Regular Session - June 24, 2010

                                                            6494



         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



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         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.



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         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.



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         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



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         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,



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         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.



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         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.



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         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.



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         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



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         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



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         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



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         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.



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         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



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         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



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         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.



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         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



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         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,



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         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.)



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         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,



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         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



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         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



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         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,



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         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.



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         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.



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         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.
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         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.)



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         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



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         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.



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         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



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         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:



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         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



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         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.



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         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:



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         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.



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         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



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                                                        6529



         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



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         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.



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         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.



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         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.



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         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.



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         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:



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         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.



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         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



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                                                        6537



         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



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         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.



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         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



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         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.



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         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



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         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



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         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,



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         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



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         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.



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         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.



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         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



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         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



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         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



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         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,



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         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



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         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,



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         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.



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         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,



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         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



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         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



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         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



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         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



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         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



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         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



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         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.



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         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



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         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



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         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



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         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



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         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,



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         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



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         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.



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         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.



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         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.



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         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



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         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



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         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



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         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



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         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.



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         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.



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         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



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         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.



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         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



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         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.)



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         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



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         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



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         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



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         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



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         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.



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         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.



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         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



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         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



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         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



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         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



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         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



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         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



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         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,



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         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



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         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?



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         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.



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         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



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         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



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         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



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         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



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         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



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         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



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         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



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         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,



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         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



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         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



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         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.



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         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,



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         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



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         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.



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         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



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         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.



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         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



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         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



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         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.



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         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



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         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



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         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.



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         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?



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         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



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         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.



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         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



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         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



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         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.



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         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?



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         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



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         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



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         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



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         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



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         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



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         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



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         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



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         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



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         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,



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         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.



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         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



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         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



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         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.



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         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



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         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:



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         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



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         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



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         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



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         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



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         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



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         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



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         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.



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         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?



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         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



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         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



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         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,



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         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



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         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



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         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



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         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



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         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,



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         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



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         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



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         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



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         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:



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         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



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         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



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         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



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         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.



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         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



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         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.



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         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.



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         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,



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         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



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         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



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         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



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         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



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         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



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         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



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         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,



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         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



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         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



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         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



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         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



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         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



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         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,



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         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



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         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.



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         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



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         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.



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         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



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         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



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         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.



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         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



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         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



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         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.



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         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.



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         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



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         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



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         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



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         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



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         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



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         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



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         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



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         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



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         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 --



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         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.



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         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



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         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



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         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



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         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.



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         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



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         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



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         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



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         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



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         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



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         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



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         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



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         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



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         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.



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         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



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         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



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         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



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         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



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         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



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         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



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         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



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         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



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         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.



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         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



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         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.



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         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



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         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.



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         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



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         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



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         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



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         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



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         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.



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         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.



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         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



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         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.



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         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



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         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.



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         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



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         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



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         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,



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         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.



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         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



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         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.



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         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.



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         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



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         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;



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         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.



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         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



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         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.)



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         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.



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         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



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         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.



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         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.



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         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



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         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.



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         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.



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         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



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         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.



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         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



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         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.)



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         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



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         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.



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         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.



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         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



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         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?



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         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,



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         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.



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         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:



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         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



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         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



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         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:



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         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



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         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.



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         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



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         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.



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         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.



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         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.



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         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



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         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



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         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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