed 17 by this conference, any one of you can file a 18 form, which is available to all of you, and 19 get your name on any bill you want? 20 SENATOR DeFRANCISCO: No. I 21 believe when we were in the majority, there 22 were Democrat sponsors on many bills. And 23 that was not prohibited. 24 And to remind you of the history 25 behind this, there was no reform in this

Candyco Transcription Service, Inc. 1 regard concerning what you were just referring 2 to until after there was a question as to 3 who's leading and what members of which side 4 of the aisle were going to be on which side of 5 the aisle ultimately. 6 Because that all came out of that 7 dispute. It wasn't something that was 8 originally out of any reform -- 9 ACTING PRESIDENT STEWART-C0USINS: 10 Senator Schneiderman, is this going to be on 11 the bill? 12 SENATOR SCHNEIDERMAN: Yes, 13 thanks. I'd like to thank Senator 14 DeFrancisco. 15 Ladies and gentlemen, in case 16 there's any confusion, in July, after all of 17 the troubles were over, we did enact a rule 18 that allows anyone to get on any bill. I 19 personally was refused by sponsors to get on 20 bills on quite a few occasions when you all 21 were in the majority. There's now a form. 22 Senator Golden can get on my Nutcracker bill, 23 anyone can get on any bill. And I just want 24 to make sure that we're clear on that. 25 ACTING PRESIDENT STEWART-C0USINS:

Candyco Transcription Service, Inc. 1 Thank you. 2 SENATOR DeFRANCISCO: Point of 3 order. 4 ACTING PRESIDENT STEWART-C0USINS: 5 Senator DeFrancisco. 6 SENATOR DeFRANCISCO: Yeah, the 7 only point of order I have: Is this now 8 germane, the procedure? 9 ACTING PRESIDENT STEWART-C0USINS: 10 I have asked that question. And I think if 11 you -- as you were seated, I said to Senator 12 Schneiderman that I wanted him to discuss the 13 bill, because indeed we had become embroiled 14 in process. 15 So I believe we are back on the 16 bill. 17 SENATOR DeFRANCISCO: I think 18 it's germane. My only question is why -- I'm 19 just trying to see some consistency. I'm 20 trying to -- 21 ACTING PRESIDENT STEWART-C0USINS: 22 And I was consistent. 23 SENATOR DeFRANCISCO: Okay. So 24 it's germane at this point? 25 ACTING PRESIDENT STEWART-C0USINS:

Candyco Transcription Service, Inc. 1 I had asked Senator Schneiderman to speak on 2 the bill, as opposed to the process, the same 3 way I asked you to do. Okay? 4 Senator Onorato. 5 SENATOR ONORATO: Madam 6 President, will the sponsor yield to a 7 question? 8 ACTING PRESIDENT STEWART-C0USINS: 9 Senator Valesky, do you yield? 10 SENATOR VALESKY: Yes, Madam 11 President. 12 SENATOR ONORATO: Senator 13 Valesky, are there any other products, is 14 there any products that you know of that 15 contain wine or other types of alcohol in 16 them? 17 SENATOR VALESKY: Madam 18 President, through you. Other than wine ice 19 cream, which was authorized by Chapter 189 of 20 the Laws of 2008, my understanding is some 21 chocolate confectionaries may be allowed to 22 contain contents of wine. 23 SENATOR ONORATO: And will you 24 continue to yield? 25 SENATOR VALESKY: Yes.

Candyco Transcription Service, Inc. 1 SENATOR ONORATO: To your 2 knowledge, has anybody ever been arrested for 3 driving an automobile while under the 4 influence of consuming too many desserts? 5 SENATOR VALESKY: Madam 6 President, through you. Not to my knowledge. 7 SENATOR ONORATO: Thank you, 8 Senator. 9 ACTING PRESIDENT STEWART-C0USINS: 10 Senator Craig Johnson. 11 SENATOR CRAIG JOHNSON: I hoped 12 to ask Senator Golden to yield for a couple of 13 clarifying questions pertaining to this 14 riveting debate we've had here today, but he's 15 not in the chamber right now. I don't know if 16 anybody else has to add something or not. 17 No, Senator Padavan wasn't the one 18 who made the comments, it was Senator Golden, 19 Senator Libous. Thank you. 20 SENATOR PADAVAN: Madam 21 President, where are we in terms of -- 22 ACTING PRESIDENT STEWART-C0USINS: 23 At this point I have no one else who wishes to 24 speak on the item, and I believe your counsel 25 went to ask Senator Golden if he was

Candyco Transcription Service, Inc. 1 available. 2 SENATOR PADAVAN: Madam 3 President, if I may, I don't believe there's 4 anything in our rules about stopping the 5 Senate in terms of any discussion of a bill to 6 go get somebody. 7 Now, if the Senator who has the 8 floor wants to comment, he should. 9 ACTING PRESIDENT STEWART-C0USINS: 10 Senator Johnson, would you like too speak on 11 the bill? 12 SENATOR CRAIG JOHNSON: Well, I'd 13 like to, certainly. 14 I find it incredible with respect 15 to Senator Padavan. You know, Senator Golden 16 had made himself available throughout this 17 entire debate, oftentimes changing the subject 18 matter and, in fact, quite frankly rewriting 19 history. And I think for Senator Golden to 20 make statements and then walk out of the 21 chamber is a little bit disingenuous. 22 I appreciate Senator Padavan rising 23 to defend him. But as we wait, because I 24 think the people of New York deserve to have 25 questions answered --

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-C0USINS: 2 Senator Young, why do you rise? 3 SENATOR YOUNG: Is this line of 4 discussion from Senator Johnson germane to the 5 contents of the bill? 6 ACTING PRESIDENT STEWART-C0USINS: 7 I think at this point we had hoped that the 8 discussion that Senator Johnson had begun 9 would be continued. 10 At this point, Senator Johnson, we 11 might -- 12 SENATOR CRAIG JOHNSON: Then I 13 think simply to clarify for the record, 14 because I think it's important for the record 15 to be accurate, on June 12, 2008, a bill came 16 before the Senate sponsored by Senator Griffo, 17 which was the original piece of legislation 18 that addressed the sale of ice cream with wine 19 pertaining to -- 20 SENATOR LIBOUS: Madam President. 21 ACTING PRESIDENT STEWART-C0USINS: 22 Senator -- 23 SENATOR LIBOUS: Point of order 24 to the germaneness. We keep talking about 25 this bill by Senator Griffo. That is not the

Candyco Transcription Service, Inc. 1 bill on the floor. Therefore, the discussion 2 to Senator Griffo's previous legislation is 3 not germane. 4 If our colleague would prefer to 5 discuss the bill by Senator Valesky, we would 6 have no problem with that. But I believe it 7 is not germane. 8 SENATOR KLEIN: Madam President. 9 ACTING PRESIDENT STEWART-C0USINS: 10 Senator Klein. 11 SENATOR KLEIN: Point of order, 12 please. 13 ACTING PRESIDENT STEWART-C0USINS: 14 Senator Klein. 15 SENATOR KLEIN: I correct my 16 esteemed colleague on the other side of the 17 aisle. Senator Johnson is speaking to this 18 bill, the original bill by Senator Griffo and 19 now the new bill by Senator Valesky. It 20 certainly is germane. 21 We are not talking about late 22 budgets or if we're going to do a budget or 23 when we're doing a budget or school districts 24 that are supposedly losing their money. 25 Senator Johnson's discussion is on the bill

Candyco Transcription Service, Inc. 1 ahead. 2 ACTING PRESIDENT STEWART-C0USINS: 3 Senator Johnson, the discussion of the bill, 4 which is what you were conducting, is 5 certainly germane, as Senator Griffo's 6 original legislation contained I think 7 90 percent of what Senator Valesky's bill 8 contains. 9 SENATOR CRAIG JOHNSON: Thank 10 you. Thank you very much, Madam President, 11 for allowing me to continue. 12 I'm just simply trying to clarify 13 for the record the fact that Senator Golden 14 voted for the original bill. 15 I have the actual piece of 16 legislation -- and by "original bill," I mean 17 the bill that allows the sale of wine in ice 18 cream. And I think the record needs to 19 clarify that. 20 I have a copy of the voting tally. 21 It was Bill Number -- it was referring to Bill 22 Number A10132. It was voted 60 in the 23 affirmative, no nays. Senator Golden was a 24 yes vote. I think just letting the record 25 reflect it so there's no, you know, vagueness

Candyco Transcription Service, Inc. 1 when it comes to the record. 2 SENATOR LIBOUS: Madam President, 3 point of order. 4 ACTING PRESIDENT STEWART-C0USINS: 5 Senator Libous. 6 SENATOR LIBOUS: The vote was 7 already part of the record. It is already 8 reflected in the record. And I believe that, 9 in all due respect to our colleague, he's 10 being quite redundant in waiting for either 11 Senator Golden to appear or -- the record 12 reflects Senator Golden's vote on the Griffo 13 bill. 14 SENATOR CRAIG JOHNSON: Well, 15 Senator Golden made it clear that he -- 16 ACTING PRESIDENT STEWART-C0USINS: 17 Senator -- 18 SENATOR CRAIG JOHNSON: Well, 19 then it's first he voted for it before he 20 voted against it. Because then he just 21 said -- and if he were here, we could actually 22 ask him -- but he's -- 23 ACTING PRESIDENT STEWART-C0USINS: 24 Senator Johnson -- Senator Johnson, I think we 25 quite understand the point.

Candyco Transcription Service, Inc. 1 SENATOR CRAIG JOHNSON: Thank 2 you, Madam President. 3 ACTING PRESIDENT STEWART-C0USINS: 4 And I appreciate the clarification. 5 Are there any other Senators 6 wishing to speak on the bill? 7 SENATOR MARCELLINO: Yes, Madam 8 President. One second. 9 ACTING PRESIDENT STEWART-C0USINS: 10 Senator Marcellino. 11 SENATOR MARCELLINO: I know, 12 groan a little bit. But this is okay. 13 What my good friend Senator Johnson 14 just said is a little disingenuous at least. 15 Senator Golden said he had voted, he agreed he 16 had voted for the bill, he said he had voted 17 for the bill. He was asked by Senator 18 Valesky, "Would you vote for it now?" He 19 said, "No, I changed my vote and I would vote 20 against it now." 21 That's not what you're saying, 22 Craig, and you know it. You're calling 23 Senator Golden that he changed his vote. He 24 didn't change his vote. He admitted what he 25 voted for, he agreed that he voted for it

Candyco Transcription Service, Inc. 1 before, and he said now that he would vote 2 against it in response to Senator Valesky -- 3 ACTING PRESIDENT STEWART-C0USINS: 4 Senator Marcellino -- 5 SENATOR MARCELLINO: That is the 6 record. 7 ACTING PRESIDENT STEWART-C0USINS: 8 You have clarified -- you have clarified -- I 9 think the clarification is on both sides. 10 SENATOR MARCELLINO: Thank you. 11 ACTING PRESIDENT STEWART-C0USINS: 12 I think we clearly understand where everyone 13 is and has been. 14 So if there is any other Senator 15 wishing to speak on the bill -- 16 SENATOR LIBOUS: Read the last 17 section. 18 SENATOR MONTGOMERY: Read the 19 last section. 20 (Laughter.) 21 ACTING PRESIDENT STEWART-C0USINS: 22 Hearing none, debate is closed. 23 The Secretary will please ring the 24 bell. 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 30th day. 3 ACTING PRESIDENT STEWART-C0USINS: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT STEWART-C0USINS: 7 Senator Winner, to explain his vote. 8 SENATOR WINNER: Madam President, 9 briefly to explain my vote. 10 You know, I am a representative of 11 an area that has the most wineries in the 12 State of New York. And I'm a little 13 astonished to hear the Deputy Majority Leader 14 indicate that this is the Majority's response 15 to helping agriculture and the wine industry 16 in New York. 17 You know, all I can do is look 18 forward to deliberations on the budget where 19 we're going to see where your actions meet 20 your words as it relates to marketing and 21 promoting of New York wines. Because we have 22 a couple of things in there called the Wine 23 and Grape Foundation and other wine marketing 24 efforts that are far superior to having wine 25 in sherbet and sorbets. And they will do a

Candyco Transcription Service, Inc. 1 lot more to promote the New York wine industry 2 than this rather hollow effort, albeit an 3 effort that I support. 4 So we'll give you your chance. You 5 made some points today, and I give you credit 6 for that. However, the proof is going to be 7 in whether you deliver really for New York's 8 agriculture community, and particularly the 9 wine industry. And we'll see how you do. 10 I vote yes. 11 ACTING PRESIDENT STEWART-C0USINS: 12 Senator Winner to be recorded in the 13 affirmative. 14 Senator Diaz, to explain his vote. 15 SENATOR DIAZ: Thank you, 16 Madam President. 17 We have increased the age of 18 drinking to 21 years old, trying to prevent 19 our youth from tasting alcoholic beverages. 20 Now it seems that we are trying to circumvent 21 the law and telling our youth, Here, here is a 22 little taste of alcohol in your frozen 23 dessert. 24 So I think that we are sending a 25 wrong message to our youth, and I'm voting no.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-C0USINS: 2 Senator Diaz to be recorded in the negative. 3 Anyone else wishing to explain his 4 or her vote? 5 Announce the results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 184 are 8 Senators Diaz, Golden, O. Johnson, Marcellino 9 and Padavan. 10 Absent from voting: Senator C. 11 Kruger. 12 Ayes, 53. Nays, 5. 13 ACTING PRESIDENT STEWART-C0USINS: 14 The bill is passed. 15 Senator Klein, that completes the 16 reading of the controversial calendar. 17 SENATOR KLEIN: Madam President, 18 is there any further business at the desk? 19 ACTING PRESIDENT STEWART-C0USINS: 20 Senator Klein, the desk is clear. 21 SENATOR KLEIN: There being none, 22 Madam President, I move that we adjourn until 23 Thursday, March 11th, at 11:00 a.m. 24 ACTING PRESIDENT STEWART-C0USINS: 25 There being no further business to come before

Candyco Transcription Service, Inc. 1 the Senate, on motion, the Senate stands 2 adjourned until Thursday, March 11th, at 3 11:00 a.m. 4 (Whereupon, at 5:01 p.m., the 5 Senate adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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