Thursday, June 24, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 24, 2010 11 1:00 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DIANE J. SAVINO, 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 SAVINO: 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 SAVINO: In the 10 absence of clergy, may we bow our heads for a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT SAVINO: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Wednesday, June 23, the Senate met pursuant to 19 adjournment. The Journal of Tuesday, June 22, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT SAVINO: Without 23 objection, the Journal stands approved as 24 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: Thank you, Madam 10 President. On behalf of Senator Addabbo, on 11 page number 37 I offer the following 12 amendments to Calendar Number 1104, Senate 13 Print Number 7591A, and ask that said bill 14 retain its place on Third Reading Calendar. 15 ACTING PRESIDENT SAVINO: So 16 ordered. 17 SENATOR KLEIN: Madam President, 18 on behalf of Senator Serrano, I wish to call 19 up Senate Print Number 7985, recalled from the 20 Assembly, which is now at the desk. 21 ACTING PRESIDENT SAVINO: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 935, by Senator Serrano, Senate Print 7985, an 25 act to amend Chapter 899 of the Laws of 1984.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Klein. 3 SENATOR KLEIN: Madam President, 4 I now move to reconsider the vote by which 5 this bill was passed. 6 ACTING PRESIDENT SAVINO: The 7 Secretary will call the roll on 8 reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 55. 11 ACTING PRESIDENT SAVINO: Senator 12 Klein. 13 SENATOR KLEIN: Madam President, 14 I now offer the following amendments. 15 ACTING PRESIDENT SAVINO: 16 Amendments received. 17 SENATOR KLEIN: On behalf of 18 Senator Valesky, I wish to call up Senate 19 Print Number 7544, recalled from the Assembly, 20 which is now at the desk. 21 ACTING PRESIDENT SAVINO: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 1102, by Senator Valesky, Senate Print 7544, 25 an act to amend the Retirement and Social

Candyco Transcription Service, Inc. 1 Security Law. 2 ACTING PRESIDENT SAVINO: Senator 3 Klein. 4 SENATOR KLEIN: Madam President, 5 I now move to reconsider the vote by which 6 this bill was passed. 7 ACTING PRESIDENT SAVINO: The 8 Secretary will call the roll on 9 reconsideration. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 55. 12 ACTING PRESIDENT SAVINO: Senator 13 Klein. 14 SENATOR KLEIN: Madam President, 15 I now offer the following amendments. 16 ACTING PRESIDENT SAVINO: 17 Amendments received. 18 Senator Klein. 19 SENATOR KLEIN: Madam President, 20 I believe there are substitutions at the desk. 21 I ask that we make the substitutions at this 22 time. 23 ACTING PRESIDENT SAVINO: The 24 Secretary will read. 25 THE SECRETARY: On page 6,

Candyco Transcription Service, Inc. 1 Senator Farley moves to discharge, from the 2 Committee on Rules, Assembly Bill Number 8199B 3 and substitute it for the identical Senate 4 Bill Number 1260B, Third Reading Calendar 91. 5 On page 15, Senator C. Johnson 6 moves to discharge, from the Committee on 7 Rules, Assembly Bill Number 10052A and 8 substitute it for the identical Senate Bill 9 Number 7369A, Third Reading Calendar 413. 10 On page 21, Senator Breslin moves 11 to discharge, from the Committee on Rules, 12 Assembly Bill Number 10908B and substitute it 13 for the identical Senate Bill Number 7118A, 14 Third Reading Calendar 609. 15 On page 38, Senator Valesky moves 16 to discharge, from the Committee on Commerce, 17 Economic Development and Small Business, 18 Assembly Bill Number 9991 and substitute it 19 for the identical Senate Bill Number 6964, 20 Third Reading Calendar 1134. 21 On page 38, Senator Savino moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 10109 and substitute it 24 for the identical Senate Bill Number 7051, 25 Third Reading Calendar 1135.

Candyco Transcription Service, Inc. 1 On page 38, Senator Peralta moves 2 to discharge, from the Committee on Codes, 3 Assembly Bill Number 2323 and substitute it 4 for the identical Senate Bill Number 7308, 5 Third Reading Calendar 1141. 6 On page 39, Senator C. Kruger moves 7 to discharge, from the Committee on Health, 8 Assembly Bill Number 10943 and substitute it 9 for the identical Senate Bill Number 7614, 10 Third Reading Calendar 1147. 11 On page 39, Senator Klein moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 10443B and substitute it 14 for the identical Senate Bill Number 7672A, 15 Third Reading Calendar 1148. 16 On page 39, Senator Peralta moves 17 to discharge, from the Committee on Banks, 18 Assembly Bill Number 2600A and substitute it 19 for the identical Senate Bill Number 7946, 20 Third Reading Calendar 1153. 21 On page 40, Senator C. Kruger moves 22 to discharge, from the Committee on Rules, 23 Assembly Bill Number 9857C and substitute it 24 for the identical Senate Bill Number 8056, 25 Third Reading Calendar 1155.

Candyco Transcription Service, Inc. 1 On page 40, Senator 2 Hassell-Thompson moves to discharge, from the 3 Committee on Rules, Assembly Bill Number 11100 4 and substitute it for the identical Senate 5 Bill Number 8058, Third Reading Calendar 1156. 6 On page 40, Senator C. Johnson 7 moves to discharge, from the Committee on 8 Rules, Assembly Bill Number 11237 and 9 substitute it for the identical Senate Bill 10 Number 8126, Third Reading Calendar 1158. 11 On page 40, Senator Addabbo moves 12 to discharge, from the Committee on Rules, 13 Assembly Bill Number 11352A and substitute it 14 for the identical Senate Bill Number 8151, 15 Third Reading Calendar 1161. 16 On page 40, Senator Addabbo moves 17 to discharge, from the Committee on Rules, 18 Assembly Bill Number 11353A and substitute it 19 for the identical Senate Bill Number 8152, 20 Third Reading Calendar 1162. 21 On page 40, Senator Addabbo moves 22 to discharge, from the Committee on Rules, 23 Assembly Bill Number 11354A and substitute it 24 for the identical Senate Bill Number 8153, 25 Third Reading Calendar 1163.

Candyco Transcription Service, Inc. 1 On page 41, Senator Espada moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 11320 and substitute it 4 for the identical Senate Bill Number 8164, 5 Third Reading Calendar 1164. 6 And on page 41, Senator Parker 7 moves to discharge, from the Committee on 8 Local Government, Assembly Bill Number 5602 9 and substitute it for the identical Senate 10 Bill Number 8202, Third Reading Calendar 1167. 11 ACTING PRESIDENT SAVINO: 12 Substitutions ordered. 13 Senator Klein. 14 SENATOR KLEIN: Madam President, 15 I believe there's a resolution at the desk by 16 Senator Perkins. I ask that the title of the 17 resolution be read and move for its immediate 18 adoption. 19 ACTING PRESIDENT SAVINO: Senator 20 Klein, has this resolution been deemed 21 privileged and submitted by the office of the 22 Temporary President? 23 SENATOR KLEIN: Yes, it has, 24 Madam President. 25 ACTING PRESIDENT SAVINO: The

Candyco Transcription Service, Inc. 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Perkins, legislative resolution honoring SAGE 4 upon the occasion of their designation for 5 special recognition during Pride Month. 6 ACTING PRESIDENT SAVINO: Are 7 there any Senators wishing to be heard on the 8 resolution? 9 Seeing none, the question is on the 10 resolution. All those in favor signify by 11 saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT SAVINO: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT SAVINO: The 17 resolution is adopted. 18 Senator Perkins has offered up this 19 resolution for cosponsorship by the entire 20 house. Any Senator not wishing to be on the 21 resolution please notify the desk. 22 Senator Klein. 23 SENATOR KLEIN: Madam President, 24 I believe there's a resolution at the desk by 25 Senator Maziarz. I ask that the title of the

Candyco Transcription Service, Inc. 1 of the resolution be read and move for its 2 immediate adoption. 3 ACTING PRESIDENT SAVINO: Senator 4 Klein, has this resolution been deemed 5 privileged and submitted by the office of the 6 Temporary President? 7 SENATOR KLEIN: Yes, it has, 8 Madam President. 9 ACTING PRESIDENT SAVINO: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Maziarz, legislative resolution mourning the 13 untimely death of Marine Lance Corporal 14 Timothy G. Serwinowski of North Tonawanda, 15 New York, and paying tribute to his courageous 16 actions as a member of the United States 17 Marine Corps. 18 ACTING PRESIDENT SAVINO: Senator 19 Maziarz. 20 SENATOR MAZIARZ: Thank you very 21 much, Madam President. 22 Madam President, I think that 23 probably some of the saddest days that we have 24 in this chamber are the days when we have to 25 stand up and talk about a resolution honoring

Candyco Transcription Service, Inc. 1 yet another New Yorker, a young person who 2 gave their life in the war against terror. 3 It's my very unfortunate 4 circumstance today to get up and talk about a 5 young man from my hometown who graduated from 6 the same high school that I graduated from 7 many years ago, Tim Serwinowski. Tim 8 graduated from North Tonawanda High School 9 just three years ago. He was 21 years old. 10 He joined the Marine Corps because he said he 11 wanted to be with the best. 12 He came home just before his 13 deployment to Afghanistan, and he went back to 14 his high school and he talked to his teachers. 15 And in the North Tonawanda High 16 School, in the library, they've put up the 17 pictures of all of the former students who are 18 serving in the armed forces. And he was very 19 surprised and I think very proud of the fact 20 that his younger sister, who will be 21 graduating this Sunday from NT, his younger 22 sister had brought in his photograph and his 23 photograph was hanging up there on the wall, a 24 wall that he walked by so many times when he 25 was a student at North Tonawanda.

Candyco Transcription Service, Inc. 1 Tim felt it was important, it was 2 important for people to step up and to do 3 their part in the war against terror. 4 Tim is survived by his mom and dad, 5 by several siblings. And I rise today, Madam 6 President, to ask my colleagues to honor his 7 service and his sacrifice. Today is Thursday. 8 And Tim was killed by a sniper in Afghanistan 9 just last Sunday. And his funeral is going to 10 be held on Saturday back in North Tonawanda, a 11 community that is so proud of his service, so 12 proud of his sacrifice. A young man whose 13 life was cut short by a sniper at such a very 14 young age, who had so much promise, but who 15 for the next several generations people in our 16 great community will look up to. 17 We certainly offer our condolences 18 to his mom, his dad, all of his brothers and 19 sisters. But at the same time, we thank them 20 for giving us Tim, for giving us a young man 21 who wanted to do his duty for his country and 22 his community. 23 Thank you, Madam President. 24 ACTING PRESIDENT SAVINO: I would 25 ask all the members to please rise and observe

Candyco Transcription Service, Inc. 1 a moment of silence for Marine Lance Corporal 2 Timothy G. Serwinowski. 3 (Whereupon, the assemblage 4 respected a moment of silence.) 5 ACTING PRESIDENT SAVINO: Are 6 there any other Senators wishing to be heard 7 on the resolution? 8 Seeing none, all those in favor of 9 adopting the resolution please signify by 10 saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT SAVINO: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT SAVINO: The 16 resolution is adopted. 17 Senator Maziarz has indicated that 18 he would like to open the resolution up to the 19 entire house for cosponsorship. Any Senator 20 not wishing to be on the resolution please 21 notify the desk. 22 Senator Klein. 23 SENATOR KLEIN: Madam President, 24 there will be an immediate meeting of the 25 Rules Committee in the Majority Conference

Candyco Transcription Service, Inc. 1 Room. 2 Pending the return of the Rules 3 Committee, may we please stand at ease. I 4 just want to remind my colleagues that there's 5 a small agenda, so we should be back here 6 pretty quickly. 7 ACTING PRESIDENT SAVINO: There 8 will be an immediate meeting of the Rules 9 Committee in the Majority Conference Room. 10 Pending the return of the Rules 11 Committee, the Senate stands at ease. 12 (Whereupon, the Senate stood at 13 ease at 1:14 p.m.) 14 (Whereupon, the Senate reconvened 15 at 1:46 p.m.) 16 ACTING PRESIDENT SAVINO: Senator 17 Klein. 18 SENATOR KLEIN: Madam President, 19 at this time can we please go to a reading of 20 the calendar. 21 ACTING PRESIDENT SAVINO: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 1098, by Senator Dilan, Senate Print 1103, an 25 act to amend the Social Services Law.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Lay the bill 2 aside for the day, please. 3 ACTING PRESIDENT SAVINO: The 4 bill is laid aside for the day. 5 THE SECRETARY: Calendar Number 6 1105, by Senator Thompson, Senate Print 1237, 7 an act to amend the General Business Law. 8 ACTING PRESIDENT SAVINO: Read 9 the last section. 10 THE SECRETARY: Section 8. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT SAVINO: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT SAVINO: 16 Announce the results. 17 THE SECRETARY: Ayes, 57. Nays, 18 2. Senators -- 19 SENATOR KLEIN: Lay the bill 20 aside for the day, please. 21 ACTING PRESIDENT SAVINO: The 22 bill is laid aside for the day. 23 THE SECRETARY: Calendar Number 24 1125, by Senator Klein, Senate Print 1861D, an 25 act to amend the Administrative Code of the

Candyco Transcription Service, Inc. 1 City of New York. 2 ACTING PRESIDENT SAVINO: There 3 is a home-rule message at the desk. 4 Read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 60th day. 7 ACTING PRESIDENT SAVINO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT SAVINO: 11 Announce the results. 12 THE SECRETARY: In relation to 13 Calendar Number 1125: Ayes, 57. Nays, 2. 14 Senators DeFrancisco and Skelos recorded in 15 the negative. 16 ACTING PRESIDENT SAVINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1126, by Member of the Assembly Kavanagh -- 20 SENATOR KLEIN: Lay the bill 21 aside for the day, please. 22 ACTING PRESIDENT SAVINO: The 23 bill is laid aside for the day. 24 THE SECRETARY: Calendar Number 25 1127, by Member of the Assembly Paulin,

Candyco Transcription Service, Inc. 1 Assembly Print Number 11111, an act to amend 2 the Penal Law. 3 ACTING PRESIDENT SAVINO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT SAVINO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT SAVINO: 11 Announce the results. 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT SAVINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1129, by Senator Savino Senate Print 5748A, an 17 act to amend the Retirement and Social 18 Security Law. 19 ACTING PRESIDENT SAVINO: Read 20 the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT SAVINO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 SENATOR SALAND: Madam President, 2 can you tell me, please, which bill we're on. 3 ACTING PRESIDENT SAVINO: 1129, 4 Senator Saland. 5 SENATOR SALAND: Thank you. 6 ACTING PRESIDENT SAVINO: 7 Announce the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1129 are 10 Senators Bonacic, DeFrancisco, Fuschillo, 11 Griffo, Hannon, O. Johnson, Larkin, LaValle, 12 Leibell, Maziarz, Nozzolio, Ranzenhofer, 13 Saland, Skelos, Volker and Young. Also 14 Senators Libous and Winner. 15 Ayes, 41. Nays, 18. 16 ACTING PRESIDENT SAVINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1130 -- 20 SENATOR KLEIN: Lay the bill 21 aside for the day, please. 22 ACTING PRESIDENT SAVINO: The 23 bill is laid aside for the day. 24 THE SECRETARY: Calendar Number 25 1131, by Member of the Assembly Castelli,

Candyco Transcription Service, Inc. 1 Assembly Print Number 10761A, an act to amend 2 the Criminal Procedure Law. 3 ACTING PRESIDENT SAVINO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT SAVINO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT SAVINO: 11 Announce the results. 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT SAVINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1132, by Senator Espada -- 17 ACTING PRESIDENT SAVINO: We're 18 going to open the roll call on 1131 by reading 19 the last section. All those who wish to vote 20 in the negative please raise your hands so the 21 Secretary can see you. 22 The Secretary will read. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT SAVINO: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. Nays, 4 2. Senators Duane and L. Krueger recorded in 5 the negative. 6 ACTING PRESIDENT SAVINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1132, by Senator Espada, Senate Print 6150A, 10 an act to amend the Public Authorities Law. 11 ACTING PRESIDENT SAVINO: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SAVINO: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT SAVINO: 19 Announce the results. 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT SAVINO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1133, by Member of the Assembly Pretlow, 25 Assembly Print Number 10222A, an act to amend

Candyco Transcription Service, Inc. 1 the Racing, Pari-Mutuel Wagering and Breeding 2 Law. 3 ACTING PRESIDENT SAVINO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT SAVINO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT SAVINO: 11 Announce the results. 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT SAVINO: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 1134, Senator Valesky moves to 17 discharge, from the Committee on Commerce, 18 Economic Development and Small Business, 19 Assembly Bill Number 9991 and substitute it 20 for the identical Senate Bill Number 6964, 21 Third Reading Calendar 1134. 22 ACTING PRESIDENT SAVINO: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number 25 1134, by Member of the Assembly Magnarelli,

Candyco Transcription Service, Inc. 1 Assembly Print Number 9991, an act to amend 2 the Public Authorities Law. 3 ACTING PRESIDENT SAVINO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT SAVINO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT SAVINO: 11 Announce the results. 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT SAVINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1135, substituted earlier today by Member of 17 the Assembly Abbate, Assembly Print Number 18 10109, an act to amend the Retirement and 19 Social Security Law. 20 ACTING PRESIDENT SAVINO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT SAVINO: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT SAVINO: 3 Announce the results. 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT SAVINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1136, by Senator C. Johnson, Senate Print 9 7089, an act to amend the Education Law. 10 ACTING PRESIDENT SAVINO: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT SAVINO: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT SAVINO: 18 Announce the results. 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT SAVINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1137, by Senator -- 24 SENATOR KLEIN: Lay the bill 25 aside for the day, please.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 bill is laid aside for the day. 3 THE SECRETARY: Calendar Number 4 1139, by Senator Valesky, Senate Print -- 5 SENATOR KLEIN: Lay the bill 6 aside for the day, please. 7 ACTING PRESIDENT SAVINO: The 8 bill is laid aside for the day. 9 THE SECRETARY: Calendar Number 10 1142, by Senator C. Johnson, Senate Print 11 7449, an act to legalize, validate, ratify and 12 confirm. 13 ACTING PRESIDENT SAVINO: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT SAVINO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT SAVINO: 21 Announce the results. 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT SAVINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1143, by Senator Oppenheimer, Senate Print 2 7463, an act to amend Chapter 425 of the Laws 3 of 2002 amending the Education Law. 4 ACTING PRESIDENT SAVINO: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SAVINO: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT SAVINO: 12 Announce the results. 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT SAVINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1144, by Senator Huntley, Senate Print 7483A, 18 an act to amend the Public Health Law. 19 ACTING PRESIDENT SAVINO: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT SAVINO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: 2 Announce the results. 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT SAVINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1145, by Senator Addabbo, Senate Print 7500, 8 an act to amend the Civil Service Law. 9 ACTING PRESIDENT SAVINO: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SAVINO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT SAVINO: 17 Announce the results. 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT SAVINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1147, substituted earlier today by Member of 23 the Assembly Gottfried, Assembly Print Number 24 10943, an act to amend the Public Health Law. 25 ACTING PRESIDENT SAVINO: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT SAVINO: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT SAVINO: 8 Announce the results. 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT SAVINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1148, substituted earlier today by Member of 14 the Assembly Bing, Assembly Print Number 15 10443B, an act to amend the Real Property Law. 16 ACTING PRESIDENT SAVINO: Read 17 the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect January 1, 2011. 20 ACTING PRESIDENT SAVINO: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT SAVINO: 24 Announce the results. 25 THE SECRETARY: Ayes, 59.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1149, by Senator Stachowski, Senate Print 5 7676, an act to amend the Public Authorities 6 Law. 7 ACTING PRESIDENT SAVINO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SAVINO: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT SAVINO: 15 Announce the results. 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT SAVINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1150, by Senator Thompson, Senate Print 7712, 21 an act to amend the Public Service Law and the 22 Public Authorities Law. 23 ACTING PRESIDENT SAVINO: Read 24 the last section. 25 THE SECRETARY: Section 4. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT SAVINO: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT SAVINO: 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1150 are 9 Senators DeFrancisco, Farley, O. Johnson, 10 Larkin, LaValle, Ranzenhofer and Young. 11 Ayes, 52. Nays, 7. 12 ACTING PRESIDENT SAVINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1151, by Senator Oppenheimer, Senate Print 16 7753, an act to amend the Environmental 17 Conservation Law. 18 ACTING PRESIDENT SAVINO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of January. 22 ACTING PRESIDENT SAVINO: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT SAVINO:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT SAVINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1152, by Senator Stachowski, Senate Print 7 7915, an act to legalize, validate, ratify and 8 confirm. 9 ACTING PRESIDENT SAVINO: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SAVINO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT SAVINO: 17 Announce the results. 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT SAVINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1153, substituted earlier today by Member of 23 the Assembly Markey, Assembly Print Number 24 2600A -- 25 SENATOR KLEIN: Lay the bill

Candyco Transcription Service, Inc. 1 aside for the day, please. 2 ACTING PRESIDENT SAVINO: The 3 bill is laid aside for the day. 4 THE SECRETARY: Calendar Number 5 1154, by Senator Stewart-Cousins, Senate Print 6 7968, an act to amend the Economic Development 7 Law. 8 ACTING PRESIDENT SAVINO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 180th day. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT SAVINO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT SAVINO: 17 Announce the results. 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT SAVINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1155, substituted earlier today by Member of 23 the Assembly Carrozza, Assembly Print Number 24 9857C, an act to amend the Estates, Powers and 25 Trusts Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT SAVINO: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT SAVINO: 9 Announce the results. 10 THE SECRETARY: Ayes, 59. 11 ACTING PRESIDENT SAVINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1156, substituted earlier today by Member of 15 the Assembly Weinstein, Assembly Print Number 16 11100, an act to amend the Family Court Act 17 and the Domestic Relations Law. 18 ACTING PRESIDENT SAVINO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT SAVINO: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT SAVINO:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT SAVINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1157, by Senator Stachowski -- 7 SENATOR KLEIN: Lay the bill 8 aside for the day, please. 9 ACTING PRESIDENT SAVINO: The 10 bill is laid aside for the day. 11 THE SECRETARY: Calendar Number 12 1158, substituted earlier today by Member of 13 the Assembly Weisenberg, Assembly Print Number 14 11237, an act to amend the Real Property Tax 15 Law. 16 ACTING PRESIDENT SAVINO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT SAVINO: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT SAVINO: 24 Announce the results. 25 THE SECRETARY: Ayes, 59.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1159, by Senator Peralta, Senate Print 8130, 5 an act to amend the Administrative Code of the 6 City of New York. 7 ACTING PRESIDENT SAVINO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SAVINO: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT SAVINO: 15 Announce the results. 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT SAVINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1160, by Senator Aubertine, Senate Print 21 8140A, an act in relation to authorizing. 22 ACTING PRESIDENT SAVINO: There 23 is a home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 5. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT SAVINO: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT SAVINO: 6 Announce the results. 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT SAVINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1161, substituted earlier today by the 12 Assembly Committee on Rules, Assembly Print 13 Number 11352A, an act to amend the Election 14 Law. 15 ACTING PRESIDENT SAVINO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT SAVINO: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT SAVINO: 23 Announce the results. 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT SAVINO: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1162, substituted earlier today by the 4 Assembly Committee on Rules, Assembly Print 5 Number 11353A, an act to amend the Election 6 Law. 7 ACTING PRESIDENT SAVINO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SAVINO: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT SAVINO: 15 Announce the results. 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT SAVINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1163, substituted earlier today by the 21 Assembly Committee on Rules, Assembly Print 22 Number 11354A, an act to amend the Election 23 Law. 24 ACTING PRESIDENT SAVINO: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT SAVINO: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT SAVINO: 7 Announce the results. 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT SAVINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1164, substituted earlier today by the 13 Assembly Committee on Rules, Assembly Print 14 Number 11320, an act to amend the Private 15 Housing Finance Law. 16 ACTING PRESIDENT SAVINO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT SAVINO: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT SAVINO: 24 Announce the results. 25 THE SECRETARY: Ayes, 59.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1165, by Senator Klein, Senate Print 8175, an 5 act to amend the Penal Law. 6 ACTING PRESIDENT SAVINO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT SAVINO: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT SAVINO: 14 Announce the results. 15 THE SECRETARY: Ayes, 57. Nays, 16 2. Senators Duane and Montgomery recorded in 17 the negative. 18 ACTING PRESIDENT SAVINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1166, by Senator C. Johnson -- 22 SENATOR KLEIN: Lay the bill 23 aside for the day, please. 24 ACTING PRESIDENT SAVINO: The 25 bill is laid aside for the day.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1167, substituted earlier today by Member of 3 the Assembly Boyland, Assembly Print Number 4 5602, an act authorizing and directing the 5 Department of Health. 6 ACTING PRESIDENT SAVINO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT SAVINO: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT SAVINO: 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1167 are 17 Senators DeFrancisco, Farley, Flanagan, Foley, 18 O. Johnson, Lanza and Larkin. 19 Ayes, 52. Nays, 7. 20 ACTING PRESIDENT SAVINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1169, by Senator Onorato, Senate Print 8225, 24 an act to amend the Retirement and Social 25 Security Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Read 2 the last section. 3 THE SECRETARY: Section -- 4 SENATOR SKELOS: Lay it aside, 5 please. 6 ACTING PRESIDENT SAVINO: The 7 bill is laid aside. 8 THE SECRETARY: Calendar Number 9 1170, by Senator Foley, Senate Print 8239, an 10 act to amend the Public Authorities Law. 11 SENATOR KLEIN: Lay the bill 12 aside for the day, please. 13 ACTING PRESIDENT SAVINO: The 14 bill is laid aside for the day. 15 THE SECRETARY: Calendar Number 16 1171, by Senator Klein, Senate Print 8261, an 17 act to amend the Education Law. 18 ACTING PRESIDENT SAVINO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT SAVINO: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT SAVINO:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT SAVINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1172, by Senator Smith, Senate Print 8266, an 7 act to amend the Vehicle and Traffic Law and 8 the State Finance Law. 9 ACTING PRESIDENT SAVINO: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the 180th day. 13 ACTING PRESIDENT SAVINO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT SAVINO: 17 Announce the results. 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT SAVINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1173, by Senator Klein, Senate Print 8267, an 23 act to amend the General Business Law. 24 ACTING PRESIDENT SAVINO: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 4. This 2 act shall take effect immediately. 3 ACTING PRESIDENT SAVINO: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT SAVINO: 7 Announce the results. 8 THE SECRETARY: Ayes, 58. Nays, 9 1. Senator O. Johnson recorded in the 10 negative. 11 ACTING PRESIDENT SAVINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1174, by Senator Thompson -- 15 SENATOR KLEIN: Lay the bill 16 aside for the day, please. 17 ACTING PRESIDENT SAVINO: The 18 bill is laid aside for the day. 19 THE SECRETARY: Calendar Number 20 1175, by Senator Foley, Senate Print 8281, an 21 act to amend the Energy Law and the Executive 22 Law. 23 ACTING PRESIDENT SAVINO: Read 24 the last section. 25 THE SECRETARY: Section 11. This

Candyco Transcription Service, Inc. 1 act shall take effect January 1, 2011. 2 ACTING PRESIDENT SAVINO: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT SAVINO: 6 Announce the results. 7 THE SECRETARY: Ayes, 57. Nays, 8 2. Senators DeFrancisco and O. Johnson 9 recorded in the negative. 10 ACTING PRESIDENT SAVINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1176, by Senator Fuschillo, Senate Print 44, 14 an act to amend the Education Law. 15 ACTING PRESIDENT SAVINO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of July. 19 ACTING PRESIDENT SAVINO: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT SAVINO: 23 Announce the results. 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT SAVINO: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1177, by Senator McDonald, Senate Print 8052, 4 an act to amend the Highway Law. 5 ACTING PRESIDENT SAVINO: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SAVINO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT SAVINO: 13 Announce the results. 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT SAVINO: The 16 bill is passed. 17 Senator Klein, that completes the 18 reading of the noncontroversial calendar. 19 SENATOR KLEIN: Madam President, 20 at this time can we please go to a reading of 21 the supplemental calendar. 22 ACTING PRESIDENT SAVINO: Senator 23 Klein, before we proceed with the supplemental 24 calendar we must adopt the report of the Rules 25 Committee.

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: Senator Smith, 3 from the Committee on Rules, reports the 4 following bills: 5 Senate Print 5909, by Senator 6 Nozzolio, an act in relation to participation; 7 6813, by Senator Libous, an act to 8 authorize; 9 6926A, by Senator Winner, an act to 10 authorize; 11 7045, by Senator Morahan, an act to 12 authorize; 13 7046, by Senator Morahan, an act to 14 authorize; 15 7074, by Senator Marcellino, an act 16 to amend Chapter 226 of the Laws of 2003; 17 7182A, by Senator Larkin, an act to 18 authorize; 19 7600B, by Senator McDonald, an act 20 to provide; 21 7736, by Senator Volker, an act to 22 amend Chapter 185 of the Laws of 2005; 23 7947A, by Senator Seward, an act to 24 amend the Highway Law; 25 8031, by Senator Leibell, an act to

Candyco Transcription Service, Inc. 1 authorize; 2 8087, by Senator Robach, an act to 3 amend Chapter 633 of the Laws of 2006; 4 8179, by Senator Bonacic, an act to 5 amend the Not-for-Profit Corporation Law; 6 And Senate Print 8180, by Senator 7 Little, an act in relation to making certain 8 findings. 9 All bills ordered direct to third 10 reading. 11 ACTING PRESIDENT SAVINO: All 12 those in favor of adopting the Rules Committee 13 report please signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT SAVINO: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT SAVINO: The 19 Rules Committee report is adopted. 20 Senator Klein. 21 SENATOR KLEIN: Madam President, 22 can we now go to a reading of the supplemental 23 calendar. 24 ACTING PRESIDENT SAVINO: The 25 Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: In relation to 2 Calendar Number 1128, Senator Nozzolio moves 3 to discharge, from the Committee on Rules, 4 Assembly Bill Number 8851 and substitute it 5 for the identical Senate Bill Number 5909, 6 Third Reading Calendar 1128. 7 ACTING PRESIDENT SAVINO: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 1128, by Member of the Assembly Finch, 11 Assembly Print Number 8851, an act in relation 12 to participation. 13 ACTING PRESIDENT SAVINO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT SAVINO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT SAVINO: 21 Announce the results. 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT SAVINO: The 24 bill is passed. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc. 1 Calendar Number 1138, Senator Libous moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 9913 and substitute it 4 for the identical Senate Bill Number 6813, 5 Third Reading Calendar 1138. 6 ACTING PRESIDENT SAVINO: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 1138, by Member of the Assembly Crouch, 10 Assembly Print Number 9913, an act to 11 authorize the Village of Port Dickinson. 12 ACTING PRESIDENT SAVINO: There 13 is a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT SAVINO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT SAVINO: 21 Announce the results. 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT SAVINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1140, by Senator Winner, Senate Print 6926A, 2 an act to authorize the County of Chemung. 3 ACTING PRESIDENT SAVINO: There 4 is a home-rule message at the desk. 5 Read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SAVINO: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT SAVINO: 12 Announce the results. 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT SAVINO: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 1146, Senator Morahan moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 9746 and substitute it 20 for the identical Senate Bill Number 7045, 21 Third Reading Calendar 1146. 22 ACTING PRESIDENT SAVINO: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number 25 1146, by Member of the Assembly Jaffee,

Candyco Transcription Service, Inc. 1 Assembly Print Number 9746, an act to 2 authorize the Community Outreach Center. 3 ACTING PRESIDENT SAVINO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT SAVINO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT SAVINO: 11 Announce the results. 12 THE SECRETARY: Ayes, 57. Nays, 13 2. Senators Bonacic and Larkin recorded in 14 the negative. 15 ACTING PRESIDENT SAVINO: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 1168, Senator Morahan moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 9748 and substitute it 21 for the identical Senate Bill Number 7046, 22 Third Reading Calendar 1168. 23 ACTING PRESIDENT SAVINO: 24 Substitution ordered. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1168, by Member of the Assembly Jaffee, 2 Assembly Print Number 9748, an act to 3 authorize. 4 ACTING PRESIDENT SAVINO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SAVINO: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT SAVINO: 12 Announce the results. 13 THE SECRETARY: Ayes, 57. Nays, 14 2. Senators Bonacic and Larkin recorded in 15 the negative. 16 ACTING PRESIDENT SAVINO: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 1178, Senator Marcellino moves 20 to discharge, from the Committee on Local 21 Government, Assembly Bill Number 10213 and 22 substitute it for the identical Senate Bill 23 Number 7074, Third Reading Calendar 1178. 24 ACTING PRESIDENT SAVINO: 25 Substitution ordered.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1178, by Member of the Assembly Montesano, 3 Assembly Print Number 10213, an act to amend 4 Chapter 226 of the Laws of 2003. 5 ACTING PRESIDENT SAVINO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SAVINO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT SAVINO: 13 Announce the results. 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT SAVINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1179, by Senator Larkin, Senate Print 7182A, 19 an act to authorize the Village of 20 Cornwall-on-Hudson. 21 ACTING PRESIDENT SAVINO: There 22 is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT SAVINO: 5 Announce the results. 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT SAVINO: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1181, Senator McDonald moves 11 to discharge, from the Committee on Education, 12 Assembly Bill Number 10355B and substitute it 13 for the identical Senate Bill Number 7600B, 14 Third Reading Calendar 1181. 15 ACTING PRESIDENT SAVINO: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 1181, by Member of the Assembly Gordon, 19 Assembly Print Number 10355B, an act to 20 provide for the creation. 21 ACTING PRESIDENT SAVINO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT SAVINO: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT SAVINO: 4 Announce the results. 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT SAVINO: The 7 bill is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 1183, Senator Volker moves to 10 discharge, from the Committee on Rules, 11 Assembly Bill Number 10979 and substitute it 12 for the identical Senate Bill Number 7736, 13 Third Reading Calendar 1183. 14 ACTING PRESIDENT SAVINO: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 1183, by Member of the Assembly Burling, 18 Assembly Print Number 10979, an act to amend 19 Chapter 185 of the Laws of 2005. 20 ACTING PRESIDENT SAVINO: There 21 is a home-rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT SAVINO: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT SAVINO: 4 Announce the results. 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT SAVINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1184, by Senator Seward, Senate Print 7947A, 10 an act to amend the Highway Law. 11 ACTING PRESIDENT SAVINO: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SAVINO: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT SAVINO: Senator 19 Seward, to explain his vote. 20 SENATOR SEWARD: Thank you, Madam 21 President. 22 This legislation would name a 23 portion of State Route 32 in Greene County as 24 Trooper David J. Lane Memorial Highway. 25 Trooper Lane died in the line of

Candyco Transcription Service, Inc. 1 duty in an automobile accident while on patrol 2 on November 4, 2009. He was a four-year 3 veteran of the New York State Police and had 4 actually served two tours of duty, one in Iraq 5 and one in Afghanistan, as part of the 32nd 6 Airborne Division of the U.S. Army. 7 And so by designating this highway 8 after Trooper Lane, it will forever remind 9 motorists of his service to not only his 10 country but to the State of New York, and of 11 his selflessness and his way of serving 12 others, which is certainly well worth 13 remembering. 14 Thank you. I vote aye. 15 ACTING PRESIDENT SAVINO: Senator 16 Seward will be recorded in the affirmative on 17 Calendar 1184. 18 Announce the results. 19 THE SECRETARY: Ayes, 59. Nays, 20 0. 21 ACTING PRESIDENT SAVINO: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1185, Senator Leibell moves to 25 discharge, from the Committee on Rules,

Candyco Transcription Service, Inc. 1 Assembly Bill Number 10779 and substitute it 2 for the identical Senate Bill Number 8031, 3 Third Reading Calendar 1185. 4 ACTING PRESIDENT SAVINO: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 1185, by Member of the Assembly Galef, 8 Assembly Print Number 10779, an act to 9 authorize. 10 ACTING PRESIDENT SAVINO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT SAVINO: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT SAVINO: 18 Announce the results. 19 THE SECRETARY: Ayes, 57. Nays, 20 2. Senators Bonacic and Larkin recorded in 21 the negative. 22 ACTING PRESIDENT SAVINO: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1186, Senator Robach moves to

Candyco Transcription Service, Inc. 1 discharge, from the Committee on Health, 2 Assembly Bill Number 11289 and substitute it 3 for the identical Senate Bill Number 8087, 4 Third Reading Calendar 1186. 5 ACTING PRESIDENT SAVINO: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 1186, by Member of the Assembly Morelle, 9 Assembly Print Number 11289, an act to amend 10 Chapter 633 of the Laws of 2006. 11 ACTING PRESIDENT SAVINO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SAVINO: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT SAVINO: 19 Announce the results. 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT SAVINO: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1187, Senator Bonacic moves to 25 discharge, from the Committee on Rules,

Candyco Transcription Service, Inc. 1 Assembly Bill Number 11516 and substitute it 2 for the identical Senate Bill Number 8179, 3 Third Reading Calendar 1187. 4 ACTING PRESIDENT SAVINO: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 1187, by the Assembly Committee on Rules, 8 Assembly Print Number 11516, an act to amend 9 the Not-for-Profit Corporation Law. 10 ACTING PRESIDENT SAVINO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT SAVINO: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT SAVINO: 18 Announce the results. 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT SAVINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1188, by Senator Little, Senate Print 8180, an 24 act in relation to making certain findings and 25 determinations.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: There 2 is a home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect immediately. 6 ACTING PRESIDENT SAVINO: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT SAVINO: 10 Announce the results. 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT SAVINO: The 13 bill is passed. 14 Senator Klein, that completes the 15 reading of the noncontroversial supplemental 16 calendar. 17 SENATOR KLEIN: Madam President, 18 can we please stand at ease until 3 o'clock. 19 ACTING PRESIDENT SAVINO: The 20 Senate will stand at ease until 3 o'clock. 21 (Whereupon, the Senate stood at 22 ease at 2:20 p.m.) 23 ACTING PRESIDENT SAVINO: Senator 24 Klein. 25 SENATOR KLEIN: Madam President,

Candyco Transcription Service, Inc. 1 can you please recognize Senator Skelos. 2 ACTING PRESIDENT SAVINO: Senator 3 Skelos. 4 SENATOR SKELOS: There will be an 5 immediate Republican conference, please. 6 ACTING PRESIDENT SAVINO: There 7 will be an immediate meeting of the Republican 8 Conference in the Republican Conference Room. 9 The Senate will stand at ease until 10 3:00 p.m. 11 (Whereupon, the Senate reconvened 12 at 4:12 p.m.) 13 ACTING PRESIDENT SAVINO: Senator 14 Klein. 15 SENATOR KLEIN: Madam President, 16 I'd like to withdraw the lay aside for the day 17 on Calendar Number 1139, Senate Bill 7257. 18 ACTING PRESIDENT SAVINO: The lay 19 aside is lifted. 20 The Secretary will read the title 21 of the bill, noncontroversial. 22 THE SECRETARY: Calendar Number 23 1139, by Senator Valesky, Senate Print 7257, 24 an act to amend the Tax Law. 25 ACTING PRESIDENT SAVINO: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT SAVINO: Senator 5 Hannon. 6 SENATOR HANNON: Madam President, 7 could we find out what this bill is, since you 8 just did a lay aside without any prior notice? 9 Could we at least put the bill up? 10 ACTING PRESIDENT SAVINO: It's on 11 the first calendar of the day, and it's 12 Calendar Number 1139. The bill number is 13 7257. 14 SENATOR HANNON: Can I ask for an 15 explanation, then, since I don't have that 16 calendar right here, since we've been on a 17 two-hour recess. 18 ACTING PRESIDENT SAVINO: Senator 19 Hannon, your counsel was informed by our 20 counsel that we were going to lift this 21 lay-aside. 22 SENATOR HANNON: I was not 23 informed. 24 I would like to look at the bill. 25 I'm sure it's worthwhile; I don't have it in

Candyco Transcription Service, Inc. 1 front of me. 2 ACTING PRESIDENT SAVINO: The 3 bill is on the noncontroversial calendar. If 4 you'd like, you can lay the bill aside. 5 SENATOR HANNON: Lay it aside. 6 ACTING PRESIDENT SAVINO: The 7 bill is laid aside. 8 Senator Klein. 9 SENATOR KLEIN: Madam President, 10 can we please go to a reading of the 11 controversial calendar. 12 ACTING PRESIDENT SAVINO: The 13 Secretary will proceed with the reading of the 14 controversial calendar. 15 I would ask you to ring the bills 16 and ask all the members to return. And we 17 will be taking up Calendar Number 1139. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 1169, by Senator Onorato, Senate Print 8225, 21 an act to amend the Retirement and Social 22 Security Law. 23 SENATOR MAZIARZ: Madam 24 President, which calendar number are we on? 25 ACTING PRESIDENT SAVINO: Senator

Candyco Transcription Service, Inc. 1 Maziarz, we are going to take up Calendar 2 Number 1139. Senator Valesky is the sponsor. 3 SENATOR DeFRANCISCO: You said 4 Senator Onorato. 5 ACTING PRESIDENT SAVINO: The 6 Secretary read the wrong bill. 7 We will proceed with Calendar 8 Number 1139, which is on the controversial 9 calendar, and then go to Calendar 1169, which 10 is also on the controversial calendar. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1139, by Senator Valesky, Senate Print 7257, 14 an act to amend the Tax Law. 15 ACTING PRESIDENT SAVINO: Are 16 there any other Senators who wish to be heard 17 on the bill? 18 Seeing none, the debate is closed. 19 The Secretary will ring the bells. 20 SENATOR KLEIN: Explanation. 21 ACTING PRESIDENT SAVINO: Senator 22 Valesky, an explanation has been requested by 23 Senator Klein. 24 SENATOR VALESKY: Yes. Yes. 25 Madam President, this bill seeks to clarify in

Candyco Transcription Service, Inc. 1 statute that those farmers who participate in 2 the Farmland Protection Program and set aside 3 a portion of their land and purchase that land 4 for development rights -- or, rather, to 5 protect that land for development rights -- 6 can still qualify for the farmers' school 7 property tax credit. 8 ACTING PRESIDENT SAVINO: Are 9 there any other Senators who wish to be heard 10 on the bill? 11 Seeing none, again, the debate is 12 now closed. The Secretary will ring the 13 bells. 14 We ask all members to please come 15 to the chamber to vote. 16 Read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT SAVINO: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT SAVINO: 23 Announce the results. 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT SAVINO: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1169, by Senator Onorato, Senate Print 8225, 4 an act to amend the Retirement and Social 5 Security Law. 6 SENATOR MAZIARZ: Explanation, 7 please. 8 ACTING PRESIDENT SAVINO: Senator 9 Onorato, an explanation has been requested. 10 SENATOR ONORATO: Madam 11 President, this bill comes at the request of 12 the New York Power Authority. 13 I'll read the letter. "The Power 14 Authority of the State of New York and the 15 utility workers union, Local 1-2 of the United 16 Utility Workers, agreed during collective 17 bargaining negotiations" -- 18 ACTING PRESIDENT SAVINO: Can we 19 have some order, please. 20 SENATOR ONORATO: -- "in 2008 to 21 jointly support legislation to amend the 22 New York State Retirement and Social Security 23 Law for the benefit of certain Authority 24 employees working at its Charles Poletti Power 25 Plant located in Astoria, New York. As a

Candyco Transcription Service, Inc. 1 result of the Poletti Plant's cessation of 2 operations in January 2010, a small designated 3 group of Authority employees may lose their 4 jobs. 5 "This bill, drafted by the 6 Authority and the union workers, enables these 7 employees to retire without penalty after 8 25 years rather than 30 years of service. The 9 Authority supports the passage of this 10 legislation, which is designed to address a 11 unique situation affecting long-term employees 12 who face the prospect of unemployment in these 13 challenging economic times." 14 SENATOR MAZIARZ: Madam 15 President, through you, would my good friend 16 and colleague Senator Onorato yield for just a 17 couple of questions. 18 ACTING PRESIDENT SAVINO: Senator 19 Onorato, will you yield for a question? 20 SENATOR ONORATO: Yes, I will. 21 ACTING PRESIDENT SAVINO: The 22 Senator yields. 23 SENATOR MAZIARZ: Thank you very 24 much, Senator Onorato. I very much appreciate 25 that.

Candyco Transcription Service, Inc. 1 Senator, could you tell me the 2 number of employees that will be impacted by 3 this legislation? 4 SENATOR ONORATO: I believe it's 5 going to be 12. 6 SENATOR MAZIARZ: Twelve was the 7 answer? Thank you. 8 One other question, through you, 9 Madam President, if the Senator would continue 10 to yield. 11 SENATOR ONORATO: Yes, I will. 12 SENATOR MAZIARZ: Do you know the 13 approximate cost of this incentive for those 14 12 people? 15 SENATOR ONORATO: A one-time cost 16 of $2.57 million, which will be absorbed by 17 the New York Power Authority. 18 SENATOR MAZIARZ: Thank you very 19 much, Senator. 20 On the bill, Madam President. 21 ACTING PRESIDENT SAVINO: Senator 22 Maziarz, on the bill. 23 SENATOR MAZIARZ: Thank you very 24 much, Madam President. 25 The reason I asked my good friend

Candyco Transcription Service, Inc. 1 and colleague and someone I have a great deal 2 of respect for, Senator Onorato, the chairman 3 of the Labor Committee, about that particular 4 bill is I think we should understand that when 5 the Power Authority is spending 2-plus million 6 dollars, that whenever the Power Authority 7 spends money, it all comes from only one 8 place, the only place the Power Authority 9 makes money, and that of course is at the 10 Niagara Generating Station in Niagara County 11 in Western New York. 12 So although I don't begrudge these 13 people -- they worked a long time at the 14 Poletti Plant, and for their own interest the 15 Power Authority decided to close the Poletti 16 Plant. But I do, quite frankly, resent the 17 fact that here we have again, you know, 18 benefits that are generated at Niagara, money 19 that is made at Niagara, 2-plus million 20 dollars, that is going to assist another area 21 of the State of New York. 22 On the roll call, Madam President, 23 I will be voting in the negative. Thank you. 24 Thank you, Senator Onorato. 25 ACTING PRESIDENT SAVINO: Senator

Candyco Transcription Service, Inc. 1 Maziarz will be recorded in the negative on 2 Calendar Number 1169. 3 Are there any other Senators 4 wishing to be heard? 5 Seeing none, debate is closed. The 6 Secretary will ring the bells. 7 And we ask all members to please 8 come to the chamber and to stay in the 9 chamber. 10 Read the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SAVINO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT SAVINO: Senator 17 Onorato. 18 SENATOR ONORATO: To explain my 19 vote. 20 ACTING PRESIDENT SAVINO: Senator 21 Onorato, to explain his vote. 22 SENATOR ONORATO: I would urge my 23 colleagues to just take a moment and reflect. 24 Earlier today we passed a bill for 25 Senator Larkin to allow some people in his own

Candyco Transcription Service, Inc. 1 district to participate in a 20-year 2 retirement. 3 These fellows that we're talking 4 about are going to lose their jobs. All we're 5 asking is to give them a break, like we do 6 throughout the year. Almost everyone in this 7 chamber has introduced legislation very, very 8 similar to this without ever facing what we're 9 just facing now. So I'd really ask you to 10 reconsider your position on this. 11 I vote aye. 12 ACTING PRESIDENT SAVINO: Senator 13 Onorato will be recorded in the affirmative. 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1169 are 17 Senators Alesi, Bonacic, DeFrancisco, Farley, 18 Flanagan, Fuschillo, Golden, Griffo, Hannon, 19 O. Johnson, Lanza, Larkin, LaValle, Leibell, 20 Libous, Little, Marcellino, Maziarz, McDonald, 21 Nozzolio, Ranzenhofer, Robach, Saland, Seward, 22 Skelos, Volker, Winner and Young. 23 Absent from voting: Senator Duane. 24 Ayes, 32. Nays, 28. 25 ACTING PRESIDENT SAVINO: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 Senator Klein, that completes the 3 reading of the controversial calendar. 4 SENATOR KLEIN: Madam President, 5 can we briefly return to motions and 6 resolutions. 7 ACTING PRESIDENT SAVINO: 8 Returning to motions and resolutions. 9 SENATOR KLEIN: Madam President, 10 on behalf of Senator Duane, on page 31 I offer 11 the following amendments to Calendar Number 12 900, Senate Print Number 5007, and ask that 13 said bill retain its place on Third Reading 14 Calendar. 15 ACTING PRESIDENT SAVINO: So 16 ordered. 17 SENATOR KLEIN: On behalf of 18 Senator Parker, on page number 18 I offer the 19 following amendments to Calendar Number 518, 20 Senate Print Number 4291B, and ask that said 21 bill retain its place on Third Reading 22 Calendar. 23 ACTING PRESIDENT SAVINO: So 24 ordered. 25 SENATOR KLEIN: Madam President,

Candyco Transcription Service, Inc. 1 on behalf of Senator Duane, I wish to call up 2 Print Number 2813B, recalled from the 3 Assembly, which is now at the desk. 4 ACTING PRESIDENT SAVINO: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 197, by Senator Aubertine, Senate Print 2813B, 8 an act to amend the Public Authorities Law. 9 ACTING PRESIDENT SAVINO: Senator 10 Klein. 11 SENATOR KLEIN: Madam President, 12 I now move to reconsider the vote by which 13 this bill was passed. 14 ACTING PRESIDENT SAVINO: The 15 Secretary will call the roll on 16 reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT SAVINO: Senator 20 Klein. 21 SENATOR KLEIN: Madam President, 22 I now offer the following amendments. 23 ACTING PRESIDENT SAVINO: 24 Amendments received. 25 Could we have some order in the

Candyco Transcription Service, Inc. 1 chamber, please. 2 SENATOR KLEIN: Madam President, 3 could I just -- the bill that I recalled, 4 Senator Duane's bill, it seems that Senator 5 Aubertine's bill was read. Is that correct? 6 SENATOR LIBOUS: That's correct. 7 ACTING PRESIDENT SAVINO: Senator 8 Klein, the motion slip had the wrong name on 9 it, but the bill was a Senator Aubertine bill. 10 SENATOR KLEIN: Thank you, Madam 11 President. 12 SENATOR LIBOUS: I'm sorry, Jeff, 13 what's the clarification on that? 14 ACTING PRESIDENT SAVINO: Senator 15 Libous, it was a mistake. 16 SENATOR LIBOUS: He said it was a 17 Senator Duane bill, you said -- 18 ACTING PRESIDENT SAVINO: No, it 19 is a Senator Aubertine bill. The motion slip 20 that Senator Klein read from had a mistake on 21 it. 22 SENATOR LIBOUS: Thank you. I 23 didn't understand what you were saying. 24 ACTING PRESIDENT SAVINO: Senator 25 Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Madam President, 2 on behalf of Senator Addabbo, on page 37 I 3 offer the following amendments to Calendar 4 Number 1104, Senate Print Number 7591B. 5 ACTING PRESIDENT SAVINO: 6 Amendments received. 7 Senator Klein. 8 SENATOR KLEIN: Madam President, 9 at this time can we please go to a reading of 10 the supplemental active list. 11 ACTING PRESIDENT SAVINO: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 104, by Member of the Assembly Peoples-Stokes, 15 Assembly Print Number 9252A, an act to amend 16 the Agriculture and Markets Law. 17 ACTING PRESIDENT SAVINO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT SAVINO: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT SAVINO: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT SAVINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 199, by Member of the Assembly Spano, Assembly 6 Print Number 8182, an act to amend the Racing, 7 Pari-Mutuel Wagering and Breeding Law. 8 ACTING PRESIDENT SAVINO: Read 9 the last section. 10 SENATOR LIBOUS: Lay it aside. 11 ACTING PRESIDENT SAVINO: The 12 bill is laid aside. 13 THE SECRETARY: Calendar Number 14 243, by Senator Parker, Senate Print 6355A, an 15 act to amend the Education Law. 16 ACTING PRESIDENT SAVINO: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT SAVINO: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT SAVINO: 24 Announce the results. 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 413, substituted earlier by Member of the 5 Assembly Paulin, Assembly Print Number 10052A, 6 an act to amend the Executive Law. 7 ACTING PRESIDENT SAVINO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect April 1, 2011. 11 ACTING PRESIDENT SAVINO: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT SAVINO: 15 Announce the results. 16 THE SECRETARY: Ayes, 58. Nays, 17 3. Senators DeFrancisco, Larkin and 18 Ranzenhofer recorded in the negative. 19 ACTING PRESIDENT SAVINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 622, by Senator Squadron, Senate Print 5287D, 23 an act to amend the Environmental Conservation 24 Law. 25 ACTING PRESIDENT SAVINO: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 90th day. 4 ACTING PRESIDENT SAVINO: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT SAVINO: Senator 8 Ranzenhofer, to explain his vote. 9 SENATOR RANZENHOFER: Yes, very 10 briefly, Madam President, this is going to be 11 an unfunded mandate on school districts. And 12 for that reason, I'll be voting no. 13 ACTING PRESIDENT SAVINO: Senator 14 Ranzenhofer will be recorded in the negative. 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 622 are 18 Senators Alesi, DeFrancisco, Farley, Golden, 19 Griffo, O. Johnson, Larkin, LaValle, Leibell, 20 Libous, Little, Nozzolio, Ranzenhofer, Robach, 21 Saland, Seward, Winner and Young. 22 Ayes, 43. Nays, 18. 23 ACTING PRESIDENT SAVINO: The 24 bill is passed. 25 THE SECRETARY: Also Senator

Candyco Transcription Service, Inc. 1 Skelos. 2 Ayes, 42. Nays, 19. 3 ACTING PRESIDENT SAVINO: The 4 bill is still passed. 5 THE SECRETARY: Calendar Number 6 631, by Senator Addabbo, Senate Print 7222, an 7 act to amend the Election Law. 8 ACTING PRESIDENT SAVINO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT SAVINO: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT SAVINO: 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 631 are 19 Senators DeFrancisco, Farley, Golden, Griffo, 20 Hannon, Larkin, LaValle, Libous, Leibell, 21 Little, Marcellino, Nozzolio, Saland, Seward, 22 Skelos, Volker, Winner and Young. Also 23 Senator Ranzenhofer. 24 Ayes, 42. Nays, 19. 25 ACTING PRESIDENT SAVINO: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 707, by Senator Parker, Senate Print 2087B, an 4 act to amend the Public Health Law. 5 ACTING PRESIDENT SAVINO: Read 6 the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect on the first of 9 November. 10 ACTING PRESIDENT SAVINO: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT SAVINO: 14 Announce the results. 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT SAVINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 711, by Senator Sampson, Senate Print 4535, an 20 act to amend the Civil Practice Law and Rules. 21 ACTING PRESIDENT SAVINO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT SAVINO: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT SAVINO: 4 Announce the results. 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT SAVINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 719, by Senator Serrano, Senate Print 7359A, 10 an act to amend the Navigation Law. 11 ACTING PRESIDENT SAVINO: Read 12 the last section. 13 THE SECRETARY: Section 5. This 14 act shall take effect on the 30th day. 15 ACTING PRESIDENT SAVINO: Call 16 the roll. 17 (The Secretary called the roll.) 18 SENATOR KLEIN: Lay the bill 19 aside for the day, please. 20 ACTING PRESIDENT SAVINO: The 21 bill is laid aside for the day. 22 THE SECRETARY: Calendar Number 23 740, by Senator McDonald, Senate Print 7731, 24 an act to amend Chapter 542 of the Laws of 25 1997.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: There 2 is a home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT SAVINO: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT SAVINO: 10 Announce the results. 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT SAVINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 787, by Member of the Assembly Clark, Assembly 16 Print Number 3233B, an act to amend the 17 Executive Law. 18 ACTING PRESIDENT SAVINO: Read 19 the last section. 20 SENATOR LIBOUS: Lay it aside. 21 ACTING PRESIDENT SAVINO: The 22 bill is laid aside. 23 THE SECRETARY: Calendar Number 24 805, by Senator Addabbo, Senate Print -- 25 SENATOR LIBOUS: Lay it aside.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 883, by Senator Savino, Senate Print 7899, an 5 act to amend the Retirement and Social 6 Security Law. 7 ACTING PRESIDENT SAVINO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SAVINO: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT SAVINO: 15 Announce the results. 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT SAVINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 884, by Senator Savino, Senate Print 7956, an 21 act to amend the Civil Service Law. 22 ACTING PRESIDENT SAVINO: Read 23 the last section. 24 SENATOR LIBOUS: Lay it aside. 25 ACTING PRESIDENT SAVINO: The

Candyco Transcription Service, Inc. 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 896, by Senator Stavisky, Senate Print 1550A, 4 an act to amend the Education Law. 5 ACTING PRESIDENT SAVINO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SAVINO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT SAVINO: 13 Announce the results. 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT SAVINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 898, by Senator Oppenheimer, Senate Print 19 4134B, an act to authorize the lease of lands. 20 ACTING PRESIDENT SAVINO: Read 21 the last section. 22 THE SECRETARY: Section 22. This 23 act shall take effect immediately. 24 ACTING PRESIDENT SAVINO: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT SAVINO: 3 Announce the results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT SAVINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 904, by Member of the Assembly Glick, Assembly 9 Print Number 10123, an act to amend Chapter 10 537 of the Laws of 2008. 11 ACTING PRESIDENT SAVINO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SAVINO: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT SAVINO: 19 Announce the results. 20 THE SECRETARY: Ayes, 59. Nays, 21 2. Senators Fuschillo and LaValle recorded in 22 the negative. 23 ACTING PRESIDENT SAVINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 919, by Senator C. Johnson, Senate Print 7653, 2 an act to amend the Real Property Tax Law. 3 ACTING PRESIDENT SAVINO: Read 4 the last section. 5 THE SECRETARY: Section 12. This 6 act shall take effect January 1, 2011. 7 ACTING PRESIDENT SAVINO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT SAVINO: 11 Announce the results. 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT SAVINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 953, by Senator Oppenheimer, Senate Print 17 7655, an act to amend the Agriculture and 18 Markets Law. 19 ACTING PRESIDENT SAVINO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect April 1, 2011. 23 ACTING PRESIDENT SAVINO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: 2 Announce the results. 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT SAVINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1031, by Senator Serrano, Senate Print 8011A, 8 an act to amend the Parks, Recreation and 9 Historic Preservation Law. 10 ACTING PRESIDENT SAVINO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT SAVINO: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT SAVINO: Senator 18 Young, to explain her vote. 19 SENATOR YOUNG: Thank you, Madam 20 President. 21 This bill strictly applies to 22 Allegany State Park in Cattaraugus County in 23 my district. It sets the terms, requirements 24 and enforcement of subsurface access permits 25 for oil and gas drilling within the park. It

Candyco Transcription Service, Inc. 1 would be regulated by our New York State 2 Office of Parks and the Department of 3 Environmental Conservation. 4 And the need for this bill is 5 because a large company, US Energy, claims 6 that it leases the subsurface mineral rights 7 to drill 3,000 acres within the park, but 8 US Energy has not been able to show that they 9 have clear title to those rights. 10 And Allegany State Park is a jewel 11 in New York State. It's our largest state 12 park. It's just a wonderful place to go. And 13 I would urge all of my colleagues, if you ever 14 want to drive way out west, come out and camp. 15 They actually have cabins that are retrofitted 16 so you don't have to bring a thing with you, 17 not even a sleeping bag. 18 But I would urge all of my 19 colleagues to vote in favor of this bill. 20 Thank you. 21 ACTING PRESIDENT SAVINO: Senator 22 Young will be recorded in the affirmative. 23 Announce the results. 24 THE SECRETARY: Ayes, 59. Nays, 25 2. Senators Flanagan and Lanza recorded in

Candyco Transcription Service, Inc. 1 the negative. 2 ACTING PRESIDENT SAVINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1099, by Member of the Assembly Schimminger, 6 Assembly Print Number -- 7 SENATOR LIBOUS: Lay it aside. 8 ACTING PRESIDENT SAVINO: The 9 bill is laid aside. 10 THE SECRETARY: Calendar Number 11 1115, by Member of the Assembly Silver -- 12 SENATOR LIBOUS: Lay it aside. 13 ACTING PRESIDENT SAVINO: The 14 bill is laid aside. 15 THE SECRETARY: Calendar Number 16 1120, by Senator Klein, Senate Print 8171, an 17 act to amend the Public Health Law. 18 SENATOR LIBOUS: Lay it aside. 19 ACTING PRESIDENT SAVINO: The 20 bill is laid aside. 21 Senator Klein, that completes the 22 reading of the noncontroversial supplemental 23 active list. 24 SENATOR KLEIN: Madam President, 25 at this time can we please go to a reading of

Candyco Transcription Service, Inc. 1 the controversial supplemental active list. 2 ACTING PRESIDENT SAVINO: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 199, by Member of the Assembly Spano, Assembly 6 Print Number 8182, an act to amend the Racing, 7 Parimutuel Wagering and Breeding Law. 8 ACTING PRESIDENT SAVINO: Are 9 there any Senators wishing to be heard? 10 SENATOR MARCELLINO: Explanation, 11 please. 12 ACTING PRESIDENT SAVINO: Senator 13 Adams, an explanation has been requested. 14 SENATOR ADAMS: Who asked for an 15 explanation? Who was that? Oh. 16 This is a departmental bill, and 17 it's at the request of the New York State 18 Racing and Wagering Board. This bill would 19 empower the Racing and Wagering Board to 20 impose fines on off-track betting corporations 21 and other persons or corporations 22 participating in off-track betting. 23 Under the current statutory 24 framework, the only recourse that the board 25 has when OTB violates a statute is to suspend

Candyco Transcription Service, Inc. 1 the OTB's plan of operation, something that is 2 untenable. It would have an adverse affect 3 across the board and on the entire racing 4 industry. 5 This proposal will remedy an 6 adverse court determination that sustained a 7 challenge to a fine on the basis that the 8 board did not have the statutory power to fine 9 OTB corporations for other than Article 10, 10 which are simulcasting violations. 11 The maximum fine will be $50,000 12 for each violation, to be paid into the State 13 Treasury. 14 ACTING PRESIDENT SAVINO: Are 15 there any other Senators wishing to be heard? 16 Seeing none, debate is closed. The 17 Secretary will ring the bells. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT SAVINO: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT SAVINO: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 199 are 3 Senators Alesi, Bonacic, DeFrancisco, Farley, 4 Flanagan, Fuschillo, Golden, Griffo, Hannon, 5 O. Johnson, Lanza, Larkin, LaValle, Leibell, 6 Libous, Little, Marcellino, Maziarz, McDonald, 7 Nozzolio, Padavan, Ranzenhofer, Robach, 8 Saland, Seward, Skelos, Volker, Winner and 9 Young. 10 Absent from voting: Senator 11 Bonacic. 12 Ayes, 32. Nays, 29. 13 ACTING PRESIDENT SAVINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 787, by Member of the Assembly Clark, Assembly 17 Print Number 3233B, an act to amend the 18 Executive Law. 19 ACTING PRESIDENT SAVINO: Are 20 there any Senators wishing to be heard on the 21 bill? 22 Seeing none, debate is closed. The 23 Secretary will ring the bells. 24 ACTING PRESIDENT VALESKY: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 4. This 2 act shall take effect April 1, 2011. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT VALESKY: 7 Announce the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 787 are 10 Senators Alesi, Bonacic, DeFrancisco, Farley, 11 Flanagan, Fuschillo, Golden, Griffo, Hannon, 12 O. Johnson, Lanza, Larkin, LaValle, Leibell, 13 Libous, Little, Marcellino, Maziarz, McDonald, 14 Nozzolio, Padavan, Ranzenhofer, Robach, 15 Saland, Seward, Skelos, Volker, Winner and 16 Young. 17 Absent from voting: Senator 18 Bonacic. 19 Ayes, 32. Nays, 29. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 805, by Senator Addabbo, Senate Print 3251B, 24 an act to amend the Election Law. 25 ACTING PRESIDENT VALESKY: Seeing

Candyco Transcription Service, Inc. 1 no Senators who wish to be heard, debate is 2 closed. 3 The Secretary will ring the bells. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 805 are 12 Senators Alesi, Bonacic, DeFrancisco, Farley, 13 Flanagan, Fuschillo, Golden, Griffo, Hannon, 14 O. Johnson, Lanza, Larkin, LaValle, Leibell, 15 Libous, Little, Marcellino, Maziarz, McDonald, 16 Nozzolio, Padavan, Ranzenhofer, Robach, 17 Saland, Seward, Skelos, Volker, Winner and 18 Young. 19 Absent from voting: Senator 20 Bonacic. 21 Ayes, 32. Nays, 29. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 884, by Senator Savino, Senate Print 7956, an

Candyco Transcription Service, Inc. 1 act to amend the Civil Service Law. 2 ACTING PRESIDENT VALESKY: Are 3 there any Senators who wish to be heard? 4 Senator Saland. 5 SENATOR SALAND: Just one 6 question, if the sponsor would yield, please. 7 ACTING PRESIDENT VALESKY: 8 Senator Savino, do you yield for a question 9 from Senator Saland? 10 SENATOR SAVINO: Certainly, 11 Mr. President. 12 ACTING PRESIDENT VALESKY: The 13 sponsor yields. 14 SENATOR SALAND: Senator Savino, 15 has this been requested by either the school 16 boards or the school superintendents? 17 SENATOR SAVINO: Through you, 18 Mr. President, this bill actually was a 19 request from the School Boards Association to 20 direct the Civil Service Department to develop 21 an exam for the position of Director of 22 Facilities I, II and III. 23 SENATOR SALAND: Thank you. 24 SENATOR SAVINO: Thank you. 25 ACTING PRESIDENT VALESKY: Are

Candyco Transcription Service, Inc. 1 there any other Senators who wish to be heard? 2 Seeing none, the debate is closed. 3 The Secretary will ring the bells 4 and read the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT VALESKY: 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 884 are 14 Senators Bonacic, DeFrancisco, Fuschillo, 15 O. Johnson, Nozzolio, Ranzenhofer, Saland, 16 Skelos and Volker. Also Senator Leibell. 17 Also Senator Hannon. 18 Ayes, 50. Nays, 11. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1099, by Member of the Assembly Schimminger, 23 Assembly Print Number 10857A, an act to amend 24 the Alcoholic Beverage Control Law. 25 ACTING PRESIDENT VALESKY: Are

Candyco Transcription Service, Inc. 1 there any Senators who wish to be heard? 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, I 4 ask that we open the roll for two bills on the 5 controversial calendar, Calendar Number 1099 6 and Calendar Number 1115, for Senator Padavan. 7 ACTING PRESIDENT VALESKY: On 8 Calendar Number 1099, read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT VALESKY: 15 Senator Padavan, how do you vote? 16 SENATOR PADAVAN: On 1099, I vote 17 aye. 18 ACTING PRESIDENT VALESKY: 19 Senator Padavan to be recorded in the 20 affirmative. 21 The roll call is withdrawn, and the 22 bill is laid aside. 23 The Secretary will read Calendar 24 Number 1115. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1115, by Member of the Assembly Silver, 2 Assembly Print Number 10918, an act to amend 3 the Banking Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT VALESKY: 12 Senator Padavan, how do you vote? 13 SENATOR PADAVAN: I vote aye. 14 ACTING PRESIDENT VALESKY: 15 Senator Padavan to be recorded in the 16 affirmative. 17 The roll call is withdrawn, and the 18 bill is laid aside. 19 The Secretary will return to 20 Calendar Number 1099, controversial. 21 THE SECRETARY: Calendar Number 22 1099, by Member of the Assembly Schimminger, 23 Assembly Print Number 10857A, an act to amend 24 the Alcoholic Beverage Control Law. 25 ACTING PRESIDENT SAVINO: Are

Candyco Transcription Service, Inc. 1 there any Senators wishing to be heard? 2 Senator Golden. 3 SENATOR GOLDEN: Madam President, 4 will the sponsor yield for a question? 5 ACTING PRESIDENT SAVINO: Senator 6 Squadron? 7 SENATOR SQUADRON: I'll be happy 8 to yield, Madam President. 9 ACTING PRESIDENT SAVINO: Senator 10 Squadron will be happy to yield, Senator 11 Golden. 12 SENATOR GOLDEN: Can we get an 13 explanation of the bill first? 14 ACTING PRESIDENT SAVINO: Senator 15 Squadron, an explanation has been requested by 16 Senator Golden. 17 SENATOR SQUADRON: Absolutely. 18 This bill is a departmental put 19 forward by the State Liquor Authority. And 20 what it does is it makes it a whole lot easier 21 to define some things that are currently in 22 the Alcoholic Beverage Control Law, 23 particularly when an establishment has become 24 a focal point of police activity or has become 25 a focal point for noise, disturbance,

Candyco Transcription Service, Inc. 1 misconduct or other disorders. 2 Currently it's a very difficult 3 standard. It's unclear exactly what it means. 4 And in some cases it's been very, very 5 difficult to pursue the specific focal points, 6 the places that really do have problems, and 7 leave the others aside. 8 What this bill would do is it would 9 be very clear that if you have six police 10 complaints within a 60-day period that are 11 received by the local police force and 12 forwarded to the State Liquor Authority, that 13 would give the State Liquor Authority cause to 14 pursue revocation of the license. 15 Any fraudulent complaints wouldn't 16 count. Any complaints that were inaccurate or 17 had errors wouldn't count. It would be a 18 clear standards that the sorts of complaints 19 that the police department feels are worth 20 forwarding to the Liquor Authority would then 21 give the Liquor Authority the right and the 22 ability to pursue a revocation. 23 Right now, in fact, the incentive 24 is too often, if you have some problematic 25 patrons, is to push them out onto the sidewalk

Candyco Transcription Service, Inc. 1 a couple of feet from your storefront, because 2 it's very, very hard to then connect that to 3 the knowledge of the licensee or someone with 4 managerial authority. And that's bad for 5 communities, it's bad for the Liquor 6 Authority, it's bad for the good bar and 7 restaurant providers who are trying to do 8 things the right way. 9 This clear standard is an important 10 part of giving the State Liquor Authority the 11 ability it needs to separate the good 12 operators from the bad ones. 13 ACTING PRESIDENT SAVINO: Senator 14 Golden, would you like Senator Squadron to 15 yield? 16 SENATOR GOLDEN: Yes, Madam 17 President, if he would, please. 18 ACTING PRESIDENT SAVINO: Senator 19 Squadron? 20 SENATOR SQUADRON: Yes, Madam 21 President. 22 SENATOR GOLDEN: Senator -- 23 through you, Madam President -- who would 24 determine what was fraudulent, what's not 25 fraudulent in a complaint?

Candyco Transcription Service, Inc. 1 SENATOR SQUADRON: Well, the bill 2 defines clear and compelling evidence of 3 fraudulent intent on the part of the 4 complainant. Presumably the police 5 department -- well, certainly the police 6 department has the authority to make that 7 assessment, since they are the ones who are 8 forwarding the complaints to the Liquor 9 Authority. They're under no obligation -- 10 except in very rare cases, very, very serious 11 crimes, are they under any obligation to 12 forward the complaint to the Liquor Authority. 13 So the first answer to your 14 question is the police department. The second 15 answer is the Liquor Authority would have the 16 ability to make the determination. And the 17 third is that the establishment would have 18 that as a potential defense in the event that 19 they did end up in a revocation proceeding. 20 SENATOR GOLDEN: Thank you. 21 Through you, Madam President, if 22 the sponsor will continue to yield. 23 ACTING PRESIDENT SAVINO: Senator 24 Squadron, do you continue to yield? 25 SENATOR SQUADRON: Yes.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Squadron yields. 3 SENATOR GOLDEN: In a community 4 board situation when the police department are 5 brought in and they do their quarterly or 6 monthly assessments at the community boards 7 and the question's asked that they responded 8 to one of the local taverns and they've 9 responded to, say, one tavern 15 times, that 10 would not be considered a -- one of those 11 exceeding the number six, there would have to 12 actually be a complaint made that there was a 13 noise complaint or a fight at that location? 14 SENATOR SQUADRON: Through you, 15 Madam President, I'm having a little trouble 16 understanding the question. 17 Fifteen calls -- again, these are 18 complaints sent by the police department to 19 the Liquor Authority. So if the police 20 department has 15 complaints to send to the 21 Liquor Authority within that 60-day period, 22 that seems to me to be significantly more than 23 six. 24 SENATOR GOLDEN: Madam President, 25 if the sponsor would yield for another

Candyco Transcription Service, Inc. 1 question. 2 ACTING PRESIDENT SAVINO: Senator 3 Squadron, will you continue to yield? 4 SENATOR SQUADRON: Absolutely. 5 And just to clarify on the previous 6 question, it's the sixth incident reported to 7 the Authority, is the language in the law. 8 I will yield to another question. 9 ACTING PRESIDENT SAVINO: Senator 10 Squadron yields. 11 SENATOR GOLDEN: And who would do 12 the reporting? The complainant in the 13 situation, such as a noise complaint, the 14 police department responds, he gets to the 15 location, they don't have the -- what do you 16 call it, the decibel machine to study how loud 17 the premises -- who makes the determination on 18 noise? Do they actually need the decibel 19 reader to be able to make that determination? 20 SENATOR SQUADRON: Through you, 21 Madam President. On the very narrow question 22 of noise, as I'm sure Senator Golden knows, 23 within the City of New York there are pretty 24 specific requirements in terms of when you 25 have a noise complaint having to do with our

Candyco Transcription Service, Inc. 1 local environmental protection agency. 2 So I'm sure in the case of the City 3 of New York, on the narrow question of noise, 4 that would continue to hold and be unaffected 5 by this bill. 6 As I said before, the reporting 7 authority is not the complainant, it's the 8 local law enforcement agency would do the 9 reporting to the Liquor Authority. And they 10 would do it -- and again, in the bill here, in 11 Line 6, if you're following along with me, the 12 sixth incident reported to the Authority by a 13 law enforcement agency of noise or disturbance 14 or misconduct or disorder on or about the 15 licensed premises or related to the operation 16 of the premises or the conduct of its patrons. 17 So in terms of sort of the broader 18 question that I think Senator Golden may be 19 getting at, I don't think a noise meter would 20 be required for that broader definition. 21 SENATOR GOLDEN: Okay. Thank 22 you, Madam President. On the bill. 23 ACTING PRESIDENT SAVINO: Senator 24 Golden, on the bill. 25 SENATOR GOLDEN: I believe this

Candyco Transcription Service, Inc. 1 commissioner is doing an outstanding job in 2 trying to clear the backlog in the SLA and 3 trying to move the process, and I think he's 4 done a significant job at doing that. And I 5 think he has been a good commissioner. 6 I just think that six complaints in 7 60 days I think is just unreasonable in 8 certain neighborhoods where you have a series 9 of locations on a given block or in Manhattan 10 in a given row. The reason we put the laws 11 in, the 250 feet, the 300-feet rule, is 12 because of the number of bars that exist 13 within a community. And with two or three or 14 four on a block, they cause significant 15 problems. 16 I believe that this is giving too 17 much power to the State Liquor Authority. And 18 I believe even though this individual that we 19 have today, the commissioner, is doing a great 20 job, I don't know what the commissioner that 21 will follow him will be doing and how good and 22 effective that individual will be. 23 So I will be voting no on this 24 bill. 25 ACTING PRESIDENT SAVINO: Senator

Candyco Transcription Service, Inc. 1 Golden will be recorded in the negative. 2 Senator Robach. 3 SENATOR ROBACH: I had one quick 4 question, because this is really going to 5 predicate my entire vote, I'll let you know up 6 front. I'm not sure I got, from the questions 7 back and forth, if I got the answer I'm 8 looking for. 9 Would these six complaints -- I 10 heard you use different words. Would this be 11 founded complaints by some process or would 12 this just be on the complaints and someone 13 would be presumed guilty just by the six 14 complaints, or in violation? 15 Because, you know, and I'll tell 16 you my concern, you know, this happens all the 17 time. There are, you know, places where 18 people move into a neighborhood, get a 19 reasonably good deal on a property or whatnot, 20 and then act like the facility or the place 21 that may play music even legally in the time 22 frame -- and their city permit in the City of 23 Rochester entertainment district, that then 24 say, you know, "We don't like the music." 25 They may call every day of the week. That

Candyco Transcription Service, Inc. 1 would give, if one person did that, that would 2 be six complaints. 3 Now, if those complaints are 4 founded and someone is in violation, they 5 should accept the penalty. But if it's only 6 predicated on complaints, then I think I have 7 to vote no. Because that would almost be an 8 incentive for even another competitor or 9 businessperson to make the complaint if they 10 knew that was the environment. 11 So it's very, very important to me 12 that I clearly understand, before I vote, if 13 this is based on complaints or on some finding 14 and some process that someone is in violation 15 of some portion of the liquor law or other 16 very important code violations. 17 SENATOR SQUADRON: I'd be happy 18 to yield for a question, Madam President. 19 ACTING PRESIDENT SAVINO: Thank 20 you, Senator Squadron. 21 SENATOR SQUADRON: In response to 22 Senator Robach, it's actually not a complaint 23 at all that is the governing principle. It is 24 upon the sixth incident reported to the 25 Authority by a law enforcement agency. So it

Candyco Transcription Service, Inc. 1 is an incident report from the local law 2 enforcement agency to the Liquor Authority. 3 SENATOR ROBACH: Okay. So there 4 is no -- when you say "incident," that means 5 there's no part of that process, there's no 6 dialogue of yes, this is what was purported, 7 but this isn't what -- there's no 8 give-and-take portion or defense time for that 9 business. 10 SENATOR SQUADRON: Through you, 11 Madam President. The law enforcement agency 12 is under no obligation to report a call or an 13 issue to the Liquor Authority. 14 The law enforcement -- this does 15 empower law enforcement, which I know that I 16 have colleagues who are significant supporters 17 of law enforcement. This empowers law 18 enforcement to make the determination that an 19 incident, an incident report is worth 20 forwarding to the Liquor Authority. 21 The number of incidents, by the 22 way, the types of incidents that they're 23 required to send to the Liquor Authority 24 are -- it's a relatively small list: 25 Gambling, illicit drugs, prostitution. And

Candyco Transcription Service, Inc. 1 violent crimes, weapons possession. So not 2 issues of nuisance or quality of life. 3 Among those, it is -- I'm going to 4 be very clear on this -- we are empowering the 5 local law enforcement agency to forward an 6 incident report, and this would be the sixth 7 within 60 days, to the Liquor Authority if the 8 law enforcement agency believes that this 9 establishment is a focal point of police 10 activity and is significantly disturbing to 11 the peace and doing other significant illegal 12 activity or activity outside of the ABC Law. 13 SENATOR ROBACH: Okay. Thank 14 you, Senator Squadron. 15 ACTING PRESIDENT SAVINO: Senator 16 Saland. 17 SENATOR SALAND: Thank you. 18 Would Senator Squadron yield? 19 ACTING PRESIDENT SAVINO: Senator 20 Squadron, will you yield? 21 SENATOR SQUADRON: I'd be happy 22 to. 23 ACTING PRESIDENT SAVINO: Senator 24 Squadron yields. 25 SENATOR SALAND: Through you,

Candyco Transcription Service, Inc. 1 Madam President. Senator Squadron, as you 2 were speaking I believe you said the 3 following. Please correct me if I'm wrong. 4 You said under this particular proposal it 5 would be easier to define a whole lot of 6 activities that are currently difficult to 7 define. Is that correct? 8 SENATOR SQUADRON: I'm sorry, 9 would Senator Saland mind repeating the 10 question? 11 ACTING PRESIDENT SAVINO: Senator 12 Saland, could you please repeat the question. 13 SENATOR SALAND: Certainly. I 14 believe when you were asked to explain the 15 bill you said that under this particular bill 16 it would be easier to define a whole lot of 17 activities which are currently difficult to 18 define. Is that correct? 19 SENATOR SQUADRON: Through you, 20 Madam President, I may have said that. And if 21 I did, I misspoke. 22 It would be easier to define 23 whether an establishment is a focal point of 24 police activity that engages in -- that leads 25 to these negative effects on the community and

Candyco Transcription Service, Inc. 1 potentially engages in illegal activity. 2 SENATOR SALAND: If the Senator 3 will continue to yield. 4 ACTING PRESIDENT SAVINO: Senator 5 Squadron, do you continue to yield? 6 SENATOR SQUADRON: I'd be happy 7 to. 8 ACTING PRESIDENT SAVINO: Senator 9 Squadron yields. 10 SENATOR SALAND: Senator, I also 11 believe that you said any fraudulent 12 complaints or inaccurate complaints wouldn't 13 count. Am I correct? 14 SENATOR SQUADRON: I believe I 15 did say that, Madam President. 16 SENATOR SALAND: And if the 17 Senator will continue to yield. 18 ACTING PRESIDENT SAVINO: Senator 19 Squadron, do you continue to yield? 20 SENATOR SQUADRON: Yes. 21 SENATOR SALAND: And here I'm a 22 little fuzzy, so please help me. 23 I believe initially you said, in 24 response to a question by Senator Golden, that 25 the police department would determine, in

Candyco Transcription Service, Inc. 1 essence, the complaint. And then you went on 2 to say the Liquor Authority, and then you 3 named a third category. And I'm not quite 4 sure what that third category was. Could you 5 tell me? 6 SENATOR SQUADRON: Through you, 7 Madam President. The police department, as 8 I've said, in the vast majority of sorts of 9 incidents where there would be any question 10 can choose whether to forward the complaint to 11 the Liquor Authority. The Liquor Authority 12 then is able to, they're not required, to 13 bring a revocation proceeding. 14 And then I believe my best 15 recollection was that the third category was 16 the one that Senator Saland asked about 17 previously, the fraudulent standard and the 18 inaccurate standard. 19 SENATOR SALAND: If the Senator 20 would continue to yield. 21 ACTING PRESIDENT SAVINO: Senator 22 Squadron, do you continue to yield? 23 SENATOR SQUADRON: Yes. 24 ACTING PRESIDENT SAVINO: Senator 25 Squadron yields.

Candyco Transcription Service, Inc. 1 SENATOR SALAND: Could you tell 2 us the standard of evidence that might be used 3 or would be used in making the determination 4 as to whether in fact the complaints warranted 5 proceeding? 6 SENATOR SQUADRON: Through you, 7 Madam President, the standard by which the 8 Liquor Authority -- to clarify, the standard 9 by which the Liquor Authority would pursue a 10 revocation proceeding against an 11 establishment? Is that the standard that 12 Senator Saland is asking about? 13 SENATOR SALAND: Through you, 14 Madam President. I will ask you by what 15 standard would the police determine whether or 16 not to pursue the complaint or forward the 17 complaint to the SLA. 18 And, secondly, were the complaints 19 forwarded and six of them to be received 20 within this 60-day period, what would be the 21 means by which or the standard of evidence 22 that the SLA would use to determine whether or 23 not in fact there was cause? 24 SENATOR SQUADRON: To that single 25 two-part question -- and just a correction,

Candyco Transcription Service, Inc. 1 it's not complaint -- and I know I did use 2 that phrase, I just want to clarify -- it's 3 incident. And there's a significant 4 difference, as I appreciate some of my 5 colleagues have helped us tease out today. 6 The standard by which the police or 7 law enforcement, local or otherwise, would 8 send an incident to the Liquor Authority would 9 be, as I said, at their discretion. Except 10 for, again, a small and highly significant 11 list of very serious crimes. So I guess that 12 standard would be one of law enforcement 13 discretion. 14 And the standard by which the 15 Liquor Authority would decide whether or not 16 to bring a revocation proceeding would be 17 exactly as it is today. As you may know, this 18 is a new subdivision 4 in Section 118 of the 19 Alcoholic Beverage Control Law, which is 20 revocation of license for cause. So the 21 existing standard. 22 SENATOR SALAND: And that's here. 23 And please correct me if I'm wrong. And if 24 Senator will continue to yield. 25 ACTING PRESIDENT SAVINO: Senator

Candyco Transcription Service, Inc. 1 Squadron? 2 SENATOR SQUADRON: Yes. 3 SENATOR SALAND: Would that be, 4 in effect, a mere preponderance of the 5 credible evidence? I believe it would be, 6 but, you know, I'm . . . 7 SENATOR SQUADRON: Through you, 8 Madam President, I think I'm going to have to 9 defer to Senator Saland on this one again. I 10 just want to clarify we're talking about 11 existing law and the existing standard, we're 12 not talking about a changed standard. 13 SENATOR SALAND: Correct. I 14 realize -- 15 SENATOR SQUADRON: And it sounds 16 to me like Senator Saland is familiar with the 17 current standard, and so I'll stipulate that 18 he is. 19 SENATOR SALAND: So as I look at 20 this new subsection 4, which parallels the 21 language in the existing subsection 3 which 22 defines "cause," it says that there are a host 23 of things -- sustain a continuing pattern of 24 noise, disturbance, misconduct, disorder on or 25 about the licensed premises.

Candyco Transcription Service, Inc. 1 Some of these things are not 2 readily defined and really I have to believe 3 would amount to judgment calls on the part of 4 the police officer, would they not? 5 SENATOR SQUADRON: Through you, 6 Madam President. I believe subsection 3 7 actually references the powers and the 8 decisions of the State Liquor Authority, not 9 of the law enforcement. And in terms of that 10 judgment, that's one that's long established. 11 There's enormous case law about this law 12 that -- this bill that we're discussing today 13 is largely based on clarifying or correcting 14 where some of that case law has led. 15 SENATOR SALAND: Thank you, 16 Senator. 17 If the Senator would continue to 18 yield. 19 ACTING PRESIDENT SAVINO: Senator 20 Squadron, do you continue to yield? 21 SENATOR SQUADRON: Yes. 22 SENATOR SALAND: I do understand 23 that part of it. But what you said was that 24 the police were going to be part of 25 determining what comes through the truth

Candyco Transcription Service, Inc. 1 filter, what is it that actually gets to the 2 SLA. 3 And my question, then, is as the 4 police attempt to determine these different 5 classifications -- sustain a continued pattern 6 of noise, disturbance, misconduct, or 7 disorder -- there are going to be judgments 8 that the police are going to have to make that 9 aren't necessarily laid out hard and cold in a 10 very easy pattern to follow. Is that correct? 11 SENATOR SQUADRON: Just to 12 clarify it, I believe Senator Saland is now 13 talking about the role of law enforcement in 14 forwarding an incident report to the Liquor 15 Authority in the proposed subsection 4 that 16 we're discussing. 17 SENATOR SALAND: Correct. Your 18 bill says that it will be presumed, upon the 19 sixth incidence reported to the Authority by a 20 law enforcement agency. And that's what I'm 21 focusing on. 22 SENATOR SQUADRON: Right. And 23 yes, I believe the law enforcement agency is 24 given here some guidance on what sorts of 25 incidents to forward to the Liquor Authority.

Candyco Transcription Service, Inc. 1 SENATOR SALAND: If the Senator 2 will continue to yield. 3 ACTING PRESIDENT SAVINO: Senator 4 Squadron, will you continue to yield? 5 SENATOR SQUADRON: Yes. 6 ACTING PRESIDENT SAVINO: The 7 Senator yields. 8 SENATOR SALAND: You go on to 9 say, in the last few lines of your bill, that 10 "absent clear and convincing evidence of 11 either fraudulent intent on the part of any 12 complainant or a factual error relied upon by 13 the Authority." 14 Clear and convincing evidence is 15 certainly a standard that's higher than a mere 16 preponderance of the evidence. And while it 17 is a higher standard, certainly when you have 18 a he said/she said situation, probably in each 19 and every instance it's going to be extremely 20 difficult to establish clear and convincing 21 evidence. 22 And if, for example, with regard 23 particularly to the question of fact, if you 24 have an individual who allegedly was guilty of 25 being disorderly or engaging in misconduct and

Candyco Transcription Service, Inc. 1 he maintains, "No, I wasn't there, I was at my 2 apartment," and he is alleged to have in fact 3 been a perpetrator of something that occurred 4 that caused the misconduct, he has to prove it 5 by clear and convincing evidence. 6 So if he says "I was in my 7 apartment and I was there all night," and he 8 doesn't have somebody in his apartment to 9 document that he was there, then it's not 10 clear and convincing evidence and the 11 establishment winds up having to suffer 12 because of that clear and convincing evidence 13 standard. 14 Would it not be fairer to merely 15 stick with the mere preponderance level? 16 Because effectively, you've raised the bar and 17 made it extremely difficult for an 18 establishment, particularly when third parties 19 are responsible for the complaint, to defend 20 themselves. 21 SENATOR SQUADRON: I understand 22 Senator Saland's concern, but I actually -- I 23 would take the conclusion to a different 24 place. The clear and compelling evidence of 25 fraudulent intent relates simply to whether

Candyco Transcription Service, Inc. 1 each or any of these six incidents that are 2 forwarded along by law enforcement within a 3 60-day period are able to be used in a 4 calculation of cause. 5 Which then takes us back to the 6 existing subsection 3. Which, as you know, 7 has under current law and would continue to 8 have, if this bill becomes law, a standard of, 9 you know, include the existence of a 10 sustained, continued pattern of noise, 11 disturbance, misconduct, disorder on or about 12 the licensed premises. 13 So the standard by which any one of 14 the six incidents is invalidated in terms of 15 crossing the threshold to start considering 16 whether or not to bring a proceeding, as you 17 would under current law, is a little bit 18 higher. 19 I don't believe that that actually 20 makes the establishment -- the standard of 21 defense for an establishment higher than it is 22 today. It does mean that there's a higher 23 standard to throw any of these six out once 24 law enforcement has chosen to forward them 25 along to the Liquor Authority.

Candyco Transcription Service, Inc. 1 SENATOR SALAND: Thank you, 2 Senator Squadron. 3 On the bill, Madam President. 4 ACTING PRESIDENT SAVINO: Senator 5 Saland, on the bill. 6 SENATOR SALAND: Madam President, 7 notwithstanding Senator Squadron's comments 8 with regard to the clear and convincing 9 standard with the defense, clearly, by the 10 rules of construction, clear and convincing 11 precedes both the fraudulent intent section 12 and the factual error section, separated by an 13 "or." 14 If in fact the factual error is 15 merely one of a mere preponderance of the 16 evidence, then it should be placed -- and I 17 hate to be too lawyerlike -- before the use of 18 the clear and convincing standard. 19 This really puts a number of 20 licensees at risk for events that may well be 21 beyond their control. It does set up the 22 opportunity, almost like a spite fence 23 situation, where someone can make repeated 24 phone calls alleging some type of misconduct. 25 To the extent that the law enforcement

Candyco Transcription Service, Inc. 1 authority chooses to report them, they 2 certainly are doing what they're lawfully 3 obligated to do. 4 But then to make it difficult for 5 the entity to defend themselves through the 6 use of this clear and convincing standard is, 7 I think, a bit over the top and very 8 burdensome and could wind up with any number 9 of licensees being punished due to their 10 inability to establish that higher evidentiary 11 standard. 12 I would suggest that the bill 13 certainly is well intended and certainly 14 should be in some form -- but not necessarily 15 this form -- used as a tool to deal with those 16 hot spots that do cause problems in 17 communities. But I think this bill needs a 18 bit more work, notwithstanding the fact that 19 it's at the request of the State Liquor 20 Authority. And I would certainly intend to be 21 voting in the negative, Madam President. 22 ACTING PRESIDENT SAVINO: Senator 23 Saland will be recorded in the negative. 24 Senator Lanza. 25 SENATOR LANZA: Thank you, Madam

Candyco Transcription Service, Inc. 1 President. Would Senator Squadron yield for a 2 few questions. 3 ACTING PRESIDENT SAVINO: Senator 4 Squadron, will you yield? 5 SENATOR SQUADRON: I'd be happy 6 to, Madam President, to Senator Lanza. 7 SENATOR LANZA: Thank you, 8 Senator Squadron. Through you, Madam 9 President. 10 Senator Squadron, the licensed 11 premises under this legislation would include 12 restaurants, bars, catering halls, liquor 13 stores and the like; is that correct? 14 SENATOR SQUADRON: Senator Lanza, 15 I believe it's on-premises, but I can confirm 16 that for you. 17 SENATOR LANZA: Through you, 18 Madam President. 19 ACTING PRESIDENT SAVINO: Senator 20 Squadron, do you continue to yield? 21 SENATOR SQUADRON: Yes. 22 SENATOR LANZA: Well, for 23 instance, catering halls. That would be 24 on-premises, that would be included here -- 25 SENATOR SQUADRON: Yes.

Candyco Transcription Service, Inc. 1 SENATOR LANZA: -- in restaurants 2 and the like? 3 Senator Squadron, as has been said 4 here, we understand the intention here. And I 5 do believe that it's laudable. The question, 6 though, turns on the distinction between those 7 who are truly committing violations and 8 creating a public nuisance as opposed to 9 frivolous accusations. And you've said a 10 number of times that this is about incidents 11 and not complaints. 12 And my question is -- or my 13 understanding, I should say, is isn't every 14 incident borne by a complaint? For instance, 15 I know in New York City, if a complaint is 16 made by anyone about an establishment and the 17 police respond, whether or not they've made a 18 finding of fault or not, an incident report is 19 created. Isn't that the case? 20 SENATOR SQUADRON: Through you, 21 Madam President, yes. 22 SENATOR LANZA: Would Senator 23 Squadron continue to yield. 24 ACTING PRESIDENT SAVINO: Senator 25 Squadron, do you continue to yield?

Candyco Transcription Service, Inc. 1 SENATOR SQUADRON: Yes. 2 ACTING PRESIDENT SAVINO: Senator 3 Squadron yields. 4 SENATOR LANZA: And so as Senator 5 Saland discussed, the due process protections 6 that presently exist would perhaps fly out the 7 window here, because in the absence of this 8 being a finding -- let me present the question 9 this way. 10 If your intent is to target the 11 violators, why not stick with a finding 12 standard as opposed to an incident, which 13 really is nothing more than a complaint 14 standard? 15 SENATOR SQUADRON: First, just a 16 point of clarification. It is not an incident 17 standard. It is an incident reported by law 18 enforcement standard. 19 So I said yes, quite simply, to the 20 question about in what cases incident reports 21 are made up. We can't -- it would be a 22 mistake for us to then suggest that all 23 incident reports will get forwarded by law 24 enforcement to the Liquor Authority. 25 SENATOR LANZA: Would Senator

Candyco Transcription Service, Inc. 1 Squadron continue to yield. 2 ACTING PRESIDENT SAVINO: Senator 3 Squadron, do you continue to yield? 4 SENATOR SQUADRON: Yes. 5 ACTING PRESIDENT SAVINO: Senator 6 Squadron yields. 7 SENATOR LANZA: Senator Squadron, 8 there's nothing in this legislation that would 9 prevent law enforcement from forwarding every 10 single incident report that they receive; is 11 that correct? 12 SENATOR SQUADRON: Through you, 13 Madam President, that is correct. 14 But then, again, I would caution 15 Senator Lanza and my colleagues from, from 16 that fact, making the further leap that the 17 simple fact of incidents, six within 60 days 18 being forwarded to the State Liquor Authority, 19 would lead to a revocation proceeding. It 20 wouldn't. 21 In fact, the entire bill we're 22 discussing today does two things. It empowers 23 locale law enforcement, and it clearly defines 24 or more clearly defines the words "for cause" 25 in existing law.

Candyco Transcription Service, Inc. 1 SENATOR LANZA: Would Senator 2 Squadron continue to yield. 3 SENATOR SQUADRON: Yes. 4 ACTING PRESIDENT SAVINO: Senator 5 Squadron yields. 6 SENATOR LANZA: Thank you. 7 You know, the problem that we're 8 having here is let's suppose -- you know, and 9 everyone has different sensitivities. Some 10 people can tolerate more than others. For 11 some, just hearing people congregating near a 12 restaurant or the catering hall might be 13 enough to prompt a complaint. It might not be 14 fraudulent, it might not be maliciously 15 intended, it might just be that that person is 16 offended by people congregating and making 17 some noise. 18 Under those circumstances -- and 19 sometimes, as we know in communities, 20 sometimes people decide that they just don't 21 like the fact that there's a restaurant down 22 the block or a bar on the corner or a catering 23 hall near where they live. What's to prevent 24 someone from placing complaints, which then 25 lead to incident reports, and the police

Candyco Transcription Service, Inc. 1 department just wanting -- because these are 2 difficult situations in communities, and 3 leading to the police department, quite 4 frankly, just wanting to wash their hands of 5 the situation and decide to just forward every 6 single complaint that they have about an 7 establishment without establishing whether or 8 not there's a finding of fault or not to the 9 Liquor Authority to let them deal with it. 10 Under that circumstance, wouldn't 11 it then require the SLA to revoke the license? 12 SENATOR SQUADRON: Through you, 13 Madam President, no, it wouldn't. 14 I would also -- Senator Lanza did 15 ask as part of that, what would prevent that. 16 I mean, some of the steps along that way would 17 be prevented by the good judgment of local law 18 enforcement, among other things. 19 But to get to the conclusion where 20 Senator Lanza was, and to say again, no, the 21 Liquor Authority would not -- this is very 22 important, the Liquor Authority would not be 23 required -- I'll say it again, the Liquor 24 Authority would not be required to revoke a 25 license in the case that Senator Lanza

Candyco Transcription Service, Inc. 1 described in which we can't trust the good 2 judgment of local law enforcement. 3 In fact, if you look at existing 4 law, if you look at Section 118 of the 5 ABC Law, revocation of license for cause: 6 "Any license or permit issued pursuant to this 7 chapter may" -- I'm going to repeat that, 8 although it's only listed in the law once -- 9 "may be revoked, cancelled, suspended and/or 10 subjected to the imposition of a civil penalty 11 for cause, and must be revoked for the 12 following causes." 13 Now, the following causes are not 14 in the bill under discussion. They're very 15 serious issues, as we've talked about before. 16 Then I'm going to take you into 17 subsection 2 of Section 118: "Notwithstanding 18 the issuance of a license or permit by way of 19 renewal, the Liquor Authority may" -- again, 20 I'm going to repeat "may", though it's not in 21 the law -- "may revoke, cancel or suspend such 22 license or permit and/or may impose a civil 23 penalty against any holder of such license or 24 permit." 25 So that's a long way of saying no.

Candyco Transcription Service, Inc. 1 SENATOR LANZA: Would Senator 2 Squadron continue to yield. 3 ACTING PRESIDENT SAVINO: Senator 4 Squadron, do you continue to yield? 5 SENATOR SQUADRON: Yes. 6 SENATOR LANZA: Thank you, 7 Senator Squadron. 8 So you're saying that even if the 9 SLA were to receive six complaints, they could 10 choose to ignore them? 11 SENATOR SQUADRON: Sorry, can you 12 repeat that? 13 SENATOR LANZA: Even if the SLA 14 were to receive the requisite number of 15 complaints here, they could choose to ignore 16 those? 17 SENATOR SQUADRON: That's 18 correct. 19 SENATOR LANZA: Thank you, 20 Madam President. 21 ACTING PRESIDENT SAVINO: Senator 22 Alesi. 23 SENATOR ALESI: Thank you, 24 Madam President. Would Senator Squadron yield 25 for just a couple of questions?

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Squadron, will you yield to Senator Alesi? 3 SENATOR SQUADRON: Yes, I will, 4 thank you. 5 ACTING PRESIDENT SAVINO: Senator 6 Squadron yields. 7 SENATOR ALESI: Thank you, 8 Senator. 9 Through you, Madam President, were 10 you contacted directly by the SLA with this 11 request, or did you craft the legislation 12 yourself? 13 SENATOR SQUADRON: Through you, 14 Madam President, this is a departmental 15 pass-down by the SLA. And on which I worked 16 with them. 17 SENATOR ALESI: If you'll 18 continue to yield, then. 19 So working with them and through 20 them, answering their request to solve a 21 problem that persists primarily where? 22 SENATOR SQUADRON: Through you, 23 Madam President, I was quite pleased -- I work 24 with the SLA quite frequently, because in some 25 parts of my district I do have an absolute

Candyco Transcription Service, Inc. 1 profusion of bars and restaurants that create 2 an incredible burden for some of my 3 constituents -- and in fact, I would argue, 4 and many of the local businesses in my 5 district would too, also create an incredible 6 burden for those law-abiding establishments 7 that happen to find themselves in an 8 incredibly dense area with a justifiably, 9 incredibly frustrated set of residents. 10 And it's very, very hard sometimes 11 for the Liquor Authority, for local law 12 enforcement under current law to separate the 13 wheat from the chaff, as it were. 14 So in terms of my personal 15 experience, to answer your question, I would 16 say my district. 17 SENATOR ALESI: Thank you. With 18 regard to those law-abiding establishments 19 that you were talking about -- Madam 20 President, would the Senator continue to 21 yield? 22 SENATOR SQUADRON: Yes. 23 ACTING PRESIDENT SAVINO: The 24 Senator yields. 25 SENATOR ALESI: Senator, I am

Candyco Transcription Service, Inc. 1 assuming that maybe there's a string of 2 establishments around, let's say, a very 3 condensed neighborhood in more of a highly 4 populated, vertically populated, dense area. 5 But it could be anywhere. It could be any 6 place where there might be good operators and 7 bad operators, and that could apply in a rural 8 setting or an urban setting. 9 Would that be true? 10 SENATOR SQUADRON: Through you, 11 Madam President, this law would apply 12 statewide, yes. 13 SENATOR ALESI: Thank you. Would 14 the Senator continue to yield. 15 SENATOR SQUADRON: Yes. 16 ACTING PRESIDENT SAVINO: Senator 17 Squadron yields. 18 SENATOR ALESI: Thank you, 19 Senator. 20 So in a circumstance where you have 21 someone who complains because of a continuing 22 and persistent problem, either with the 23 operation of the business or the conduct of 24 the patrons, who would be most likely person 25 or group, in your opinion or in the SLA's

Candyco Transcription Service, Inc. 1 opinion, to call the police and complain? 2 SENATOR SQUADRON: Through you, 3 Madam President, I'm not entirely sure I 4 understand the question. I certainly can't 5 speak for the SLA. 6 In the case of an incident, I would 7 assume someone who is either a victim of the 8 incident or is witnessing the incident. 9 SENATOR ALESI: Thank you, 10 Senator. 11 Madam President, will the Senator 12 continue to yield? 13 ACTING PRESIDENT SAVINO: Senator 14 Squadron, do you continue to yield? 15 SENATOR SQUADRON: Yes. 16 ACTING PRESIDENT SAVINO: The 17 Senator yields. 18 SENATOR ALESI: So again, with 19 regard to operators that as you describe are 20 good operators, or those that are law-abiding 21 and conforming and all the rest of that, is it 22 conceivable to you or to the SLA that the one 23 calling the police might be one of those good 24 operators? 25 Because it has nothing to do with

Candyco Transcription Service, Inc. 1 the operation of the business and everything 2 to do with the conduct of its patrons, who 3 very well might have been drinking or partying 4 somewhere else as a weekly baseball team or a 5 biking group or some other group and have 6 gotten themselves into a rowdy situation and 7 systematically move on to another operation, 8 and the one calling the police for the help is 9 the actual owner of one of those good 10 operations that you're concerned about. 11 SENATOR SQUADRON: Through you, 12 Madam President. As the former owner of a 13 liquor license and an establishment, I am all 14 too familiar with the risks of competitors or 15 bad operators trying to do all sorts of bad 16 things to other establishments. So yes, that 17 is conceivable to me. 18 I would also say, though, that 19 under the ABC Law, proprietors are responsible 20 for the good conduct of those who they're 21 serving and who they have served, in fact. So 22 that's a standard that exists, again, under 23 current law and an entire section of the ABC 24 Law. 25 And then, again, I would point you

Candyco Transcription Service, Inc. 1 again to this nagging "fraudulent intent on 2 the part of the complainant" phrase in the 3 proposed bill. 4 SENATOR ALESI: Will the Senator 5 continue to yield. 6 ACTING PRESIDENT SAVINO: Senator 7 Squadron, do you continue to yield? 8 SENATOR SQUADRON: Yes. 9 ACTING PRESIDENT SAVINO: The 10 Senator yields. 11 SENATOR ALESI: Thank you, 12 Senator. You made the point that those 13 operators are responsible for the good conduct 14 of their patrons. And through you, Madam 15 President, Senator Squadron, wouldn't you 16 agree that part of that responsibility would 17 be to call the police if patrons were 18 misbehaving to a level that it was annoying or 19 unsafe not only to the premises and the 20 operation of the business but also to some of 21 the other patrons that are there that are not 22 misbehaving? 23 Wouldn't the act of the owner 24 himself or herself calling the police be one 25 of those responsible acts that they're

Candyco Transcription Service, Inc. 1 required to do in the operation of their 2 business? 3 SENATOR SQUADRON: Through you, 4 Madam President, I actually have to admit it's 5 been a number of years and I don't recall if 6 that's an affirmative obligation of the owner 7 to actually call law enforcement. 8 Certainly, as I said before, the 9 condition of the premises and of folks who 10 have been served by you are your 11 responsibility. We can try to get 12 qualification on whether that affirmative 13 obligation exists for the license holder. 14 SENATOR ALESI: Perfect. Thank 15 you, Senator. 16 ACTING PRESIDENT SAVINO: Senator 17 Alesi, on the bill. 18 SENATOR ALESI: The point, to be 19 clear, is that there maybe an occasion or a 20 continuing set of circumstances -- and I can 21 just use an example where a softball team or 22 biking group or some other group comes 23 regularly to a neighboring establishment, does 24 their drinking, gets intoxicated, and then 25 moves on to another one, maybe just to get

Candyco Transcription Service, Inc. 1 something to eat. 2 But they're in a situation where 3 they're intoxicated, where they're rowdy, 4 where they're detrimental to the operation of 5 a good, ongoing, well-managed, responsible 6 operator. And that operator himself or 7 herself finds themselves in a position on a 8 regular basis of having to call the police, 9 and maybe six times or seven times or eight 10 times or 10 times in the course of 60 days. 11 And because of that, under this 12 law -- because it doesn't say "the continuing 13 operation and the behavior of its patrons," it 14 says "or the behavior of its patrons." Simply 15 by acting responsibly and trying to preserve 16 the business that you've worked so hard for, 17 to maintain a good reputation, that you put 18 your life savings into, maybe, by calling the 19 police you're actually, under this law, 20 creating a situation with the State Liquor 21 Authority that you absolutely would not want 22 to. 23 And so the unintended consequences 24 could be very detrimental to the business, 25 number one. And number two, it might even put

Candyco Transcription Service, Inc. 1 some good operators in a situation where 2 they'd be reluctant to call the police. 3 Thank you, Senator Squadron. Thank 4 you, Madam President. 5 ACTING PRESIDENT SAVINO: Senator 6 Squadron. 7 SENATOR SQUADRON: A point of 8 clarification on Senator Alesi's comments on 9 the bill. 10 It sounds to me -- and I just want 11 to point Senator Alesi to existing law. 12 Senator Alesi is concerned about the existing 13 subsection 3 of Section 118 of the ABC Law, 14 which is the responsibility -- which is the 15 fact that a license can be revoked for cause 16 for a sustained and continuing pattern of 17 noise, disturbance, misconduct or disorder on 18 or about the licensed premises. 19 With or without this bill, that's 20 an existing responsibility, that's an existing 21 potential cause for revocation, unchanged by 22 this. It sounds like Senator Alesi may want 23 to review the next section. 24 SENATOR ALESI: Madam President, 25 if I nay respond to that, I can tell you this,

Candyco Transcription Service, Inc. 1 first and foremost, through my own experience, 2 that I know of an establishment which is a 3 licensed cigar-smoking establishment, and the 4 only reason in many cases people come to that 5 is because after they've been out drinking and 6 partying and doing everything they want to do 7 all night, it's the one place they can go 8 legally to smoke. And they bring their 9 problems with them. 10 And so I can tell you, under those 11 circumstances, that on a couple of occasions 12 if the proprietor has felt it necessary to 13 call the police, under this law the way it's 14 written right now, that operator or other 15 operators in those circumstances would be 16 bringing down a difficult situation on 17 themselves for doing the right thing and for 18 acting responsibly. 19 So again, I thank the Senator for 20 his efforts. But I can tell you that under 21 these circumstances, it could create 22 difficulty for honest and legitimate 23 operators. 24 ACTING PRESIDENT SAVINO: Senator 25 DeFrancisco.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: On the 2 bill. I don't have any further questions of 3 Senator Squadron. I just want to point out a 4 couple of things here that are, I think, very 5 important. 6 Normally in this society when 7 you're accused of something, the burden is on 8 the person who's doing the accusing. And I 9 think that's what our whole criminal justice 10 system is based on. And I would think most 11 people think that makes a pretty good idea. 12 And the standard under existing law 13 for the ABC Board is that if there is this 14 persistent pattern of noise, disturbance, et 15 cetera, that's a cause, if proven, just 16 slightly tipping the scales in your favor, 17 preponderance of the evidence. Just slightly 18 tipping the scales in your favor as a 19 complainant. The board can revoke your 20 business license, the board can go forward and 21 issue various fines and so forth. But the 22 system is it's not that hard to prove the 23 preponderance of the evidence. But there's 24 complaints, and somebody's got to prove that. 25 What this bill does is put

Candyco Transcription Service, Inc. 1 everything on its head. On six incident 2 reports -- and I don't know how things are 3 done in New York City, but I'm sure they're 4 done properly in Staten Island, because 5 Senator Lanza brought this up. The police, if 6 they're getting complaints about a bar or a 7 restaurant, are going to file the incident 8 reports. They're not going to be subjecting 9 themselves to harassment from somebody in the 10 community because they won't even investigate 11 and file a report. That's a report. That's 12 not a finding, that's an incident report. 13 Under this bill, if there's six 14 reports -- six reports, six complaints that 15 are on a police paper, an incident report -- 16 that are brought to the attention of the SLA, 17 you're presumed, as a bar owner or restaurant 18 owner, to have violated the law. And the only 19 way you can try to disprove that -- you're 20 presumed. You disprove it, you've got to 21 prove by clear and convincing evidence that 22 what was complained about was either 23 fraudulent, somebody did it fraudulently, or 24 there was a factual error. 25 I never heard of a legal standard

Candyco Transcription Service, Inc. 1 of a factual error. It's either factual or 2 it's not factual. And I know our newest 3 Attorney General clearly understands these 4 burdens of proof. And while he's sitting next 5 to the sponsor, he might want to explain them 6 to him. Because this puts everything on its 7 head. 8 And if you don't think that 9 competing bars call other bars and complain 10 about them, I can tell you many incidents in 11 the Syracuse area. And there are very 12 sensitive people, as Senator Lanza said, who 13 would rather not have the restaurant there or 14 the bar there. If they know they have this 15 law where it's presumed if they make these 16 calls and their friends make six of these 17 calls and the police come six times, that the 18 proof has been done and the bar has to prove 19 this incredible standard of clear and 20 convincing evidence, disprove that they did 21 anything wrong -- I just can't believe it. I 22 just can't believe that this is what the 23 sponsor could possibly want. I can't believe 24 that you want to flip the jurisprudence of 25 this state on its head.

Candyco Transcription Service, Inc. 1 Now, let me give you an example of 2 how you can handle this. Very simply, if the 3 SLA really wants this bill or wants to do -- 4 you know, the problem with the board has been, 5 for my understanding, is complaints are sent 6 in and they don't do a darn thing. They don't 7 investigate them, they don't have the hearing. 8 Well, why don't you just require 9 that the SLA do the job under the existing 10 law? And if they do the job under the 11 existing law, they don't need any more powers. 12 They just have to prove their case by the 13 preponderance of the evidence. 14 The problem isn't that it's not 15 easy enough to prove their cases, the problem 16 is they either don't have enough manpower or 17 they don't investigate these to have enough 18 hearings to get rid of the bad bar owners and 19 restaurant owners. Because you don't want to 20 lose the good ones. And Senator Alesi had 21 some great points concerning this, that in 22 many cases you're protecting your business by 23 calling the police yourself. 24 So I would hope -- I mean, I know 25 Senator Squadron has the pride of authorship

Candyco Transcription Service, Inc. 1 here. But maybe, maybe, with the consultation 2 of the other lawyers or lawyers that are on 3 the Democrat conference -- because I'm not so 4 sure he'll listen to me -- to just go through 5 this with him, sit down and make sure he 6 understands what he's doing. Because this is 7 a very, very bad law that sets the 8 jurisprudence of this state on its head. 9 And for those who claim to want to 10 protect the rights of the individual, the 11 accused -- and many, many bills come up here 12 every week about how to make the standard 13 better for the accused and those who are 14 convicted -- you are putting the accused on 15 the defensive having to prove that the person, 16 the accused, is not guilty by clear and 17 convincing evidence. 18 So I would hope that Senator 19 Squadron would lay this bill aside, get some 20 advice from somebody who understands the way 21 the legal system works, and modify the bill so 22 that -- 23 SENATOR SQUADRON: Point of 24 order, Madam President. 25 ACTING PRESIDENT SAVINO:

Candyco Transcription Service, Inc. 1 Senator Squadron -- 2 SENATOR DeFRANCISCO: -- modify 3 the bill so it makes sense. 4 ACTING PRESIDENT SAVINO: Senator 5 Squadron, what's your point of -- 6 SENATOR SQUADRON: Point of 7 personal privilege. 8 I'm new here, as Senator 9 DeFrancisco points out. I didn't know that 10 only those of us who are members of the bar 11 were qualified to put forward bills that 12 change the law as legislators. So I just 13 wanted clarification from Senator DeFrancisco 14 on that point. 15 Thank you. 16 SENATOR DeFRANCISCO: Well, if 17 Senator Squadron was listening, maybe this is 18 part of the problem in drafting the bill, that 19 he doesn't clearly listen to what people are 20 saying. 21 I didn't say that he's not 22 qualified. Anybody can put a bill in. That 23 doesn't mean it's going to be a good bill. 24 What I'm suggesting is that he get somebody 25 with some legal experience that understands

Candyco Transcription Service, Inc. 1 what the burdens of proof are, the 2 preponderance of the evidence, the clear and 3 convincing evidence, and who has the burden of 4 proof. And what this is doing is flipping 5 that burden of proof on its head. 6 And I'm only saying that he should 7 get some advice from whether it's staff or 8 whether the other attorneys. And if he thinks 9 after that getting that advice that this bill 10 makes sense, then certainly he should go 11 forward. But I think he's making a huge 12 mistake by doing this, because it's a very, 13 very bad bill. 14 Thank you, Madam President. 15 ACTING PRESIDENT SAVINO: Are 16 there any other Senators wishing to be heard 17 on the bill? 18 Senator Schneiderman. 19 SENATOR SCHNEIDERMAN: Thank you, 20 Madam President. 21 I want to commend Senator Squadron 22 on a good law-and-order bill. I want to 23 commend my colleagues that support this effort 24 to deal with a very serious problem in our 25 criminal justice system, which is, quite

Candyco Transcription Service, Inc. 1 frankly, bars and other establishments that 2 serve as a focal point -- and that's a term of 3 art in the law -- for all sorts of criminal 4 misconduct. 5 I remember when I was representing 6 community groups during the crack epidemic 7 that very frequently the base for crack 8 dealers were in bars. And it was almost 9 impossible to get the State Liquor Authority 10 to take action. It was a ponderous 11 proceeding. I agree with some of Senator 12 DeFrancisco's comments, although they're at 13 odds with his conclusion, that it is very hard 14 to get the SLA to act. 15 Part of the reason is that the 16 current law, which Senator Squadron is seeking 17 to correct, has this bizarre standard in it 18 that requires the SLA to prove that no one in 19 management knew what was going on. It's very, 20 very -- or that someone in management did know 21 what was going on. So you have to be able to 22 prove that someone in a defined category of 23 management knew what was happening. 24 This bill simply says there's no 25 management exception. The SLA does not bear

Candyco Transcription Service, Inc. 1 the burden of proof of showing and proving 2 that someone in management knew about this. 3 And it provides for a different standard. 4 All this bill does, ladies and 5 gentlemen, is create a permissible punishment 6 with a hearing, and with the due process that 7 is provided under SLA hearings, if there is a 8 sustained pattern of conduct, and it provides 9 additional definition in the law as to what 10 that pattern is. 11 And, I'm sorry, if you have six 12 police incident reports to the Authority 13 within 60 days, that doesn't mean the SLA has 14 to act. If they saw that it was the same 15 crank calling in six times and no one else had 16 ever called in, presumably they wouldn't act. 17 You get to have a hearing in which you can 18 challenge what they're doing -- 19 ACTING PRESIDENT SAVINO: 20 Senator -- Senator DeFrancisco, why do you 21 rise? 22 SENATOR DeFRANCISCO: I would ask 23 if Senator Schneiderman would be willing to 24 answer some questions. 25 ACTING PRESIDENT SAVINO: Senator

Candyco Transcription Service, Inc. 1 Schneiderman, would you yield to Senator 2 DeFrancisco? 3 SENATOR SCHNEIDERMAN: Through 4 you, Madam President, I'd be happy to. Let me 5 just finish this point. And then it's always 6 a pleasure to engage with Senator DeFrancisco 7 in a high level of legal dialogue. 8 This is a good bill, Madam 9 President. All it does is remove a ridiculous 10 requirement -- impossible under the law, I 11 hope you will concede, Senator -- to require 12 the SLA to prove that someone in management 13 knew what was going on is a much steeper 14 burden. And the problem we face, certainly in 15 my community, is not the SLA running amok and 16 throwing all these bars out of business, it's 17 the inability of communities plagued by crime 18 and violence to get the SLA to take any action 19 against establishments that tolerate that. 20 So let's be clear what we're doing. 21 We're removing an impediment to action to help 22 our law enforcement authorities. We are 23 making it a permissible punishment, with all 24 the due process already provided under law for 25 SLA hearings, if there are six incident

Candyco Transcription Service, Inc. 1 reports within 60 days. This does not require 2 the SLA to do anything, it does not remove 3 anyone's right to a hearing, it does not 4 remove anyone's right to submit any legal or 5 factual argument. This simply removes a 6 barrier to any action. And our communities 7 are suffering right now because of the bad 8 establishments that use this loophole to stay 9 in business longer than they should. 10 So I support this tough-on-crime 11 law-and-order bill, as I've supported so many 12 tough-on-crime, law-and-order bills in the 13 Senate -- 14 (Laughter.) 15 SENATOR SCHNEIDERMAN: -- more 16 often when the majorities were reversed, I 17 will admit. But I think this is something 18 that is, you know, in the legal world I came 19 out of in corporate law, you called a 20 no-brainer. 21 Gentlemen, if you were as creative 22 in the invention of possible violations of due 23 process for people when we're considering the 24 laws against poor people of color who commit 25 street crimes, I think we would have a lot

Candyco Transcription Service, Inc. 1 more grounds for agreement. 2 I think this is a good bill, 3 Mr. President. And I would yield to Senator 4 DeFrancisco for a question. I see he's 5 getting legal advice as well. 6 (Laughter.) 7 SENATOR DeFRANCISCO: No, for the 8 record he made a comment that I don't want to 9 repeat on the floor. It had nothing to do 10 with advice. 11 Senator Schneiderman, you would be 12 willing to answer a question? 13 SENATOR SCHNEIDERMAN: Yes, I 14 would be willing to attempt to answer your 15 studious legal inquiry. 16 SENATOR DeFRANCISCO: Well, okay. 17 The current Section 118 consists of three 18 paragraphs. And this is a totally new 19 paragraph. Do you see that? Number 4 is a 20 totally new paragraph to Section 118 of the 21 ABC board. Do you see that? 22 SENATOR SCHNEIDERMAN: I do not 23 now, but I'm sure I will soon. 24 This is a new paragraph -- 25 SENATOR DeFRANCISCO: Correct.

Candyco Transcription Service, Inc. 1 SENATOR SCHNEIDERMAN: -- under 2 the provisions that provide that a license or 3 permit may be revoked or a civil penalty may 4 be imposed, yes. This is a new paragraph that 5 provides further definition to the provisions 6 of paragraph 3 that provide for the possible 7 action by the SLA against an establishment for 8 the existence of a sustained and continued 9 pattern of noise, disturbance, misconduct or 10 disorder on or about the licensed premises 11 related to the operation of the premises -- so 12 not just people wandering by -- or the conduct 13 or its patrons which adversely affects the 14 health, welfare and safety of the inhabitants 15 of the area. 16 Again, Mr. President, a crank call 17 is not something that justifies a finding that 18 the health, welfare and safety of the 19 inhabitants of the area are being threatened. 20 This provision provides definition to the 21 for-cause standard and what constitutes a 22 pattern of noise, disturbance, misconduct or 23 disorder. 24 SENATOR DeFRANCISCO: So your 25 answer is yes, this is a new section?

Candyco Transcription Service, Inc. 1 SENATOR SCHNEIDERMAN: I think my 2 answer stands. 3 SENATOR DeFRANCISCO: Thank you. 4 Because I can read the bill as well. 5 Senator Schneiderman, would you 6 yield to another question? 7 ACTING PRESIDENT VALESKY: 8 Senator Schneiderman, do you continue to 9 yield? 10 SENATOR SCHNEIDERMAN: I would be 11 happy to yield, Mr. President. 12 ACTING PRESIDENT VALESKY: The 13 Senator yields. 14 SENATOR DeFRANCISCO: You said 15 this section, being a new section, takes away 16 the requirement that the owner or the operator 17 has to know about what's going on. Would you, 18 now that you've read it once, would you read 19 it to yourself again and tell me where it says 20 that? 21 SENATOR SCHNEIDERMAN: No, 22 it's -- through you, Mr. President, the 23 problem is not that the owner or operator has 24 to know about it. The problem is that current 25 law, and this is case law, requires the SLA to

Candyco Transcription Service, Inc. 1 prove that someone knew. 2 And as you know as an experienced 3 trial attorney and widely respected legal 4 scholar, that it is very difficult, virtually 5 impossible to prove someone knew something. 6 It's a very, very high standard. So this 7 corrects something that is in case law, not in 8 the statute. 9 SENATOR DeFRANCISCO: And, 10 Senator Schneiderman, would you answer another 11 question? 12 ACTING PRESIDENT VALESKY: 13 Senator Schneiderman? 14 SENATOR SCHNEIDERMAN: I would be 15 very happy to. 16 ACTING PRESIDENT VALESKY: The 17 Senator yields. 18 SENATOR DeFRANCISCO: Do you 19 agree that this bill changes the burden of 20 proof? 21 SENATOR SCHNEIDERMAN: Through 22 you, Mr. President, this bill, eliminates the 23 current interpretation of the law in the 24 courts that does impose the burden of proof on 25 the SLA to prove that someone in management

Candyco Transcription Service, Inc. 1 knew about the misconduct before any action 2 could be taken against a bar -- no matter how 3 many complaints there are, no matter how many 4 bad incidents of misconduct there are. 5 Yes, so in that sense it removes 6 this burden of proof from the SLA and provides 7 for a more objective standard. But it is all 8 under the provisions of Section 118 that are 9 permissible, Mr. President, that enable the 10 SLA to move forward with process, with a 11 hearing, and, you know, do not require it to 12 do anything. 13 SENATOR DeFRANCISCO: And, 14 Senator Schneiderman, would you answer another 15 question? 16 ACTING PRESIDENT VALESKY: 17 Senator Schneiderman? 18 SENATOR SCHNEIDERMAN: If it's as 19 good as the last one, I'd be happy to, 20 Mr. President. 21 SENATOR DeFRANCISCO: Well, I'd 22 better not say anything. 23 Senator Schneiderman, under 24 existing law, in order to show cause to take 25 some type of action against the restaurant,

Candyco Transcription Service, Inc. 1 you have to prove it by the preponderance of 2 the evidence. 3 And secondly, under this bill, if 4 there's six complaints or six incident 5 reports, the existence of this continuous 6 pattern of noise, disturbance, misconduct is 7 presumed; is that correct? 8 SENATOR SCHNEIDERMAN: No. 9 SENATOR DeFRANCISCO: Oh, it's 10 not? 11 SENATOR SCHNEIDERMAN: You're 12 confusing two sections of the law, through 13 you, Mr. President. 14 The revocation of license for cause 15 provision which is at the beginning of the 16 Section 118, the standard there is not being 17 changed. The standard of burden of proof in 18 SLA proceedings and hearings and moving 19 forward for cause is not changed. Everyone 20 has the same due process rights they have now. 21 The only thing this does is remove 22 a bad judicial interpretation of law that 23 makes it hard for our citizens to bring 24 complaints, it makes it hard for our law 25 enforcement officers to take action, it makes

Candyco Transcription Service, Inc. 1 it hard to keep our streets safe for our 2 children because it imposes on the SLA this 3 ridiculously high standard that they have to 4 come in and find an employee, identify them, 5 who's in management as defined by the case 6 law, and prove that that person knew. 7 And it removes that. And I would 8 respectfully submit this is an unreasonable 9 burden on a law enforcement agency seeking to 10 protect the public health and welfare. All of 11 the existing requirements of due process still 12 apply. 13 And again, this requires that the 14 pattern -- this change does not affect the 15 requirement that this pattern of misconduct -- 16 noise, disturbance, misconduct or disorder -- 17 adversely affects the health, welfare, safety 18 of the inhabitants of the area. That's a 19 finding the SLA must make. I still think this 20 is a very difficult case for the SLA to make. 21 It just removes the most ridiculous 22 requirement, but it is still a hard case to 23 make. 24 I don't think you need to worry so 25 much about the due process rights of people

Candyco Transcription Service, Inc. 1 who engage in a sustained and continuing 2 pattern of noise, disturbance, misconduct or 3 disorder that adversely affects -- not might 4 adversely affect, not could adversely 5 affect -- adversely affects the health, 6 welfare and safety of the inhabitants of the 7 area. 8 In my district there are bars whose 9 pattern of misconduct adversely affects the 10 health, welfare and safety of the area, and it 11 is hard as can be to get the SLA to take 12 action because of the standard removed by 13 Senator Squadron's excellent law-and-order 14 bill. 15 SENATOR DeFRANCISCO: I forgot my 16 question, but it was certainly a wonderful 17 campaign speech. 18 Would you suffer another question 19 and possibly answer it in some brevity so that 20 people remember the question. 21 ACTING PRESIDENT VALESKY: 22 Senator Schneiderman? 23 SENATOR SCHNEIDERMAN: Well, I'm 24 sorry for -- we all are having memory problems 25 at this point in the session. But I will

Candyco Transcription Service, Inc. 1 attempt to be as brief as possible. But 2 Senator DeFrancisco's probing into this area 3 of the law does get me a little fired up. I 4 care greatly about the health, welfare and 5 safety of people who live in neighbors with 6 bars. 7 ACTING PRESIDENT VALESKY: 8 Senator DeFrancisco, continue. 9 SENATOR DeFRANCISCO: And I can 10 assure Senator Schneiderman that I do the 11 same. But I also would like to have a fair 12 process whereby individuals have an 13 opportunity to actually defend themselves. 14 Would you agree, Senator 15 Schneiderman, that this conduct -- a pattern 16 of noise, disturbance, misconduct -- is 17 presumed, under this bill, after the sixth 18 incident report and the way it's disproved is 19 for the bar owner or restaurant owner to 20 prove -- the only way he can disprove it is to 21 prove by clear and convincing evidence of 22 either fraudulent intent on the part of any 23 complainant or a factual error. Isn't that 24 what the bill says? 25 SENATOR SCHNEIDERMAN: Through

Candyco Transcription Service, Inc. 1 you, Mr. President. That is correct. But all 2 that goes into is the determination that the 3 SLA can find cause to proceed. When the SLA 4 finds cause to proceed, all the due process 5 standards that exist in law are in place. 6 And through you, Mr. President, if 7 there's so much concern over people's right to 8 a hearing and right to due process, I assume 9 everyone on the other side of the aisle that 10 has raised these issues fully supports our 11 efforts to substantially increase funding for 12 indigent defense services, because there are a 13 lot of people who aren't getting fair hearings 14 in this state, Mr. President. I don't think 15 that many of them are bar owners. 16 And I hope that there's equal 17 support for due process rights and legal 18 rights and the right to a legal defense for 19 everyone in this state, and not just people 20 who have certain connections. 21 SENATOR DeFRANCISCO: On the 22 bill. 23 ACTING PRESIDENT VALESKY: 24 Senator DeFrancisco, on the bill. 25 SENATOR DeFRANCISCO: You know,

Candyco Transcription Service, Inc. 1 that's -- this is the law-and-order person who 2 wants indigent defendants to be able to get 3 defense. But he's okay with the concept that 4 you're presumed guilty because there's six 5 incident reports, and to prove your innocence 6 you've got to prove it by clear and convincing 7 evidence. 8 And anybody that reads this bill 9 knows that that's what this says, irrespective 10 of Senator Schneiderman's great concern for 11 the citizens of his district. 12 Secondly, as far as the law and 13 order business about the irrelevant comments 14 he made concerning the indigent defense, I 15 think he was a sponsor of the bill that sealed 16 records of drug dealers, three prior drug 17 deals -- three prior drug deals -- that now 18 school districts cannot possibly learn about 19 because he's more concerned about the 20 defendants who have been convicted of drug 21 offenses. 22 So if you want to start the 23 rhetoric, I'd be more than happy to 24 participate. 25 All I ask people to do is read the

Candyco Transcription Service, Inc. 1 bill and see if it says what I say it says 2 rather than rely on case law that has nothing 3 to do with this bill because the bill does not 4 deal with the case law that Senator 5 Schneiderman claims. And I would hope that -- 6 well, I'd better not say anything further. 7 I'm going to vote no on this 8 particular bill. 9 ACTING PRESIDENT VALESKY: Thank 10 you, Senator Schneiderman. 11 Senator Diaz, do you wish to speak 12 on the bill? 13 SENATOR DIAZ: Thank you. No, 14 would the sponsor yield for a question or two? 15 ACTING PRESIDENT VALESKY: 16 Senator Squadron, do you yield to a question 17 from Senator Diaz? 18 SENATOR SQUADRON: I'd be happy 19 to. 20 ACTING PRESIDENT VALESKY: The 21 sponsor yields. 22 SENATOR DIAZ: Senator Squadron, 23 if I got you right, this bill will help 24 communities to be safer and to lower the noise 25 and all the crime that might occur in places

Candyco Transcription Service, Inc. 1 that sell liquor. 2 SENATOR SQUADRON: Through you, 3 Madam President, that is what this bill would 4 do. And it would in fact empower law 5 enforcement to do something about those kinds 6 of things. 7 SENATOR DIAZ: Madam President, 8 would the sponsor yield for another question? 9 ACTING PRESIDENT SAVINO: 10 Senator Squadron, do you continue to yield? 11 SENATOR SQUADRON: Yes. 12 ACTING PRESIDENT SAVINO: 13 Senator Squadron yields. 14 SENATOR DIAZ: Let me see if I 15 get you right, Senator Squadron. Do you think 16 that there would be any -- anyone, any parent 17 or any community resident in the State of 18 New York that would like for their 19 neighborhood -- that would not like for their 20 neighborhood to be safer and to be quiet? 21 SENATOR SQUADRON: Through you, 22 Madam President, I believe that New Yorkers 23 across the state want exactly what Senator 24 Diaz just expressed. 25 SENATOR DIAZ: Will the sponsor

Candyco Transcription Service, Inc. 1 yield for another question? 2 ACTING PRESIDENT SAVINO: 3 Senator Squadron, do you continue to yield? 4 SENATOR SQUADRON: Yes. 5 SENATOR DIAZ: Senator Squadron, 6 I want to really get you right. If the people 7 of the State of New York would love to have 8 quiet neighborhoods, if the people of the 9 State of New York would like to get their 10 neighborhoods safe and get rid of those 11 noises, what are we debating this bill for so 12 long? You let me know. 13 SENATOR SQUADRON: Through you, 14 Madam President, without the leadership that 15 we currently have in the State Senate and the 16 ability that we have to really look at ways 17 that the law isn't working for the safety of 18 communities, for the quality of life of 19 communities -- I've only been here a year and 20 a half, but I suppose it just wasn't as much 21 of a priority. 22 SENATOR DIAZ: Madam President, 23 would the sponsor yield for another question, 24 please. 25 ACTING PRESIDENT SAVINO:

Candyco Transcription Service, Inc. 1 Senator Squadron, will you continue to yield? 2 SENATOR SQUADRON: Yes, Madam 3 President. 4 SENATOR DIAZ: So, Senator 5 Squadron, if I assume that we are trying to 6 prevent this bill from happening, would I be 7 wrong if I assume that those that would like 8 to prevent such a bill like this would love to 9 have their neighborhoods full of noises and 10 crime and misconduct? 11 SENATOR SQUADRON: Through you, 12 Madam President. Senator Diaz, I'm reluctant 13 to make conclusions about other people's 14 motivations, but I'm also reluctant to 15 disagree with you, what with your experience 16 both in communities and in the Senate. 17 SENATOR DIAZ: Thank you. 18 On the bill, please. 19 ACTING PRESIDENT SAVINO: Senator 20 Diaz, on the bill. 21 SENATOR DIAZ: I come from a 22 community that would love to see, would love 23 to see a bill like this pass. A bill, a law 24 that will bring noises down, a law that will 25 bring fighting at 12 o'clock at night -- those

Candyco Transcription Service, Inc. 1 places that sell liquors, I mean, they're the 2 pits. They are the pits. I mean, such -- so 3 much noise and people yelling at one another 4 and people cannot sleep, people that work, 5 working-class people that have to go to bed, 6 that have to get up, they are all night long 7 listening to all those noises and people in 8 those -- I don't understand why we are 9 debating such a bill. This bill is a bill 10 that should have been passed one hour ago. 11 I praise, I praise the sponsor for 12 such a bill. Not only for my district, for 13 the whole State of New York. The whole State 14 of New York. I believe, Madam President, 15 there is not one single resident of the State 16 of New York that doesn't want to see their 17 neighborhood quiet. And these are people that 18 go to work, that could have their rest and 19 could have their dream without listening to 20 those noises. And sometimes foul languages. 21 Sometime foul languages, Madam President. 22 Sometimes yelling, cursing. 23 And people have to -- the people of 24 the state have to be put through this? 25 Whoever vote against this should be voted out

Candyco Transcription Service, Inc. 1 by their people. This is a good bill. And 2 I'm not -- I'm not too fond of you. 3 (Laughter.) 4 SENATOR SQUADRON: Point of 5 personal privilege. 6 ACTING PRESIDENT SAVINO: Senator 7 Squadron. 8 SENATOR SQUADRON: I have to say 9 that despite everything, I am actually quite 10 fond of Senator Diaz -- 11 (Laughter.) 12 ACTING PRESIDENT SAVINO: Senator 13 Diaz, Senator Diaz, I should assume you will 14 be recorded in the affirmative. 15 SENATOR DIAZ: Ooooh, yes. 16 (Laughter.) 17 ACTING PRESIDENT SAVINO: Senator 18 L. Krueger, on the bill. 19 SENATOR LIZ KRUEGER: Thank you. 20 On the bill. 21 Well, I think everything has been 22 said. I will say my community has huge 23 numbers of restaurants and bars and taverns 24 that are good neighbors. And we are delighted 25 that residents go and tourists come and that

Candyco Transcription Service, Inc. 1 great economic activity happens. But there 2 are a few that are a nightmare, and we need 3 this law. And I stand to say not only am I 4 voting for this bill, but I am in 100 percent 5 agreement with Senator Diaz -- 6 SENATOR DIAZ: You are in 7 agreement with me? 8 (Laughter.) 9 SENATOR LIZ KRUEGER: -- and that 10 too does not happen that often on the floor of 11 the Senate. 12 So thank you very much, Senator 13 Squadron and Senator Diaz. I vote yes. 14 (Laughter.) 15 ACTING PRESIDENT SAVINO: Senator 16 Liz Krueger to be recorded in the affirmative. 17 Are there any other Senators 18 wishing to be heard? Any other protestations 19 of fondness or affection? 20 The debate is closed. The 21 Secretary will ring the bells. We ask all 22 members to please come to the chamber. 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT SAVINO: Senator 5 Squadron, to explain his vote. 6 SENATOR SQUADRON: Thank you, 7 Madam President. 8 I want to thank my colleagues for a 9 robust and fascinating debate. I admit that I 10 disagreed with almost all of what Senator 11 DeFrancisco said, except that I did learn, 12 which he had suggested, so I appreciate that. 13 I do want to just point out why 14 this bill is so important. There were 15 numerous factual inaccuracies in the 16 statements, and we can leave those for another 17 day, we can discuss those in the weeks to 18 come. The fact is right now it is almost 19 impossible to separate a good establishment 20 from a bad establishment. It is almost 21 impossible to shut down an establishment that 22 is a focal point of police activity, that is a 23 place where crimes are committed on the 24 street, in the establishment. 25 And what this bill does is this

Candyco Transcription Service, Inc. 1 empowers law enforcement, at the local level 2 and at the state level, to do something about 3 persistent problems that make communities less 4 safe and that can ruin quality of life across 5 the state. It's disappointing to me that so 6 many are so afraid of a piece of legislation 7 that would do that. 8 I'm voting aye, Madam President. 9 ACTING PRESIDENT SAVINO: Senator 10 Robach, to explain his vote. 11 SENATOR ROBACH: Yes, Madam 12 President, to explain my vote. 13 I think everybody has the same 14 goal. No one wants bad establishments. No 15 one wants people to break the law. I think 16 the difference is we're going by what the bill 17 says and what it will do, which makes this now 18 an issue of due process, not whether anybody 19 wants illegal bars or restaurants violating 20 the law. 21 I would suggest I would be more 22 comfortable if it was three incidents but they 23 were really founded and people had the 24 opportunity to go through the process, rather 25 than six complaints.

Candyco Transcription Service, Inc. 1 I'd go on, furthermore, maybe the 2 City of New York should do what the City of 3 Rochester does, which in addition to the SLA 4 law, if these problems are occurring that 5 spill outside the establishment, there is a 6 point system that goes to closing any 7 establishment, whether it's a bodega, a store, 8 selling to underage people, but it's based on 9 founded information with a process of who's 10 really doing what. 11 And that has always been and always 12 will be the best way to separate the 13 lawbreakers from the law-abiders, in business, 14 in life and anything else. 15 And so for that reason, while I 16 appreciate the intent, I feel very compelled 17 to vote no and I hope we'll revisit this 18 issue. I vote in the negative, Madam 19 President. 20 ACTING PRESIDENT SAVINO: Senator 21 Robach to be recorded in the negative. 22 Senator Winner, to explain his 23 vote. 24 SENATOR WINNER: Thank you, Madam 25 President, just briefly to explain my vote.

Candyco Transcription Service, Inc. 1 I listened to this debate and I 2 also listened to our conversations that we had 3 and our discussions in the committee, which 4 unfortunately this bill was not reported from. 5 For some reason this bill was yanked out of 6 the committee process and not given the type 7 of deliberation that I think it deserved. 8 Because while I understand the 9 argument that Senator Schneiderman is making 10 with regard to the case law, the issue of 11 scienter is the only issue that needs to be 12 dealt with in this legislation. 13 This legislation, if it dealt 14 simply with the issue of knowledge and the 15 issue of participation by employees of 16 establishments, would be a far better bill, 17 rather than setting up some convoluted 18 six-incident system which is subject to 19 litigation in the end as to whether or not it 20 is factually accurate to a circumstance where 21 anybody who -- the SLA, who relies upon this 22 legislation in order to attempt to revoke a 23 license, now will be in the position to have 24 to go in and defend whether or not the fourth 25 incident report was in fact factual or not,

Candyco Transcription Service, Inc. 1 rather than saying that the bar itself is a 2 bad bar and should be shut down because of the 3 fact that those types of disturbs have 4 occurred. 5 The fact of the matter is if you 6 just dealt with the issue of knowledge and had 7 the SLA do its job, then you would have a much 8 better proposal that this convoluted 9 six-incident type of situation, which I think, 10 based upon our discussions in committee, was 11 certainly a bad, bad way to go about this. 12 And so for those reasons, Madam 13 President, I think that this legislation 14 should be defeated. I vote no. 15 ACTING PRESIDENT SAVINO: Senator 16 Winner to be recorded in the negative. 17 I would ask all the members who 18 would like to be recorded in the negative to 19 please raise your hand again so the Secretary 20 can get an accurate count. 21 Senator Alesi, to explain his vote. 22 SENATOR ALESI: Thank you, Madam 23 President. 24 First of all, I am excited that 25 there have been changes at the State Liquor

Candyco Transcription Service, Inc. 1 Authority. And I think almost all of us here 2 are excited by that, and we look forward to 3 vast improvements there. 4 With respect to this particular 5 bill, I would agree with Senator Squadron on 6 one issue. It's not often I get a chance to 7 debate the wisdom of two Harvard lawyers 8 simultaneously. But he did say one thing that 9 struck me. He said that as far as input on 10 improving this bill, you don't necessarily 11 have to be an attorney. 12 I would agree with that. As 13 somebody who has operated businesses all his 14 adult life across this state, I think that it 15 would be prudent to understand that this isn't 16 just about laws and the technicalities of 17 laws, we're talking about business. Business. 18 Business that relies on jobs, jobs that rely 19 on purveyors and suppliers and everything 20 else. It's part of our commerce. 21 Senator Squadron said right now 22 it's very hard to tell the good ones from the 23 bad ones. But this bill is not going to do 24 anything to change that. This bill is going 25 make it harder for honest, decent businesses

Candyco Transcription Service, Inc. 1 to continue to compete and survive. 2 I would love to help with some 3 input that would just massage this bill a 4 little bit so that we can protect those 5 business and the people that depend on them 6 for their employment. But right now I simply 7 have to vote no. As much as I appreciate the 8 effort to change the way things are, can't 9 vote for this bill. Not good for business. 10 ACTING PRESIDENT SAVINO: Senator 11 Alesi to be recorded in the negative. 12 Senator Diaz, to explain his vote. 13 SENATOR DIAZ: Yes, thank you. 14 This is a law-and-order bill. Law 15 and order. It seems to me, Madam President, 16 that a place that six times, six times -- one, 17 two, three, four, five, six times -- the 18 police have to come because of a neighbor 19 calling because of something, a fight or 20 something, it seems to me that something's 21 wrong with that place. Something is 22 definitely wrong with that place. 23 We're not talking about one time, 24 we're talking about six times that the police 25 has to come to that place to that area because

Candyco Transcription Service, Inc. 1 something is happening in that place. And 2 this is a law and order. 3 See, I want to finish with 4 something that maybe sounds crazy. If I 5 divorce my wife once, I could blame her and I 6 could say the woman was the bad one. And 7 people might believe me. If I divorce my 8 wife, the second wife, I could say the woman 9 was the wrong one and people will say, Well, 10 let me give you the benefit of the doubt. But 11 if I do it three times, people are going to 12 tell me, Something's wrong with you. You are 13 the wrong one. 14 And when we're talking about six 15 times, six times -- and let me count again: 16 One, two, three, four, five, six times that 17 the police has to come to that place, and we 18 are talking about decent people, that we have 19 to separate the decent owners from the wrong 20 people? Something is wrong there. Something 21 is definitely wrong. That's a hangout place 22 that brings trouble to the community. 23 We should all vote no and close 24 them out. 25 ACTING PRESIDENT SAVINO: Senator

Candyco Transcription Service, Inc. 1 Diaz to be recorded in the affirmative. 2 Senator DeFrancisco, to explain his 3 vote. 4 SENATOR DeFRANCISCO: If a young 5 man or woman got accused of a crime six times, 6 the police had to go see this person six 7 times -- let me count them for you: One, two, 8 three -- 9 (Laughter.) 10 SENATOR DeFRANCISCO: -- four, 11 five, six, six times -- and I don't know about 12 the divorce, but six times -- does that mean 13 he is assumed or presumed guilty because he's 14 been accused six times? And then does he then 15 have to prove his innocence by clear and 16 convincing evidence because six people have 17 complained about this individual? I don't 18 think so, and I don't think the rules should 19 be any different here. 20 I vote no. 21 ACTING PRESIDENT SAVINO: Senator 22 DeFrancisco will be recorded in the negative. 23 Senator Valesky, to explain his 24 vote. 25 SENATOR VALESKY: Yes, Madam

Candyco Transcription Service, Inc. 1 President, I'm going to vote no because 2 Senator DeFrancisco convinced me to just now. 3 ACTING PRESIDENT SAVINO: Senator 4 Valesky will be recorded in the negative. 5 Senator Montgomery, to explain her 6 vote. 7 SENATOR MONTGOMERY: Yes, Madam 8 President. I rise to thank Senator Squadron 9 for this legislation. 10 I believe it is a clear statement 11 to constituents, certainly that I represent. 12 One of the number-one issues when I go to 13 every community board in my district -- and at 14 least two of those community boards I share 15 with Senator Squadron, so we hear the same 16 thing -- there are problems with the Liquor 17 Authority, we need to have more cooperation, 18 we need more support from the Liquor Authority 19 when we make complaints about problems 20 regarding establishments in our district. 21 So this really gives that State 22 Liquor Authority some teeth. I think it's 23 probably one of the most important pieces of 24 legislation as it relates to communities that 25 we serve and the interest of the people in

Candyco Transcription Service, Inc. 1 having their quality-of-life issues addressed 2 by the appropriate authority, and that is the 3 State Liquor Authority. 4 So I thank Senator Squadron, and I 5 vote aye. 6 ACTING PRESIDENT SAVINO: Senator 7 Montgomery will be recorded in the 8 affirmative. 9 Are there any other Senators 10 wishing to explain their vote? 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1099 are 14 Senators Alesi, Aubertine, Bonacic, 15 DeFrancisco, Flanagan, Foley, Golden, Griffo, 16 C. Johnson, O. Johnson, Lanza, Larkin, 17 Leibell, Libous, Little, McDonald, Nozzolio, 18 Ranzenhofer, Robach, Saland, Savino, Seward, 19 Skelos, Valesky, Winner and Young. Also 20 Senator Farley. 21 Ayes, 34. Nays, 27. 22 ACTING PRESIDENT SAVINO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1115, by Member of the Assembly Silver,

Candyco Transcription Service, Inc. 1 Assembly Print Number 10918, an act to amend 2 the Banking Law. 3 ACTING PRESIDENT SAVINO: Senator 4 Farley. 5 SENATOR FARLEY: Thank you, Madam 6 President. I want to speak on this bill. 7 There are state-chartered banks and 8 federal-chartered banks. And if there's any 9 consistency on the Banking Committee, which 10 I've been on for over 34 years, the members 11 have tried to protect and nourish the state 12 charters. As a matter of fact, our 13 Superintendent of Banks has made it his 14 highest priority. 15 This particular bill, in my 16 judgment, drives a stake right into the heart 17 of the state charters, no question about it. 18 When Chase flipped to its federal charter, we 19 lost 25 percent of the funding of the Banking 20 Department. You've got a big building right 21 down here called KeyBank, as you come into the 22 capital. They were concerned about the lack 23 of us doing a wild card and a few other 24 things. They flipped to the federal charter, 25 moved to Cleveland, and thousands of jobs went

Candyco Transcription Service, Inc. 1 with them. 2 Let me just speak to this 3 particular bill. It was introduced in 4 response to complaints that three federally 5 chartered banks initially charged some victims 6 of a fire in Chinatown the standard bank fees 7 for replacing the locks in safe deposit boxes 8 and issuing new keys. I understand, after 9 some inquiries by legislators and so forth, 10 these three federal banks waived the fees. 11 Despite this fact that the issue 12 was resolved in these cases, we are now 13 presented with a bill that would prohibit any 14 fees to gain access to safe deposit boxes for 15 the individuals unable to access it due to an 16 act of God, common disaster, emergency 17 situation, et cetera. 18 Although I'm sympathetic to the 19 people that were involved in the fire, I feel 20 that this bill is an overreaction, to say the 21 least, and will simply accelerate the shift of 22 bank from the state charter to the federal 23 charter. 24 I have several concerns. First, 25 because of federal preemption. Everything

Candyco Transcription Service, Inc. 1 that we do only applies to state-chartered 2 banks. It's ironic that this action of these 3 federal banks, a bill was introduced that 4 would single out state banks for new 5 regulations and restrictions. 6 As banks grow larger and acquire 7 each other, New York State has lost much of 8 the jurisdiction over the banking 9 institutions. This type of legislation gives 10 another reason for banks to flip to a federal 11 charter. 12 When I first came in here 34 years 13 ago, New York was the center of -- New York 14 City in particular was the center of the 15 financial world. That is changing rapidly. 16 This bill sends a message to our 17 state-chartered banks that because some 18 legislators are unhappy with the actions of a 19 federal bank that they'll impose new 20 restrictions. 21 Actually, the superintendent is 22 going to have to rule on every fee or any 23 change that could happen to a safe deposit 24 box. Let me just say something about safe 25 deposit boxes in banks. For many, it's a

Candyco Transcription Service, Inc. 1 traffic builder. For many, they give you a 2 free safe deposit box if you have a checking 3 account. For some, they have different fees 4 for different things. 5 The superintendent is going to have 6 to rule on every single fee to make sure that 7 it's reasonable. This is an incredible burden 8 on state banks only, and it's also a burden on 9 the State Banking Department. I don't need to 10 ask the sponsor if he checked with the State 11 Banking Department, because I happen to know 12 they're very much opposed to this. 13 This superintendent must make an 14 arbitrary judgment on all safe deposit fees. 15 Incidentally, this bill takes place 16 immediately. As a matter of fact, the effect 17 means that start-chartered banks will not even 18 be able to rent a new safe deposit box until 19 the superintendent approves their fees. 20 You know, this is absolute 21 insanity. It doesn't make any sense. And in 22 the Banking Committee -- and Senator Onorato 23 and Senator Hassell-Thompson, who served there 24 for many years, and Senator Savino -- almost 25 every member changed their vote from yes to

Candyco Transcription Service, Inc. 1 without recommendation. And of course many 2 people voted no. 3 It's simply an issue that is not 4 truly understood. And let me just say, you 5 know, I waited around here to speak against 6 this bill, because you know what, it really 7 doesn't mean an awful lot because people are 8 well-meaning and nobody likes to have to be 9 charged a fee for anything. But it is just 10 driving, again, more businesses out of 11 New York State and going after the very people 12 that we want to protect, the state charters. 13 It's a very, very bad bill. 14 As I stand here now with this 15 exciting debate that goes on, I'm missing my 16 granddaughter's high school graduation, which 17 is going on right now in Schenectady, where 18 she's receiving a prize. This job really can 19 wear on somebody. 20 But I would urge my colleagues, 21 many of whom I've served with for many 22 years -- it's one of the largest committees in 23 the Senate -- to vote no on this legislation. 24 It's not needed. I'm confident that the 25 superintendent opposes it. And I'm confident

Candyco Transcription Service, Inc. 1 that anybody that understands anything about 2 banking would vote no. 3 Thank you. 4 ACTING PRESIDENT SAVINO: Senator 5 Farley to be recorded in the negative. 6 Are there any other Senators 7 wishing to be heard? 8 Seeing none, the debate is closed. 9 The Secretary will ring the bells. We ask all 10 members to please return to the chamber. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT SAVINO: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT SAVINO: 18 Announce the results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 1115 are 21 Senators Alesi, Bonacic, DeFrancisco, Farley, 22 Flanagan, Foley, Fuschillo, Golden, Griffo, 23 Hannon, O. Johnson, Lanza, Larkin, LaValle, 24 Leibell, Libous, Little, Marcellino, Maziarz, 25 McDonald, Nozzolio, Ranzenhofer, Robach,

Candyco Transcription Service, Inc. 1 Saland, Seward, Skelos, Volker, Winner and 2 Young. 3 Ayes, 32. Nays, 29. 4 ACTING PRESIDENT SAVINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1120, by Senator Klein, Senate Print 8171, an 8 act to amend Public Health Law. 9 ACTING PRESIDENT SAVINO: Are 10 there any Senators wishing to be heard on the 11 bill? 12 Senator Saland. 13 SENATOR SALAND: Explanation. 14 ACTING PRESIDENT SAVINO: Senator 15 Klein, an explanation has been requested. 16 SENATOR KLEIN: Thank you, Madam 17 President. 18 This bill amends the Public Health 19 Law to establish a uniform statewide health 20 inspection grading system for restaurants and 21 other public service establishments. The way 22 it would work, it would be a letter grade of 23 A, B, or C, and it has a standard of making 24 sure that the grade has to be based on the 25 general cleanliness of the facility or its

Candyco Transcription Service, Inc. 1 food-handling practices. 2 Also, there's an expedited appeals 3 process which will be established so that 4 restaurants can appeal inferior assigned 5 grades. In other words, if there's a letter 6 grade of A originally and the next inspection 7 there's a B, there's an expedited appeals 8 process that has to take place between 7 and 9 21 days. During that time period the 10 restaurant posts their previous grade until 11 the new one is either overturned or validated 12 by the local Health Department. 13 ACTING PRESIDENT SAVINO: Senator 14 Saland. 15 SENATOR SALAND: Thank you, Madam 16 President. Madam President, would Senator 17 Klein yield to a question? 18 ACTING PRESIDENT SAVINO: Senator 19 Klein, will you yield? 20 SENATOR KLEIN: Yes, Madam 21 President. 22 SENATOR SALAND: Senator Klein, 23 is this modeled after the existing legislation 24 in New York City? 25 SENATOR KLEIN: Actually, no.

Candyco Transcription Service, Inc. 1 Originally I had legislation which New York 2 City adopted and promulgated it through their 3 regulations. I worked with the restaurant 4 industry and attempted to get some of the 5 concerns in this legislation that they could 6 not get from the City of New York. 7 So the City of New York's law 8 that's in effect right now, or starting to 9 come into effect, is a much stricter standard 10 than exists in this bill. 11 SENATOR SALAND: In looking at 12 the language in the bill, I see the grading 13 system is to reflect the safety and sanitation 14 of the premises and food-handling practices to 15 ensure compliance with state and local health 16 laws. 17 SENATOR KLEIN: Which -- could 18 you refer -- 19 SENATOR SALAND: I just read from 20 lines 13 through 15 of Section 1352-d. 21 SENATOR KLEIN: Thirteen to 15? 22 SENATOR SALAND: Yeah. 23 SENATOR KLEIN: "The provisions 24 of the sanitary code to establish a grading 25 system that reflects the safety and sanitation

Candyco Transcription Service, Inc. 1 of the premises and food-handling practices to 2 ensure compliance with state and local health 3 laws." 4 In other words, what this means is 5 that it would be based on the existing 6 inspection system of the local health 7 department. If each county does not have a 8 health department, it would be the State 9 Department of Health. 10 SENATOR SALAND: And correct me 11 if I'm wrong; I truly do not know the exact 12 number. I believe there are about half a 13 dozen, perhaps as many as ten counties, that 14 don't have local health departments, and they 15 default to the state. 16 SENATOR KLEIN: Correct. That's 17 correct. 18 SENATOR SALAND: Let's assume for 19 the moment two continuous counties have health 20 departments -- for example, I live in Dutchess 21 County. Right across the river is Ulster 22 County. Orange County adjoins Ulster County 23 to the south. Putnam County is to the east on 24 the same side of the river and adjoins 25 Dutchess County.

Candyco Transcription Service, Inc. 1 With each of those counties 2 promulgating their own separate health codes, 3 would that not create a system in which you 4 could have restaurants several miles apart 5 with conditions that are being graded 6 differently depending upon which side of the 7 border they're on? 8 SENATOR KLEIN: First of all, 9 this is not in any way changing exist code 10 enforcement or any type of inspection system 11 that presently exists on the local level. 12 Every county has their own separate system on 13 how they determine what a failing grade is as 14 far as their inspection is concerned. 15 The state is promulgating the A, 16 the B, and the C, which is a statewide basis, 17 which was something at the time that was 18 requested by the state restaurant industry. 19 SENATOR SALAND: But will not -- 20 SENATOR KLEIN: They were afraid 21 of the confusion that you're talking about, 22 that it would be differently. That's why 23 we're actually having the State Department of 24 Health actually do what an A, what a B, what a 25 C -- but we're still leaving, of course, the

Candyco Transcription Service, Inc. 1 local inspections and whatever is deemed a 2 pass or fail at the local level to stay 3 intact. 4 SENATOR SALAND: Well, I'm a 5 little confused. And, please, if you'll 6 continue to yield. Based on your explanation, 7 is there any reason, then, to include any 8 reference to local health laws? Because what 9 you're saying, I believe -- 10 SENATOR KLEIN: Let me see if I 11 can clear that up, Senator, for just one 12 second. It addresses the concerns of certain 13 restaurants where the standards for grading a 14 restaurant must be promulgated by rules. So 15 there's a statewide standard. Of course, 16 there's going to be local deviations as well. 17 SENATOR SALAND: So there will be 18 local deviations. Will that not -- if the 19 Senator will continue to yield -- will that 20 not, in effect, result in a deviation, to the 21 extent to which your law requires ensuring of 22 compliance with state and local health laws, 23 that the local health laws be taken into 24 consideration? 25 What a health inspector in Ulster

Candyco Transcription Service, Inc. 1 County may view as being in compliance with 2 Ulster County's health code and what one in 3 Dutchess County may view as being in 4 compliance with Dutchess County's health code 5 may not necessarily be the one and the same, 6 and yet there's going to be a grade that's 7 going to be issued by that compliance officer 8 or inspecting officer. 9 SENATOR KLEIN: On the local 10 level. Because again, I'm not changing in any 11 way the local health department, the way they 12 impact their restaurants presently. It 13 wouldn't be fair. Because as you said, and 14 you did make the point, that every locality 15 has different standards, a different way of 16 judging how clean or how sanitary their local 17 eateries are. 18 SENATOR SALAND: And if you'll 19 continue to yield. 20 ACTING PRESIDENT SAVINO: Senator 21 Klein, do you continue to yield? 22 SENATOR KLEIN: Yes, Madam 23 President. 24 SENATOR SALAND: I'll go back to 25 my original question, then.

Candyco Transcription Service, Inc. 1 To that extent, it would seem to me 2 that there at the very least would be the 3 possibility if not the likelihood that you 4 could have restaurants a mile apart, separated 5 by a side county line, that could be graded 6 differently depending upon what their -- how 7 their local law and their local enforcement 8 agents view the seriousness of whatever their 9 local laws may require. So you could have -- 10 SENATOR KLEIN: That's not really 11 the case, because the portion of the bill that 12 you referred to, it deals with just -- it 13 reflects the safety and sanitation of the 14 premises and food-handling practices. So 15 those are the most serious types of 16 violations. 17 If you look at the numbers, when a 18 restaurant fails, they usually fail because of 19 serious health risks, which is usually vermin 20 or failure to handle food properly. So it's 21 important to make sure that the locality is 22 required to make sure that the letter grade is 23 based on those things. That's all we're 24 telling the locality to do. 25 Again, so I don't think it would be

Candyco Transcription Service, Inc. 1 an adequate system to have the state determine 2 what an A or a B or a C was and take that 3 power away from the locality, which has their 4 own health department that does their own 5 inspections, their own inspectors, their own 6 grading. 7 I know for a fact in the City of 8 New York the way it works is there's a grading 9 system of 1 to 28. If you get anything over 10 28, you fail. And usually the failures that 11 I've seen, over 55 percent are because of 12 vermin, which usually -- 13 SENATOR SALAND: If you'll 14 continue to yield. I don't -- and correct me 15 if I'm wrong, I'm making an assumption. The 16 five boroughs of the City of New York don't 17 have five separate health codes. 18 SENATOR KLEIN: Correct. They 19 have one health law. I assume other large 20 cities are the same. 21 SENATOR SALAND: In that sense. 22 And again, if you'll continue to yield. 23 And I'll ask a question not knowing 24 the answer. Are there any cities -- you 25 mentioned large cities. Are there any cities

Candyco Transcription Service, Inc. 1 within counties that you're aware of that 2 might have a separate local health code? 3 SENATOR KLEIN: No. 4 SENATOR SALAND: You're not 5 aware, or there are none? 6 SENATOR KLEIN: I know for a fact 7 there are none. 8 SENATOR SALAND: You made 9 reference to some form of an expedited appeal. 10 And as I read this, the restaurateur makes a 11 request for a subsequent inspection which has 12 to be done no sooner than seven days nor later 13 than 21 days after the inspection that 14 resulted in whatever grade they were given. 15 And they would then have to pay the department 16 a fee of $250. Which department gets that 17 fee? 18 SENATOR KLEIN: Up to $250. 19 SENATOR SALAND: Which department 20 gets that fee? 21 SENATOR KLEIN: The local health 22 department. Because they're the ones that are 23 going to be required to do the reinspection in 24 that expedited fashion, which is between seven 25 and 21 days.

Candyco Transcription Service, Inc. 1 And during that time period, that 2 seven to 21 days, the previous letter grade 3 that's posted is the one that remains up. Not 4 the most recent one that's being appealed. 5 SENATOR SALAND: Again, if the 6 Senator would continue to yield. 7 ACTING PRESIDENT SAVINO: Senator 8 Klein, do you continue to yield? 9 SENATOR KLEIN: Yes, Madam 10 President. 11 SENATOR SALAND: And if you know, 12 because I certainly don't, what's entailed in 13 these inspections? How long do they take? 14 SENATOR KLEIN: Again, it depends 15 on -- from county to county, locality to 16 locality, they all have their own different 17 systems. 18 And again, I say this again, I 19 thought it was very important to make sure we 20 give that power and keep that -- have that 21 power remain with the locality. I know 22 New York City, you know, has changed theirs 23 where now, if a restaurant fails, they have to 24 be inspected every six months; if not, at 25 least once a year.

Candyco Transcription Service, Inc. 1 SENATOR SALAND: And, Senator, I 2 think the chair is letting us go back and 3 forth, so if that's okay with the chair -- 4 ACTING PRESIDENT SAVINO: Yes. 5 SENATOR KLEIN: It's fine with 6 me, Senator Saland. 7 SENATOR SALAND: Thank you. And 8 let's assume I'm a restaurateur and I have a 9 dairy product, a bar of butter sitting out on 10 a counter, and somewhere within a foot of that 11 I have a dishrag or a sponge. Is that a 12 violation? 13 SENATOR KLEIN: Again, this would 14 be up to the local health department. 15 Again, getting back to the 16 experience that I had in pushing this for so 17 long around the state and more specifically in 18 the city, is the way restaurants fail, the way 19 they're going to be failing under this system 20 is usually pest violations or failure to 21 reheat or heat food properly. Which, as you 22 know, are very, very serious violations. 23 It's usually not -- a restaurant 24 usually does not fail for, you know, minor 25 violations like failure to post their

Candyco Transcription Service, Inc. 1 certificate of occupancy and things of that 2 nature. 3 And again, that's why I was very 4 clear to have it in the bill that it was 5 sanitation and food-handling. Which again, 6 the reason behind that is because foodborne 7 illness, which is always increasing around our 8 state, usually happens because of mice, 9 roaches, rats near or on top of the food, as 10 well as the failure to heat and reheat food. 11 So those are the most serious violations. And 12 the also the ones that pose a public health 13 risk. 14 SENATOR SALAND: So if it doesn't 15 impose a public health risk but it's an 16 unsanitary condition, it's not covered by 17 this? 18 SENATOR KLEIN: Well, again, if 19 you build up enough points -- and I assume, 20 again, other counties probably do it the same 21 way where there's probably a cutoff. You 22 know, you have a checkoff list. And the more 23 points you get, the more likely you're going 24 to fail. And then they're going to take, I 25 assume, that point system and then have the

Candyco Transcription Service, Inc. 1 ability to turn it into a letter grade. 2 You see, one of the problems, 3 Senator, is there's some serious problems in 4 some restaurants, not only in the City of 5 New York but across the state. And I feel, in 6 something like this, information is power. 7 I'm not changing the way a restaurant is being 8 inspected. I'm not changing any way of 9 looking or determining how clean or how dirty 10 a restaurant is. I'm merely providing, I 11 think, a very easy system where people or 12 diners can vote with their feet. If you're 13 very comfortable about going to a restaurant 14 that just got a C, so be it. But I think the 15 public really does have a right to know. 16 And I do want to mention that the 17 City of Los Angeles has implemented this 18 system for about six years, about the same 19 time I started pushing for this legislation. 20 And they now have almost total compliance; 21 85 percent of the restaurants last year got an 22 A. Restaurants that got As, their business 23 has gone up anywhere from 35 to 50 percent. 24 And foodborne illness, which they do track in 25 the city and the state, actually has gone down

Candyco Transcription Service, Inc. 1 25 percent. 2 SENATOR SALAND: Thank you, 3 Senator Klein. Thank you. 4 On the bill, Madam President. 5 ACTING PRESIDENT SAVINO: Senator 6 Saland, on the bill. 7 SENATOR SALAND: Madam President, 8 unlike the City of New York and unlike the 9 City of Los Angeles, the 58 counties that 10 comprise the rest of the State of New York, as 11 distinguished from the five counties or 12 boroughs of the City of New York, largely have 13 local health departments. As I said earlier, 14 perhaps half a dozen to 10, somewhere in that 15 area, do not. And in those cases, they rely 16 on the state's health code. 17 In any number of areas, you could 18 have a system which would be anything but 19 uniform. You could have a system in which 20 grades would vary based on the particular 21 local code or the predilections of the 22 particular inspector. I know from time to 23 time I have received in my district office 24 inquiries from restaurateurs regarding the 25 enforcement or inspections by local

Candyco Transcription Service, Inc. 1 inspectors, at times alleging that they 2 believe them to be arbitrary. Obviously, 3 there's nothing that I can do about it. It's 4 a county function, not a state function. 5 But my concern here could be that 6 two restaurants, similarly situated both in 7 terms of the types of menus they have, the 8 types of prices on their menus, could be 9 treated differently gradewise under this 10 system simply depending upon who inspected 11 them and who inspected them under what 12 particular local code. 13 Notwithstanding the fact that we 14 are giving the Health Commissioner the 15 authority to create the general guidelines, we 16 are dealing with also, simultaneously, local 17 health codes as part of the formula, local 18 inspectors, some of whom may view their 19 responsibilities in terms of their authority 20 to violate somebody differently -- varying 21 degrees of discretion, varying degrees of 22 zealousness. 23 So I would be rather concerned that 24 this would wind up in a situation in which the 25 playing field would not necessarily be leveled

Candyco Transcription Service, Inc. 1 but in many instances could be unleveled. 2 Thank you. 3 ACTING PRESIDENT SAVINO: Senator 4 Flanagan, on the bill. 5 SENATOR FLANAGAN: Thank you, 6 Madam President. Would Senator Klein yield to 7 a couple of questions, please. 8 ACTING PRESIDENT SAVINO: Senator 9 Klein? 10 SENATOR KLEIN: Yes, Madam 11 President. 12 ACTING PRESIDENT SAVINO: Senator 13 Klein yields. 14 SENATOR FLANAGAN: Thank you. 15 Senator Klein, I was listening to 16 your discussion with Senator Saland, and I did 17 have some specific questions relative to the 18 inspection and the reinspection. I believe I 19 heard you correctly that if there is a 20 reinspection that there could be a charge of 21 up to $250 for that reinspection. 22 I believe your bill says that once 23 an inspection is done, that the local health 24 officers shall conduct a subsequent inspection 25 regardless of whether or not the establishment

Candyco Transcription Service, Inc. 1 has asked for that. That's what the bill 2 says. 3 SENATOR KLEIN: Well, what 4 happens is that fee -- can someone turn the 5 phone off? 6 I'm sorry, Madam President. The 7 $250 fee comes in when someone is challenging 8 their grade, because then an expedited 9 inspection takes place. 10 In other words, if someone 11 presently has an A that's being posted and 12 their next inspection they get a B, they're 13 not happy about it, they want to challenge, 14 they ask for that reinspection, which has to 15 take place between seven and 21 days. That's 16 what the fee kicks in that could be up to 17 $250. 18 SENATOR FLANAGAN: Madam 19 President, through you, if Senator Klein would 20 continue to yield. 21 ACTING PRESIDENT SAVINO: Senator 22 Klein? 23 SENATOR KLEIN: Yes, Madam 24 President. 25 SENATOR FLANAGAN: On page 1 of

Candyco Transcription Service, Inc. 1 the bill, I'm going to read specifically lines 2 23 and further: "The local health officer 3 shall conduct a subsequent inspection of such 4 food service establishment no sooner than 5 seven days nor later than 21 days after the 6 inspection at which the grade was given." 7 That's mandatory language. It 8 doesn't say that the proprietor or the owner 9 of the establishment has to ask for it. 10 So there's an initial one done, and 11 then within several weeks there has to be 12 another one done. 13 SENATOR KLEIN: First of all, the 14 first reinspection is free as a right. It's 15 the second inspection, on request, that has a 16 charge. 17 SENATOR FLANAGAN: Madam 18 President, if Senator Klein would keep in 19 mind. 20 ACTING PRESIDENT SAVINO: Senator 21 Klein, do you continue to yield? 22 SENATOR KLEIN: Yes, Madam 23 President. 24 SENATOR FLANAGAN: Senator Klein, 25 I believe you are a man of good intention, but

Candyco Transcription Service, Inc. 1 I'm having great difficulty finding what 2 you're saying in this bill. It does not say 3 that at all. It doesn't differentiate between 4 one inspection or a reinspection or an 5 inspection because you're asking for an 6 appeal. 7 SENATOR KLEIN: Let me go through 8 the specific language. And you were pointing 9 to line 21, which actually talks about -- 10 SENATOR FLANAGAN: Starting at 11 line 23, where it says specifically "The local 12 health officer shall conduct a subsequent 13 inspection of such food service establishment 14 no sooner than seven days" -- 15 SENATOR KLEIN: Yeah, but you 16 just skipped 21, Senator, which starts "For 17 any food service establishment receiving a 18 grade lower than A, the local health officer 19 shall advise the establishment of its grade 20 and the fines upon which such grade is based." 21 So in other words, that's when the 22 reinspection takes place, on a grade other 23 than an A. 24 SENATOR FLANAGAN: So for 25 anything --

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: So in other 2 words, if you get an A, why would you call for 3 an expedited reinspection. I think that's 4 what you're confused about as far as the 5 language. 6 SENATOR FLANAGAN: No, actually 7 I'm -- Madam President, through you, I'm not 8 confused at all. I understand exactly what 9 you're saying on line 21. 10 But if someone gets a B, an 11 establishment gets a B, based on your language 12 there has to be an automatic reinspection of 13 that establishment. 14 SENATOR KLEIN: There does not 15 have to be. If the owner of the restaurant is 16 happy with their B, they can accept the B and 17 post up their B. 18 SENATOR FLANAGAN: If I may, 19 Madam President, through you, if Senator Klein 20 will continue to yield. Let me just shift 21 gears here, if I could. 22 SENATOR KLEIN: I'll continue to 23 yield, Madam President. 24 ACTING PRESIDENT SAVINO: Thank 25 you, Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR FLANAGAN: Thank you. 2 You spoke about on expedited appeal 3 within seven to 21 days. Again, I don't see 4 that in the bill. And I'll specifically 5 reference the section where it speaks to an 6 appeal. Page 2, line 5 -- I'm sorry, starting 7 on line 4: "The food service establishment 8 may appeal such subsequent assignment of a 9 letter grade" -- 10 SENATOR KLEIN: I'm sorry, what 11 page are you on, Senator? 12 SENATOR FLANAGAN: Page 2, 13 starting at the end of line 4: "The food 14 service establishment may appeal such 15 subsequent assignment of a letter grade 16 designation to the commissioner." 17 Now, the way you described it, you 18 said that there would be an appeal within 19 seven to 21 days. The way I read this bill, 20 there is a potential reinspection between 21 seven and 21 days and then an owner can ask 22 for an appeal thereafter, and there is 23 apparently, during whatever time frame that 24 may be for that appeal -- which I think could 25 easily extend well beyond 21 days -- that

Candyco Transcription Service, Inc. 1 letter grade that has been assigned would have 2 to remain posted based on that reinspection. 3 SENATOR KLEIN: Well, the way the 4 process works, just to clarify, there's an 5 inspection, a reinspection if you want, and 6 then an appeal. That's how the system works. 7 And the appeal is the one you have to pay for. 8 SENATOR FLANAGAN: Okay, if we 9 didn't -- Madam President, if Senator Klein 10 would continue to yield. 11 ACTING PRESIDENT SAVINO: Senator 12 Klein, do you continue to yield? 13 SENATOR KLEIN: Yes, Madam 14 President. 15 ACTING PRESIDENT SAVINO: He 16 yields. 17 SENATOR FLANAGAN: Let's assume 18 for argument's sake that we were not doing 19 this bill. Because if I follow your reasoning 20 or I potentially agree with it, you're 21 suggesting that right now there's an initial 22 inspection, there can be a request for a 23 reinspection, and then someone has a right to 24 appeal already under present law. 25 SENATOR KLEIN: There's an

Candyco Transcription Service, Inc. 1 inspection, there's a reinspection. I think 2 the added advantage here is the appeal. 3 In other words, if you fail now, 4 you can get reinspected. What I'm doing here 5 is creating this appeals process which gives 6 someone the ability to appeal a bad letter 7 grade. 8 SENATOR FLANAGAN: Okay. And if 9 Senator Klein would continue to yield, Madam 10 President. 11 ACTING PRESIDENT SAVINO: Senator 12 Klein, do you continue to yield? 13 SENATOR KLEIN: Yes, Madam 14 President. 15 SENATOR FLANAGAN: Thank you. 16 Senator Klein, just the last couple of 17 questions I want to ask you relate to the 18 provisions for establishments to which this 19 law does not apply. Now, obviously it's the 20 City of New York. 21 SENATOR KLEIN: Right. 22 SENATOR FLANAGAN: Okay. Which 23 you had had some dialogue on. But then there 24 are -- looks like bars, some potential 25 education facilities, not-for-profits, things

Candyco Transcription Service, Inc. 1 of that nature. When you referenced -- 2 SENATOR KLEIN: I actually have, 3 if you want me to read through, what it does 4 not include. 5 SENATOR FLANAGAN: It's clear on 6 the second page. My question is, how similar, 7 if at all, is that to the system that exists 8 in the City of New York? 9 SENATOR KLEIN: The City of 10 New York, as I said earlier, is a much 11 stricter system. There's no appeals process. 12 In other words, if you get an A originally, 13 let's say, and then you get a B, you're stuck 14 with that B until your next inspection. 15 That's the most important part. 16 The other part as well is I think 17 they also do an A, B, C and I think they even 18 go to a D and an F. I think that's really the 19 key portion, the most -- I guess. The appeals 20 process is something that during my 21 conversations with the restaurant industry 22 they were trying to get the City of New York 23 to do before they promulgated their 24 regulations, and the city refused. But it is 25 contained in this bill.

Candyco Transcription Service, Inc. 1 SENATOR FLANAGAN: Is it your 2 understanding, then, that the City of 3 New York, the system applies basically to 4 bars? 5 SENATOR KLEIN: It does not apply 6 to bars and taverns where 10 percent or less 7 of their gross sales is from food. 8 SENATOR FLANAGAN: And in the 9 City of New York, does it apply to -- 10 SENATOR KLEIN: Okay, in the City 11 of New York it does apply to those. 12 SENATOR FLANAGAN: In the City of 13 New York it does apply to bars? 14 SENATOR KLEIN: Correct. 15 SENATOR FLANAGAN: And in the 16 City of New York does it apply to all the 17 mobile carts and food vendors who are on the 18 streets? 19 SENATOR KLEIN: No, it does not. 20 And it doesn't apply to that in my bill as 21 well. It does not. 22 SENATOR FLANAGAN: Okay. Thank 23 you, Senator Klein. 24 Madam President, on the bill. 25 ACTING PRESIDENT SAVINO: Senator

Candyco Transcription Service, Inc. 1 Flanagan, on the bill. 2 SENATOR FLANAGAN: I get what 3 Senator Klein is trying to do. I know myself 4 I've just recently been doing a decent amount 5 of traveling, going into like a hotel, for 6 example, and you see the grading system -- and 7 it's more numerical than it is a letter. And 8 you see, you go, well, they got a 96, and you 9 start thinking 96 is pretty good. But, like, 10 what are the four points that they missed? So 11 I understand the intent. 12 But I would respectfully offer that 13 on several of the points that I raised that 14 what the sponsor is saying verbally is 15 different from what's in the bill. 16 And I believe that creates several 17 problems, not the least of which is that there 18 is an inspection, and I believe a fair reading 19 of this bill is that there would have to be a 20 subsequent inspection. It doesn't say it has 21 to be requested, it says the local health 22 officer shall conduct a subsequent inspection 23 within seven to 21 days, whether it's a B or a 24 C or whatever the case may be. So I believe 25 that creates a problem right there in and of

Candyco Transcription Service, Inc. 1 itself. 2 I understand the point about the 3 appeals process, but I don't believe that 4 there's any tight time frame in terms of how 5 long an establishment may have to wait for an 6 actual final determination on an appeal. Yes, 7 there has to be a reinspection within seven to 8 21 days. And if there is an appeal, that can 9 be filed within 30 days. But it doesn't say 10 that it has to be finalized within 60, 90, 120 11 days. And I think that creates a problem. 12 Well-intentioned in many respects, 13 but I think the language needs to be worked on 14 to accomplish exactly what Senator Klein is 15 trying to do. 16 Thank you, Madam President. 17 ACTING PRESIDENT SAVINO: Senator 18 Hannon, on the bill. 19 SENATOR HANNON: Thank you, 20 Madam President. I want to address thoughts 21 on the bill in a little bit of a wider 22 context, because I think this is a bill that 23 is well-intentioned but it's not ready for 24 prime time. 25 I also find really ironic that

Candyco Transcription Service, Inc. 1 there is a memo of support for this bill from 2 the City of New York when the City of New York 3 is exempted from the bill. But that's exactly 4 the problem. Because the City of New York, 5 having worked with the health commissioner, 6 the prior health commissioner, the current 7 health commissioner I happen to think has a 8 pretty good health department. But it's a 9 funded department, it's a focused department, 10 they've dealt with restaurants quite well, 11 they've done trans fats, they've done menu 12 posting, things that have been really adopted 13 nationally. And I commend Senator Klein for 14 getting them to adopt this grading system. 15 But it's not appropriate, I think, 16 for the disparate types of enforcement we have 17 in different counties throughout the state. I 18 mean different because some counties don't 19 have a health department, some do. As Senator 20 Klein said, they have different ways they'll 21 do their evaluations. Even though I can't 22 figure out how the differences county to 23 county can be then made uniform by the State 24 Health Department coming up with the uniform 25 system. I think those are inherently in

Candyco Transcription Service, Inc. 1 conflict. I don't think that's been worked 2 out. 3 The other part of this is what do 4 we do -- what are we so used to when we look 5 at guides to traveling throughout the states, 6 throughout other countries? We're looking for 7 quality recommendations. The difficulty is 8 here this is a sanitary recommendation. 9 People are going to confuse both. Now, yes, 10 sanitation is an essential ingredient in 11 quality, but it's not the only one. 12 And I don't think the public is 13 going to be ready to know this, it's not going 14 to be well enough publicized. People are 15 going to think As might be great in terms of 16 quality when all it has to do with is it's 17 superclean. Well, a little bleach doesn't 18 make good food. 19 Another problem is that the grades 20 are supposed to sum up the many different 21 points that go into the sanitary inspection. 22 But if there are different lists for what's a 23 sanitary inspection in different counties, 24 then an A in one county is not going to mean 25 the same thing as an A in another county. And

Candyco Transcription Service, Inc. 1 as Senator Saland pointed out, they can be 2 right across the border from each other and 3 mean two entirely different things. Again, 4 creating confusion in the public whom we are 5 supposed to be trying to serve with this 6 legislation. 7 The real difficulty I have is the 8 cost of this system. Now, yes, I know, 9 carefully explained by Senator Klein, that 10 we're not doing anything new in terms of the 11 different points of the inspection. But there 12 is a cost to this system, because somebody has 13 to sit down and figure out how are you going 14 to do this on a state level, both in terms of 15 the uniform standards and, second, in terms of 16 how the state exactly is going to enforce it 17 and, third, how the county's going to enforce 18 it. 19 Because you have to do some type of 20 computation. How one translates 50, 100 21 different points in an inspection into a 22 letter grade is a fairly complicated process 23 and I would suspect one that has to be 24 reasonable and so that it would stand up in 25 court. It's going to be a costly, costly

Candyco Transcription Service, Inc. 1 process. 2 May I point out that the budget 3 submitted by the Governor would cut the 4 administrative budget of the State Department 5 of Health by 20 percent. At a time we're 6 dealing with life and death decisions, rule 7 making, surveillance of hospitals, nursing 8 homes, home healthcare, administration of drug 9 programs, we're going to then be saying, oh, 10 no, put that aside, go to the letter grading 11 system. I think that's misplaced. 12 And I don't know about the rest of 13 the counties in this state, but I know in my 14 home county of Nassau they are already facing 15 a major deficit, over hundreds of millions of 16 dollars, they're talking about an additional 17 payment for pension costs next year increasing 18 by $50 million -- and we are going to start 19 having them go around do letter grades. 20 Look, if there's a way to do this, 21 you find a demonstration program someplace 22 upstate with a willing commissioner, with a 23 willing county. You show people how it can 24 work, that starts to work the kinks out of the 25 system, it starts to educate the public. Once

Candyco Transcription Service, Inc. 1 again, it's a bill well-intentioned, but it's 2 not ready for prime time. 3 Thank you very much, Madam 4 President. 5 ACTING PRESIDENT SAVINO: Senator 6 Ranzenhofer. 7 SENATOR RANZENHOFER: Thank you, 8 Madam President. Would the sponsor yield for 9 a question. 10 ACTING PRESIDENT SAVINO: Senator 11 Klein, will you yield? 12 SENATOR KLEIN: Yes, Madam 13 President. 14 ACTING PRESIDENT SAVINO: Senator 15 Klein will yield. 16 SENATOR RANZENHOFER: Thank you. 17 Through you. 18 I listened to the exchange between 19 you and Senator Flanagan, and the way it was 20 explained on the floor is that you have the 21 inspection, the reinspection, and the appeal, 22 and it's the appeal that costs the $250. 23 SENATOR KLEIN: That's correct. 24 SENATOR RANZENHOFER: Okay. 25 Because then when I look at, when you turn to

Candyco Transcription Service, Inc. 1 the second page -- let's see. If you look at 2 line 15, it talks about, it says a food 3 service establishment who requests a 4 reinspection from the local health officer 5 shall pay the department a fee of up to $250. 6 So I know that it's your intent for 7 the appeal to be $250, but the actual language 8 says that the reinspection is $250. And you 9 had said that's supposed to be free. And the 10 question I have is I know when I go back to my 11 county, we deal with so many problems with the 12 Health Department, I'm going to be asked that 13 question. So I just wanted some clarification 14 on that very small point. 15 SENATOR KLEIN: (Reading.) 16 SENATOR RANZENHOFER: You said 17 the reinspection was free. 18 SENATOR KLEIN: "Shall pay up to 19 $250." 20 SENATOR RANZENHOFER: You said 21 the appeal was free, it was the appeal that 22 was 250. But this says the reinspection is 23 250. 24 SENATOR KLEIN: That's right, you 25 get an automatic reinspection.

Candyco Transcription Service, Inc. 1 SENATOR RANZENHOFER: I know. 2 But this says it costs 250, and you just said 3 that it was free. So that's what I want to 4 know, because it doesn't seem to -- 5 SENATOR KLEIN: Well, you get a 6 free reinspection based on the state's 7 sanitary code. Which actually, getting back 8 to what Senator Flanagan raised -- he's not 9 here -- it also dictates that 7-to-21-day 10 reinspection. 11 SENATOR RANZENHOFER: What's 12 going to happen is I came from county 13 government, and we get more -- at least in my 14 area of the state, more complaints and more 15 questions about inspections of restaurants and 16 all sorts of establishments. And the question 17 that I know I'm going to get when I go back 18 home is that the actual bill says that the 19 reinspection is the thing that costs the $250. 20 So when the local department is 21 implementing this bill, they're going to start 22 charging $250 for the reinspection, which you 23 just said was free. So that's the problem I 24 have. 25 SENATOR KLEIN: The regulations

Candyco Transcription Service, Inc. 1 that are going to be promulgated by the State 2 Department of Health are going to actually 3 state all this. 4 SENATOR RANZENHOFER: Okay. But 5 is the reinspection then going to be free, not 6 $250. 7 SENATOR KLEIN: Correct. 8 SENATOR RANZENHOFER: Okay. Is 9 that going to be cleared up in the language of 10 the bill? 11 SENATOR KLEIN: Correct. And I 12 know, Senator, you have a concern and I know 13 Senator Hannon -- he's not here, but he raised 14 a cost to the local government. Which I 15 believe raising that is utter nonsense. 16 I mean, again, we are not changing 17 the way a locality does an inspection. We are 18 not requiring that the county hire any more 19 inspectors. We're not having them call in 20 experts to decide what an A or a B or a C is. 21 The only cost would be a cardboard, a piece of 22 cardboard which would have an A, a B, or a C 23 on it that you would post in your front 24 window. 25 SENATOR RANZENHOFER: I'm not

Candyco Transcription Service, Inc. 1 going to debate that point. I mean, I heard 2 the arguments -- 3 SENATOR KLEIN: But you did 4 mention that, you know, cost was a concern. 5 That's why I raised it. 6 SENATOR RANZENHOFER: It was a 7 concern. And quite frankly, through you, 8 Madam Chairman, again, having served in the 9 county for a while, I know when this 10 additional responsibility or mandate comes on 11 that, you know, they will have to put more 12 people on to do this type of work, especially 13 if you have hundreds and thousands of 14 restaurants in the community. 15 Now, they're doing the inspections 16 anyway. But I know what they're going to tell 17 me is that there is going to be more work for 18 them, and more cost. And again, that's not 19 the specific question that I had, and I 20 certainly heard the debate between you and 21 Senator Hannon. 22 But the debate that's going to 23 happen and the questions that are going to be 24 asked is the question on the reinspection. 25 Because you were saying -- and I guess it can

Candyco Transcription Service, Inc. 1 be cleared up later, but someone is going to 2 take out this page and what they're going to 3 say is, I know the intent is for the appeal to 4 be $250, but if they have this bill -- and, 5 you know, what's going to happen is they're 6 going to charge $250 for the reinspection and 7 then they're going to charge $250 for the 8 appeal. Even though it's your intent that it 9 not happen, but the bill says that. And 10 that's the concern that I have. 11 SENATOR KLEIN: Again, that will 12 be answered by the regulations that will be 13 promulgated by the State Department of Health. 14 Once again, the reason for this is 15 that the Restaurant Association at the time 16 wanted something that was going to be uniform. 17 SENATOR RANZENHOFER: Would you 18 consider cleaning up that language in the bill 19 to specify that the appeal costs $250 and the 20 reinspection is free? 21 SENATOR KLEIN: You know, again, 22 I'm pretty positive that when the Department 23 of Health promulgates these regulations, they 24 will be crystal clear. If we see, once this 25 law is implemented, there is a problem, I'm

Candyco Transcription Service, Inc. 1 always willing to come back and make an 2 amendment, Senator. 3 SENATOR RANZENHOFER: Thank you. 4 Thank you. 5 ACTING PRESIDENT SAVINO: Senator 6 Owen Johnson. 7 SENATOR OWEN JOHNSON: Thank you, 8 Madam President. I'd like to say a couple of 9 words about this bill and then ask a few 10 questions of Senator Klein. 11 The first question is, why is this 12 bill here? Maybe Senator Klein could respond 13 to that. Why is the bill here and what the 14 justification for this bill? What is the 15 crisis which makes every restaurant in the 16 State of New York or ever bakery, every pasta 17 place, every you name it -- everybody prepares 18 food anywhere, even the convenience store at a 19 gas station, everybody has to comply with all 20 these regulations. What is the crisis that 21 requires all this effort on the part of the 22 local health department and the State Health 23 Department? 24 ACTING PRESIDENT SAVINO: Senator 25 Johnson, are you asking Senator Klein to

Candyco Transcription Service, Inc. 1 yield? 2 SENATOR OWEN JOHNSON: Yes, I'm 3 asking him to yield. 4 ACTING PRESIDENT SAVINO: Senator 5 Klein, will you yield? 6 SENATOR OWEN JOHNSON: I asked 7 him before. 8 SENATOR KLEIN: Yes, Madam 9 President. 10 In answer to Senator Johnson's 11 question, the problem is the ever-increasing 12 numbers of foodborne illness. 13 And the other point that you raised 14 is, again, we're not mandating any more 15 serious way that an inspector inspects a food 16 facility or a restaurant. The only thing 17 we're showing is showing the public -- showing 18 the public educating the public -- about how 19 clean or how dirty their local eatery is. 20 That's it. 21 SENATOR OWEN JOHNSON: I'd like 22 to follow up to your statement with a 23 question. The question is -- through you, 24 Madam President. 25 ACTING PRESIDENT SAVINO: Senator

Candyco Transcription Service, Inc. 1 Klein, do you continue to yield? 2 SENATOR KLEIN: Yes, Madam 3 President. 4 SENATOR OWEN JOHNSON: Are these 5 letter designations now being used in New York 6 City? That's what I'm asking. 7 SENATOR KLEIN: The letter grades 8 will be A, B, and C. And again, it will be up 9 to the local health department or, for 10 counting that don't have a health department, 11 the Department of Health, based on their 12 grading system, their system that they use -- 13 everyone has, I guess, a different system -- 14 on what would qualify as an A, a B, or a C. 15 SENATOR OWEN JOHNSON: Yes. And 16 to follow up with a question, how large is the 17 sign? Where is it posted? On the front door? 18 SENATOR KLEIN: It has to be 19 posted in a prominent place at the entrance to 20 the restaurant. A prominent place. You know, 21 front window, front door. 22 And the rules then that will be 23 promulgated once this bill becomes law will be 24 by the Department of Health. They'll have the 25 size, the size of the lettering, I guess the

Candyco Transcription Service, Inc. 1 font. 2 SENATOR OWEN JOHNSON: I have 3 another question. 4 ACTING PRESIDENT SAVINO: Senator 5 Klein, do you continue to yield? 6 SENATOR KLEIN: Yes, Madam 7 President. 8 SENATOR OWEN JOHNSON: What kind 9 of paperwork is being mandated by the State 10 Health Department to be submitted to get the 11 grade? 12 SENATOR KLEIN: Absolutely none. 13 SENATOR OWEN JOHNSON: No? 14 Nothing? 15 SENATOR KLEIN: No. No. Again, 16 this is leaving it up to the local health 17 department to actually determine, you know, 18 what an A, what a B, what a C -- based on 19 their grading system. Again, I want to make 20 it clear, I'm not changing the way a local 21 health inspector goes in and inspects a 22 restaurant. 23 SENATOR JOHNSON: There must be 24 regulations stating how you determine -- it 25 can't be capricious and every town have a

Candyco Transcription Service, Inc. 1 different grading system. 2 SENATOR KLEIN: Right. And those 3 are the rules that are going to be promulgated 4 by the State Department of Health. 5 SENATOR OWEN JOHNSON: They'll 6 give us those regulations. 7 SENATOR KLEIN: Yes. 8 And actually, Senator, just to 9 follow up, local health departments, the way a 10 local health department inspects restaurants 11 in many cases is based on a statewide sanitary 12 code. 13 SENATOR OWEN JOHNSON: You know, 14 there's an expense to all this activity. And 15 you're going to include -- as far as I 16 understand, you're going to include 17 McDonald's, Kentucky Fried Chicken, a service 18 station with a convenience store in it. 19 Everybody is going to be regulated by this and 20 they're going to have to post all these signs. 21 And I think -- 22 SENATOR KLEIN: The McDonald's 23 you're correct about, but not the convenience 24 store. The convenience store is regulated by 25 the Department of Agriculture and Markets.

Candyco Transcription Service, Inc. 1 SENATOR OWEN JOHNSON: In other 2 words, so they wouldn't be covered in this? 3 SENATOR KLEIN: They will not. 4 SENATOR OWEN JOHNSON: And how 5 about IHOP, the pancake house? 6 SENATOR KLEIN: They would. 7 SENATOR OWEN JOHNSON: They would 8 be. 9 SENATOR KLEIN: Yes. 10 SENATOR OWEN JOHNSON: So some 11 would be and some wouldn't be. 12 SENATOR KLEIN: Well, no. 13 Restaurants, as defined in the legislation, 14 would actually, if a certain percentage of 15 your business is selling food, would be 16 covered. But in other words, a convenience 17 store or a grocery store, they're covered by 18 the State Department of Agriculture and 19 Markets. 20 Which, by the way, another piece of 21 legislation that I wrote years ago requires 22 supermarkets to post their most recent 23 inspection results. The law has been very, 24 very popular, has almost a hundred percent 25 compliance. And we didn't close down any, you

Candyco Transcription Service, Inc. 1 know, clean supermarkets by mistake. 2 Again, it's merely educating the 3 public, letting them know very clearly how 4 clean or how dirty their local eatery is and 5 allowing them to choose to go there if they 6 want or not go there if they choose not to. 7 SENATOR OWEN JOHNSON: Well, I 8 think you're mandating a lot more inspections 9 and procedures than presently exist in the 10 law, because every health inspector has to 11 send a report to Albany. That's a lot of 12 paperwork to send that up there. 13 SENATOR KLEIN: Senator, again, 14 I'm not mandating any more paperwork or any 15 more inspections. The only thing that we're 16 doing is presently everyone is entitled to an 17 inspection; some places do it every year, some 18 places do it every six months. The 19 reinspection, as was stated before, is free. 20 And then that third, which is really the 21 appeal, that's the one we're charging for. So 22 that may be the extra one, but we're doing 23 this only if a restaurant wants it or not. 24 Because I guess they want to be able to clear 25 up their good name.

Candyco Transcription Service, Inc. 1 SENATOR OWEN JOHNSON: Another 2 question for the Senator. 3 ACTING PRESIDENT SAVINO: Senator 4 Klein, do you continue to yield? 5 SENATOR KLEIN: Yes, Madam 6 President. 7 ACTING PRESIDENT SAVINO: Senator 8 Klein yields. 9 SENATOR OWEN JOHNSON: I am 10 unaware of any epidemic of foodborne illnesses 11 which mandates this type of a, what shall I 12 say, New York Statewide program. I'm unaware 13 of that. 14 SENATOR KLEIN: Well, one of the 15 problems with that, Senator, is in the City of 16 New York they do track foodborne illness, and 17 we've been seeing an increase each and every 18 year. It's also a very, very difficult type 19 of sickness to diagnose. It's hard to 20 pinpoint what exactly you ate and the food you 21 actually ate, what it had contact with that 22 caused you to get sick. 23 Unfortunately, the State Department 24 of Health does not track foodborne illness. 25 So it's hard to track how prevalent it is in

Candyco Transcription Service, Inc. 1 other parts of the state other than New York. 2 SENATOR OWEN JOHNSON: Well, you 3 know, one problem with the State of New York: 4 Too many rules, too many regulations, too many 5 expenses. And this is just, in my view, an 6 application, a statewide application of the 7 authority of the state costing more expense 8 and more money to deal with a problem which 9 really doesn't exist. 10 And for that reason, I certainly am 11 going to vote against this bill. Thank you. 12 ACTING PRESIDENT SAVINO: Senator 13 LaValle, on the bill. 14 SENATOR LaVALLE: Thank you, 15 Madam President. 16 Senator Klein, Suffolk County, as 17 you may know, is the largest county outside of 18 the five boroughs of the City of New York. I 19 would tell you that our health department in 20 Suffolk County is very, very active and very 21 overworked. When we put this on their agenda 22 of things to do, either other things that 23 they're doing now are going to have to give 24 way or more people are going to have to be 25 hired.

Candyco Transcription Service, Inc. 1 There is absolutely no way that our 2 health department can deal with all the things 3 they're dealing with and add this on top of 4 it. So you are adding a cost. 5 This is, as I read your bill -- and 6 I understand it goes into effect one year from 7 now so that people have an opportunity to gear 8 up. But this deals with safety and sanitation 9 of the premises and food-handling practices to 10 ensure compliance with state and local health 11 laws. 12 I will tell you that at least in 13 the early years that, when people see a grade 14 on a restaurant or a deli, they will think 15 that that has to do with the quality of the 16 food, you know, that they're going to get. So 17 a restaurant with an A grading, wow, their 18 food is very tasty, it's going to be very 19 good. It will take probably time before they 20 get into a mindset that it deals with sanitary 21 issues. 22 I would say -- and I kind of smile 23 as I read this, and just tell me if I'm 24 wrong -- one of the exemptions is mobile food 25 vending units. You know, some of the biggest

Candyco Transcription Service, Inc. 1 problems in my county that people complain 2 about are the mobile vending units. You talk 3 about sanitary conditions. 4 So we're going to pick on a 5 restaurant that has been in business for many 6 years -- and one of the things that I do, 7 Senator Klein, and I know you do, and other 8 members, you ask people in this economy: "How 9 you doing?" "Well, we're hanging on. We're 10 hanging on." I would say to you, in spite of 11 the fact that this doesn't take place for one 12 year, you are going to force out reputable 13 eateries throughout this state. 14 I don't know what the answer is. 15 But in Suffolk County right now the 16 sanitarians do a very aggressive job. But now 17 what you have at stake here is a letter, the 18 scarlet letter, that can put an eatery out of 19 business. 20 I would say to you that here again 21 we are putting in a law that is trying to get 22 to those in the minority of businesses that 23 don't do a good job, that are not careful. I 24 think our county does a tremendous job, an 25 absolutely tremendous job. I know some of the

Candyco Transcription Service, Inc. 1 sanitarians, I know how aggressive they are. 2 But I think this takes it one step over the 3 top. So at a time when I think we need to be 4 supporting small businesses and protecting 5 jobs, I think this is but another nail in the 6 demise of some reputable, long-serving 7 businesses. 8 Thank you, Madam President. 9 ACTING PRESIDENT SAVINO: Senator 10 Klein, to close. 11 SENATOR KLEIN: Thank you, Madam 12 President. 13 I heard a lot from my colleagues 14 from the other side of the aisle. 15 Unfortunately, I have the utmost respect for 16 them, but I think most of the arguments 17 opposed to this bill are either not true or 18 exaggerated. 19 I've been involved in this type of 20 issue for a long time. As I said earlier, I 21 wrote the law which requires supermarkets to 22 post their most recent inspection results. We 23 have seen failures in supermarkets go down 24 about 50 percent since the law took effect. 25 Originally, compliance was difficult, but now

Candyco Transcription Service, Inc. 1 we have virtually 100 percent compliance with 2 that law. 3 It's not too burdensome. It's 4 posted. Individuals like it because, again, I 5 think it's incumbent upon us as elected 6 officials, it's important for all of us to 7 always advocate transparency, education, 8 letting the public know. Which they certainly 9 have a right to know. 10 Senator LaValle went on and on 11 about the cost and the burden. Presently, 12 Suffolk County is one of the counties that 13 posts on an Internet site the inspection 14 results of restaurants. So what we're 15 actually doing is transferring what they 16 already do on the Internet, in case someone 17 doesn't go on the computer to look up their 18 restaurants, it will be posted -- the same 19 posting, the same work that went into 20 inspecting those restaurants, will now be in a 21 sign that's very easy to read and decipher by 22 customers. 23 Again, I also have been an elected 24 official now for 16 years. And I have dealt 25 with a lot of industries, dealt with a lot of

Candyco Transcription Service, Inc. 1 lobbyists. And I want to say I have never 2 dealt with an association that has been more 3 disingenuous than the State Restaurant 4 Association. 5 This legislation was something that 6 I worked on for the past year. The reason why 7 the City of New York implemented their law 8 before I got a chance to pass mine is because 9 I waited around negotiating with the state 10 Association, tried to get them the things that 11 the City of New York refused to do. And when 12 all of that is done, they still oppose this 13 bill. 14 I think we all have to ask the 15 question, what is the restaurant industry 16 trying to hide? If a restaurant is clean, you 17 take credit for it, increase your business. 18 If it's dirty, maybe you should fall by the 19 wayside. 20 So I think, really, a vote against 21 this piece of legislation is really a vote 22 against the public. It's denying the public 23 the opportunity to know how clean or how dirty 24 their local eatery is. 25 I vote yes, Madam President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Klein to be recorded in the affirmative. 3 Are there any other Senators that 4 wish to be heard? 5 Seeing none, the debate is closed. 6 The Secretary will ring the bells. 7 We ask all the members to return to the 8 chamber for the vote. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect one year after it shall 12 have become a law. 13 ACTING PRESIDENT SAVINO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT SAVINO: Senator 17 Fuschillo, to explain his vote. 18 SENATOR FUSCHILLO: Thank you, 19 Madam President. Just briefly. 20 I'm in the minority of the minority 21 now. And -- 22 SENATOR DIAZ: Come over! 23 (Laughter.) 24 SENATOR FUSCHILLO: No, thanks. 25 No, thanks.

Candyco Transcription Service, Inc. 1 Senator Klein, I agree with a lot 2 of the comments that were heard here today, 3 and I think they raise legitimate concerns 4 that during the year period that this becomes 5 law, you should address them and they should 6 be taken very seriously. 7 The public has a right to know, and 8 that's why I'm supporting this legislation, 9 Madam President. I think the sanitary 10 conditions of any food establishment is of the 11 utmost importance before I walk into a 12 restaurant. 13 Senator Klein, you mentioned the 14 Restaurant Association, and you stated what 15 are they afraid of, what do they have to hide, 16 why do they want to hide something. I worked 17 with them for many years when we developed the 18 Clean Indoor Air Act. I don't think they have 19 anything to hide. I think their concerns are 20 legitimate. 21 I think over the year, if this 22 becomes law -- I know the Assembly hasn't 23 passed it yet; I don't know if they will -- I 24 think you should work with the Restaurant 25 Association. I did for many years before we

Candyco Transcription Service, Inc. 1 adopted the Clean Indoor Air Act where we 2 banned smoking in restaurants. And I heard a 3 lot of the same concerns about the industry, 4 which was unfounded, and many of my colleagues 5 that are still here fought me for three or 6 four years on that bill. 7 But I will tell you, the Restaurant 8 Association was a tremendous asset to me. And 9 I hope that you'll see that they will be to 10 you as well as you move forward with this 11 legislation. 12 I'll be voting in the affirmative. 13 Thank you, Madam President. 14 ACTING PRESIDENT SAVINO: Senator 15 Fuschillo to be recorded in the affirmative. 16 Senator C. Johnson, to explain his 17 vote. 18 SENATOR CRAIG JOHNSON: Thank you 19 very much, Madam President. 20 I'm also going to be supporting 21 this legislation. And I think what's very 22 important is what Senator Klein is trying to 23 do here, as Senator Fuschillo mentioned, is 24 really inform the public. And this is just 25 another way.

Candyco Transcription Service, Inc. 1 Because today, it's very simple. 2 If someone wanted to, they could go into any 3 restaurant they may be eating in, walk in, 4 look around, realize there's a problem, take 5 out their BlackBerry, if they have one, take a 6 photograph, maybe a Facebook page or a Twitter 7 page, or go to one of the number of restaurant 8 websites, like Dining.com, Urban Spoon, 9 Chowhound, Zagat's, and put a review right 10 online and let people know about maybe some 11 unsanitary conditions. The public needs to 12 know this information. 13 What Senator Klein is doing is the 14 responsible thing in bringing in the 15 Department of Health, having them establish 16 standards, establishing a very simple system 17 which allows for review and allows for appeals 18 to enable the public the right to know that 19 the establishment they're going to spend their 20 money in and that they're going to eat food 21 from is sanitary. 22 What's wrong with that? What is 23 wrong with that? I don't see anything wrong 24 with that. I think counties, notwithstanding 25 the difficult times -- and I agree with

Candyco Transcription Service, Inc. 1 Senator Hannon that the county that we live in 2 and love, Nassau County, has its difficult 3 financial times. But at the same instant, the 4 residents who live in that county have a right 5 to know that the eating establishment where 6 they go is safe and healthy. 7 I vote yes. Thank you very much. 8 ACTING PRESIDENT SAVINO: Senator 9 Craig Johnson to be recorded in the 10 affirmative. 11 Senator Hannon, to explain his 12 vote. 13 SENATOR HANNON: At a point in 14 time when health departments on the state 15 level, health departments on the county level 16 are being asked to do things that affect life 17 and death, to impose a mandate, to impose a 18 mandate when the budget proposed by the 19 Governor cuts the State Health Department by 20 20 percent for administrative expenses, cuts 21 the money that's given to local health 22 departments, it is irresponsible to try to do 23 this when the priorities ought to be 24 elsewhere. 25 I vote no.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Hannon to be recorded in the negative. 3 Are there any other Senators 4 wishing to explain their vote? 5 Senator Klein, to explain his vote. 6 SENATOR KLEIN: Just very 7 briefly, Madam President. 8 I want to thank my colleagues 9 supporting the bill, specifically Senator 10 Fuschillo, and just say that one of the things 11 that I think is so important, I think we have 12 to get beyond, you know, the burden on a 13 county and the burden on a restaurant. We're 14 merely letting the public know in a very 15 transparent way what the grade they received 16 is in very plain language. 17 We're graded in schools, we're 18 graded on everything we do. And I think 19 something as important as the food we eat in a 20 restaurant should be subject to a letter grade 21 as well. 22 I vote yes, Madam President. 23 ACTING PRESIDENT SAVINO: Senator 24 Klein to be recorded in the affirmative. 25 Are there any other Senators

Candyco Transcription Service, Inc. 1 wishing to explain their vote? 2 Senator Marcellino. 3 SENATOR MARCELLINO: I agree with 4 what Senator Klein just said. I agree with my 5 other colleagues too. But the key element 6 here is that different counties interpret 7 these standards in different ways and inspect 8 for different things. So that a B on one side 9 of the street in County X could mean the same 10 as a C in County Y right across the street, 11 because they inspect for different things. 12 The standards aren't the same. 13 If you tell me across the county, 14 across the state all of the standards were the 15 same, that an A in Hamilton County means the 16 same thing as an A in Nassau or Suffolk 17 County, that's one thing. But that's not 18 what's going to happen here. They're going to 19 be different in each county because they 20 inspect for different things. The standard is 21 not uniform. 22 So we're adding to the confusion 23 and we're not adding to the knowledge that I 24 think Senator Klein wants to put out there, 25 which I agree with. We have a right to know

Candyco Transcription Service, Inc. 1 if a restaurant is clean or not. That's 2 perfectly good. But the standard has to be 3 uniform throughout the state. It is not 4 currently, and this law doesn't make it so. 5 Therefore, I will be voting no. 6 ACTING PRESIDENT SAVINO: Senator 7 Marcellino to be recorded in the negative. 8 Senator Alesi, to explain his vote. 9 SENATOR ALESI: Thank you, Madam 10 President. 11 Once again, I think that the intent 12 here is laudable, but it's impractical. This 13 is another example of New York State imposing 14 more and more rules and regulations that make 15 it difficult for businesses to exist and to 16 operate in New York State. 17 It's inconsistent, it will prove to 18 be a failure, and that's why I would give this 19 bill an F, a big F, and I'll be voting no. 20 ACTING PRESIDENT SAVINO: Senator 21 Alesi to be recorded in the negative. 22 Announce the results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 1120 are 25 Senators Alesi, Bonacic, DeFrancisco, Farley,

Candyco Transcription Service, Inc. 1 Flanagan, Golden, Griffo, Hannon, O. Johnson, 2 Lanza, Larkin, LaValle, Leibell, Libous, 3 Little, Marcellino, Maziarz, McDonald, 4 Nozzolio, Ranzenhofer, Robach, Saland, Seward, 5 Skelos, Stachowski, Volker, Winner and Young. 6 Absent from voting: Senator 7 Padavan. 8 Ayes, 32. Nays, 28. 9 ACTING PRESIDENT SAVINO: The 10 bill is passed. 11 Senator Klein, that completes the 12 reading of the controversial supplemental 13 calendar. 14 SENATOR KLEIN: Madam President, 15 can we just briefly return to motions and 16 resolutions. 17 ACTING PRESIDENT SAVINO: We will 18 return to motions and resolutions. 19 Senator Klein. 20 SENATOR KLEIN: On behalf of 21 Senator Stachowski, on page number 37 I offer 22 the following amendments to Calendar Number 23 1117, Senate Print Number 8092, and ask that 24 said bill retain its place on Third Reading 25 Calendar.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: So 2 ordered. 3 SENATOR KLEIN: On behalf of 4 Senator Breslin, on page number 25 I offer the 5 following amendments to Calendar Number 746, 6 Senate Print Number 1700A, and ask that said 7 bill retain its place on Third Reading 8 Calendar. 9 ACTING PRESIDENT SAVINO: So 10 ordered. 11 SENATOR KLEIN: On behalf of 12 Senator Schneiderman, I wish to call up Print 13 Number 6263B, recalled from the Assembly, 14 which is now at the desk. 15 ACTING PRESIDENT SAVINO: The 16 Secretary will read the title. 17 THE SECRETARY: Calendar Number 18 715, by Senator Schneiderman, Senate Print 19 6263B, an act to amend the Insurance Law. 20 ACTING PRESIDENT SAVINO: Senator 21 Klein. 22 SENATOR KLEIN: Madam President, 23 I now move to reconsider the vote by which 24 this bill was passed. 25 ACTING PRESIDENT SAVINO: The

Candyco Transcription Service, Inc. 1 Secretary will call the roll on 2 reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT SAVINO: Senator 6 Klein. 7 SENATOR KLEIN: Madam President, 8 I now offer the following amendments. 9 ACTING PRESIDENT SAVINO: 10 Amendments received. 11 SENATOR KLEIN: Madam President, 12 can we please stand at ease for one hour, to 13 come back at ten minutes after 9 o'clock. 14 ACTING PRESIDENT SAVINO: The 15 Senate will stand at ease until ten minutes 16 past 9:00 p.m. 17 SENATOR LIBOUS: Madam President. 18 ACTING PRESIDENT SAVINO: Senator 19 Libous. 20 SENATOR LIBOUS: Thank you. 21 There will be an immediate Republican 22 conference. 23 ACTING PRESIDENT SAVINO: There 24 will be an immediate meeting of the Republican 25 conference.

Candyco Transcription Service, Inc. 1 The Senate will stand at ease until 2 ten past 9:00. 3 (Whereupon, the Senate stood at 4 ease at 8:12 p.m.) 5 (Whereupon, the Senate reconvened 6 at 9:32 p.m.) 7 ACTING PRESIDENT SAVINO: Senator 8 Klein. 9 SENATOR KLEIN: Madam President, 10 there will be an immediate meeting of the 11 Rules Committee in the Majority Conference 12 Room. 13 Pending the return of the Rules 14 Committee, may we please stand at ease. 15 ACTING PRESIDENT SAVINO: There 16 will be an immediate meeting of the Rules 17 Committee in the Majority Conference Room. 18 Pending the return of the Rules 19 Committee, the Senate will stand at ease. 20 (Whereupon, the Senate stood at 21 ease at 9:33 p.m.) 22 (Whereupon, the Senate reconvened 23 at 10:12 p.m.) 24 ACTING PRESIDENT SAVINO: Senator 25 Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Madam President, 2 I believe there's a report of the Rules 3 Committee at the desk. I move that we adopt 4 the Rules Committee report at this time. 5 ACTING PRESIDENT SAVINO: There 6 is a report of the Rules Committee at the 7 desk, Senator Klein. 8 The Secretary will read. 9 THE SECRETARY: Senator Smith, 10 from the Committee on Rules, reports the 11 following bills: 12 Senate Print 557C, by Senator 13 Adams, an act to amend the Personal Property 14 Law; 15 2768B, by Senator Onorato, an act 16 to authorize; 17 4955B, by Senator Thompson, an act 18 to amend the Executive Law; 19 5421, by Senator Sampson, an act to 20 amend the Family Court Act; 21 6103, by Senator Parker, an act to 22 amend the Public Health Law; 23 6706, by Senator Padavan, an act to 24 amend Chapter 548 of the Laws of 2004; 25 6918B, by Senator Breslin, an act

Candyco Transcription Service, Inc. 1 to amend the Environmental Conservation Law; 2 7187, by Senator Parker, an act to 3 amend the Public Health Law; 4 7190, by Senator Stewart-Cousins, 5 an act to provide; 6 7269A, by Senator Parker, an act to 7 establish; 8 7609A, by Senator Peralta, an act 9 to amend the General Business Law; 10 7687B, by Senator Parker, an act to 11 amend the Public Service Law; 12 7979, by Senator Parker, an act to 13 amend the Public Authorities Law; 14 8096, by Senator Perkins, an act to 15 amend the General Business Law; 16 8244, by Senator Libous, an act to 17 amend the Alcoholic Beverage Control Law; 18 8272, by Senator Aubertine, an act 19 to amend Chapter 522 of the Laws of 2000; 20 8296A, by Senator Parker, an act to 21 amend the General Municipal Law; 22 8298, by Senator Sampson, an act to 23 amend the Estates, Powers and Trusts Law; 24 8305, by Senator Aubertine, an act 25 to amend the Alcoholic Beverage Control Law;

Candyco Transcription Service, Inc. 1 And Senate Print 8308, by Senator 2 Foley, an act to amend the Executive Law. 3 All bills ordered direct to third 4 reading. 5 ACTING PRESIDENT SAVINO: All 6 those in favor of adopting the Rules Committee 7 report please signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT SAVINO: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT SAVINO: The 13 Rules Committee report is adopted. 14 Senator Klein. 15 SENATOR KLEIN: Madam President, 16 at this time can we please go to a reading of 17 the supplemental calendar. 18 ACTING PRESIDENT SAVINO: The 19 Secretary will read. 20 THE SECRETARY: In relation to 21 Calendar Number 1180, Senator Adams moves to 22 discharge, from the Committee on Rules 23 Assembly Bill Number 3083E and substitute it 24 for the identical Senate Bill Number 557C, 25 Third Reading Calendar 1180.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: 2 Substitution ordered. 3 THE SECRETARY: Calendar Number 4 1180, by Member of the Assembly Pheffer, 5 Assembly Print Number 3083E, an act to amend 6 the Personal Property Law. 7 ACTING PRESIDENT SAVINO: Read 8 the last section. 9 THE SECRETARY: Section 11. This 10 act shall take effect on the 180th day. 11 ACTING PRESIDENT SAVINO: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT SAVINO: 15 Announce the results. 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT SAVINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1182, by Senator Onorato, Senate Print 2768B, 21 an act to authorize the City of New York. 22 ACTING PRESIDENT SAVINO: There 23 is a home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 5. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT SAVINO: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT SAVINO: 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1182 are 9 Senators DeFrancisco, Farley, Golden, Hannon, 10 Larkin, LaValle, Libous, Little, Marcellino, 11 Ranzenhofer, Seward, Skelos, Volker and Young. 12 Also Senator Saland. Also Senator Nozzolio. 13 Ayes, 45. Nays, 16. 14 ACTING PRESIDENT SAVINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1190, by Senator Thompson, Senate Print 4955B, 18 an act to amend the Executive Law. 19 ACTING PRESIDENT SAVINO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT SAVINO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Lay it aside. 2 ACTING PRESIDENT SAVINO: The 3 bill is laid aside. 4 THE SECRETARY: In relation to 5 Calendar Number 1191, Senator Sampson moves to 6 discharge, from the Committee on Children and 7 Families, Assembly Bill Number 1870A and 8 substitute it for the identical Senate Bill 9 Number 5421, Third Reading Calendar 1191. 10 ACTING PRESIDENT SAVINO: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 1191, by Member of the Assembly Pheffer, 14 Assembly Print Number 1870A, an act to amend 15 the Family Court Act. 16 ACTING PRESIDENT SAVINO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 90th day. 20 ACTING PRESIDENT SAVINO: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT SAVINO: 24 Announce the results. 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 bill is passed. 3 THE SECRETARY: In relation to 4 Calendar Number 1192, Senator Parker moves to 5 discharge, from the Committee on Health, 6 Assembly Bill Number 2358 and substitute it 7 for the identical Senate Bill Number 6103, 8 Third Reading Calendar 1192. 9 ACTING PRESIDENT SAVINO: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 1192, by Member of the Assembly Gottfried, 13 Assembly Print Number 2358, an act to amend 14 the Public Health Law. 15 ACTING PRESIDENT SAVINO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT SAVINO: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT SAVINO: 23 Announce the results. 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT SAVINO: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: In relation to 3 Calendar Number 1193, Senator Padavan moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 9789 and substitute it 6 for the identical Senate Bill Number 6706, 7 Third Reading Calendar 1193. 8 ACTING PRESIDENT SAVINO: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 1193, by Member of the Assembly Lentol, 12 Assembly Print Number 9789, an act to amend 13 Chapter 548 of the Laws of 2004. 14 ACTING PRESIDENT SAVINO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT SAVINO: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT SAVINO: 22 Announce the results. 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT SAVINO: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1194, by Senator Breslin, Senate Print 6918B, 3 an act to amend the Environmental Conservation 4 Law. 5 ACTING PRESIDENT SAVINO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SAVINO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT SAVINO: 13 Announce the results. 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT SAVINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1195, by Senator Parker, Senate Print 7187, an 19 act to amend the Public Health Law and others. 20 ACTING PRESIDENT SAVINO: Read 21 the last section. 22 THE SECRETARY: Section 7. This 23 act shall take effect immediately. 24 ACTING PRESIDENT SAVINO: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT SAVINO: 3 Announce the results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT SAVINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1196, by Senator Stewart-Cousins, Senate Print 9 7190 -- 10 SENATOR LIBOUS: Lay the bill 11 aside. 12 ACTING PRESIDENT SAVINO: The 13 bill is laid aside. 14 THE SECRETARY: In relation to 15 Calendar Number 1197, Senator Parker moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 275A and substitute it 18 for the identical Senate Bill Number 7269A, 19 Third Reading Calendar 1197. 20 ACTING PRESIDENT SAVINO: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 1197, by Member of the Assembly Pheffer, 24 Assembly Print Number 275A -- 25 SENATOR KLEIN: Lay the bill

Candyco Transcription Service, Inc. 1 aside for the day, please. 2 ACTING PRESIDENT SAVINO: The 3 bill is laid aside for the day. 4 THE SECRETARY: In relation to 5 Calendar Number 1198, Senator Peralta moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 11007A and substitute it 8 for the identical Senate Bill Number 7609A, 9 Third Reading Calendar 1198. 10 ACTING PRESIDENT SAVINO: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 1198, by Member of the Assembly Pheffer, 14 Assembly Print Number 11007A, an act to amend 15 the General Business Law. 16 ACTING PRESIDENT SAVINO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first of January. 20 ACTING PRESIDENT SAVINO: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT SAVINO: 24 Announce the results. 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1199, by Senator Parker, Senate Print 7687B, 5 an act to amend the Public Service Law. 6 ACTING PRESIDENT SAVINO: The 7 bill is high. The bill is laid aside for the 8 day. 9 THE SECRETARY: In relation to 10 Calendar Number 1200, Senator Parker moves to 11 discharge, from the Committee on Corporations, 12 Authorities and Commissions, Assembly Bill 13 Number 247 and substitute it for the identical 14 Senate Bill Number 7979, Third Reading 15 Calendar 1200. 16 ACTING PRESIDENT SAVINO: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 1200, by Member of the Assembly Magnarelli, 20 Assembly Print Number 247, an act to amend the 21 Public Authorities Law. 22 ACTING PRESIDENT SAVINO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT SAVINO: 5 Announce the results. 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT SAVINO: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1201, Senator Perkins moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 7078A and substitute it 13 for the identical Senate Bill Number 8096, 14 Third Reading Calendar 1201. 15 ACTING PRESIDENT SAVINO: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 1201, by Member of the Assembly Rosenthal, 19 Assembly Print Number 7078A, an act to amend 20 the General Business Law. 21 ACTING PRESIDENT SAVINO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 180th day. 25 ACTING PRESIDENT SAVINO: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT SAVINO: 4 Announce the results. 5 THE SECRETARY: Ayes, 60. Nays, 6 1. Senator DeFrancisco recorded in the 7 negative. 8 ACTING PRESIDENT SAVINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1202, by Senator Libous, Senate Print 8244, an 12 act to amend the Alcoholic Beverage Control 13 Law. 14 ACTING PRESIDENT SAVINO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT SAVINO: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT SAVINO: 22 Announce the results. 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT SAVINO: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: In relation to 2 Calendar Number 1203, Senator Aubertine moves 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 11097 and substitute it 5 for the identical Senate Bill Number 8272, 6 Third Reading Calendar 1203. 7 ACTING PRESIDENT SAVINO: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 1203, by Member of the Assembly Gordon, 11 Assembly Print Number 11097, an act to amend 12 Chapter 522 of the Laws of 2000. 13 ACTING PRESIDENT SAVINO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT SAVINO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT SAVINO: 21 Announce the results. 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT SAVINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1204, by Senator Parker, Senate Print 8296A, 2 an act to amend the General Municipal Law and 3 the Banking Law. 4 ACTING PRESIDENT SAVINO: This 5 bill is high. It will be laid aside for the 6 day. 7 THE SECRETARY: In relation to 8 Calendar Number 1205, Senator Sampson moves to 9 discharge, from the Committee on Rules, 10 Assembly Bill Number 11316 and substitute it 11 for the identical Senate Bill Number 8298, 12 Third Reading Calendar 1205. 13 ACTING PRESIDENT SAVINO: 14 Substitution ordered. 15 THE SECRETARY: Calendar Number 16 1205, by the Assembly Committee on Rules, 17 Assembly Print Number 11316, an act to amend 18 the Estates, Powers and Trusts Law. 19 ACTING PRESIDENT SAVINO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT SAVINO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: 2 Announce the results. 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT SAVINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1206, by Senator Aubertine, Senate Print 8305, 8 an act to amend the Alcoholic Beverage Control 9 Law. 10 ACTING PRESIDENT SAVINO: This 11 bill is high. It will be laid aside for the 12 day. 13 THE SECRETARY: In relation to 14 Calendar Number 1207, Senator Foley moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 11087 and substitute it 17 for the identical Senate Bill Number 8308, 18 Third Reading Calendar 1207. 19 ACTING PRESIDENT SAVINO: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 1207, by Member of the Assembly Ramos, 23 Assembly Print Number 11087, an act to amend 24 the Executive Law. 25 ACTING PRESIDENT SAVINO: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT SAVINO: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT SAVINO: 8 Announce the results. 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT SAVINO: The 11 bill is passed. 12 Senator Klein, that completes the 13 reading of the noncontroversial supplemental 14 calendar. 15 SENATOR KLEIN: Madam President, 16 at this time can we please go to a reading of 17 the controversial calendar. 18 ACTING PRESIDENT SAVINO: The 19 Secretary will please ring the bells. 20 The Secretary will proceed with the 21 reading of the controversial supplemental 22 calendar. 23 THE SECRETARY: Calendar Number 24 1190, by Senator Thompson, Senate Print 4955B, 25 an act to amend the Executive Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Are 2 there any Senators wishing to be heard? 3 Senator Thompson. 4 SENATOR THOMPSON: Just to 5 explain my vote. I was looking forward to 6 some -- 7 ACTING PRESIDENT SAVINO: Senator 8 Thompson, we are not on the roll call yet. 9 When we do the roll call, you can explain your 10 vote. 11 SENATOR LIBOUS: Madam President. 12 ACTING PRESIDENT SAVINO: Senator 13 Libous. 14 SENATOR LIBOUS: I believe 15 Senator LaValle would like to withdraw the 16 lay-aside on Calendar Number 1190 and take it 17 back up noncontroversial. 18 ACTING PRESIDENT SAVINO: The 19 lay-aside is withdrawn on Calendar Number 20 1190. It's restored to the noncontroversial 21 calendar. 22 The Secretary will read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT SAVINO: 5 Announce the results. 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT SAVINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1196, by Senator Stewart-Cousins, Senate Print 11 7190 -- 12 SENATOR KLEIN: Lay the bill 13 aside for the day, please. 14 ACTING PRESIDENT SAVINO: The 15 bill is laid aside for the day. 16 Senator Klein, that completes the 17 reading of the controversial supplemental 18 calendar. 19 THE SECRETARY: Madam President, 20 at this time can we please go to a reading of 21 supplemental active list. 22 ACTING PRESIDENT SAVINO: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 1093, by Senator L. Krueger, Senate Print

Candyco Transcription Service, Inc. 1 6873B, an act to amend the Multiple Dwelling 2 Law and the Administrative Code of the City of 3 New York. 4 ACTING PRESIDENT SAVINO: Read 5 the last section. 6 THE SECRETARY: Section 8. This 7 act shall take effect -- 8 SENATOR LIBOUS: Lay it aside. 9 ACTING PRESIDENT SAVINO: The 10 bill is laid aside. 11 Senator Klein. 12 SENATOR KLEIN: Madam President, 13 can we please go to a controversial reading of 14 the supplemental calendar. 15 ACTING PRESIDENT SAVINO: The 16 Secretary will proceed with a reading of the 17 controversial supplemental calendar. 18 THE SECRETARY: Calendar Number 19 1093, by Senator L. Krueger, Senate Print 20 6873B, an act to amend the Multiple Dwelling 21 Law and the Administrative Code of the City of 22 New York. 23 ACTING PRESIDENT SAVINO: Are 24 there any Senators wishing to be heard on the 25 bill?

Candyco Transcription Service, Inc. 1 Seeing none, the debate is closed. 2 The Secretary will ring the bells. 3 Read the last section. 4 THE SECRETARY: Section 8. This 5 act shall take effect immediately. 6 ACTING PRESIDENT SAVINO: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT SAVINO: 10 Announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1093 are 13 Senators Alesi, Bonacic, DeFrancisco, Farley, 14 Flanagan, Fuschillo, Golden, Griffo, Hannon, 15 O. Johnson, Lanza, Larkin, LaValle, Leibell, 16 Libous, Little, Marcellino, Maziarz, McDonald, 17 Nozzolio, Ranzenhofer, Robach, Saland, Seward, 18 Skelos, Volker, Winner and Young. 19 Absent from voting: Senator 20 Padavan. 21 Ayes, 32. Nays, 28. 22 ACTING PRESIDENT SAVINO: The 23 bill is passed. 24 Senator Klein. 25 SENATOR KLEIN: Madam President,

Candyco Transcription Service, Inc. 1 at this time can we please go to a reading of 2 Supplemental Active List Number 2. 3 ACTING PRESIDENT SAVINO: The 4 Secretary will proceed with the reading of 5 Supplemental Active List Number 2. 6 THE SECRETARY: Calendar Number 7 5, by Member of the Assembly Magnarelli, 8 Assembly Print Number 8462A, an act to amend 9 the Executive Law. 10 ACTING PRESIDENT SAVINO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT SAVINO: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT SAVINO: 18 Announce the results. 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT SAVINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 91, substituted earlier today by Member of the 24 Assembly Amedore, Assembly Print Number 8199B, 25 an act to authorize New Creation.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT SAVINO: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT SAVINO: 9 Announce the results. 10 THE SECRETARY: Ayes, 59. Nays, 11 2. Senators Bonacic and Larkin recorded in 12 the negative. 13 ACTING PRESIDENT SAVINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 185, by Senator Duane, Senate Print 1523A, an 17 act to amend the Domestic Relations Law. 18 ACTING PRESIDENT SAVINO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT SAVINO: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT SAVINO:

Candyco Transcription Service, Inc. 1 Senator DeFrancisco, to explain his vote. 2 SENATOR DeFRANCISCO: Yes, I'm 3 going to vote no on this bill. 4 This provides for adoption by 5 permitting two unmarried persons, adult 6 intimate partners, to adopt a child. I have 7 no clue, since the bill does not say anything 8 about it, what the definition of "intimate 9 partners" are. 10 I would think that if we're going 11 to make a category of individuals that could 12 adopt children that are not husband and wife, 13 it would seem to me that category of 14 individuals should be sufficiently defined. 15 "Intimate" means different things to different 16 people. In fact, to our former president, sex 17 means different things to different people. 18 So I think we have to truly have a 19 definition in order to provide a new right, 20 and I vote no for that reason. 21 ACTING PRESIDENT SAVINO: Senator 22 DeFrancisco to be recorded in the negative. 23 Announce the results. 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 185 are

Candyco Transcription Service, Inc. 1 Senators Aubertine, Bonacic, DeFrancisco, 2 Farley, Golden, Griffo, Hannon, O. Johnson, 3 Larkin, Leibell, Libous, Maziarz, McDonald, 4 Nozzolio, Ranzenhofer, Saland, Seward, Skelos, 5 Volker and Young. Also Senator Diaz. 6 Ayes, 40. Nays, 21. 7 ACTING PRESIDENT SAVINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 188, by Member of the Assembly O'Donnell, 11 Assembly Print Number 5537A, an act to amend 12 the Penal Law and others. 13 ACTING PRESIDENT SAVINO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT SAVINO: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT SAVINO: 21 Announce the results. 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT SAVINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 276, by Senator Maziarz, Senate Print 4835, an 2 act to refund taxpayers. 3 ACTING PRESIDENT SAVINO: Read 4 the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 ACTING PRESIDENT SAVINO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT SAVINO: 11 Announce the results. 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT SAVINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 415, by Senator Schneiderman, Senate Print 17 4394B, an act to amend the Penal Law. 18 ACTING PRESIDENT SAVINO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 30th day. 22 ACTING PRESIDENT SAVINO: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT SAVINO:

Candyco Transcription Service, Inc. 1 Senator DeFrancisco, to explain his vote. 2 SENATOR DeFRANCISCO: For the 3 same reasons that I've voted against all of 4 these bills, the sponsor's establishing 5 special categories of people who are victims 6 that result in assault being increased to an 7 assault in the second degree. 8 Once again, we've got, in this 9 case, New York City sanitation workers. I'm 10 not quite sure what's so special about 11 New York City sanitation workers. There's 12 sanitation workers in every city in the state 13 of New York. Do they hurt more when they get 14 hit in New York City if you're a sanitation 15 worker? 16 I don't quite get this concept 17 other than it's pandering to different groups, 18 and there should be an assault second bill or 19 a bill that applies equally to everyone no 20 matter who the victim happens to be. 21 ACTING PRESIDENT SAVINO: Senator 22 DeFrancisco to be recorded in the negative. 23 Announce the results. 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 415 are

Candyco Transcription Service, Inc. 1 Senators DeFrancisco, O. Johnson, Libous, 2 Little and Ranzenhofer. 3 Ayes, 56. Nays, 5. 4 ACTING PRESIDENT SAVINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 747, by Senator Breslin -- 8 SENATOR KLEIN: Lay the bill 9 aside for the day, please. 10 ACTING PRESIDENT SAVINO: The 11 bill is laid aside for the day. 12 THE SECRETARY: Calendar Number 13 799, by Senator Oppenheimer, Senate Print 14 7818, an act to amend Chapter 386 of the Laws 15 of 1996. 16 ACTING PRESIDENT SAVINO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT SAVINO: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT SAVINO: 24 Announce the results. 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 865, by Member of the Assembly Gottfried, 5 Assembly Print Number 1719A, an act to amend 6 the Public Health Law. 7 ACTING PRESIDENT SAVINO: Read 8 the last section. 9 THE SECRETARY: Section 20. This 10 act shall take effect on the 180th day. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT SAVINO: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT SAVINO: 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 865 are 19 Senators Farley, Golden, O. Johnson, Lanza, 20 Leibell, McDonald, Nozzolio, Saland and 21 Volker. 22 Ayes, 52. Nays, 9. 23 ACTING PRESIDENT SAVINO: The 24 bill is passed. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc. 1 Calendar Number 865, Senator Nozzolio recorded 2 in the affirmative. 3 Ayes, 53. Nays, 8. 4 ACTING PRESIDENT SAVINO: The 5 bill is still passed. 6 THE SECRETARY: Calendar Number 7 879, by the Assembly Committee on Rules, 8 Assembly Print Number 11343, an act to amend 9 Chapter 545 of the Laws of 2003. 10 ACTING PRESIDENT SAVINO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT SAVINO: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT SAVINO: 18 Announce the results. 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT SAVINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 917, by Member of the Assembly Alessi, 24 Assembly Print Number 10718, an act to amend 25 Chapter 246 of the Laws of 1916.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT SAVINO: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT SAVINO: 9 Announce the results. 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT SAVINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 942, by Senator Hannon, Senate Print 7403, an 15 act to authorize the Hebrew Academy of 16 Nassau County. 17 ACTING PRESIDENT SAVINO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT SAVINO: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT SAVINO: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 59. Nays, 2 2. Senators Bonacic and Larkin recorded in 3 the negative. 4 ACTING PRESIDENT SAVINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 944, by Senator Duane -- 8 SENATOR KLEIN: Lay the bill 9 aside for the day, please. 10 ACTING PRESIDENT SAVINO: The 11 bill is laid aside for the day. 12 Senator Klein, that completes the 13 reading of the noncontroversial Supplemental 14 Active List 2. 15 SENATOR KLEIN: Madam President, 16 can we briefly go back to motions and 17 resolutions. 18 ACTING PRESIDENT SAVINO: 19 Returning to motions and resolutions. 20 SENATOR KLEIN: Madam President, 21 on behalf of Senator Foley, on page 36 I offer 22 the following amendments to Calendar 1021, 23 Senate Print Number 7263A, and ask that said 24 bill retain its place on Third Reading 25 Calendar.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: So 2 ordered. 3 SENATOR KLEIN: On behalf of 4 Senator Oppenheimer, I move to amend Senate 5 Bill 7635A by striking out the amendments made 6 on 6/22 and restoring it to its original print 7 number, 7635. 8 ACTING PRESIDENT SAVINO: So 9 ordered. 10 SENATOR KLEIN: Madam President, 11 can you please recognize Senator Libous. 12 ACTING PRESIDENT SAVINO: I do 13 recognize Senator Libous. 14 SENATOR KLEIN: Madam President, 15 thank you. And I recognize you. 16 There will be a Republican 17 conference tomorrow morning at 9:30 sharp. 18 ACTING PRESIDENT SAVINO: There 19 will be a Republican conference tomorrow at 20 9:30 sharp. 21 Senator Klein. 22 SENATOR KLEIN: Madam President, 23 is there any further business at the desk? 24 ACTING PRESIDENT SAVINO: There 25 is no further business to come before the

Candyco Transcription Service, Inc. 1 desk, Senator Klein. 2 SENATOR KLEIN: There being no 3 further business, Madam President, I move that 4 we adjourn until Friday, June 25th, at 5 10:00 a.m. 6 ACTING PRESIDENT SAVINO: One 7 moment, Senator Klein. 8 SENATOR KLEIN: Madam President, 9 would you please recognize Senator 10 Hassell-Thompson. 11 ACTING PRESIDENT SAVINO: And I 12 recognize Senator Hassell-Thompson as well. 13 SENATOR HASSELL-THOMPSON: Thank 14 you, Madam President. 15 There will be a very prompt meeting 16 of the Senate Majority at 9:00 a.m. in the 17 morning. Thank you, ma'am. 18 ACTING PRESIDENT SAVINO: There 19 will be a prompt meeting of the Senate 20 Majority at 9ish tomorrow morning. 21 (Laughter.) 22 ACTING PRESIDENT SAVINO: Would 23 that be Italian time or New York State time? 24 (Laughter.) 25 ACTING PRESIDENT SAVINO: Senator

Candyco Transcription Service, Inc. 1 Klein, there being no further business to come 2 before the Senate, on motion, the Senate 3 stands adjourned until Friday, June 25th, at 4 10:00 a.m. 5 (Whereupon, at 10:50 p.m., the 6 Senate adjourned.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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