Monday, April 4, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 4, 2011 11 3:15 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR THOMAS F. O'MARA, 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 O'MARA: The 3 Senate will come to order. 4 I ask everyone to join me in the 5 Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT O'MARA: Today 9 we have the Reverend Peter G. Young, from 10 Mother Teresa Community here in Albany, to 11 lead us in a prayer. 12 REVEREND YOUNG: Thank you, 13 Senator. 14 Let us pray. 15 As Senators on this day of the 16 session, we heard the bell that calls us to 17 hear one another for the benefit of our 18 New York State constituents. The invocation 19 calls us to be true, to be best at what we 20 might become as a legislative leader. 21 We need to heed the call of our own 22 hearts, and with compassion and equity, as on 23 this day in memory, especially with this 24 thought of the murder of Martin Luther King in 25 1968 on this day. Too often we forget our

Candyco Transcription Service, Inc. 1 leaders that have sacrificed their lives for 2 what we enjoy today. May we have that 3 attitude of gratitude for what they have done 4 for us. 5 Amen. 6 ACTING PRESIDENT O'MARA: Reading 7 of the Journal. 8 THE SECRETARY: In Senate, 9 Sunday, April 3rd, the Senate met pursuant to 10 adjournment. The Journal of Saturday, 11 April 2nd, was read and approved. On motion, 12 Senate adjourned. 13 ACTING PRESIDENT O'MARA: Without 14 objection, the Journal stands approved as 15 read. 16 Presentation of petitions. 17 Messages from the Assembly. 18 Messages from the Governor. 19 Reports of standing committees. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, on

Candyco Transcription Service, Inc. 1 page number 8 I offer the following amendments 2 to Calendar Number 86, Senate Print number 3 1031A, and ask that said bill retain its place 4 on Third Reading Calendar. 5 ACTING PRESIDENT O'MARA: The 6 amendments are received and adopted, and the 7 bill retain its position on the Third Reading 8 Calendar. 9 Senator Libous. 10 SENATOR LIBOUS: Thank you, 11 Mr. President. 12 On behalf of Senator Fuschillo, on 13 page 19 -- it looks like a 4 or a 9. I'll 14 guess 19 and see how close I am -- I offer the 15 following amendments to Calendar Number 247, 16 Senate Print Number 547 -- or 597. We need to 17 close the loops on our 9s -- and ask that said 18 bill retain its place on the Third Reading 19 Calendar. 20 ACTING PRESIDENT O'MARA: The 21 amendments are received and adopted, and the 22 bill will retain its place on the Third 23 Reading Calendar. 24 Senator Libous. 25 SENATOR LIBOUS: Mr. President,

Candyco Transcription Service, Inc. 1 on behalf of Senator Grisanti, on page 17 I 2 offer the following amendments to Calendar 3 Number 234, Senate Print 1737, and ask that 4 said bill retain its place on the Third 5 Reading Calendar. 6 ACTING PRESIDENT O'MARA: The 7 amendments are received and adopted. The bill 8 will retain its place on the Third Reading 9 Calendar. 10 Senator Libous. 11 SENATOR LIBOUS: Mr. President, 12 on behalf of Senator Ranzenhofer, I believe 13 there's a privileged resolution at the desk. 14 May we please have it read in its entirety and 15 call on Senator Ranzenhofer before we move for 16 its adoption. 17 ACTING PRESIDENT O'MARA: The 18 Secretary will read. 19 THE SECRETARY: By Senator 20 Ranzenhofer, Legislative Resolution Number 21 1149, congratulating the 2010 Williamsville 22 North High School Girls Field Hockey Team upon 23 the occasion of capturing the New York State 24 Class A Championship. 25 "WHEREAS, Excellence and success in

Candyco Transcription Service, Inc. 1 competitive sports can be achieved only 2 through strenuous practice, team play and team 3 spirit, nurtured by dedicated coaching and 4 strategic planning; and 5 "WHEREAS, Athletic competition 6 enhances the moral and physical development of 7 the young people of this state, preparing them 8 for the future by instilling in them the value 9 of teamwork, encouraging a standard of healthy 10 living, imparting a desire for success, and 11 developing a sense of fair play and 12 competition; and 13 "WHEREAS, On November 20, 2010, the 14 Lady Spartans Williamsville North High School 15 captured the Class A Girls Field Hockey 16 Championship with a 1-0 victory over 17 Mamaroneck. It was their second New York 18 State title in four years, previously winning 19 the championship in 2007; and 20 "WHEREAS, The 2010 Williamsville 21 North High School Girls Field Hockey Team 22 finished the season undefeated with an 23 outstanding 21-0. The team amassed an 24 extraordinary 18 shutouts during the season; 25 and

Candyco Transcription Service, Inc. 1 "WHEREAS, In addition to winning 2 two New York State championships in the past 3 four years, the Williamsville North High 4 School Girls Field Hockey Team has achieved a 5 tradition of excellence over many years. It 6 has vied for the state title six times in the 7 last eight years. They have won eight section 8 titles, nine division titles, and nine league 9 titles since 1999 (eight since 2002), and 31 10 of its players have earned All-State status 11 and 10 players have reached All-American 12 status; and 13 "WHEREAS, The Williamsville North 14 High School Girls Field Hockey Team has also 15 been ranked number one on a weekly basis in 16 the All-Western New York Coaches Poll since 17 the 2003 season. Its record since 2002 is an 18 outstanding 162-16-6, and it has compiled an 19 exceptional 130-11-5 record since its first 20 State Tournament team in 2003; and 21 "WHEREAS, The athletic talent 22 displayed by this team is due in great part to 23 the efforts of Coach Kristine LaPaglia and 24 Assistant Coach Dalton Beaver, skilled and 25 inspirational mentors respected for their

Candyco Transcription Service, Inc. 1 ability to develop potential into excellence; 2 and 3 "WHEREAS, Coach Kristine LaPaglia 4 has been coaching for 14 years and reached a 5 career milestone this past season by securing 6 her 200th career win in October. Her overall 7 record as a coach is 207 wins, 48 losses and 8 13 ties; and 9 "WHEREAS, In 2008 and again in 10 2009, Coach LaPaglia was named the North 11 Region Coach of the Year by the National Field 12 Hockey Coaches Association; and 13 "WHEREAS, The team's overall record 14 is outstanding, and the team members were 15 loyally and enthusiastically supported by 16 family, fans, friends and the community at 17 large; and 18 "WHEREAS, The hallmarks of the 2010 19 Williamsville North High School Girls Field 20 Hockey Team, from the opening game of the 21 season to capturing the Class A Championship, 22 were a sisterhood of athletic ability, of good 23 sportsmanship, of honor and of scholarship, 24 demonstrating that these team players are 25 second to none; and

Candyco Transcription Service, Inc. 1 "WHEREAS, Athletically and 2 academically, the team members have proven 3 themselves to be an unbeatable combination of 4 talents, reflecting favorably on their school 5 and community; and 6 "WHEREAS, Coach Kristine LaPaglia 7 and Assistant Coach Dalton Beaver have done a 8 superb job in guiding, molding and inspiring 9 the team members toward their goals; and 10 "WHEREAS, Sports competition 11 instills the values of teamwork, pride and 12 accomplishment, and Coach Kristine LaPaglia, 13 Assistant Coach Dalton Beaver, and the 2010 14 Williamsville North High School Girls Field 15 Hockey Team's outstanding athletes have 16 clearly made a contribution to the spirit of 17 excellence which is a tradition of their 18 school; now, therefore, be it 19 "RESOLVED, That this Legislative 20 Body pause in its deliberations to 21 congratulate the 2010 Williamsville High 22 School Girls Field Hockey Team, its members -- 23 Juliet Holme, Michelle Gambacorta, Petrina 24 Sciandra, Ashley Favata, Emily Woods, Tiffany 25 Cioppi, Alayna Wageman, Christine Murphy,

Candyco Transcription Service, Inc. 1 Elise Kellner, Caitlin Dwyer, Elena Hingston, 2 Emily Koestler, Lainey Materise, Sara 3 Gambacorta, Michelle Rowekamp, Rachel Attea, 4 Nikki Atkins, Ashley Fillmore, Jess Wess, and 5 Allie Ahern -- and Coach Kristine LaPaglia and 6 Assistant Coach Dalton Beaver on their 7 outstanding season, overall team record, and 8 Class A New York State Championship; and be it 9 further 10 "RESOLVED, That a copy of this 11 resolution, suitably engrossed, be transmitted 12 to the members of the 2010 Williamsville North 13 High School Girls Field Hockey Team, and to 14 Coach Kristine LaPaglia and Assistant Coach 15 Dalton Beaver." 16 ACTING PRESIDENT O'MARA: Senator 17 Ranzenhofer on the resolution. 18 SENATOR RANZENHOFER: Thank you, 19 Mr. President. 20 It gives me a great deal of 21 pleasure to welcome the athletic director, Bob 22 Rosen, and also Coach Kristine LaPaglia and 23 Assistant Coach Dalton Beaver, and the young 24 women who make up the 2010 Williamsville North 25 High School Girls Field Hockey Team.

Candyco Transcription Service, Inc. 1 They got up early this morning and 2 traveled nearly 300 miles to be here today. 3 And I think what we see here today are a very 4 dedicated, talented, energetic group of young 5 women who not only excel on the field, as was 6 indicated when the resolution was read, but 7 also excel in the classroom. 8 I believe that their dedication, 9 their teamwork, their hard work -- and we met 10 a little bit earlier today. I told them that 11 the relationships and the bonds that they 12 formed with their teammates are ones that will 13 really last with them forever. It's not just 14 winning the state championship, but it's 15 really what went into having the ability to 16 get there -- the dedication, getting up early 17 in the morning, supportive parents, talented 18 coaches and assistant coaches -- to put them 19 in a position where they are today. 20 So again, I would like to welcome 21 them to the chamber and congratulate them not 22 only on this year's success but continued 23 success into the future. 24 Thank you very much, Mr. President. 25 ACTING PRESIDENT O'MARA: Thank

Candyco Transcription Service, Inc. 1 you, Senator Ranzenhofer. 2 And girls, congratulations on your 3 success for the State Championship. Thank you 4 for joining us here in Albany today, and I 5 hope you enjoy your stay with us. 6 On the resolution. All in favor 7 signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT O'MARA: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT O'MARA: The 13 resolution is adopted. 14 (Applause.) 15 ACTING PRESIDENT O'MARA: Senator 16 DeFrancisco. 17 SENATOR DeFRANCISCO: May I speak 18 on the resolution a moment? 19 ACTING PRESIDENT O'MARA: Without 20 objection. 21 SENATOR DeFRANCISCO: Without 22 objection. 23 I just want to congratulate the 24 team here. I'm from Syracuse, New York, and 25 we bring in champions all the time.

Candyco Transcription Service, Inc. 1 (Laughter.) 2 SENATOR DeFRANCISCO: And it's 3 really nice that you would win the 4 championship so Senator Ranzenhofer would 5 finally get up and be able to stand up and 6 speak on a resolution like that. So thank you 7 very, very much. 8 (Laughter.) 9 ACTING PRESIDENT O'MARA: 10 Objection sustained. 11 (Laughter.) 12 ACTING PRESIDENT O'MARA: Senator 13 LaValle. 14 SENATOR LaVALLE: May we please 15 have the noncontroversial reading of the 16 calendar, Mr. President. 17 ACTING PRESIDENT O'MARA: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 68, by Senator LaValle, Senate Print 2581, an 21 act to amend the Public Service Law. 22 ACTING PRESIDENT O'MARA: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the 180th day.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT O'MARA: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. 5 ACTING PRESIDENT O'MARA: Senator 6 LaValle, why do you rise? 7 SENATOR LaVALLE: To explain my 8 vote. 9 ACTING PRESIDENT O'MARA: Yes, to 10 explain your vote. 11 SENATOR LaVALLE: Mr. President, 12 this is very critical and important 13 legislation for Long Island because it would 14 provide an oversight of rates by the PSC to 15 ensure that rates are just, reasonable and 16 transparent. 17 We pay some of the highest rates in 18 the entire nation. And this legislation would 19 bring the Long Island Power Authority under 20 the same scrutiny that all other energy 21 providers would have, and that is a review by 22 the PSC. 23 And it's consistent with the 24 resolution that was passed in 1997 that had 25 Long Island Power Authority by the PACB in

Candyco Transcription Service, Inc. 1 that document in '97 that any rate over 2 2.5 percent would be reviewable by the PSC. 3 This legislation is consistent with that 4 resolution that was passed in 1997. 5 I vote yes, Mr. President. 6 ACTING PRESIDENT O'MARA: Senator 7 LaValle will be recorded in the affirmative. 8 Senator Fuschillo to explain his 9 vote. 10 SENATOR FUSCHILLO: Thank you 11 very much, Mr. President. Just briefly. 12 Let me thank Senator LaValle for 13 his leadership on this issue for not just 14 today but for a number of years. 15 Many years ago, LIPA was created to 16 be the ratepayers' protector when we took over 17 LILCO. I think they've failed at their 18 responsibility. And this legislation is 19 critically important for transparency, greater 20 accountability of the LIPA board of trustees 21 and the administration there as well. 22 This legislation had passed a 23 number of years ago in both houses, and the 24 governor -- one of the former governors had 25 vetoed it. I hope it doesn't go onto the same

Candyco Transcription Service, Inc. 1 path. I urge the Assembly to do it, to follow 2 Senator LaValle's lead, and for Governor Cuomo 3 to sign it into law. 4 Thank you very much, Mr. President. 5 ACTING PRESIDENT O'MARA: Senator 6 Fuschillo will be recorded in the affirmative. 7 Announce the results. 8 THE SECRETARY: Ayes, 56. 9 ACTING PRESIDENT O'MARA: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 76, by Senator Marcellino, Senate Print 559, 13 an act authorizing the County of Nassau. 14 ACTING PRESIDENT O'MARA: A 15 home-rule message is at the desk. 16 Read the last section. 17 THE SECRETARY: Section 6. This 18 act shall take effect immediately. 19 ACTING PRESIDENT O'MARA: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 56. 23 ACTING PRESIDENT O'MARA: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 90, by Senator Young, Senate Print 769, an act 2 to amend the Agriculture and Markets Law. 3 ACTING PRESIDENT O'MARA: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT O'MARA: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 56. 11 ACTING PRESIDENT O'MARA: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 128, by Senator Maziarz, Senate Print 164C, an 15 act to amend Vehicle and Traffic Law. 16 ACTING PRESIDENT O'MARA: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the 90th day. 20 ACTING PRESIDENT O'MARA: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT O'MARA: Senator 24 Rivera to explain his vote. 25 SENATOR RIVERA: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. To explain my vote. 2 I will be voting in the negative on 3 this bill. The only reason I am doing that, I 4 want it to be clear, it seems that certain 5 aspects of this bill might create certain 6 situations that would actually -- if in a 7 situation, for example, where there's a 8 designated driver who is a permitted driver 9 while there is a driver who has been -- who is 10 the supervising driver who is intoxicated, and 11 yet the permitted driver is not, it seems that 12 this bill would put that person in a situation 13 where they might be liable for a Class E 14 felony. 15 Also, the possibility that if 16 there's no infraction, let's say that there is 17 a checkpoint and the person goes through the 18 checkpoint, is pulled over for no reason 19 except that they went through the 20 checkpoint -- and again, the permitted driver 21 is totally sober, but some of the other folks 22 in the vehicle or the driver to the side might 23 be intoxicated, that might create a situation 24 where they might be held liable for a Class E 25 felony.

Candyco Transcription Service, Inc. 1 For those reasons, although I 2 certainly believe that it is important to 3 protect us, all of us, from drunk driving, in 4 this case, in this bill, I'm going to have to 5 vote in the negative. 6 Thank you, Mr. President. 7 ACTING PRESIDENT O'MARA: Thank 8 you, Senator Rivera. 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT O'MARA: Senator 12 Rivera will be recorded in the negative. 13 Senator Maziarz to explain his 14 vote. 15 SENATOR MAZIARZ: Thank you very 16 much, Mr. President. To explain my vote. 17 Mr. President, this legislation 18 would provide for additional criminal 19 penalties for an individual, a supervising 20 driver -- that is, someone who is supervising 21 an individual who has a learner's permit and 22 who is under the influence of drugs or 23 alcohol. 24 This legislation came about because 25 of a very tragic incident in Orleans County on

Candyco Transcription Service, Inc. 1 September 4, 2009, where Corey Buzard, who had 2 been drinking all day at a family party, and 3 was way to too drunk to drive but he convinced 4 a 17-year-old cousin to drive him to a 5 convenience store to get additional alcohol. 6 And he put his 8-year-old daughter Abagail in 7 the back seat of car. 8 It was a dark night, it was a rainy 9 night, Orleans County is an extremely rural 10 county, and this young 17-year-old driver 11 drove off the road into a gully, and little 12 Abagail was killed. A beautiful little 13 red-haired girl; her mother said her eyes were 14 blue like the sky. And she died a horrible 15 death which I won't describe here today. 16 And her father did absolutely 17 nothing, nothing to try to save his daughter's 18 live. He didn't because he was too drunk to 19 even to attempt to save his 8-year-old 20 daughter. 21 This legislation hopefully will get 22 voted on here in this house today, and, along 23 with my colleagues in the Assembly, we can 24 hopefully provide that this tragic accident 25 that happened to little Abagail will not

Candyco Transcription Service, Inc. 1 happen again. 2 I vote in the affirmative. Thank 3 you, Mr. President. 4 ACTING PRESIDENT O'MARA: Senator 5 Maziarz to be recorded in the affirmative. 6 Senator Adams to explain his vote. 7 SENATOR ADAMS: I understand my 8 colleague's concern about the bill, but I have 9 to commend Senator Maziarz on this bill. 10 Because the point of a supervisor, 11 a driver or person in the vehicle, you know, 12 that is the reason why we put in place these 13 procedures. Because you expect the person 14 who's the intelligent one in the vehicle is to 15 actually ensure that no one is on the road 16 that's driving while either under the 17 influence of alcohol or drugs. 18 And I thinking this sends a strong 19 message that we have to really concern 20 ourselves about, you know, who's on the road. 21 Not only does it impact the individuals in the 22 vehicle, but it impacts others who are on the 23 road. 24 So I'll be voting aye for this 25 bill. I think this is a good bill. And I

Candyco Transcription Service, Inc. 1 think it covers a very important aspect. I 2 understand my colleague's concern over it, but 3 I think the bill in itself is a good bill. 4 I'll be voting aye. 5 ACTING PRESIDENT O'MARA: Senator 6 Adams to be recorded in the affirmative. 7 Announce the results. 8 THE SECRETARY: In relation to 9 Calendar Number 128, recorded in the negative: 10 Senator Rivera. 11 Ayes, 56. Nays, 1. 12 ACTING PRESIDENT O'MARA: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 161, by Senator LaValle, Senate Print 2978 -- 16 SENATOR LaVALLE: Lay the bill 17 aside for the day, please. 18 ACTING PRESIDENT O'MARA: The 19 bill is laid aside for the day. 20 THE SECRETARY: Calendar Number 21 175, by Senator Golden, Senate Print 2168, an 22 act to amend the Penal Law. 23 ACTING PRESIDENT O'MARA: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT O'MARA: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: In relation to 7 Calendar Number 175, those recorded in the 8 negative are Senators Duane, Montgomery and 9 Perkins. 10 Ayes, 54. Nays, 3. 11 ACTING PRESIDENT O'MARA: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 258, by Senator Young, Senate Print 771 -- 15 SENATOR LIZ KRUEGER: Lay it 16 aside. 17 ACTING PRESIDENT O'MARA: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 261, by Senator Ritchie, Senate Print 4080, an 21 act to amend the Agriculture and Markets Law. 22 ACTING PRESIDENT O'MARA: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 30th day.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT O'MARA: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 57. 5 ACTING PRESIDENT O'MARA: The 6 bill is passed. 7 Senator LaValle, that completes the 8 noncontroversial reading of the calendar. 9 SENATOR LaVALLE: Thank you, 10 Mr. President. 11 Now may we have the controversial 12 reading of the calendar, please. 13 ACTING PRESIDENT O'MARA: The 14 Secretary will ring the bells. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 258, by Senator Young, Senate Print 771, an 18 act to amend the Agriculture and Markets Law. 19 SENATOR LIZ KRUEGER: 20 Explanation, please. 21 ACTING PRESIDENT O'MARA: Senator 22 Young, an explanation has been requested. 23 SENATOR YOUNG: Certainly. 24 This legislation requires that 25 information collected and maintained by the

Candyco Transcription Service, Inc. 1 Department of Agriculture and Markets relating 2 to the registration and identification of 3 premises and animals shall be held 4 confidential. 5 ACTING PRESIDENT O'MARA: Senator 6 Krueger. 7 SENATOR LIZ KRUEGER: Thank you, 8 Mr. President. If the sponsor would please 9 yield to a question. 10 ACTING PRESIDENT O'MARA: Senator 11 Young, will you yield for a question? 12 SENATOR YOUNG: Yes. 13 SENATOR LIZ KRUEGER: Thank you. 14 So if this bill became the law, my 15 understanding is you could no longer, through 16 Freedom of Information, find out records of 17 health problems on specific farms. So let's 18 say a specific farm had an outbreak of 19 documented mad cow disease; there would be no 20 way for the public to find out that 21 information. 22 SENATOR YOUNG: Through you, 23 Mr. President. Actually, the Department of Ag 24 & Markets may disclose such confidential data 25 provided that the department determines that

Candyco Transcription Service, Inc. 1 disclosure is needed for the protection of the 2 public or animal health and safety. 3 So if there were, you know, an 4 outbreak of mad cow disease, for example, that 5 information could be disclosed by the 6 department if they deem it to be the right 7 course to take. 8 SENATOR LIZ KRUEGER: Thank you, 9 Mr. President. 10 On the bill. 11 ACTING PRESIDENT O'MARA: On the 12 bill. 13 SENATOR LIZ KRUEGER: Thank you. 14 I appreciate the sponsor's answer to my 15 question. 16 I have to say I think that when it 17 comes to public health, the public's right to 18 find out information -- such as has there been 19 a disease outbreak potentially having a risk 20 to the public if they were to in fact digest 21 that food -- has a greater public good to make 22 sure that that information can be made 23 available. 24 It's not that I don't trust our 25 Department of Ag & Markets. We've

Candyco Transcription Service, Inc. 1 historically had wonderful people leading the 2 department. I hope to have a new commissioner 3 there who I'll be very confident in. 4 Nonetheless, I think that the 5 public's overriding right to be able to find 6 out information about the health conditions of 7 farm animals and whether there is any kind of 8 outbreak of disease and whether there is any 9 kind of risk to those of us in the public who 10 count on making sure that our food supply is 11 healthy and does not cause disease is an 12 overriding right of the public, particularly 13 at a time where we know that unfortunately at 14 the federal level they've decreased the amount 15 of supervision and inspections that take 16 place. 17 We've seen growing, year after 18 year, an increased rate of disease associated 19 with our food supply not being carefully 20 evaluated before it comes to market. We have 21 a growth in salmonella, we have a growth of 22 food-poisoning cases that track back to our 23 food supply. 24 And given the fact that government 25 is not always as diligent as we all hope it

Candyco Transcription Service, Inc. 1 would be, particularly in times of limited 2 resources, I cannot vote for a bill that would 3 decrease the public's right to find out 4 information that is known by a government 5 agency on something as important as our 6 health, the public's health and our food 7 supply. 8 So I'll be voting no, 9 Mr. President. Thank you. 10 ACTING PRESIDENT O'MARA: Thank 11 you, Senator Krueger. 12 Senator Young on the bill. 13 SENATOR YOUNG: On the bill, 14 Mr. President. 15 Actually, this legislation is 16 strongly supported by the New York State Farm 17 Bureau. 18 And some of the information that 19 could be given out there could work to the 20 disadvantage of the farmers, because 21 competitors can use this information against 22 them as far as having a competitive -- putting 23 them at a competitive disadvantage. 24 I share my colleague Senator 25 Krueger's support for public health issues.

Candyco Transcription Service, Inc. 1 And actually, this legislation protects public 2 health. Because one of the emerging trends 3 that we're concerned about has to do with 4 terrorism and biosecurity and bioterrorism. 5 By protecting this information, we actually 6 can avoid some of the security risks that are 7 out there. 8 So I would encourage my colleagues 9 to vote yes. 10 Thank you. 11 ACTING PRESIDENT O'MARA: Any 12 other Senators wishing to be heard? 13 The Secretary will ring the bell. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT O'MARA: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT O'MARA: 21 Announce the results. 22 THE SECRETARY: In relation to 23 Calendar Number 258, those recorded in the 24 negative are Senators Adams, Avella, 25 L. Krueger, Montgomery, Oppenheimer, Rivera,

Candyco Transcription Service, Inc. 1 Serrano, Stavisky and Stewart-Cousins. 2 Absent from voting: Senator Smith. 3 Ayes, 48. Nays, 9. 4 ACTING PRESIDENT O'MARA: The 5 bill is passed. 6 Senator Libous, that completes the 7 controversial reading of the calendar. 8 SENATOR LIBOUS: Mr. President, 9 can we return to motions and resolutions, 10 please. 11 ACTING PRESIDENT O'MARA: Motions 12 and resolutions. 13 SENATOR LIBOUS: On behalf of 14 Senator Fuschillo, on page 14 I offer the 15 following amendments to Calendar Number 183, 16 Senate Print 2728A, and ask that the said bill 17 retain its place on the Third Reading 18 Calendar. 19 ACTING PRESIDENT O'MARA: The 20 amendments are received and adopted, and the 21 bill will retain its place on the Third 22 Reading Calendar. 23 SENATOR LIBOUS: Mr. President, 24 is there any further business at the desk? 25 ACTING PRESIDENT O'MARA: No

Candyco Transcription Service, Inc. 1 further business. 2 SENATOR LIBOUS: There being no 3 further business at the desk, Mr. President, I 4 move that the Senate will adjourn until 5 Tuesday, April 5th, at 3:00 p.m. 6 ACTING PRESIDENT O'MARA: On 7 motion, the Senate stands adjourned until 8 Tuesday, April 5th, at 3:00 p.m. 9 (Whereupon, at 3:47 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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