Regular Session - March 7, 2011

                                                            1016



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     March 7, 2011

        11                       3:14 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOHN J. FLANAGAN, Acting President

        19  FRANCIS W. PATIENCE, Secretary

        20

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT FLANAGAN:    The

         3       Senate will come to order.

         4                  I ask everyone present to please

         5       rise and repeat the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT FLANAGAN:    In

         9       the absence of clergy, I would ask that we all

        10       bow our heads in a moment of silence.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  ACTING PRESIDENT FLANAGAN:

        14       Reading of the Journal.

        15                  THE SECRETARY:    In Senate,

        16       Sunday, March 6, the Senate met pursuant to

        17       adjournment.  The Journal of Saturday,

        18       March 5, was read and approved.  On motion,

        19       Senate adjourned.

        20                  ACTING PRESIDENT FLANAGAN:

        21       Without objection, the Journal stands approved

        22       as read.

        23                  Presentation of petitions.

        24                  Messages from the Assembly.

        25                  Messages from the Governor.



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         1                  Reports of standing committees.

         2                  Reports of select committees.

         3                  Communications and reports from

         4       state officers.

         5                  Motions and resolutions.

         6                  Senator Libous.

         7                  SENATOR LIBOUS:    Thank you,

         8       Mr. President.

         9                  I believe that Senator Skelos has a

        10       privileged resolution at the desk.  I ask that

        11       we have the title read and move for its

        12       immediate adoption.

        13                  ACTING PRESIDENT FLANAGAN:    The

        14       Secretary will read.

        15                  THE SECRETARY:    By Senator

        16       Skelos, legislative resolution commemorating

        17       the 100th Anniversary of the Village of

        18       Lynbrook.

        19                  ACTING PRESIDENT FLANAGAN:    The

        20       question is on the resolution.  All those in

        21       please signify by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT FLANAGAN:

        24       Opposed, nay.

        25                  (No response.)



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         1                  ACTING PRESIDENT FLANAGAN:    The

         2       resolution is adopted.

         3                  Senator Libous.

         4                  SENATOR LIBOUS:    Thank you,

         5       Mr. President.

         6                  I believe there is another

         7       privileged resolution at the desk by Senator

         8       Peralta.  May we please have the title read

         9       and move for its immediate adoption.

        10                  ACTING PRESIDENT FLANAGAN:    The

        11       Secretary will read.

        12                  THE SECRETARY:    By Senator

        13       Peralta, legislative resolution commemorating

        14       the 60th Anniversary of the East

        15       Elmhurst-Corona Civic Association.

        16                  ACTING PRESIDENT FLANAGAN:    The

        17       question is on the resolution.  All those in

        18       favor signify by saying aye.

        19                  (Response of "Aye.")

        20                  ACTING PRESIDENT FLANAGAN:

        21       Opposed, nay.

        22                  (No response.)

        23                  ACTING PRESIDENT FLANAGAN:    The

        24       resolution is adopted.

        25                  Senator Libous.



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         1                  SENATOR LIBOUS:    Mr. President,

         2       at this time I'd like to take up the

         3       noncontroversial calendar, please.

         4                  ACTING PRESIDENT FLANAGAN:    The

         5       Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       65, by Senator Bonacic, Senate Print 2141, an

         8       act to amend the Penal Law.

         9                  ACTING PRESIDENT FLANAGAN:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect on the first of

        13       November.

        14                  ACTING PRESIDENT FLANAGAN:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 54.

        18                  ACTING PRESIDENT FLANAGAN:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       80, by Senator Fuschillo --

        22                  SENATOR BRESLIN:    Lay it aside.

        23                  ACTING PRESIDENT FLANAGAN:    The

        24       bill is laid aside.

        25                  THE SECRETARY:    Calendar Number



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         1       96, by Senator Hannon, Senate Print 1920, an

         2       act to amend the Real Property Tax Law.

         3                  ACTING PRESIDENT FLANAGAN:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT FLANAGAN:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 54.

        11                  ACTING PRESIDENT FLANAGAN:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       110, by Senator Perkins, Senate Print 1365, an

        15       act to amend the Penal Law.

        16                  ACTING PRESIDENT FLANAGAN:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the first of

        20       November.

        21                  ACTING PRESIDENT FLANAGAN:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 54.

        25                  ACTING PRESIDENT FLANAGAN:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       113, by Senator Skelos, Senate Print 1999, an

         4       act to amend the Criminal Procedure Law.

         5                  ACTING PRESIDENT FLANAGAN:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 6.  This

         8       act shall take effect on the first of

         9       November.

        10                  ACTING PRESIDENT FLANAGAN:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 53.  Nays,

        14       1.  Senator Perkins recorded in the negative.

        15                  ACTING PRESIDENT FLANAGAN:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       114, by Senator Flanagan, Senate Print 2476,

        19       an act to amend the Penal Law.

        20                  ACTING PRESIDENT FLANAGAN:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT FLANAGAN:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 54.

         3                  ACTING PRESIDENT FLANAGAN:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       116, by Senator Saland, Senate Print 2599, an

         7       act to amend the Penal Law.

         8                  ACTING PRESIDENT FLANAGAN:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the first of

        12       November.

        13                  ACTING PRESIDENT FLANAGAN:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 54.

        17                  ACTING PRESIDENT FLANAGAN:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       118, by Senator Addabbo, Senate Print 1247, an

        21       act to amend the Labor Law.

        22                  ACTING PRESIDENT FLANAGAN:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT FLANAGAN:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 54.

         5                  ACTING PRESIDENT FLANAGAN:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       123, by Senator Fuschillo, Senate Print 1998,

         9       an act to amend the Judiciary Law.

        10                  ACTING PRESIDENT FLANAGAN:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 3.  This

        13       act shall take effect on the 60th day.

        14                  ACTING PRESIDENT FLANAGAN:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 54.

        18                  ACTING PRESIDENT FLANAGAN:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       134, by Senator Bonacic, Senate Print 3100, an

        22       act to amend the Vehicle and Traffic Law.

        23                  ACTING PRESIDENT FLANAGAN:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT FLANAGAN:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 55.

         6                  ACTING PRESIDENT FLANAGAN:    The

         7       bill is passed.

         8                  Senator Libous, that completes the

         9       noncontroversial reading of the calendar.

        10                  SENATOR LIBOUS:    Mr. President,

        11       in one moment we're going to go to the

        12       controversial reading of the calendar.

        13                  I believe that moment has come, and

        14       we will do it now.

        15                  ACTING PRESIDENT FLANAGAN:    Thank

        16       you, Senator Libous.

        17                  May we have the reading of the

        18       controversial portion of the calendar.

        19                  THE SECRETARY:    Calendar Number

        20       80, by Senator Fuschillo, Senate Print 525, an

        21       act to amend the General Business Law.

        22                  SENATOR SQUADRON:    Explanation.

        23                  ACTING PRESIDENT FLANAGAN:

        24       Senator Fuschillo, an explanation has been

        25       asked for.



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         1                  SENATOR FUSCHILLO:    Thank you

         2       very much, Mr. President.  Who had asked for

         3       the explanation?

         4                  ACTING PRESIDENT FLANAGAN:

         5       Senator Squadron requested the explanation.

         6                  SENATOR FUSCHILLO:    Okay.

         7       Senator, the original Itinerant Vendor Bill

         8       was adopted in 1995.  And in dealing with --

         9       when I chaired Consumer Protection for

        10       10 years in the Senate, and dealing with the

        11       Retail Council and law enforcement

        12       authorities, they were concerned about certain

        13       products that were still being sold

        14       essentially on a black market, as they called

        15       it, in flea markets, such as baby products and

        16       other products that they feel could be

        17       contaminated when they're not properly

        18       refrigerated or taken care of, and there were

        19       some other items there as well.

        20                  And as a result of dealing with law

        21       enforcement and the Retail Council for a

        22       number of years, this bill came out of

        23       discussions with that to further protect the

        24       public.

        25                  SENATOR SQUADRON:    Thank you for



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         1       the explanation.

         2                  Will Senator Fuschillo yield for a

         3       question.

         4                  ACTING PRESIDENT FLANAGAN:

         5       Senator Fuschillo, will you yield to a

         6       question by Senator Squadron?

         7                  SENATOR FUSCHILLO:    I'd be happy

         8       to.

         9                  SENATOR SQUADRON:    Senator

        10       Fuschillo, first of all, I think it's an

        11       admirable point, and certainly some of the

        12       items in here I think do need to be regulated

        13       and the law does need to be updated.

        14                  I would ask, though, it's a pretty

        15       broad set of prohibitions, including herbal

        16       products, dietary supplements, botanical

        17       extracts, vitamins.  For those items, what's

        18       the definition of those items?  Does it exist

        19       elsewhere in the law, or is there another way

        20       that as a Legislature we can direct to

        21       understand that?

        22                  SENATOR FUSCHILLO:    In answer to

        23       your question, we got that from the Retail

        24       Council many years ago as we were negotiating

        25       this with the Assembly.  That is in the



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         1       federal law, and that's how they clearly

         2       define some of these languages which we're

         3       going to try to adopt in state law.

         4                  We're not at it yet, we're not at

         5       an agreement, Senator, with the Assembly.  I'd

         6       be happy to work with you to clarify any

         7       questions you may have, or any ambiguity in

         8       language here, because I think this is too

         9       important for the public's concern as a

        10       consumer protection issue that the Assembly

        11       doesn't take this up.  I'll be happy to work

        12       with you in further talks and negotiations.

        13                  SENATOR SQUADRON:    Through you,

        14       Mr. President, one final question, if Senator

        15       Fuschillo will yield.

        16                  ACTING PRESIDENT FLANAGAN:

        17       Senator Fuschillo, will you continue to yield?

        18                  SENATOR FUSCHILLO:    Yes.

        19                  ACTING PRESIDENT FLANAGAN:

        20       Senator Squadron.

        21                  SENATOR SQUADRON:    Thank you.

        22       And I appreciate that offer, and I look

        23       forward to it.

        24                  And the definition of cosmetics

        25       does seem as if it is pulled from somewhere



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         1       and does have some sort of existing basis.

         2       Does it, or is that just sort of a very

         3       specific definition?

         4                  SENATOR FUSCHILLO:    I'm sorry, I

         5       didn't hear your question.

         6                  SENATOR SQUADRON:    The definition

         7       of cosmetics in the bill does seem to have a

         8       specific basis.

         9                  SENATOR FUSCHILLO:    Very specific

        10       to the concerns that the Retail Council has

        11       raised based on experiences with law

        12       enforcement and what they experienced was

        13       really being sold illegally.  You know, a lot

        14       of these products are being bought illegally

        15       and then sold at flea markets, and this is

        16       very specific to the language that law

        17       enforcement was concerned about.

        18                  SENATOR SQUADRON:    Thank you,

        19       Senator.

        20                  On the bill.

        21                  ACTING PRESIDENT FLANAGAN:

        22       Senator Squadron on the bill.

        23                  SENATOR SQUADRON:    Thank you.

        24                  As I say, I think that Senator

        25       Fuschillo's goal here is one that I share.  It



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         1       makes a lot of sense.  I think that

         2       certainly -- I'm not sure if I've personally

         3       been victimized by it, but I know many who

         4       have, who have gotten those dead batteries.

         5       And nothing is more frustrating.  Certainly

         6       that's a consumer protection issue that needs

         7       to be dealt with when you talk about things

         8       like food for infants, for those under two.

         9                  But, you know, I'm very concerned

        10       about the fact that this definition seems

        11       quite broad, especially as applies to -- as I

        12       said to Senator Fuschillo, the cosmetics

        13       definition seems quite specific.  I would hope

        14       that it has some basis also in federal law or

        15       in some sort of common practice.  It seems

        16       likely that it does.

        17                  The other definitions, as relates

        18       to dietary supplements, botanical extracts,

        19       vitamins, herbal substances, seems simply too

        20       unspecific to be enforceable.  And one of the

        21       great goals here that I'm sure Senator

        22       Fuschillo shares with myself and many members

        23       of this house is to have something enforceable

        24       so that we all protect what we need to

        25       protect.



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         1                  I fear that the bill in its current

         2       form doesn't.  It's so broad as to be

         3       ineffective.  And as a result, I'll be voting

         4       no.

         5                  Thank you, Mr. President.

         6                  ACTING PRESIDENT FLANAGAN:    Thank

         7       you, Senator Squadron.

         8                  Senator Marcellino on the bill.

         9                  SENATOR MARCELLINO:    Yes, thank

        10       you, Mr. President.

        11                  I commend Senator Fuschillo for

        12       bringing this bill up.  This is an extremely

        13       important bill.  Anyone who has gone to a

        14       retail establishment, a drugstore or whatever,

        15       to buy cosmetics or buy something,

        16       over-the-counter drugs, whatever, you will

        17       notice lately that there are plastic blocks on

        18       the shelves so that in order to get an object

        19       you have to slide one block over to reach in

        20       to get it.

        21                  The reason for that is these

        22       organized criminal gangs.  These are

        23       professional thieves.  This is not the kid who

        24       steals a couple of items and takes them home,

        25       these are people who are making a living doing



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         1       this.  They walk in, create a distraction

         2       someplace else in the store, and then sweep

         3       whole shelves off.  They remove hundreds and

         4       hundreds of items at one time.

         5                  These plastic blocks are designed

         6       to prevent that from occurring, at great

         7       cost -- which you and I are paying for in the

         8       course of the products that these people are

         9       selling to us.

        10                  So I think this is a great idea.

        11       This kind of organized theft is getting out of

        12       hand and has to be dealt with, and this is one

        13       way of doing it.  And I appreciate that, and I

        14       support this bill and will be voting aye.

        15                  ACTING PRESIDENT FLANAGAN:    Thank

        16       you, Senator Marcellino.

        17                  Senator Perkins.

        18                  SENATOR PERKINS:    Thank you very

        19       much, Mr. Chairman.  I'd like to ask the

        20       sponsor a question or two.

        21                  ACTING PRESIDENT FLANAGAN:

        22       Senator Fuschillo, will you yield to a

        23       question from Senator Perkins?

        24                  SENATOR FUSCHILLO:    I'd be happy

        25       to, Senator.



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         1                  SENATOR PERKINS:    I generally

         2       speaking am very supportive of what is it is

         3       you're trying to accomplish.

         4                  I have sort of a thriving vendor

         5       group that operates in my district that sells

         6       products that I'm not sure are being outlawed

         7       by this particular bill, and I just wanted to

         8       be clear what is covered and what may not be

         9       covered.

        10                  For instance, a lot of these

        11       so-called street merchants that sell products

        12       in my district, they don't steal the products

        13       that they sell, so they don't fall into the

        14       category of those that you are rightfully

        15       attempting to outlaw.  But they nevertheless

        16       sell like Shea rubber, which is like a cream

        17       that is made from a seed that -- and I don't

        18       know if that product, which is a popular

        19       product, is one of which you might be

        20       outlawing with this legislation.  And certain

        21       type of herbal ingredients that are part of

        22       what they sell in their oils also.

        23                  So I just want to get some

        24       clarification with respect to those types of

        25       products.



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         1                  SENATOR FUSCHILLO:    Senator, I

         2       would have to ask you, is that a cosmetic?

         3       Because if it is, it may be prohibited on

         4       this.

         5                  But let me just tell you the intent

         6       of this legislation, just so you know.

         7       Senator Marcellino alluded to it a little bit.

         8                  Organized theft throughout this

         9       country is a multi-multi-billion-dollar

        10       operation.  And there's a grave concern here

        11       for products that are in this organized theft,

        12       whether it's products that are being stolen

        13       from a legal operation or products that are

        14       just made up from other illegal activities --

        15       certain soaps and certain cosmetics that may

        16       not be regulated are getting into the flea

        17       markets, and law enforcement needs greater

        18       tools to go after them.

        19                  It was mentioned baby formula.

        20       Baby formula shouldn't sit out in a street

        21       vendor operation with the sun beating down on

        22       it, and other products.

        23                  You know, the purpose of bringing

        24       this here today is to elevate the discussion,

        25       get it approved by the Senate, work with the



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         1       Assembly.  Senator Squadron has some

         2       legitimate concerns which I'm going to address

         3       with him.  If that's a product that's

         4       prohibited from a legal vendor, you and I will

         5       work on that, because that's not the intent of

         6       this at all.

         7                  SENATOR PERKINS:    Well, I'd like

         8       to believe that's not the intent.  I'm afraid,

         9       in supporting this, that I would be sending

        10       them a message that their Senator, who

        11       supports them, who's organizing them and who

        12       wants to see them even grow, is potentially

        13       crippling them.

        14                  SENATOR FUSCHILLO:    I don't

        15       think --

        16                  ACTING PRESIDENT FLANAGAN:

        17       Senator, please address your question through

        18       the chair.

        19                  SENATOR PERKINS:    I'm sorry.

        20                  ACTING PRESIDENT FLANAGAN:    Would

        21       you like Senator Fuschillo to yield for

        22       another question?

        23                  SENATOR PERKINS:    Yes, through

        24       you --

        25                  SENATOR FUSCHILLO:    Well, I think



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         1       he was finishing the first part.

         2                  But through you, Mr. President, I

         3       think your message is greater than that.  And

         4       you and I will work on that to clarify that

         5       issue if it's not clarified here now.  Your

         6       message is one of public safety, and that's

         7       what my message is, to protect our citizens

         8       that choose to go to the outdoor vendors.

         9       It's not to prohibit legitimate businesses

        10       that are there right now or pay a fee.

        11                  If there's a question of that, and

        12       if something needs to be cleared up through

        13       the questions that Senator Squadron had

        14       raised, I'll be happy to do that.  But this is

        15       bigger than that.  It's a larger operation of

        16       public safety, and also dealing with law

        17       enforcement, to clarify some language that

        18       they need to go after individuals.

        19                  SENATOR PERKINS:    Through you,

        20       Mr. President.

        21                  ACTING PRESIDENT FLANAGAN:

        22       Senator Perkins.

        23                  Senator Fuschillo, will you

        24       continue to yield?

        25                  SENATOR FUSCHILLO:    I'd be happy



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         1       to, Senator.

         2                  SENATOR PERKINS:    I believe that

         3       you're after bigger fish than what it is that

         4       I'm very concerned about.  But very often

         5       those big nets catch little fish, and not

         6       intentionally.  And I'm concerned about the

         7       possibility that that might happen, especially

         8       since these are small entrepreneurs that we

         9       encourage who are decent, law-abiding and even

        10       provide somewhat of a public safety value by

        11       virtue of their presence in the neighborhood.

        12       So --

        13                  SENATOR FUSCHILLO:    And I agree

        14       with you, Senator, and your comments are duly

        15       noted.

        16                  SENATOR PERKINS:    All right,

        17       thank you.  Thank you.

        18                  ACTING PRESIDENT FLANAGAN:    Thank

        19       you, Senator Perkins.

        20                  Any other Senator wishing to be

        21       heard?

        22                  Senator Squadron.

        23                  SENATOR SQUADRON:    Through you,

        24       Mr. President, to Senator Fuschillo, I did say

        25       I was done; I have one final question, through



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         1       you, Mr. President, if Senator Fuschillo would

         2       be willing to yield.

         3                  ACTING PRESIDENT FLANAGAN:

         4       Senator Fuschillo, will you yield to one final

         5       question?

         6                  SENATOR FUSCHILLO:    The second

         7       final question?

         8                  I'd be happy to yield to your final

         9       question.

        10                  SENATOR SQUADRON:    Thank you.  I

        11       appreciate that.  And I did say I would not

        12       have any more.

        13                  So very briefly, is there a same-as

        14       bill in the Assembly?

        15                  SENATOR FUSCHILLO:    Yes, there

        16       is.

        17                  SENATOR SQUADRON:    Thank you.  I

        18       thank Senator Fuschillo.

        19                  So just very briefly -- and again,

        20       we are sharing a lot of values and goals here,

        21       and I really do appreciate Senator Fuschillo's

        22       willingness to debate this.

        23                  I worry -- and in fact, when I was

        24       a freshman here last year I was repeatedly

        25       told by more senior colleagues on other side



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         1       of the aisle to be very, very careful about

         2       passing one-houses that weren't fully formed

         3       and fully ready, frankly especially if there's

         4       a same-as, for fear that before you know it,

         5       it could become law before it's ready.

         6                  So I really would urge, again

         7       Senator Fuschillo to hold the bill today so

         8       that we can all be voting unanimously for

         9       something that we support as a goal.

        10       Certainly, as I've said before, if Senator

        11       Fuschillo chooses not to hold it, I'll be

        12       voting in the negative.

        13                  But we have an opportunity here to

        14       do something bipartisan together and something

        15       better formed when this house passes it.  So I

        16       would really urge that.

        17                  Thank you, Mr. President.

        18                  ACTING PRESIDENT FLANAGAN:    Thank

        19       you, Senator Squadron.

        20                  Are there any other Senators

        21       wishing to be heard?

        22                  Hearing none, debate is closed.

        23       The Secretary will ring the bell.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT FLANAGAN:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT FLANAGAN:

         6       Senator Perkins, to explain his vote.

         7                  SENATOR PERKINS:    Thank you very

         8       much.

         9                  I want to extend my appreciation to

        10       the sponsor for the laudable efforts that he's

        11       making for what is clearly a very, very

        12       important concern and something that we would

        13       all normally want to be able to support.

        14                  Unfortunately for me, I'm not going

        15       to be able to vote for this bill at this time.

        16       I'd like to be able to join with the sponsor

        17       and fix it, if you will, such that it

        18       addresses some of the concerns that I believe

        19       are legitimate that I have that reflect the

        20       kinds of entrepreneurship that you probably

        21       would want to be supportive of.

        22                  But I think you might not

        23       appreciate how this net manages to capture

        24       those folks unintentionally.  So from that

        25       point of view, I'm going to have to vote no.



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         1                  ACTING PRESIDENT FLANAGAN:

         2       Senator Perkins, thank you.

         3                  Would the members who are seeking

         4       to vote in the negative, would you please

         5       kindly raise your hands again so that the

         6       clerk may get an accurate count.

         7                  Senator Hassell-Thompson, to

         8       explain her vote.

         9                  SENATOR HASSELL-THOMPSON:    Thank

        10       you, Mr. President.

        11                  I too echo the concerns raised by

        12       Senator Perkins.  I think that there are some

        13       areas of specificity that we could do to make

        14       this bill a little bit better.

        15                  I too would like to volunteer to

        16       work with the sponsor to work on some of those

        17       areas of glitches.  In communities such as the

        18       type that both Senator Perkins and I

        19       represent, we have a large number of vendors.

        20       And we have worked very hard to make sure,

        21       number one, that those vendors are licensed

        22       vendors.  The 125th Street is world-known for

        23       the numbers of vendors and how they have now

        24       spatially created a place for that kind of

        25       vending opportunity.



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         1                  But too often in helping them to

         2       create a legitimacy, which is what we've

         3       striven very hard to do, we want to be sure

         4       that the things that we do here on the floor

         5       don't adversely affect their ability to do

         6       business.

         7                  So again, I'd like to offer my help

         8       in developing the language that would make

         9       this the bill with the intent that you have,

        10       Senator Fuschillo, but that would give the

        11       protections appropriately to those that fall

        12       outside of that category.

        13                  Thank you, Mr. President.

        14                  ACTING PRESIDENT FLANAGAN:    Thank

        15       you, Senator Hassell-Thompson.

        16                  The clerk will announce the

        17       results.

        18                  THE SECRETARY:    Those recorded in

        19       the negative on Calendar Number 80:  Senators

        20       Breslin, Hassell-Thompson, Huntley,

        21       Liz Krueger, Perkins, Rivera and Squadron.

        22                  Absent from voting:  Senators

        23       Montgomery, Parker, and Smith.

        24                  Ayes, 49.  Nays, 7.

        25                  ACTING PRESIDENT FLANAGAN:    The



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         1       bill is passed.

         2                  Senator Libous.

         3                  SENATOR LIBOUS:    Thank you,

         4       Mr. President.

         5                  Mr. President, has the desk

         6       received an announcement from the Assembly?

         7                  ACTING PRESIDENT FLANAGAN:    We

         8       have, Senator Libous, and it is filed in the

         9       Journal Clerk's office.

        10                  SENATOR LIBOUS:    Thank you,

        11       Mr. President.

        12                  Before we adjourn, there will be an

        13       immediate Republican conference in Room 332.

        14                  And, Mr. President, is there any

        15       further business at the desk?

        16                  ACTING PRESIDENT FLANAGAN:    No,

        17       there is not, Senator Libous.

        18                  SENATOR LIBOUS:    Thank you,

        19       Mr. President.

        20                  Seeing there be no further

        21       business, we will adjourn until Tuesday,

        22       March 8th, at 3:00 p.m.

        23                  ACTING PRESIDENT FLANAGAN:    On

        24       motion, the Senate stands adjourned until

        25       Tuesday, March 8th, at 3:00 p.m.



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         1                  (Whereupon, at 3:40 p.m., the

         2       Senate adjourned.)

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