Monday, March 7, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 7, 2011 11 3:14 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN J. FLANAGAN, Acting President 19 FRANCIS W. PATIENCE, 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 FLANAGAN: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and repeat the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT FLANAGAN: In 9 the absence of clergy, I would ask that we all 10 bow our heads in a moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT FLANAGAN: 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Sunday, March 6, the Senate met pursuant to 17 adjournment. The Journal of Saturday, 18 March 5, was read and approved. On motion, 19 Senate adjourned. 20 ACTING PRESIDENT FLANAGAN: 21 Without objection, the Journal stands approved 22 as read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

Candyco Transcription Service, Inc. 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Libous. 7 SENATOR LIBOUS: Thank you, 8 Mr. President. 9 I believe that Senator Skelos has a 10 privileged resolution at the desk. I ask that 11 we have the title read and move for its 12 immediate adoption. 13 ACTING PRESIDENT FLANAGAN: The 14 Secretary will read. 15 THE SECRETARY: By Senator 16 Skelos, legislative resolution commemorating 17 the 100th Anniversary of the Village of 18 Lynbrook. 19 ACTING PRESIDENT FLANAGAN: The 20 question is on the resolution. All those in 21 please signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT FLANAGAN: 24 Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: The 2 resolution is adopted. 3 Senator Libous. 4 SENATOR LIBOUS: Thank you, 5 Mr. President. 6 I believe there is another 7 privileged resolution at the desk by Senator 8 Peralta. May we please have the title read 9 and move for its immediate adoption. 10 ACTING PRESIDENT FLANAGAN: The 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Peralta, legislative resolution commemorating 14 the 60th Anniversary of the East 15 Elmhurst-Corona Civic Association. 16 ACTING PRESIDENT FLANAGAN: The 17 question is on the resolution. All those in 18 favor signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT FLANAGAN: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT FLANAGAN: The 24 resolution is adopted. 25 Senator Libous.

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Mr. President, 2 at this time I'd like to take up the 3 noncontroversial calendar, please. 4 ACTING PRESIDENT FLANAGAN: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 65, by Senator Bonacic, Senate Print 2141, an 8 act to amend the Penal Law. 9 ACTING PRESIDENT FLANAGAN: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT FLANAGAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 54. 18 ACTING PRESIDENT FLANAGAN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 80, by Senator Fuschillo -- 22 SENATOR BRESLIN: Lay it aside. 23 ACTING PRESIDENT FLANAGAN: The 24 bill is laid aside. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 96, by Senator Hannon, Senate Print 1920, an 2 act to amend the Real Property Tax Law. 3 ACTING PRESIDENT FLANAGAN: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FLANAGAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 54. 11 ACTING PRESIDENT FLANAGAN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 110, by Senator Perkins, Senate Print 1365, an 15 act to amend the Penal Law. 16 ACTING PRESIDENT FLANAGAN: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first of 20 November. 21 ACTING PRESIDENT FLANAGAN: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 54. 25 ACTING PRESIDENT FLANAGAN: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 113, by Senator Skelos, Senate Print 1999, an 4 act to amend the Criminal Procedure Law. 5 ACTING PRESIDENT FLANAGAN: Read 6 the last section. 7 THE SECRETARY: Section 6. This 8 act shall take effect on the first of 9 November. 10 ACTING PRESIDENT FLANAGAN: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 53. Nays, 14 1. Senator Perkins recorded in the negative. 15 ACTING PRESIDENT FLANAGAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 114, by Senator Flanagan, Senate Print 2476, 19 an act to amend the Penal Law. 20 ACTING PRESIDENT FLANAGAN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT FLANAGAN: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 54. 3 ACTING PRESIDENT FLANAGAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 116, by Senator Saland, Senate Print 2599, an 7 act to amend the Penal Law. 8 ACTING PRESIDENT FLANAGAN: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of 12 November. 13 ACTING PRESIDENT FLANAGAN: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 54. 17 ACTING PRESIDENT FLANAGAN: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 118, by Senator Addabbo, Senate Print 1247, an 21 act to amend the Labor Law. 22 ACTING PRESIDENT FLANAGAN: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 54. 5 ACTING PRESIDENT FLANAGAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 123, by Senator Fuschillo, Senate Print 1998, 9 an act to amend the Judiciary Law. 10 ACTING PRESIDENT FLANAGAN: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 60th day. 14 ACTING PRESIDENT FLANAGAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 54. 18 ACTING PRESIDENT FLANAGAN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 134, by Senator Bonacic, Senate Print 3100, an 22 act to amend the Vehicle and Traffic Law. 23 ACTING PRESIDENT FLANAGAN: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT FLANAGAN: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 55. 6 ACTING PRESIDENT FLANAGAN: The 7 bill is passed. 8 Senator Libous, that completes the 9 noncontroversial reading of the calendar. 10 SENATOR LIBOUS: Mr. President, 11 in one moment we're going to go to the 12 controversial reading of the calendar. 13 I believe that moment has come, and 14 we will do it now. 15 ACTING PRESIDENT FLANAGAN: Thank 16 you, Senator Libous. 17 May we have the reading of the 18 controversial portion of the calendar. 19 THE SECRETARY: Calendar Number 20 80, by Senator Fuschillo, Senate Print 525, an 21 act to amend the General Business Law. 22 SENATOR SQUADRON: Explanation. 23 ACTING PRESIDENT FLANAGAN: 24 Senator Fuschillo, an explanation has been 25 asked for.

Candyco Transcription Service, Inc. 1 SENATOR FUSCHILLO: Thank you 2 very much, Mr. President. Who had asked for 3 the explanation? 4 ACTING PRESIDENT FLANAGAN: 5 Senator Squadron requested the explanation. 6 SENATOR FUSCHILLO: Okay. 7 Senator, the original Itinerant Vendor Bill 8 was adopted in 1995. And in dealing with -- 9 when I chaired Consumer Protection for 10 10 years in the Senate, and dealing with the 11 Retail Council and law enforcement 12 authorities, they were concerned about certain 13 products that were still being sold 14 essentially on a black market, as they called 15 it, in flea markets, such as baby products and 16 other products that they feel could be 17 contaminated when they're not properly 18 refrigerated or taken care of, and there were 19 some other items there as well. 20 And as a result of dealing with law 21 enforcement and the Retail Council for a 22 number of years, this bill came out of 23 discussions with that to further protect the 24 public. 25 SENATOR SQUADRON: Thank you for

Candyco Transcription Service, Inc. 1 the explanation. 2 Will Senator Fuschillo yield for a 3 question. 4 ACTING PRESIDENT FLANAGAN: 5 Senator Fuschillo, will you yield to a 6 question by Senator Squadron? 7 SENATOR FUSCHILLO: I'd be happy 8 to. 9 SENATOR SQUADRON: Senator 10 Fuschillo, first of all, I think it's an 11 admirable point, and certainly some of the 12 items in here I think do need to be regulated 13 and the law does need to be updated. 14 I would ask, though, it's a pretty 15 broad set of prohibitions, including herbal 16 products, dietary supplements, botanical 17 extracts, vitamins. For those items, what's 18 the definition of those items? Does it exist 19 elsewhere in the law, or is there another way 20 that as a Legislature we can direct to 21 understand that? 22 SENATOR FUSCHILLO: In answer to 23 your question, we got that from the Retail 24 Council many years ago as we were negotiating 25 this with the Assembly. That is in the

Candyco Transcription Service, Inc. 1 federal law, and that's how they clearly 2 define some of these languages which we're 3 going to try to adopt in state law. 4 We're not at it yet, we're not at 5 an agreement, Senator, with the Assembly. I'd 6 be happy to work with you to clarify any 7 questions you may have, or any ambiguity in 8 language here, because I think this is too 9 important for the public's concern as a 10 consumer protection issue that the Assembly 11 doesn't take this up. I'll be happy to work 12 with you in further talks and negotiations. 13 SENATOR SQUADRON: Through you, 14 Mr. President, one final question, if Senator 15 Fuschillo will yield. 16 ACTING PRESIDENT FLANAGAN: 17 Senator Fuschillo, will you continue to yield? 18 SENATOR FUSCHILLO: Yes. 19 ACTING PRESIDENT FLANAGAN: 20 Senator Squadron. 21 SENATOR SQUADRON: Thank you. 22 And I appreciate that offer, and I look 23 forward to it. 24 And the definition of cosmetics 25 does seem as if it is pulled from somewhere

Candyco Transcription Service, Inc. 1 and does have some sort of existing basis. 2 Does it, or is that just sort of a very 3 specific definition? 4 SENATOR FUSCHILLO: I'm sorry, I 5 didn't hear your question. 6 SENATOR SQUADRON: The definition 7 of cosmetics in the bill does seem to have a 8 specific basis. 9 SENATOR FUSCHILLO: Very specific 10 to the concerns that the Retail Council has 11 raised based on experiences with law 12 enforcement and what they experienced was 13 really being sold illegally. You know, a lot 14 of these products are being bought illegally 15 and then sold at flea markets, and this is 16 very specific to the language that law 17 enforcement was concerned about. 18 SENATOR SQUADRON: Thank you, 19 Senator. 20 On the bill. 21 ACTING PRESIDENT FLANAGAN: 22 Senator Squadron on the bill. 23 SENATOR SQUADRON: Thank you. 24 As I say, I think that Senator 25 Fuschillo's goal here is one that I share. It

Candyco Transcription Service, Inc. 1 makes a lot of sense. I think that 2 certainly -- I'm not sure if I've personally 3 been victimized by it, but I know many who 4 have, who have gotten those dead batteries. 5 And nothing is more frustrating. Certainly 6 that's a consumer protection issue that needs 7 to be dealt with when you talk about things 8 like food for infants, for those under two. 9 But, you know, I'm very concerned 10 about the fact that this definition seems 11 quite broad, especially as applies to -- as I 12 said to Senator Fuschillo, the cosmetics 13 definition seems quite specific. I would hope 14 that it has some basis also in federal law or 15 in some sort of common practice. It seems 16 likely that it does. 17 The other definitions, as relates 18 to dietary supplements, botanical extracts, 19 vitamins, herbal substances, seems simply too 20 unspecific to be enforceable. And one of the 21 great goals here that I'm sure Senator 22 Fuschillo shares with myself and many members 23 of this house is to have something enforceable 24 so that we all protect what we need to 25 protect.

Candyco Transcription Service, Inc. 1 I fear that the bill in its current 2 form doesn't. It's so broad as to be 3 ineffective. And as a result, I'll be voting 4 no. 5 Thank you, Mr. President. 6 ACTING PRESIDENT FLANAGAN: Thank 7 you, Senator Squadron. 8 Senator Marcellino on the bill. 9 SENATOR MARCELLINO: Yes, thank 10 you, Mr. President. 11 I commend Senator Fuschillo for 12 bringing this bill up. This is an extremely 13 important bill. Anyone who has gone to a 14 retail establishment, a drugstore or whatever, 15 to buy cosmetics or buy something, 16 over-the-counter drugs, whatever, you will 17 notice lately that there are plastic blocks on 18 the shelves so that in order to get an object 19 you have to slide one block over to reach in 20 to get it. 21 The reason for that is these 22 organized criminal gangs. These are 23 professional thieves. This is not the kid who 24 steals a couple of items and takes them home, 25 these are people who are making a living doing

Candyco Transcription Service, Inc. 1 this. They walk in, create a distraction 2 someplace else in the store, and then sweep 3 whole shelves off. They remove hundreds and 4 hundreds of items at one time. 5 These plastic blocks are designed 6 to prevent that from occurring, at great 7 cost -- which you and I are paying for in the 8 course of the products that these people are 9 selling to us. 10 So I think this is a great idea. 11 This kind of organized theft is getting out of 12 hand and has to be dealt with, and this is one 13 way of doing it. And I appreciate that, and I 14 support this bill and will be voting aye. 15 ACTING PRESIDENT FLANAGAN: Thank 16 you, Senator Marcellino. 17 Senator Perkins. 18 SENATOR PERKINS: Thank you very 19 much, Mr. Chairman. I'd like to ask the 20 sponsor a question or two. 21 ACTING PRESIDENT FLANAGAN: 22 Senator Fuschillo, will you yield to a 23 question from Senator Perkins? 24 SENATOR FUSCHILLO: I'd be happy 25 to, Senator.

Candyco Transcription Service, Inc. 1 SENATOR PERKINS: I generally 2 speaking am very supportive of what is it is 3 you're trying to accomplish. 4 I have sort of a thriving vendor 5 group that operates in my district that sells 6 products that I'm not sure are being outlawed 7 by this particular bill, and I just wanted to 8 be clear what is covered and what may not be 9 covered. 10 For instance, a lot of these 11 so-called street merchants that sell products 12 in my district, they don't steal the products 13 that they sell, so they don't fall into the 14 category of those that you are rightfully 15 attempting to outlaw. But they nevertheless 16 sell like Shea rubber, which is like a cream 17 that is made from a seed that -- and I don't 18 know if that product, which is a popular 19 product, is one of which you might be 20 outlawing with this legislation. And certain 21 type of herbal ingredients that are part of 22 what they sell in their oils also. 23 So I just want to get some 24 clarification with respect to those types of 25 products.

Candyco Transcription Service, Inc. 1 SENATOR FUSCHILLO: Senator, I 2 would have to ask you, is that a cosmetic? 3 Because if it is, it may be prohibited on 4 this. 5 But let me just tell you the intent 6 of this legislation, just so you know. 7 Senator Marcellino alluded to it a little bit. 8 Organized theft throughout this 9 country is a multi-multi-billion-dollar 10 operation. And there's a grave concern here 11 for products that are in this organized theft, 12 whether it's products that are being stolen 13 from a legal operation or products that are 14 just made up from other illegal activities -- 15 certain soaps and certain cosmetics that may 16 not be regulated are getting into the flea 17 markets, and law enforcement needs greater 18 tools to go after them. 19 It was mentioned baby formula. 20 Baby formula shouldn't sit out in a street 21 vendor operation with the sun beating down on 22 it, and other products. 23 You know, the purpose of bringing 24 this here today is to elevate the discussion, 25 get it approved by the Senate, work with the

Candyco Transcription Service, Inc. 1 Assembly. Senator Squadron has some 2 legitimate concerns which I'm going to address 3 with him. If that's a product that's 4 prohibited from a legal vendor, you and I will 5 work on that, because that's not the intent of 6 this at all. 7 SENATOR PERKINS: Well, I'd like 8 to believe that's not the intent. I'm afraid, 9 in supporting this, that I would be sending 10 them a message that their Senator, who 11 supports them, who's organizing them and who 12 wants to see them even grow, is potentially 13 crippling them. 14 SENATOR FUSCHILLO: I don't 15 think -- 16 ACTING PRESIDENT FLANAGAN: 17 Senator, please address your question through 18 the chair. 19 SENATOR PERKINS: I'm sorry. 20 ACTING PRESIDENT FLANAGAN: Would 21 you like Senator Fuschillo to yield for 22 another question? 23 SENATOR PERKINS: Yes, through 24 you -- 25 SENATOR FUSCHILLO: Well, I think

Candyco Transcription Service, Inc. 1 he was finishing the first part. 2 But through you, Mr. President, I 3 think your message is greater than that. And 4 you and I will work on that to clarify that 5 issue if it's not clarified here now. Your 6 message is one of public safety, and that's 7 what my message is, to protect our citizens 8 that choose to go to the outdoor vendors. 9 It's not to prohibit legitimate businesses 10 that are there right now or pay a fee. 11 If there's a question of that, and 12 if something needs to be cleared up through 13 the questions that Senator Squadron had 14 raised, I'll be happy to do that. But this is 15 bigger than that. It's a larger operation of 16 public safety, and also dealing with law 17 enforcement, to clarify some language that 18 they need to go after individuals. 19 SENATOR PERKINS: Through you, 20 Mr. President. 21 ACTING PRESIDENT FLANAGAN: 22 Senator Perkins. 23 Senator Fuschillo, will you 24 continue to yield? 25 SENATOR FUSCHILLO: I'd be happy

Candyco Transcription Service, Inc. 1 to, Senator. 2 SENATOR PERKINS: I believe that 3 you're after bigger fish than what it is that 4 I'm very concerned about. But very often 5 those big nets catch little fish, and not 6 intentionally. And I'm concerned about the 7 possibility that that might happen, especially 8 since these are small entrepreneurs that we 9 encourage who are decent, law-abiding and even 10 provide somewhat of a public safety value by 11 virtue of their presence in the neighborhood. 12 So -- 13 SENATOR FUSCHILLO: And I agree 14 with you, Senator, and your comments are duly 15 noted. 16 SENATOR PERKINS: All right, 17 thank you. Thank you. 18 ACTING PRESIDENT FLANAGAN: Thank 19 you, Senator Perkins. 20 Any other Senator wishing to be 21 heard? 22 Senator Squadron. 23 SENATOR SQUADRON: Through you, 24 Mr. President, to Senator Fuschillo, I did say 25 I was done; I have one final question, through

Candyco Transcription Service, Inc. 1 you, Mr. President, if Senator Fuschillo would 2 be willing to yield. 3 ACTING PRESIDENT FLANAGAN: 4 Senator Fuschillo, will you yield to one final 5 question? 6 SENATOR FUSCHILLO: The second 7 final question? 8 I'd be happy to yield to your final 9 question. 10 SENATOR SQUADRON: Thank you. I 11 appreciate that. And I did say I would not 12 have any more. 13 So very briefly, is there a same-as 14 bill in the Assembly? 15 SENATOR FUSCHILLO: Yes, there 16 is. 17 SENATOR SQUADRON: Thank you. I 18 thank Senator Fuschillo. 19 So just very briefly -- and again, 20 we are sharing a lot of values and goals here, 21 and I really do appreciate Senator Fuschillo's 22 willingness to debate this. 23 I worry -- and in fact, when I was 24 a freshman here last year I was repeatedly 25 told by more senior colleagues on other side

Candyco Transcription Service, Inc. 1 of the aisle to be very, very careful about 2 passing one-houses that weren't fully formed 3 and fully ready, frankly especially if there's 4 a same-as, for fear that before you know it, 5 it could become law before it's ready. 6 So I really would urge, again 7 Senator Fuschillo to hold the bill today so 8 that we can all be voting unanimously for 9 something that we support as a goal. 10 Certainly, as I've said before, if Senator 11 Fuschillo chooses not to hold it, I'll be 12 voting in the negative. 13 But we have an opportunity here to 14 do something bipartisan together and something 15 better formed when this house passes it. So I 16 would really urge that. 17 Thank you, Mr. President. 18 ACTING PRESIDENT FLANAGAN: Thank 19 you, Senator Squadron. 20 Are there any other Senators 21 wishing to be heard? 22 Hearing none, debate is closed. 23 The Secretary will ring the bell. 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT FLANAGAN: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT FLANAGAN: 6 Senator Perkins, to explain his vote. 7 SENATOR PERKINS: Thank you very 8 much. 9 I want to extend my appreciation to 10 the sponsor for the laudable efforts that he's 11 making for what is clearly a very, very 12 important concern and something that we would 13 all normally want to be able to support. 14 Unfortunately for me, I'm not going 15 to be able to vote for this bill at this time. 16 I'd like to be able to join with the sponsor 17 and fix it, if you will, such that it 18 addresses some of the concerns that I believe 19 are legitimate that I have that reflect the 20 kinds of entrepreneurship that you probably 21 would want to be supportive of. 22 But I think you might not 23 appreciate how this net manages to capture 24 those folks unintentionally. So from that 25 point of view, I'm going to have to vote no.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Perkins, thank you. 3 Would the members who are seeking 4 to vote in the negative, would you please 5 kindly raise your hands again so that the 6 clerk may get an accurate count. 7 Senator Hassell-Thompson, to 8 explain her vote. 9 SENATOR HASSELL-THOMPSON: Thank 10 you, Mr. President. 11 I too echo the concerns raised by 12 Senator Perkins. I think that there are some 13 areas of specificity that we could do to make 14 this bill a little bit better. 15 I too would like to volunteer to 16 work with the sponsor to work on some of those 17 areas of glitches. In communities such as the 18 type that both Senator Perkins and I 19 represent, we have a large number of vendors. 20 And we have worked very hard to make sure, 21 number one, that those vendors are licensed 22 vendors. The 125th Street is world-known for 23 the numbers of vendors and how they have now 24 spatially created a place for that kind of 25 vending opportunity.

Candyco Transcription Service, Inc. 1 But too often in helping them to 2 create a legitimacy, which is what we've 3 striven very hard to do, we want to be sure 4 that the things that we do here on the floor 5 don't adversely affect their ability to do 6 business. 7 So again, I'd like to offer my help 8 in developing the language that would make 9 this the bill with the intent that you have, 10 Senator Fuschillo, but that would give the 11 protections appropriately to those that fall 12 outside of that category. 13 Thank you, Mr. President. 14 ACTING PRESIDENT FLANAGAN: Thank 15 you, Senator Hassell-Thompson. 16 The clerk will announce the 17 results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 80: Senators 20 Breslin, Hassell-Thompson, Huntley, 21 Liz Krueger, Perkins, Rivera and Squadron. 22 Absent from voting: Senators 23 Montgomery, Parker, and Smith. 24 Ayes, 49. Nays, 7. 25 ACTING PRESIDENT FLANAGAN: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 Senator Libous. 3 SENATOR LIBOUS: Thank you, 4 Mr. President. 5 Mr. President, has the desk 6 received an announcement from the Assembly? 7 ACTING PRESIDENT FLANAGAN: We 8 have, Senator Libous, and it is filed in the 9 Journal Clerk's office. 10 SENATOR LIBOUS: Thank you, 11 Mr. President. 12 Before we adjourn, there will be an 13 immediate Republican conference in Room 332. 14 And, Mr. President, is there any 15 further business at the desk? 16 ACTING PRESIDENT FLANAGAN: No, 17 there is not, Senator Libous. 18 SENATOR LIBOUS: Thank you, 19 Mr. President. 20 Seeing there be no further 21 business, we will adjourn until Tuesday, 22 March 8th, at 3:00 p.m. 23 ACTING PRESIDENT FLANAGAN: On 24 motion, the Senate stands adjourned until 25 Tuesday, March 8th, at 3:00 p.m.

Candyco Transcription Service, Inc. 1 (Whereupon, at 3:40 p.m., the 2 Senate adjourned.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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