Regular Session - May 18, 2015

                                                                   2579

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 18, 2015

11                     3:48 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR THOMAS D. CROCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2580

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

 2                ACTING PRESIDENT CROCI:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.) 

 9                ACTING PRESIDENT CROCI:   Today's 

10   invocation will be given by the Reverend Peter 

11   G. Young, from Mother Teresa Community in 

12   Albany.

13                REVEREND YOUNG:   Thank you, 

14   Senator.

15                Let us pray.  

16                Assembled today as Senators, we are 

17   proud of all of those elected, as were those who 

18   went on to be Presidents of the United States -- 

19   Van Buren, Fillmore, Arthur, Cleveland, Theodore 

20   and Franklin Roosevelt.  May we continue in the 

21   greatness of their dedicated public service to 

22   all of our citizens.  

23                May we follow in the rich tradition 

24   of the Senators that met here in Kingston in 

25   this session for the representation of being a 


                                                               2581

 1   Senator five days after the Declaration of 

 2   Independence.  

 3                You, O God, have provided our 

 4   Senators in this room with outstanding examples 

 5   to inspire them.  In New York City, on 

 6   April 30th of 1789, President George Washington 

 7   placed his hand on the Bible to serve with 

 8   integrity his nation.  

 9                Our Senators are called to 

10   leadership as Your elected and dedicated public 

11   servants.  Therefore, we call upon You, O God, 

12   to bless them in their work and their name and 

13   in the good work that they can carry on in this 

14   most important work for all of our New York 

15   State citizens.  

16                Amen.

17                ACTING PRESIDENT CROCI:   The 

18   reading of the Journal.

19                THE SECRETARY:   In Senate, Sunday, 

20   May 17th, the Senate met pursuant to 

21   adjournment.  The Journal of Saturday, May 16th, 

22   was read and approved.  On motion, Senate 

23   adjourned.

24                ACTING PRESIDENT CROCI:   Without 

25   objection, the Journal stands approved as read.


                                                               2582

 1                Presentation of petitions.

 2                Messages from the Assembly.

 3                The Secretary will read.

 4                THE SECRETARY:   On page 23, 

 5   Senator Stewart-Cousins moves to discharge, from 

 6   the Committee on Cities, Assembly Bill Number 

 7   1309 and substitute it for the identical Senate 

 8   Bill Number 3463, Third Reading Calendar 196.

 9                On page 31, Senator Ritchie moves 

10   to discharge, from the Committee on Agriculture, 

11   Assembly Bill Number 5155A and substitute it for 

12   the identical Senate Bill 3669, Third Reading 

13   Calendar 370.

14                On page 33, Senator Marcellino 

15   moves to discharge, from the Committee on 

16   Finance, Assembly Bill Number 1163 and 

17   substitute it for the identical Senate Bill 

18   Number 1622, Third Reading Calendar 402.

19                On page 33, Senator Bonacic moves 

20   to discharge, from the Committee on Finance, 

21   Assembly Bill Number 2132 and substitute it for 

22   the identical Senate Bill Number 1866, Third 

23   Reading Calendar 404.

24                On page 35, Senator Amedore moves 

25   to discharge, from the Committee on Crime 


                                                               2583

 1   Victims, Crime and Correction, Assembly Bill 

 2   Number 6527 and substitute it for the identical 

 3   Senate Bill Number 4518, Third Reading Calendar 

 4   423.  

 5                ACTING PRESIDENT CROCI:   The 

 6   substitutions are ordered.

 7                Messages from the Governor.

 8                Reports of standing committees.

 9                Reports of select committees.

10                Communications and reports from 

11   state officers.

12                Motions and resolutions.  

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:    

15   Mr. President, on behalf of Senator Marchione, I 

16   move that the following bill be discharged from 

17   its respective committee and be recommitted with 

18   instructions to strike the enacting clause.  

19   That's Bill Number 3896.  

20                ACTING PRESIDENT CROCI:   So 

21   ordered.

22                SENATOR DeFRANCISCO:   I also move 

23   that the following bills be discharged from their 

24   respective committees and be recommitted with 

25   instructions to strike the enacting clause.  


                                                               2584

 1   That's Bill Numbers 3008, 3434, and 4275, on 

 2   behalf of Senator Young. 

 3                ACTING PRESIDENT CROCI:   So 

 4   ordered.

 5                SENATOR DeFRANCISCO:   On behalf of 

 6   Senator Little, on page 20 I offer the following 

 7   amendments to Calendar Number 161, Senate Print 

 8   Number 817, and ask that said bill retain its 

 9   place on Third Reading Calendar.

10                ACTING PRESIDENT CROCI:   So 

11   ordered.  

12                SENATOR DeFRANCISCO:   Also, on 

13   behalf of Senator Golden, on page 29 I offer the 

14   following amendments to Calendar Number 339, 

15   Senate Print Number 4141, and ask that said bill 

16   retain its place on the Third Reading Calendar.

17                ACTING PRESIDENT CROCI:   So 

18   ordered.

19                SENATOR DeFRANCISCO:   On behalf of 

20   Senator Martins, on page 32 I offer the following 

21   amendments to Calendar Number 390, Senate Print 

22   Number 4649, and ask that said bill retain its 

23   place on the Third Reading Calendar.

24                ACTING PRESIDENT CROCI:   So 

25   ordered.


                                                               2585

 1                SENATOR DeFRANCISCO:   And finally, 

 2   on behalf of Senator Croci, on page 44 I offer 

 3   the following amendments to Calendar Number 524, 

 4   Senate Print Number 4278, and ask that said bill 

 5   retain its place on the Third Reading Calendar.

 6                ACTING PRESIDENT CROCI:   So 

 7   ordered.

 8                SENATOR DeFRANCISCO:   And I'd ask 

 9   that you'd recognize Senator Valesky.

10                ACTING PRESIDENT CROCI:   Senator 

11   Valesky.

12                SENATOR VALESKY:   Thank you, 

13   Mr. President.  

14                On behalf of Senator Klein, on 

15   page 18 I offer the following amendments to 

16   Calendar 82, Senate Bill 1947, and ask that said 

17   bill retain its place on the Third Reading 

18   Calendar.

19                ACTING PRESIDENT CROCI:   So 

20   ordered.

21                Senator DeFrancisco.

22                SENATOR DeFRANCISCO:    

23   Mr. President, Senator Gianaris is very anxious 

24   to present his motion.

25                ACTING PRESIDENT CROCI:   Senator 


                                                               2586

 1   Gianaris.

 2                SENATOR GIANARIS:   Thank you, 

 3   Mr. President.  

 4                On behalf of Senator Kennedy, I move 

 5   that the following bill be discharged from its 

 6   respective committee and be recommitted with 

 7   instructions to strike the enacting clause:  

 8   Senate 760.

 9                ACTING PRESIDENT CROCI:   So 

10   ordered.

11                Senator DeFrancisco.

12                SENATOR DeFRANCISCO:    

13   Mr. President, I now hand up Senator Flanagan's 

14   committee assignments, the following committee 

15   assignments, and ask that they be filed in the 

16   Journal.

17                ACTING PRESIDENT CROCI:   So 

18   ordered.

19                Senator DeFrancisco.  

20                SENATOR DeFRANCISCO:   I'd like to 

21   now call an immediate meeting of the Rules 

22   Committee in Room 332.

23                ACTING PRESIDENT CROCI:   The 

24   assignments are accepted and will be filed in the 

25   Journal.


                                                               2587

 1                There will be an immediate meeting 

 2   of the Rules Committee in Room 332.

 3                The Senate will stand at ease.

 4                (Whereupon, the Senate stood at ease 

 5   at 3:55 p.m.)

 6                (Whereupon, the Senate reconvened at 

 7   4:17 p.m.)

 8                ACTING PRESIDENT CROCI:   Senator 

 9   DeFrancisco.

10                SENATOR DeFRANCISCO:   Yes, 

11   Mr. President.  If we could return to the order 

12   of reports of standing committees for the report 

13   of the Rules Committee.

14                ACTING PRESIDENT CROCI:   Reports of 

15   standing committees.

16                The Secretary will read.

17                THE SECRETARY:   Senator Flanagan, 

18   from the Committee on Rules, reports the 

19   following bills:  

20                Senate Print 165, by Senator Díaz, 

21   an act to amend the State Finance Law; 

22                Senate 415, by Senator Marcellino, 

23   an act to amend the Education Law; 

24                Senate 424, by Senator Marcellino, 

25   an act to amend the Penal Law; 


                                                               2588

 1                Senate 449, by Senator Marcellino, 

 2   an act to amend the Executive Law; 

 3                Senate 513, by Senator Nozzolio, an 

 4   act to amend the Penal Law; 

 5                Senate 862, by Senator Robach, an 

 6   act to amend the Domestic Relations Law; 

 7                Senate 871, by Senator Robach, an 

 8   act to amend the Penal Law; 

 9                Senate 932, by Senator Avella, an 

10   act to amend the Public Housing Law; 

11                Senate 1051, by Senator Ranzenhofer, 

12   an act to amend the Education Law; 

13                Senate 1121, by Senator Squadron, an 

14   act to amend the Vehicle and Traffic Law; 

15                Senate 1440, by Senator O'Mara, an 

16   act to amend the Penal Law;

17                Senate 1478, by Senator Libous, an 

18   act to amend the Highway Law;

19                Senate 1581, by Senator Seward, an 

20   act to amend the Public Authorities Law; 

21                Senate 1696, by Senator Bonacic, an 

22   act to amend the Mental Hygiene Law; 

23                Senate 1974, by Senator Griffo, an 

24   act to amend the Penal Law; 

25                Senate 2203, by Senator Larkin, an 


                                                               2589

 1   act to amend the Vehicle and Traffic Law; 

 2                Senate 2318, by Senator Young, an 

 3   act to amend the Civil Rights Law; 

 4                Senate 2546, by Senator Lanza, an 

 5   act to amend Chapter 306 of the Laws of 2011; 

 6                Senate 2698, by Senator Felder, an 

 7   act to amend the Vehicle and Traffic Law; 

 8                Senate 2819, by Senator Lanza, an 

 9   act to amend the Penal Law; 

10                Senate 3306, by Senator Ritchie, an 

11   act to amend the Correction Law; 

12                Senate 3317, by Senator Lanza, an 

13   act to amend the Penal Law;

14                Senate 3694A, by Senator Serino, an 

15   act to amend the Penal Law; 

16                Senate 3725, by Senator Lanza, an 

17   act to establish; 

18                Senate 4266A, by Senator Carlucci, 

19   an act relating to; 

20                Senate 4467A, by Senator Griffo, an 

21   act to amend the Education Law; 

22                Senate 4777, by Senator Venditto, an 

23   act to amend the Penal Law; 

24                And Senate 5056A, by Senator Young, 

25   an act to amend the Real Property Tax Law.


                                                               2590

 1                All bills ordered direct to third 

 2   reading.

 3                ACTING PRESIDENT CROCI:   Senator 

 4   DeFrancisco.

 5                SENATOR DeFRANCISCO:   I move to 

 6   accept the report of the Rules Committee.

 7                ACTING PRESIDENT CROCI:   All in 

 8   favor of accepting the report of the 

 9   Rules Committee signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT CROCI:   Opposed, 

12   nay.

13                (No response.)

14                ACTING PRESIDENT CROCI:   The report 

15   is accepted.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:    

18   Mr. President, may we now have the 

19   noncontroversial reading of the calendar.

20                ACTING PRESIDENT CROCI:   The 

21   Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   182, by Senator Lanza, Senate Print 3326, an act 

24   to amend the New York City Health and Hospitals 

25   Corporation Act.  


                                                               2591

 1                SENATOR GIANARIS:   Lay it aside.

 2                SENATOR DeFRANCISCO:   Lay the bill 

 3   aside for the day.

 4                ACTING PRESIDENT CROCI:   The bill 

 5   is laid aside for the day.

 6                THE SECRETARY:   Calendar Number 

 7   186, by Senator Lanza, Senate Print 3855, an act 

 8   to amend the Administrative Code of the City of 

 9   New York.

10                ACTING PRESIDENT CROCI:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CROCI:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.

18                ACTING PRESIDENT CROCI:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   196, substituted earlier by Member of the 

22   Assembly Pretlow, Assembly Print 1309, an act to 

23   amend the Local Finance Law.

24                ACTING PRESIDENT CROCI:   There is a 

25   home-rule message at the desk.


                                                               2592

 1                The Secretary will read the last 

 2   section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT CROCI:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 59.

 9                ACTING PRESIDENT CROCI:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   303, by Senator Robach, Senate Print 4298A, an 

13   act to amend the Vehicle and Traffic Law.

14                ACTING PRESIDENT CROCI:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT CROCI:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.

22                ACTING PRESIDENT CROCI:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   307, by Senator Amedore, Senate Print 3217, an 


                                                               2593

 1   act to amend the Alcoholic Beverage Control Law.

 2                ACTING PRESIDENT CROCI:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT CROCI:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 59.

10                ACTING PRESIDENT CROCI:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   370, substituted earlier by Member of the 

14   Assembly Magee, Assembly Print 5155A, an act to 

15   amend the Agriculture and Markets Law.

16                ACTING PRESIDENT CROCI:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect on the 30th day.

20                ACTING PRESIDENT CROCI:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CROCI:   Announce 

24   the result.

25                THE SECRETARY:   Ayes, 58.  Nays, 1.  


                                                               2594

 1   Senator Espaillat recorded in the negative.

 2                ACTING PRESIDENT CROCI:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   373, by Senator Ritchie, Senate Print 4545, an 

 6   act to amend the Agriculture and Markets Law.

 7                ACTING PRESIDENT CROCI:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CROCI:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT CROCI:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   387, by Senator Young, Senate Print 3423, an act 

19   to amend the Highway Law.

20                ACTING PRESIDENT CROCI:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CROCI:   Call the 

25   roll.


                                                               2595

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.

 3                ACTING PRESIDENT CROCI:   The bill 

 4   is passed.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   394, by Senator Young, Senate Print 4182A, an act 

 8   to amend the Public Health Law.

 9                ACTING PRESIDENT CROCI:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the same date and in the 

13   same manner as Section 2 of Chapter 6 of the Laws 

14   of 2015.

15                ACTING PRESIDENT CROCI:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 59.

19                ACTING PRESIDENT CROCI:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   397, by Senator LaValle, Senate Print 251, an act 

23   to amend the Public Health Law.

24                ACTING PRESIDENT CROCI:   Read the 

25   last section.


                                                               2596

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT CROCI:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.

 7                ACTING PRESIDENT CROCI:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   400, by Senator Carlucci, Senate Print 1227, an 

11   act to amend the Alcoholic Beverage Control Law.

12                SENATOR GIANARIS:   Lay it aside.

13                ACTING PRESIDENT CROCI:   The bill 

14   is laid aside.

15                THE SECRETARY:   Calendar Number 

16   402, substituted earlier by Member of the 

17   Assembly Paulin, Assembly Print 1163, an act to 

18   amend the Executive Law.

19                ACTING PRESIDENT CROCI:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the first of April.

23                ACTING PRESIDENT CROCI:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2597

 1                THE SECRETARY:   Ayes, 59.

 2                ACTING PRESIDENT CROCI:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   403, by Senator Robach, Senate Print 1656, an act 

 6   to amend the Alcoholic Beverage Control Law.

 7                ACTING PRESIDENT CROCI:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CROCI:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT CROCI:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   404, substituted earlier by Member of the 

19   Assembly Pretlow, Assembly Print 2132, an act to 

20   amend the Racing, Pari-Mutuel Wagering and 

21   Breeding Law.

22                ACTING PRESIDENT CROCI:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               2598

 1                ACTING PRESIDENT CROCI:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT CROCI:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   422, by Senator LaValle, Senate Print 4153, an 

 9   act to amend the Correction Law.

10                ACTING PRESIDENT CROCI:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CROCI:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 57.  Nays, 2.  

18   Senators Montgomery and Perkins recorded in the 

19   negative.  

20                ACTING PRESIDENT CROCI:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   423, substituted earlier by Member of the 

24   Assembly Steck, Assembly Print 6527, an act to 

25   amend the Correction Law.


                                                               2599

 1                ACTING PRESIDENT CROCI:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT CROCI:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 59.

 9                ACTING PRESIDENT CROCI:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   430, by Senator Ranzenhofer, Senate Print 3300, 

13   an act to amend the Not-for-Profit Corporation 

14   Law.

15                ACTING PRESIDENT CROCI:   Read the 

16   last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CROCI:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 59.

23                ACTING PRESIDENT CROCI:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2600

 1   487, by Senator Serrano, Senate Print 705, an act 

 2   to amend the Parks, Recreation and Historic 

 3   Preservation Law.

 4                ACTING PRESIDENT CROCI:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect January 1, 2017.

 8                ACTING PRESIDENT CROCI:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT CROCI:   Announce 

12   the result.

13                THE SECRETARY:   In relation to 

14   Calendar Number 487, those recorded in the 

15   negative are Senators Amedore, Croci, 

16   DeFrancisco, Funke, Griffo, Marchione, Murphy, 

17   Ortt and Serino.  

18                Ayes, 50.  Nays, 9.

19                ACTING PRESIDENT CROCI:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   566, by Senator Avella, Senate Print 3580, an act 

23   to amend the Executive Law.

24                ACTING PRESIDENT CROCI:   Read the 

25   last section.


                                                               2601

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the first of January.

 3                ACTING PRESIDENT CROCI:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.

 7                ACTING PRESIDENT CROCI:   The bill 

 8   is passed.

 9                Senator DeFrancisco, that completes 

10   the noncontroversial reading of the calendar.  

11                SENATOR DeFRANCISCO:   Yes, I 

12   understand there is a supplemental calendar, 

13   Number 41A, at the desk.  And I would request 

14   that you do the noncontroversial reading of just 

15   one of those bills.  That's Calendar Number 703.

16                ACTING PRESIDENT CROCI:   The 

17   Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   703, by Senator Nozzolio, Senate Print 513, an 

20   act to amend the Penal Law.

21                ACTING PRESIDENT CROCI:   Read the 

22   last section.

23                THE SECRETARY:   Section 4.  This 

24   act shall take effect on the 180th day.

25                ACTING PRESIDENT CROCI:   Call the 


                                                               2602

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT CROCI:   Senator 

 4   Montgomery to explain her vote.

 5                SENATOR MONTGOMERY:   Thank you, 

 6   Mr. President.

 7                I believe this bill is labeled as 

 8   the Domestic Violence Prevention Act -- 

 9   protection, Domestic Violence Protection Act.  

10   But the fact of the matter is it is extremely 

11   broad in its implication.  

12                And as a matter of fact, as is often 

13   the case, we utilize the name of a person that is 

14   involved in one situation, perhaps, that may or 

15   may not be a common occurrence, and introducing 

16   legislation that becomes law covering many, many, 

17   many, many, many thousands and thousands of 

18   people even though they do not fit the particular 

19   situation.

20                And I must say that when we 

21   establish a registry that in fact includes people 

22   who may or may not -- and very, very frequently 

23   not -- fit the category of the situation that we 

24   claim to address, we then eliminate any 

25   possibility of a second chance, which we claim 


                                                               2603

 1   that we want to support in this Legislature, as 

 2   well as eliminating the possibility of people 

 3   being able to work basically ever again in life.

 4                And so I am voting negative on this 

 5   legislation, and I invite my colleagues to join 

 6   me, because we're not really talking about 

 7   domestic violence protection.  We are talking 

 8   about creating a registry which in its ultimate 

 9   sense will leave so, so many people without ever 

10   the possibility of being able to work, being able 

11   to attend school, attend college, to do so many 

12   things that will make it possible for them to 

13   have a life after perhaps one -- one instance 

14   where they may have done something that would be 

15   classified broadly as a violent offense but may 

16   not result in injury to any, any person, any 

17   individual.

18                So I'm going to vote no on this 

19   because it is too broad and it endangers the 

20   state of becoming the absolute wall against 

21   anyone being able to work again, so many people.

22                So I'm going to vote no and I invite 

23   my colleagues to join me in voting no on this 

24   legislation.

25                ACTING PRESIDENT CROCI:   Senator 


                                                               2604

 1   Montgomery to be recorded in the negative.

 2                Senator Squadron.

 3                SENATOR SQUADRON:   Thank you, 

 4   Mr. President.  

 5                And to follow up on what Senator 

 6   Montgomery was saying, you know, I think we need 

 7   to be very careful in this house.  This bill 

 8   claims to do one thing but actually does 

 9   something else entirely.  

10                Of course, what it claims to do is 

11   something that we all care about on both sides of 

12   the aisle an enormous amount -- cracking down on 

13   domestic violence, on abuse in the home.  

14                In fact, I carried a bill for a long 

15   time that was passed with a Republican sponsor in 

16   2012 out of both houses of the Legislature, and 

17   signed by Governor Cuomo, that created an 

18   aggravated family offense, which would mean that 

19   multiple misdemeanors in a certain definition 

20   become felonies if they're really, truly related 

21   to domestic violence.  

22                That bill was named after NYPD 

23   Officer Alain Schaberger, who was killed while 

24   responding to a domestic dispute, and it passed 

25   with bipartisan support.


                                                               2605

 1                The idea of cracking down on 

 2   domestic violence and abuse, even increasing 

 3   penalties, is something that we have bipartisan 

 4   support for.  Unfortunately, when you slap that 

 5   issue on a bill like this, what you end up doing 

 6   is undermining --

 7                ACTING PRESIDENT CROCI:   We'll 

 8   suspend.  

 9                Can we have some order in the house, 

10   please.  Thank you.

11                Senator Squadron.

12                SENATOR SQUADRON:   When you attach 

13   an issue to a bill like this, what you end up 

14   doing is undermining the entire cause.  And 

15   that's what this does.  This bill has nothing to 

16   do with that issue.  This bill creates a registry 

17   for certain kinds of offenders in a broad, broad, 

18   broad range, as Senator Montgomery said, for 

19   their entire lives.  Broader than most other 

20   states in the country do.  Oklahoma, Indiana, 

21   Kansas and Montana don't have registries as broad 

22   as this one.  

23                If you set off fireworks indoors and 

24   you hurt someone, you're going to be on this 

25   registry for the rest of your life.  If you steal 


                                                               2606

 1   a car, you're going to be on the registry for the 

 2   rest of your life.  If you commit burglary, 

 3   you're going to be on the registry the rest of 

 4   your life.

 5                Now, that's a debate we can have.  

 6   Do you think folks who commit those crimes for 

 7   the rest of their lives should be on a publicly 

 8   available registry that makes it very difficult 

 9   or impossible to find housing, education, jobs?  

10   That's a debate we can have.

11                Unfortunately, we're not having that 

12   debate, because instead this bill is named after 

13   a tragedy and a victim who does need justice and 

14   whose cause we should take up in this house, is 

15   linked to the issue of domestic violence, which 

16   is one that we should continue to take up and try 

17   to stop everywhere we can in this house.  

18                And as a result, it's a one-house 

19   bill that's going to go nowhere.  It's a bill 

20   that's that much harder to vote against because 

21   those issues are so important to all of us on 

22   both sides of this aisle.  And I really think 

23   it's a shame that that's been done.  

24                So I'm going to vote no, 

25   Mr. President, despite the fact that the title 


                                                               2607

 1   and the goal, the stated goal of this bill are 

 2   one that I share and in fact have personally 

 3   fought for and been successful in a bipartisan 

 4   way in moving forward.

 5                Because the idea of a permanent 

 6   registry for folks who set off fireworks indoors 

 7   and happen to injure someone is not something 

 8   that I am convinced is good policy for this 

 9   state, and I think an honest debate would show a 

10   majority of the house agrees.  

11                I'll vote no, Mr. President.  

12                ACTING PRESIDENT CROCI:   Senator 

13   Squadron to be recorded in the negative.

14                Senator Young.

15                SENATOR YOUNG:   Thank you, 

16   Mr. President.

17                I rise in strong and avid support of 

18   this legislation, because the bottom line is that 

19   it has the potential to save lives.  

20                I'd like to correct some of the 

21   remarks made by my colleagues.  Senator Squadron, 

22   this is not a one-house bill.  In fact, it has a 

23   majority sponsor in the other house.  

24                And it is crucial, because knowledge 

25   is power.  And it is named after a victim.  And 


                                                               2608

 1   there are family members of that victim joining 

 2   us here today, in addition to the family members 

 3   of a victim from my district who, if she had had 

 4   the background information on her boyfriend and 

 5   had known how violent he was, she would have run 

 6   in the other direction.

 7                The perpetrator who beat her into 

 8   a coma and nearly bit her lips off and broke so 

 9   many bones in her body had a record.  And if we 

10   had this registry, she would have been able to 

11   look up that record and know that she should have 

12   protected herself.

13                That situation not only happens with 

14   domestic violence victims every single day, it 

15   happens with all sorts of victims who have 

16   experienced violence.  And the fact remains that 

17   perpetrators who create and commit violence are 

18   repeat offenders in so many cases.  The 

19   statistics bear it out.

20                So I want to welcome to the chamber 

21   my constituents Linda Randolph from Cuba, 

22   New York, and her husband, Tom, who have joined 

23   us, who believe in this so strongly in Shannon's 

24   memory.  And I want to thank you for coming all 

25   this way to join us.  


                                                               2609

 1                And as Linda said to me earlier 

 2   today, she will continue to fight for the passage 

 3   of Brittany's Law until she has no breath left in 

 4   her body, because she believes with all her heart 

 5   it's that important.  

 6                And I also want to thank Brittany's 

 7   two grandmas for coming today.  Our hats are off 

 8   to you for your courage, for your advocacy.  It 

 9   will make a difference.

10                I vote aye.

11                ACTING PRESIDENT CROCI:   Senator 

12   Young to be recorded in the affirmative.

13                Seeing no other Senators who wish to 

14   address the bill, Senator Nozzolio to explain his 

15   vote.  

16                SENATOR NOZZOLIO:   Thank you, 

17   Mr. President and my colleagues.  

18                I first and foremost wish to thank 

19   those who have joined in support of this measure.  

20                I want to thank Senator Griffo, who 

21   first thought of the idea of establishing a 

22   registry because of a tragedy which occurred in 

23   his district.

24                I wish to address some of the 

25   comments of Senator Montgomery regarding the 


                                                               2610

 1   incidents, as she calls them, of those who 

 2   qualify for placement on this registry.  

 3                Those incidents that Senator 

 4   Montgomery talks about are those who are 

 5   convicted of crimes such as murder, manslaughter, 

 6   criminal sexual assault, aggravated sexual abuse, 

 7   kidnapping, burglary, aggravated criminally 

 8   negligent homicide, sexual abuse in the second 

 9   degree, as well as the attack on police officers, 

10   those firemen and those other professionals 

11   designed to provide emergency services, as well 

12   as soliciting or providing support for an act of 

13   terrorism.  

14                Those, my colleagues, are not small 

15   incidences.  These are serious violent felonies.  

16   And that's who is to be placed on this registry.

17                I too wish to thank those who have 

18   supported this measure, especially the paternal 

19   and maternal grandparents -- grandmothers of 

20   Brittany Passalacqua.  My heart's out to both 

21   Dale Driscoll and Joan, who are here today, 

22   Joan Tandle, who traveled -- as they have been 

23   traveling the state, they traveled here today 

24   because they wanted to enact this -- see this 

25   measure enacted in Brittany's memory.


                                                               2611

 1                I also ask Senator Montgomery, as 

 2   she said that having your name on this registry 

 3   may be a deterrent to your future, where is your 

 4   compassion for Brittany Passalacqua, who at the 

 5   age of 12 was murdered by a violent felon who was 

 6   convicted?  Did Brittany have the option of ever 

 7   finishing high school, of ever attending college, 

 8   of ever getting married, of ever having a child?  

 9   No.  Her options were terminated by the act of a 

10   heinous violent felon.  

11                And, Mr. President, we need to do 

12   all we can to prevent domestic violence.  We need 

13   to ensure that victims are taken care of, that 

14   shelters, that orders of protection, that the 

15   kinds of things that are necessary and that this 

16   house has supported time and time again are 

17   continued.  

18                However, we need to focus more on 

19   the prevention of domestic violence before it 

20   happens.  Because once it happens, there is a 

21   victim.  And once there is a victim, that victim 

22   is victimized for their entire lives.  As are the 

23   grandparents of Brittany Passalacqua.  

24                Mr. President, thank you for 

25   allowing me to explain my vote.  You can tell 


                                                               2612

 1   this is a very important matter that will 

 2   hopefully prevent domestic violence victims from 

 3   occurring in the future.  And we need to do all 

 4   we possibly can to achieve that objective.  And 

 5   not just those who have been convicted of 

 6   domestic violence, but those who have committed 

 7   serious violent acts.

 8                Thank you, Mr. President.  I 

 9   enthusiastically vote aye, in Brittany's memory, 

10   in support of this measure.

11                ACTING PRESIDENT CROCI:   Senator 

12   Nozzolio to be recorded in the affirmative.

13                Announce the result.

14                THE SECRETARY:   In relation to 

15   Calendar 703, those recorded in the negative are 

16   Senators Comrie, Hamilton, Hoylman, Krueger, 

17   Montgomery, Parker, Peralta, Perkins, Rivera, 

18   Sanders, Serrano and Squadron.

19                Ayes, 49.  Nays, 11.

20                ACTING PRESIDENT CROCI:   The bill 

21   is passed.

22                THE SECRETARY:   Also Senator 

23   Hassell-Thompson.  

24                Ayes, 48.  Nays, 12.

25                ACTING PRESIDENT CROCI:   The bill 


                                                               2613

 1   is passed.

 2                THE SECRETARY:   Also Senator 

 3   Sampson.  

 4                Ayes, 47.  Nays, 13.

 5                ACTING PRESIDENT CROCI:   The bill 

 6   is passed.  

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   Yes, can we 

 9   go back to today's active list and do the 

10   controversial reading, please.

11                ACTING PRESIDENT CROCI:   The 

12   Secretary will ring the bell.  

13                The Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   400, by Senator Carlucci, Senate Print 1227, an 

16   act to amend the Alcoholic Beverage Control Law.

17                SENATOR KRUEGER:   Explanation.

18                ACTING PRESIDENT CROCI:   Senator 

19   Krueger.

20                SENATOR KRUEGER:   I asked for an 

21   explanation.

22                ACTING PRESIDENT CROCI:   Senator 

23   Carlucci, an explanation has been requested.  

24                SENATOR CARLUCCI:   Thank you, 

25   Mr. President.  


                                                               2614

 1                This piece of legislation sets up a 

 2   mechanism, a regulatory mechanism to allow 

 3   wineries, farms to set up a home winemaking 

 4   center.  Unfortunately, in New York we don't have 

 5   any guidelines right now.  This is permissible by 

 6   the federal Alcohol and Tobacco Tax Bureau.  And 

 7   other states like Washington, Oregon, are already 

 8   doing this, and we're losing market share in 

 9   terms of the wine industry to those states.  

10   States like New Jersey, right down the road from 

11   us, are already allowing this to be done.  

12                In fact, I have a winery right in 

13   Rockland County.  Unfortunately, we only have 

14   one.  And we're trying to make sure that they do 

15   well.  They're right on the banks of the 

16   Ramapo River, right by Exit 15A if you're 

17   traveling south on the Thruway.  And right there, 

18   they're just a few miles from New Jersey, where 

19   they allow for home winemaking centers to 

20   operate.  

21                This is another revenue generator 

22   for farms, for vineyards, for wineries here in 

23   New York State.  So we want to make sure that 

24   this passes and allows our farms and our wineries 

25   to flourish.  


                                                               2615

 1                Thank you, Mr. President.

 2                SENATOR KRUEGER:   Through you, 

 3   Mr. President, if the sponsor would please yield.

 4                ACTING PRESIDENT CROCI:   Will the 

 5   sponsor yield?  

 6                SENATOR CARLUCCI:   Yes.

 7                ACTING PRESIDENT CROCI:   Senator 

 8   Krueger.  

 9                SENATOR KRUEGER:   Thank you for 

10   your explanation.  

11                So as I'm reading the bill -- and 

12   you just described we're losing market share.  So 

13   who's going to the -- under this law, it will 

14   allow who to go to the farms and wineries to do 

15   what?  I was still confused.

16                SENATOR CARLUCCI:   So what this 

17   legislation would do, it would allow for a farm 

18   or a winery to set up, to have a mechanism where 

19   they would be able to be permitted to do a home 

20   winemaking center.  

21                What that would do is allow for 

22   private individuals to be able to make their own 

23   wine under the supervision of a regulated winery.  

24   So they would be able to pool these resources, 

25   like fermenting tanks, being able to use that 


                                                               2616

 1   equipment, and also get technical guidance from 

 2   the professionals in how to make the best wine.  

 3                What you could do is you could 

 4   envision groups like a Senator's office could 

 5   team up and they could say, Hey, we want to make 

 6   our own wine.  They would pick the blend, they'd 

 7   say we want a certain amount of merlot and a 

 8   certain amount of cab, and they would buy those 

 9   grapes.  They would then be able to make them and 

10   go through that process.  

11                What is good about this -- this is 

12   what we would call wine tourism.  And we would 

13   allow for people to go back to this facility over 

14   and over again, from the process of picking out 

15   the grapes that they'd like to then going back 

16   and changing the barrels.  So it gives us the 

17   opportunity to sell to these consumers more and 

18   also allows the farmers and the vineyards to sell 

19   more grapes, as well as allows for the vineyard 

20   or the home winemaking center to then lease the 

21   equipment and make another source of revenue for 

22   that business.  

23                SENATOR KRUEGER:   Through you, 

24   Mr. President, if the sponsor would continue to 

25   yield.


                                                               2617

 1                ACTING PRESIDENT CROCI:   Will the 

 2   sponsor continue to yield?  

 3                SENATOR CARLUCCI:   Yes.

 4                ACTING PRESIDENT CROCI:   Senator 

 5   Krueger.

 6                SENATOR KRUEGER:   So I understand a 

 7   winery has the production equipment for making 

 8   wine so it would allow other people to come in 

 9   and make wine using their equipment.

10                Do farms currently have the 

11   equipment to make wine?  And how are they 

12   different than a winery?

13                SENATOR CARLUCCI:   Well, I thank 

14   the Senator for the question.

15                Right now, under this bill, what it 

16   would do is allow for a winery, a vineyard, a 

17   farm to set up an establishment like this.  If a 

18   farm doesn't currently possess that equipment, 

19   they could purchase that and set up their own 

20   home winemaking center.  If you could envision, 

21   it could be an apple farm, it could be a 

22   vineyard.  But they would be able to do this to 

23   help make sure that they could keep that farm 

24   operational and stay here in business in 

25   New York.


                                                               2618

 1                So again, it gives a business, a 

 2   farm maybe that wasn't in this business, the 

 3   opportunity to get into this business, to 

 4   generate revenue, give a pastime to people to 

 5   participate in, and another reason to visit 

 6   New York and other regions around our great 

 7   state.

 8                SENATOR KRUEGER:   Through you, 

 9   Mr. President, if the sponsor would continue to 

10   yield.

11                ACTING PRESIDENT CROCI:   Will the 

12   sponsor yield?

13                SENATOR CARLUCCI:   Yes.

14                ACTING PRESIDENT CROCI:   Senator 

15   Krueger.

16                SENATOR KRUEGER:   So a vineyard 

17   that makes wine is in the business of making 

18   wine -- I guess that's the meaning of "winery" in 

19   the law -- and this would allow them to have 

20   other people come in and use their equipment.  

21                But are farms currently licensed to 

22   make wine?

23                SENATOR CARLUCCI:   So what this 

24   legislation does is -- yes, a vineyard grows 

25   grapes, a winery makes wine.  A farm would then 


                                                               2619

 1   grow whatever type of fruit that someone would 

 2   like to make the wine with.  Right now what this 

 3   does is sets up the permitting process to allow 

 4   them to do it.

 5                Under the federal rules, they allow 

 6   for farms and other establishments to do this 

 7   around the country.  Unfortunately, in New York 

 8   it's not permissible right now.  So what we're 

 9   doing is creating the framework, creating the 

10   regulatory procedure to allow farms to enter into 

11   this market.

12                SENATOR KRUEGER:   Through you, 

13   Mr. President, if the sponsor will continue to 

14   yield.

15                ACTING PRESIDENT CROCI:   Will the 

16   sponsor continue to yield?

17                SENATOR CARLUCCI:   Yes.

18                ACTING PRESIDENT CROCI:   Senator 

19   Krueger.  

20                SENATOR KRUEGER:   So I have the 

21   equipment at my farm or my winery or my vineyard.  

22   I can produce the products myself now.  

23                But under this law, somebody could 

24   come in and use my equipment, perhaps even buy 

25   the grapes from me and use the equipment to make 


                                                               2620

 1   their own wines.  Can they then sell it?

 2                SENATOR CARLUCCI:   So this 

 3   legislation would make sure that the person 

 4   making the wine in the home winemaking centers is 

 5   not allowed to sell the wine.  They'd be able to 

 6   enter it into contests, but they would not be 

 7   able to sell the wine.

 8                It would have to be in a separate 

 9   room, actually, from current winemaking 

10   operations.  So if there was wine being made for 

11   sale through that winery, it would have to be 

12   kept in a separate location that couldn't 

13   commingle.

14                SENATOR KRUEGER:   Through you, 

15   Mr. President, if the sponsor would continue to 

16   yield.

17                ACTING PRESIDENT CROCI:   Will the 

18   Senator continue to yield?  

19                SENATOR CARLUCCI:   Yes.

20                ACTING PRESIDENT CROCI:   Senator 

21   Krueger.

22                SENATOR KRUEGER:   Thank you.  

23                So my understanding is we don't 

24   really have a law that doesn't permit this now.  

25   So is this happening already in New York State?  


                                                               2621

 1                SENATOR CARLUCCI:   I mean, not that 

 2   I'm formally aware of in New York State.  I think 

 3   there might be some organizations that are trying 

 4   to do it.  And right now that I think it is a 

 5   problem with our State Liquor Authority, because 

 6   we have conflicting views on it.  

 7                The federal Alcohol and Tobacco Tax 

 8   Bureau allows for this to be done as long as it's 

 9   set up, the regulatory procedures are set up in 

10   that state.  And that's why you see this 

11   happening in other states, particularly the 

12   leaders when it comes to wine production in terms 

13   of economic output.  

14                But in New York we don't have that 

15   pathway, so we don't allow, really, for these 

16   organizations to set up this kind of revenue 

17   generating.

18                SENATOR KRUEGER:   Through you, 

19   Mr. President, if the sponsor would continue to 

20   yield.

21                ACTING PRESIDENT CROCI:   Does the 

22   sponsor continue to yield?

23                SENATOR CARLUCCI:   Yes.

24                ACTING PRESIDENT CROCI:   Senator 

25   Krueger.  


                                                               2622

 1                SENATOR KRUEGER:   So the economics 

 2   of the proposal interest me.  Because if I am a 

 3   winery now and I have vineyards, wouldn't I 

 4   just rather make the wine you want and sell it to 

 5   you rather having you come in, do it yourself, 

 6   and then not buy my wine again because you've 

 7   made your own wine?

 8                SENATOR CARLUCCI:   Well, of course 

 9   this is something that each individual farmer and 

10   vineyard owner would have to decide if it made 

11   economic sense for them.  

12                I do have a memo of support from the 

13   Farm Bureau, as they believe this would be a 

14   complement to the already thriving vineyard 

15   industry in New York State.  

16                We have over 1600 vineyards in 

17   New York, over 400 wineries, and we want that to 

18   continue to grow in New York State.  It's 

19   something that we've seen great success with, 

20   because regulations have been promulgated through 

21   Ag & Markets.  This body has passed laws to let 

22   our wineries thrive.  So we've seen that market 

23   really take off in New York State, and this will 

24   be a complement to it.  

25                So I think that what will happen is 


                                                               2623

 1   in some of these wineries they'll be able to 

 2   continue to sell their product, but they'll also 

 3   have another revenue generator.  They'll have 

 4   people coming in that are learning the process of 

 5   winemaking, will be given some technical 

 6   assistance, will be able to use the equipment, 

 7   that then this winery will be able to profit off 

 8   of.

 9                In many of the places where we have 

10   these wineries, we want to attract people to go 

11   to those wineries, and this is another way to do 

12   it.  

13                Personally, I got involved in the 

14   issue because my house being so close to 

15   New Jersey, my family for years has participated 

16   in making their own wine, and they do it in a 

17   vineyard in New Jersey.  

18                Being that we have a new vineyard in 

19   Rockland County, and working with them in finding 

20   ways that we can make sure they're profitable, 

21   this is another way to do it.  So we want to keep 

22   that business here in New York State.  

23                SENATOR KRUEGER:   Through you, 

24   Mr. President, if the sponsor would continue to 

25   yield.


                                                               2624

 1                ACTING PRESIDENT CROCI:   Does the 

 2   sponsor continue to yield?  

 3                SENATOR CARLUCCI:   Yes.

 4                ACTING PRESIDENT CROCI:   Senator 

 5   Krueger.

 6                SENATOR KRUEGER:   Thank you.  

 7                In the bill on page 3, lines 28 

 8   through 39, it states that the State Liquor 

 9   Authority shall determine whether the applicant 

10   for a permit complies with the provisions of the 

11   federal law, rules and regulations of the federal 

12   Alcohol and Tobacco Tax and Trade Bureau relating 

13   to home winemaking centers.

14                So the SLA will have to permit the 

15   home winery, farm winery for each individual who 

16   comes to make wine or give them some kind of 

17   blanket permit to participate in this activity?

18                SENATOR CARLUCCI:   Right.  This 

19   would be a permit given to the actual home 

20   winemaking center.  And that's where the permit 

21   would -- the owner of that establishment would be 

22   responsible for obtaining the permit.

23                SENATOR KRUEGER:   Through you, 

24   Mr. President, if the sponsor would continue to 

25   yield.


                                                               2625

 1                ACTING PRESIDENT CROCI:   Will the 

 2   sponsor continue to yield?  

 3                SENATOR CARLUCCI:   Yes.

 4                ACTING PRESIDENT CROCI:   Senator 

 5   Krueger.

 6                SENATOR KRUEGER:   And so we're 

 7   going to leave it up to the -- with this law, 

 8   then, the SLA has to determine their 

 9   understanding of what the federal requirements 

10   are and apply those in giving permits; is that 

11   understanding correct?  

12                SENATOR CARLUCCI:   That's correct.  

13   The State Liquor Authority will have the ultimate 

14   say.  They're going to have to work within the 

15   confines of the federal Alcohol and Tobacco Tax 

16   Bureau.  

17                So there are regulations already in 

18   place.  We're not reinventing the wheel.  Many 

19   other states already have, through their alcohol 

20   control mechanisms, regulations on the books.  

21   We'll make sure that the State Liquor Authority 

22   has the ultimate control to make sure that these 

23   permits are done in a way that complements our 

24   industry here in New York.

25                SENATOR KRUEGER:   Through you, 


                                                               2626

 1   Mr. President, one more question.

 2                ACTING PRESIDENT CROCI:   Will the 

 3   sponsor yield for one more question?  

 4                SENATOR CARLUCCI:   Yes.

 5                ACTING PRESIDENT CROCI:   Senator 

 6   Krueger.

 7                SENATOR KRUEGER:   Thank you.

 8                How does this law apply to the 

 9   issues of liability?  I know when there's an 

10   alcohol producer or a wine producer, there's 

11   certain liability that goes along with the 

12   product.  Who has liability in this situation, 

13   the wine center or the individuals coming to make 

14   their own wine?

15                SENATOR CARLUCCI:   Well, the center 

16   would certainly have to meet certain protocol and 

17   be up to certain standards.  And that's why we 

18   want to make sure that we allow the State Liquor 

19   Authority to promulgate these regulations, to 

20   make sure that it's not popping up unregulated 

21   throughout the state, to make sure that we have 

22   full recourse to know who's liable in each 

23   situation.

24                So ultimately the home winemaking 

25   center would be liable, like any other business 


                                                               2627

 1   that operates in New York.  When people are on 

 2   your premises, you have the responsibility to 

 3   make sure things are compliant.  And that would 

 4   happen in this legislation as well.

 5                SENATOR KRUEGER:   And through you, 

 6   Mr. President, I said that was my last question, 

 7   but I just thought of another one.

 8                ACTING PRESIDENT CROCI:   You did, 

 9   Senator.

10                (Laughter.)

11                SENATOR KRUEGER:   If the sponsor 

12   would yield.

13                ACTING PRESIDENT CROCI:   Will the 

14   sponsor yield for another question?  

15                SENATOR CARLUCCI:   Yes.

16                ACTING PRESIDENT CROCI:   Senator 

17   Krueger.

18                SENATOR KRUEGER:   You mentioned in 

19   one of your earlier answers that this might 

20   include products beyond grapes.  So the 

21   definition of wine, for purposes of this bill, 

22   can include other base products for making 

23   alcohol?

24                SENATOR CARLUCCI:   We don't try to 

25   define what wine is in the bill, but we do put in 


                                                               2628

 1   what other types of things would be permissible.

 2                On page 3, line 48, we mention some 

 3   of the purposes about fruit and other things that 

 4   have been successful in New York State.  It can 

 5   range from honey to flowers to vegetables which 

 6   have been added to make great wines in New York 

 7   State.  And that would be permissible under this 

 8   legislation.

 9                SENATOR KRUEGER:   Through you, 

10   Mr. President, one follow-up question to that, if 

11   the sponsor doesn't mind.

12                ACTING PRESIDENT CROCI:   Will the 

13   sponsor continue to yield?  

14                SENATOR CARLUCCI:   Yes.

15                ACTING PRESIDENT CROCI:   Senator 

16   Krueger.

17                SENATOR KRUEGER:   So if my 

18   definition of wine was brandy or other stronger 

19   alcoholic beverages --

20                ACTING PRESIDENT CROCI:   We'll 

21   suspend.  

22                May we have order in the house, 

23   please.  Thank you.  

24                Senator Krueger.

25                SENATOR KRUEGER:   Thank you.  


                                                               2629

 1                So could this bill be interpreted to 

 2   allow a home winemaker going to one of these 

 3   centers producing alcoholic beverages that 

 4   usually are defined as other kinds of alcohol 

 5   under the law beyond wine?  

 6                SENATOR CARLUCCI:   So this 

 7   legislation would mirror our Alcohol and Beverage 

 8   Control.  Like I said, we're not defining wine in 

 9   this legislation, it's already defined by Alcohol 

10   and Beverage Control.  So that's who would define 

11   this -- pertaining to this legislation.

12                SENATOR KRUEGER:   Thank you.

13                On the bill, Mr. President.

14                ACTING PRESIDENT CROCI:   Senator 

15   Krueger on the bill.

16                SENATOR KRUEGER:   I appreciate the 

17   sponsor's answers.

18                I don't think I'm opposed to the 

19   concept of allowing vineyards and wineries and 

20   perhaps farms to open themselves up for others to 

21   come in and use their equipment and maximize 

22   their return.

23                I am concerned with some of the 

24   things that I think the bill doesn't answer 

25   clearly enough.  And I'm concerned that -- the 


                                                               2630

 1   SLA I think also may have some concerns that it's 

 2   a little vague as to what their authority is for 

 3   interpreting the federal alcohol and tobacco and 

 4   trade laws.  

 5                But I am going to vote for this bill 

 6   and expect that if the agency has problems, 

 7   they'll let us all know at some time before the 

 8   Governor is either signing or vetoing the bill.  

 9   But I think that this bill might need some 

10   clarifications before it actually can become law 

11   in the state.

12                Thank you, Mr. President.  I'll vote 

13   yes.

14                ACTING PRESIDENT CROCI:   Senator 

15   Krueger to be recorded in the affirmative.

16                Are there any other members wishing 

17   to be heard?

18                Seeing none, debate is closed.  

19                I'll ask the Secretary to ring the 

20   bell.

21                Read the last section.

22                THE SECRETARY:   Section 6.  This 

23   act shall take effect on the first of January.

24                ACTING PRESIDENT CROCI:   Call the 

25   roll.


                                                               2631

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT CROCI:   The bill 

 4   is passed.

 5                Senator DeFrancisco.

 6                SENATOR DeFRANCISCO:   May we return 

 7   to motions and resolutions.

 8                ACTING PRESIDENT CROCI:   So 

 9   ordered.

10                SENATOR DeFRANCISCO:   On behalf of 

11   Senator Seward, on page 28 I offer the following 

12   amendments to Calendar Number 323, Senate Print 

13   3513, and ask that said bill retain its place on 

14   the Third Reading Calendar.

15                ACTING PRESIDENT CROCI:   So 

16   ordered.

17                SENATOR DeFRANCISCO:   Is there any 

18   further business at the desk?  

19                ACTING PRESIDENT CROCI:   That 

20   completes the reading.  There is no further 

21   business at the desk.

22                SENATOR DeFRANCISCO:   Then in that 

23   case I move we adjourn till tomorrow, Tuesday, 

24   May 19th, at 3:00 p.m.

25                ACTING PRESIDENT CROCI:   On motion, 


                                                               2632

 1   the Senate stands adjourned until Tuesday, 

 2   May 19th, at 3:00 p.m.

 3                (Whereupon, at 5:01 p.m., the Senate 

 4   adjourned.)

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