Regular Session - April 4, 2011
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 4, 2011
11 3:15 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR THOMAS F. O'MARA, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT O'MARA: The
3 Senate will come to order.
4 I ask everyone to join me in the
5 Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT O'MARA: Today
9 we have the Reverend Peter G. Young, from
10 Mother Teresa Community here in Albany, to
11 lead us in a prayer.
12 REVEREND YOUNG: Thank you,
13 Senator.
14 Let us pray.
15 As Senators on this day of the
16 session, we heard the bell that calls us to
17 hear one another for the benefit of our
18 New York State constituents. The invocation
19 calls us to be true, to be best at what we
20 might become as a legislative leader.
21 We need to heed the call of our own
22 hearts, and with compassion and equity, as on
23 this day in memory, especially with this
24 thought of the murder of Martin Luther King in
25 1968 on this day. Too often we forget our
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1 leaders that have sacrificed their lives for
2 what we enjoy today. May we have that
3 attitude of gratitude for what they have done
4 for us.
5 Amen.
6 ACTING PRESIDENT O'MARA: Reading
7 of the Journal.
8 THE SECRETARY: In Senate,
9 Sunday, April 3rd, the Senate met pursuant to
10 adjournment. The Journal of Saturday,
11 April 2nd, was read and approved. On motion,
12 Senate adjourned.
13 ACTING PRESIDENT O'MARA: Without
14 objection, the Journal stands approved as
15 read.
16 Presentation of petitions.
17 Messages from the Assembly.
18 Messages from the Governor.
19 Reports of standing committees.
20 Reports of select committees.
21 Communications and reports from
22 state officers.
23 Motions and resolutions.
24 Senator Klein.
25 SENATOR KLEIN: Mr. President, on
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1 page number 8 I offer the following amendments
2 to Calendar Number 86, Senate Print number
3 1031A, and ask that said bill retain its place
4 on Third Reading Calendar.
5 ACTING PRESIDENT O'MARA: The
6 amendments are received and adopted, and the
7 bill retain its position on the Third Reading
8 Calendar.
9 Senator Libous.
10 SENATOR LIBOUS: Thank you,
11 Mr. President.
12 On behalf of Senator Fuschillo, on
13 page 19 -- it looks like a 4 or a 9. I'll
14 guess 19 and see how close I am -- I offer the
15 following amendments to Calendar Number 247,
16 Senate Print Number 547 -- or 597. We need to
17 close the loops on our 9s -- and ask that said
18 bill retain its place on the Third Reading
19 Calendar.
20 ACTING PRESIDENT O'MARA: The
21 amendments are received and adopted, and the
22 bill will retain its place on the Third
23 Reading Calendar.
24 Senator Libous.
25 SENATOR LIBOUS: Mr. President,
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1 on behalf of Senator Grisanti, on page 17 I
2 offer the following amendments to Calendar
3 Number 234, Senate Print 1737, and ask that
4 said bill retain its place on the Third
5 Reading Calendar.
6 ACTING PRESIDENT O'MARA: The
7 amendments are received and adopted. The bill
8 will retain its place on the Third Reading
9 Calendar.
10 Senator Libous.
11 SENATOR LIBOUS: Mr. President,
12 on behalf of Senator Ranzenhofer, I believe
13 there's a privileged resolution at the desk.
14 May we please have it read in its entirety and
15 call on Senator Ranzenhofer before we move for
16 its adoption.
17 ACTING PRESIDENT O'MARA: The
18 Secretary will read.
19 THE SECRETARY: By Senator
20 Ranzenhofer, Legislative Resolution Number
21 1149, congratulating the 2010 Williamsville
22 North High School Girls Field Hockey Team upon
23 the occasion of capturing the New York State
24 Class A Championship.
25 "WHEREAS, Excellence and success in
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1 competitive sports can be achieved only
2 through strenuous practice, team play and team
3 spirit, nurtured by dedicated coaching and
4 strategic planning; and
5 "WHEREAS, Athletic competition
6 enhances the moral and physical development of
7 the young people of this state, preparing them
8 for the future by instilling in them the value
9 of teamwork, encouraging a standard of healthy
10 living, imparting a desire for success, and
11 developing a sense of fair play and
12 competition; and
13 "WHEREAS, On November 20, 2010, the
14 Lady Spartans Williamsville North High School
15 captured the Class A Girls Field Hockey
16 Championship with a 1-0 victory over
17 Mamaroneck. It was their second New York
18 State title in four years, previously winning
19 the championship in 2007; and
20 "WHEREAS, The 2010 Williamsville
21 North High School Girls Field Hockey Team
22 finished the season undefeated with an
23 outstanding 21-0. The team amassed an
24 extraordinary 18 shutouts during the season;
25 and
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1 "WHEREAS, In addition to winning
2 two New York State championships in the past
3 four years, the Williamsville North High
4 School Girls Field Hockey Team has achieved a
5 tradition of excellence over many years. It
6 has vied for the state title six times in the
7 last eight years. They have won eight section
8 titles, nine division titles, and nine league
9 titles since 1999 (eight since 2002), and 31
10 of its players have earned All-State status
11 and 10 players have reached All-American
12 status; and
13 "WHEREAS, The Williamsville North
14 High School Girls Field Hockey Team has also
15 been ranked number one on a weekly basis in
16 the All-Western New York Coaches Poll since
17 the 2003 season. Its record since 2002 is an
18 outstanding 162-16-6, and it has compiled an
19 exceptional 130-11-5 record since its first
20 State Tournament team in 2003; and
21 "WHEREAS, The athletic talent
22 displayed by this team is due in great part to
23 the efforts of Coach Kristine LaPaglia and
24 Assistant Coach Dalton Beaver, skilled and
25 inspirational mentors respected for their
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1 ability to develop potential into excellence;
2 and
3 "WHEREAS, Coach Kristine LaPaglia
4 has been coaching for 14 years and reached a
5 career milestone this past season by securing
6 her 200th career win in October. Her overall
7 record as a coach is 207 wins, 48 losses and
8 13 ties; and
9 "WHEREAS, In 2008 and again in
10 2009, Coach LaPaglia was named the North
11 Region Coach of the Year by the National Field
12 Hockey Coaches Association; and
13 "WHEREAS, The team's overall record
14 is outstanding, and the team members were
15 loyally and enthusiastically supported by
16 family, fans, friends and the community at
17 large; and
18 "WHEREAS, The hallmarks of the 2010
19 Williamsville North High School Girls Field
20 Hockey Team, from the opening game of the
21 season to capturing the Class A Championship,
22 were a sisterhood of athletic ability, of good
23 sportsmanship, of honor and of scholarship,
24 demonstrating that these team players are
25 second to none; and
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1 "WHEREAS, Athletically and
2 academically, the team members have proven
3 themselves to be an unbeatable combination of
4 talents, reflecting favorably on their school
5 and community; and
6 "WHEREAS, Coach Kristine LaPaglia
7 and Assistant Coach Dalton Beaver have done a
8 superb job in guiding, molding and inspiring
9 the team members toward their goals; and
10 "WHEREAS, Sports competition
11 instills the values of teamwork, pride and
12 accomplishment, and Coach Kristine LaPaglia,
13 Assistant Coach Dalton Beaver, and the 2010
14 Williamsville North High School Girls Field
15 Hockey Team's outstanding athletes have
16 clearly made a contribution to the spirit of
17 excellence which is a tradition of their
18 school; now, therefore, be it
19 "RESOLVED, That this Legislative
20 Body pause in its deliberations to
21 congratulate the 2010 Williamsville High
22 School Girls Field Hockey Team, its members --
23 Juliet Holme, Michelle Gambacorta, Petrina
24 Sciandra, Ashley Favata, Emily Woods, Tiffany
25 Cioppi, Alayna Wageman, Christine Murphy,
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1 Elise Kellner, Caitlin Dwyer, Elena Hingston,
2 Emily Koestler, Lainey Materise, Sara
3 Gambacorta, Michelle Rowekamp, Rachel Attea,
4 Nikki Atkins, Ashley Fillmore, Jess Wess, and
5 Allie Ahern -- and Coach Kristine LaPaglia and
6 Assistant Coach Dalton Beaver on their
7 outstanding season, overall team record, and
8 Class A New York State Championship; and be it
9 further
10 "RESOLVED, That a copy of this
11 resolution, suitably engrossed, be transmitted
12 to the members of the 2010 Williamsville North
13 High School Girls Field Hockey Team, and to
14 Coach Kristine LaPaglia and Assistant Coach
15 Dalton Beaver."
16 ACTING PRESIDENT O'MARA: Senator
17 Ranzenhofer on the resolution.
18 SENATOR RANZENHOFER: Thank you,
19 Mr. President.
20 It gives me a great deal of
21 pleasure to welcome the athletic director, Bob
22 Rosen, and also Coach Kristine LaPaglia and
23 Assistant Coach Dalton Beaver, and the young
24 women who make up the 2010 Williamsville North
25 High School Girls Field Hockey Team.
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1 They got up early this morning and
2 traveled nearly 300 miles to be here today.
3 And I think what we see here today are a very
4 dedicated, talented, energetic group of young
5 women who not only excel on the field, as was
6 indicated when the resolution was read, but
7 also excel in the classroom.
8 I believe that their dedication,
9 their teamwork, their hard work -- and we met
10 a little bit earlier today. I told them that
11 the relationships and the bonds that they
12 formed with their teammates are ones that will
13 really last with them forever. It's not just
14 winning the state championship, but it's
15 really what went into having the ability to
16 get there -- the dedication, getting up early
17 in the morning, supportive parents, talented
18 coaches and assistant coaches -- to put them
19 in a position where they are today.
20 So again, I would like to welcome
21 them to the chamber and congratulate them not
22 only on this year's success but continued
23 success into the future.
24 Thank you very much, Mr. President.
25 ACTING PRESIDENT O'MARA: Thank
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1 you, Senator Ranzenhofer.
2 And girls, congratulations on your
3 success for the State Championship. Thank you
4 for joining us here in Albany today, and I
5 hope you enjoy your stay with us.
6 On the resolution. All in favor
7 signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT O'MARA:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT O'MARA: The
13 resolution is adopted.
14 (Applause.)
15 ACTING PRESIDENT O'MARA: Senator
16 DeFrancisco.
17 SENATOR DeFRANCISCO: May I speak
18 on the resolution a moment?
19 ACTING PRESIDENT O'MARA: Without
20 objection.
21 SENATOR DeFRANCISCO: Without
22 objection.
23 I just want to congratulate the
24 team here. I'm from Syracuse, New York, and
25 we bring in champions all the time.
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1 (Laughter.)
2 SENATOR DeFRANCISCO: And it's
3 really nice that you would win the
4 championship so Senator Ranzenhofer would
5 finally get up and be able to stand up and
6 speak on a resolution like that. So thank you
7 very, very much.
8 (Laughter.)
9 ACTING PRESIDENT O'MARA:
10 Objection sustained.
11 (Laughter.)
12 ACTING PRESIDENT O'MARA: Senator
13 LaValle.
14 SENATOR LaVALLE: May we please
15 have the noncontroversial reading of the
16 calendar, Mr. President.
17 ACTING PRESIDENT O'MARA: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 68, by Senator LaValle, Senate Print 2581, an
21 act to amend the Public Service Law.
22 ACTING PRESIDENT O'MARA: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the 180th day.
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1 ACTING PRESIDENT O'MARA: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 56.
5 ACTING PRESIDENT O'MARA: Senator
6 LaValle, why do you rise?
7 SENATOR LaVALLE: To explain my
8 vote.
9 ACTING PRESIDENT O'MARA: Yes, to
10 explain your vote.
11 SENATOR LaVALLE: Mr. President,
12 this is very critical and important
13 legislation for Long Island because it would
14 provide an oversight of rates by the PSC to
15 ensure that rates are just, reasonable and
16 transparent.
17 We pay some of the highest rates in
18 the entire nation. And this legislation would
19 bring the Long Island Power Authority under
20 the same scrutiny that all other energy
21 providers would have, and that is a review by
22 the PSC.
23 And it's consistent with the
24 resolution that was passed in 1997 that had
25 Long Island Power Authority by the PACB in
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1 that document in '97 that any rate over
2 2.5 percent would be reviewable by the PSC.
3 This legislation is consistent with that
4 resolution that was passed in 1997.
5 I vote yes, Mr. President.
6 ACTING PRESIDENT O'MARA: Senator
7 LaValle will be recorded in the affirmative.
8 Senator Fuschillo to explain his
9 vote.
10 SENATOR FUSCHILLO: Thank you
11 very much, Mr. President. Just briefly.
12 Let me thank Senator LaValle for
13 his leadership on this issue for not just
14 today but for a number of years.
15 Many years ago, LIPA was created to
16 be the ratepayers' protector when we took over
17 LILCO. I think they've failed at their
18 responsibility. And this legislation is
19 critically important for transparency, greater
20 accountability of the LIPA board of trustees
21 and the administration there as well.
22 This legislation had passed a
23 number of years ago in both houses, and the
24 governor -- one of the former governors had
25 vetoed it. I hope it doesn't go onto the same
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1 path. I urge the Assembly to do it, to follow
2 Senator LaValle's lead, and for Governor Cuomo
3 to sign it into law.
4 Thank you very much, Mr. President.
5 ACTING PRESIDENT O'MARA: Senator
6 Fuschillo will be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 56.
9 ACTING PRESIDENT O'MARA: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 76, by Senator Marcellino, Senate Print 559,
13 an act authorizing the County of Nassau.
14 ACTING PRESIDENT O'MARA: A
15 home-rule message is at the desk.
16 Read the last section.
17 THE SECRETARY: Section 6. This
18 act shall take effect immediately.
19 ACTING PRESIDENT O'MARA: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 56.
23 ACTING PRESIDENT O'MARA: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 90, by Senator Young, Senate Print 769, an act
2 to amend the Agriculture and Markets Law.
3 ACTING PRESIDENT O'MARA: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT O'MARA: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 56.
11 ACTING PRESIDENT O'MARA: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 128, by Senator Maziarz, Senate Print 164C, an
15 act to amend Vehicle and Traffic Law.
16 ACTING PRESIDENT O'MARA: Read
17 the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 90th day.
20 ACTING PRESIDENT O'MARA: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT O'MARA: Senator
24 Rivera to explain his vote.
25 SENATOR RIVERA: Thank you,
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1 Mr. President. To explain my vote.
2 I will be voting in the negative on
3 this bill. The only reason I am doing that, I
4 want it to be clear, it seems that certain
5 aspects of this bill might create certain
6 situations that would actually -- if in a
7 situation, for example, where there's a
8 designated driver who is a permitted driver
9 while there is a driver who has been -- who is
10 the supervising driver who is intoxicated, and
11 yet the permitted driver is not, it seems that
12 this bill would put that person in a situation
13 where they might be liable for a Class E
14 felony.
15 Also, the possibility that if
16 there's no infraction, let's say that there is
17 a checkpoint and the person goes through the
18 checkpoint, is pulled over for no reason
19 except that they went through the
20 checkpoint -- and again, the permitted driver
21 is totally sober, but some of the other folks
22 in the vehicle or the driver to the side might
23 be intoxicated, that might create a situation
24 where they might be held liable for a Class E
25 felony.
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1 For those reasons, although I
2 certainly believe that it is important to
3 protect us, all of us, from drunk driving, in
4 this case, in this bill, I'm going to have to
5 vote in the negative.
6 Thank you, Mr. President.
7 ACTING PRESIDENT O'MARA: Thank
8 you, Senator Rivera.
9 Call the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT O'MARA: Senator
12 Rivera will be recorded in the negative.
13 Senator Maziarz to explain his
14 vote.
15 SENATOR MAZIARZ: Thank you very
16 much, Mr. President. To explain my vote.
17 Mr. President, this legislation
18 would provide for additional criminal
19 penalties for an individual, a supervising
20 driver -- that is, someone who is supervising
21 an individual who has a learner's permit and
22 who is under the influence of drugs or
23 alcohol.
24 This legislation came about because
25 of a very tragic incident in Orleans County on
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1 September 4, 2009, where Corey Buzard, who had
2 been drinking all day at a family party, and
3 was way to too drunk to drive but he convinced
4 a 17-year-old cousin to drive him to a
5 convenience store to get additional alcohol.
6 And he put his 8-year-old daughter Abagail in
7 the back seat of car.
8 It was a dark night, it was a rainy
9 night, Orleans County is an extremely rural
10 county, and this young 17-year-old driver
11 drove off the road into a gully, and little
12 Abagail was killed. A beautiful little
13 red-haired girl; her mother said her eyes were
14 blue like the sky. And she died a horrible
15 death which I won't describe here today.
16 And her father did absolutely
17 nothing, nothing to try to save his daughter's
18 live. He didn't because he was too drunk to
19 even to attempt to save his 8-year-old
20 daughter.
21 This legislation hopefully will get
22 voted on here in this house today, and, along
23 with my colleagues in the Assembly, we can
24 hopefully provide that this tragic accident
25 that happened to little Abagail will not
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1 happen again.
2 I vote in the affirmative. Thank
3 you, Mr. President.
4 ACTING PRESIDENT O'MARA: Senator
5 Maziarz to be recorded in the affirmative.
6 Senator Adams to explain his vote.
7 SENATOR ADAMS: I understand my
8 colleague's concern about the bill, but I have
9 to commend Senator Maziarz on this bill.
10 Because the point of a supervisor,
11 a driver or person in the vehicle, you know,
12 that is the reason why we put in place these
13 procedures. Because you expect the person
14 who's the intelligent one in the vehicle is to
15 actually ensure that no one is on the road
16 that's driving while either under the
17 influence of alcohol or drugs.
18 And I thinking this sends a strong
19 message that we have to really concern
20 ourselves about, you know, who's on the road.
21 Not only does it impact the individuals in the
22 vehicle, but it impacts others who are on the
23 road.
24 So I'll be voting aye for this
25 bill. I think this is a good bill. And I
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1 think it covers a very important aspect. I
2 understand my colleague's concern over it, but
3 I think the bill in itself is a good bill.
4 I'll be voting aye.
5 ACTING PRESIDENT O'MARA: Senator
6 Adams to be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 128, recorded in the negative:
10 Senator Rivera.
11 Ayes, 56. Nays, 1.
12 ACTING PRESIDENT O'MARA: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 161, by Senator LaValle, Senate Print 2978 --
16 SENATOR LaVALLE: Lay the bill
17 aside for the day, please.
18 ACTING PRESIDENT O'MARA: The
19 bill is laid aside for the day.
20 THE SECRETARY: Calendar Number
21 175, by Senator Golden, Senate Print 2168, an
22 act to amend the Penal Law.
23 ACTING PRESIDENT O'MARA: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the first of
2 November.
3 ACTING PRESIDENT O'MARA: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: In relation to
7 Calendar Number 175, those recorded in the
8 negative are Senators Duane, Montgomery and
9 Perkins.
10 Ayes, 54. Nays, 3.
11 ACTING PRESIDENT O'MARA: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 258, by Senator Young, Senate Print 771 --
15 SENATOR LIZ KRUEGER: Lay it
16 aside.
17 ACTING PRESIDENT O'MARA: The
18 bill is laid aside.
19 THE SECRETARY: Calendar Number
20 261, by Senator Ritchie, Senate Print 4080, an
21 act to amend the Agriculture and Markets Law.
22 ACTING PRESIDENT O'MARA: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 30th day.
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1 ACTING PRESIDENT O'MARA: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 ACTING PRESIDENT O'MARA: The
6 bill is passed.
7 Senator LaValle, that completes the
8 noncontroversial reading of the calendar.
9 SENATOR LaVALLE: Thank you,
10 Mr. President.
11 Now may we have the controversial
12 reading of the calendar, please.
13 ACTING PRESIDENT O'MARA: The
14 Secretary will ring the bells.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 258, by Senator Young, Senate Print 771, an
18 act to amend the Agriculture and Markets Law.
19 SENATOR LIZ KRUEGER:
20 Explanation, please.
21 ACTING PRESIDENT O'MARA: Senator
22 Young, an explanation has been requested.
23 SENATOR YOUNG: Certainly.
24 This legislation requires that
25 information collected and maintained by the
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1 Department of Agriculture and Markets relating
2 to the registration and identification of
3 premises and animals shall be held
4 confidential.
5 ACTING PRESIDENT O'MARA: Senator
6 Krueger.
7 SENATOR LIZ KRUEGER: Thank you,
8 Mr. President. If the sponsor would please
9 yield to a question.
10 ACTING PRESIDENT O'MARA: Senator
11 Young, will you yield for a question?
12 SENATOR YOUNG: Yes.
13 SENATOR LIZ KRUEGER: Thank you.
14 So if this bill became the law, my
15 understanding is you could no longer, through
16 Freedom of Information, find out records of
17 health problems on specific farms. So let's
18 say a specific farm had an outbreak of
19 documented mad cow disease; there would be no
20 way for the public to find out that
21 information.
22 SENATOR YOUNG: Through you,
23 Mr. President. Actually, the Department of Ag
24 & Markets may disclose such confidential data
25 provided that the department determines that
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1 disclosure is needed for the protection of the
2 public or animal health and safety.
3 So if there were, you know, an
4 outbreak of mad cow disease, for example, that
5 information could be disclosed by the
6 department if they deem it to be the right
7 course to take.
8 SENATOR LIZ KRUEGER: Thank you,
9 Mr. President.
10 On the bill.
11 ACTING PRESIDENT O'MARA: On the
12 bill.
13 SENATOR LIZ KRUEGER: Thank you.
14 I appreciate the sponsor's answer to my
15 question.
16 I have to say I think that when it
17 comes to public health, the public's right to
18 find out information -- such as has there been
19 a disease outbreak potentially having a risk
20 to the public if they were to in fact digest
21 that food -- has a greater public good to make
22 sure that that information can be made
23 available.
24 It's not that I don't trust our
25 Department of Ag & Markets. We've
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1 historically had wonderful people leading the
2 department. I hope to have a new commissioner
3 there who I'll be very confident in.
4 Nonetheless, I think that the
5 public's overriding right to be able to find
6 out information about the health conditions of
7 farm animals and whether there is any kind of
8 outbreak of disease and whether there is any
9 kind of risk to those of us in the public who
10 count on making sure that our food supply is
11 healthy and does not cause disease is an
12 overriding right of the public, particularly
13 at a time where we know that unfortunately at
14 the federal level they've decreased the amount
15 of supervision and inspections that take
16 place.
17 We've seen growing, year after
18 year, an increased rate of disease associated
19 with our food supply not being carefully
20 evaluated before it comes to market. We have
21 a growth in salmonella, we have a growth of
22 food-poisoning cases that track back to our
23 food supply.
24 And given the fact that government
25 is not always as diligent as we all hope it
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1 would be, particularly in times of limited
2 resources, I cannot vote for a bill that would
3 decrease the public's right to find out
4 information that is known by a government
5 agency on something as important as our
6 health, the public's health and our food
7 supply.
8 So I'll be voting no,
9 Mr. President. Thank you.
10 ACTING PRESIDENT O'MARA: Thank
11 you, Senator Krueger.
12 Senator Young on the bill.
13 SENATOR YOUNG: On the bill,
14 Mr. President.
15 Actually, this legislation is
16 strongly supported by the New York State Farm
17 Bureau.
18 And some of the information that
19 could be given out there could work to the
20 disadvantage of the farmers, because
21 competitors can use this information against
22 them as far as having a competitive -- putting
23 them at a competitive disadvantage.
24 I share my colleague Senator
25 Krueger's support for public health issues.
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1 And actually, this legislation protects public
2 health. Because one of the emerging trends
3 that we're concerned about has to do with
4 terrorism and biosecurity and bioterrorism.
5 By protecting this information, we actually
6 can avoid some of the security risks that are
7 out there.
8 So I would encourage my colleagues
9 to vote yes.
10 Thank you.
11 ACTING PRESIDENT O'MARA: Any
12 other Senators wishing to be heard?
13 The Secretary will ring the bell.
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT O'MARA: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT O'MARA:
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar Number 258, those recorded in the
24 negative are Senators Adams, Avella,
25 L. Krueger, Montgomery, Oppenheimer, Rivera,
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1 Serrano, Stavisky and Stewart-Cousins.
2 Absent from voting: Senator Smith.
3 Ayes, 48. Nays, 9.
4 ACTING PRESIDENT O'MARA: The
5 bill is passed.
6 Senator Libous, that completes the
7 controversial reading of the calendar.
8 SENATOR LIBOUS: Mr. President,
9 can we return to motions and resolutions,
10 please.
11 ACTING PRESIDENT O'MARA: Motions
12 and resolutions.
13 SENATOR LIBOUS: On behalf of
14 Senator Fuschillo, on page 14 I offer the
15 following amendments to Calendar Number 183,
16 Senate Print 2728A, and ask that the said bill
17 retain its place on the Third Reading
18 Calendar.
19 ACTING PRESIDENT O'MARA: The
20 amendments are received and adopted, and the
21 bill will retain its place on the Third
22 Reading Calendar.
23 SENATOR LIBOUS: Mr. President,
24 is there any further business at the desk?
25 ACTING PRESIDENT O'MARA: No
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1 further business.
2 SENATOR LIBOUS: There being no
3 further business at the desk, Mr. President, I
4 move that the Senate will adjourn until
5 Tuesday, April 5th, at 3:00 p.m.
6 ACTING PRESIDENT O'MARA: On
7 motion, the Senate stands adjourned until
8 Tuesday, April 5th, at 3:00 p.m.
9 (Whereupon, at 3:47 p.m., the
10 Senate adjourned.)
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