2385
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 8, 2017
11 3:25 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR FRED AKSHAR, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
2386
1 P R O C E E D I N G S
2 ACTING PRESIDENT AKSHAR: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise for the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT AKSHAR: In the
9 absence of clergy, may we please bow our heads
10 in a moment of silence.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 ACTING PRESIDENT AKSHAR: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Sunday,
16 May 7th, the Senate met pursuant to adjournment.
17 The Journal of Saturday, May 6th, was read and
18 approved. On motion, Senate adjourned.
19 ACTING PRESIDENT AKSHAR: Without
20 objection, the Journal stands approved as read.
21 Presentation of petitions.
22 Messages from the Assembly.
23 Messages from the Governor.
24 Reports of standing committees.
25 Reports of select committees.
2387
1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Mr. Floor Leader.
5 SENATOR DeFRANCISCO: I'd like to
6 call up Senator Jacobs' bill, Print Number
7 5283B, recalled from the Assembly, which is now
8 at the desk.
9 ACTING PRESIDENT AKSHAR: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 689, by Senator Jacobs, Senate Print 5283B, an
13 act to amend the Public Health Law.
14 SENATOR DeFRANCISCO: I now move
15 to reconsider the vote by which the bill was
16 passed.
17 ACTING PRESIDENT AKSHAR: Call the
18 roll on reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 45.
21 ACTING PRESIDENT AKSHAR: That
22 bill is restored to its place on the Third
23 Reading Calendar.
24 SENATOR DeFRANCISCO: I now offer
25 the following amendments.
2388
1 ACTING PRESIDENT AKSHAR: The
2 amendments are received.
3 SENATOR DeFRANCISCO: Would you
4 please recognize Senator Valesky.
5 ACTING PRESIDENT AKSHAR: Senator
6 Valesky.
7 SENATOR VALESKY: Thank you,
8 Mr. President.
9 On page 32, I offer the following
10 amendments to Calendar 468, Senate Bill 2386,
11 sponsored by Senator Alcantara, and ask that
12 said bill retain its place on the Third Reading
13 Calendar.
14 ACTING PRESIDENT AKSHAR: The
15 amendments are received, and the bill retains
16 its place on the Third Reading Calendar.
17 Floor Leader.
18 SENATOR DeFRANCISCO: Would you
19 now recognize Senator Gianaris, please.
20 ACTING PRESIDENT AKSHAR: Senator
21 Gianaris.
22 SENATOR GIANARIS: Thank you.
23 Mr. President, on page 31 I offer
24 the following amendments to Calendar 454, Senate
25 Print Number 2398A, and ask that said bill
2389
1 retain its place on the Third Reading Calendar.
2 And the bill is by Senator Comrie.
3 ACTING PRESIDENT AKSHAR: The
4 amendments are received, and the bill will retain
5 its place on the Third Reading Calendar.
6 Mr. Floor Leader.
7 SENATOR DeFRANCISCO: Can we now
8 take up previously adopted Resolution 1800, by
9 Senator Griffo, read it in its entirety, and call
10 on Senator Griffo, please.
11 ACTING PRESIDENT AKSHAR: The
12 Secretary will read.
13 THE SECRETARY: Legislative
14 Resolution Number 1800, by Senator Griffo,
15 congratulating Anita Figueras upon the occasion
16 of being named the 2017 Lung Hero by the American
17 Lung Association.
18 "WHEREAS, From time to time this
19 Legislative Body takes note of certain
20 extraordinary individuals it wishes to recognize
21 for their valued contributions to the success and
22 progress of society and publicly acknowledge
23 their endeavors which have enhanced the basic
24 humanity among us all; and
25 "WHEREAS, This Legislative Body is
2390
1 justly proud to congratulate Anita Figueras upon
2 the occasion of being named the 2017 Lung Hero by
3 the American Lung Association; and
4 "WHEREAS, Representing the State of
5 New York, Anita Figueras will travel to
6 Washington, D.C., to participate in the American
7 Lung Association's LUNG FORCE advocacy events;
8 and
9 "WHEREAS, LUNG FORCE is a national
10 movement established to unite women in the fight
11 against lung cancer; this vital effort will
12 highlight powerful stories from across the nation
13 and will allow these women to stand together with
14 a collective voice of strength and determination;
15 and
16 "WHEREAS, Anita Figueras is being
17 recognized with this auspicious honor for her
18 remarkable tenacity, leadership and strength in
19 the face of this terrible illness; and
20 "WHEREAS, Diagnosed with Stage IV
21 adenocarcinoma of the lung in June of 2014,
22 Anita Figueras began treatment with an oncologist
23 at the Richard E. Winter Cancer Center in
24 Ogdensburg, New York; her first tumor test
25 revealed an EGFR mutation in her cancer; and
2391
1 "WHEREAS, Anita Figueras has been
2 receiving treatment for nearly three years with
3 targeted therapy taken as a pill; she is
4 currently in her third line of treatment and
5 utilizing a new drug approved by the FDA in
6 November of 2015; and
7 "WHEREAS, This brave woman has
8 participated in a Phase II clinical trial at
9 Roswell Park Cancer Institute which afforded her
10 the opportunity to give a patient statement at an
11 FDA hearing which examined the safety and
12 efficacy of the experimental drug; and
13 "WHEREAS, A true inspiration,
14 Anita Figueras is actively involved in her own
15 treatment and reaches out to other individuals
16 with lung cancer; she is also a staunch advocate
17 for more awareness and research, giving
18 tirelessly of her time and energies in hopes of a
19 cure for this illness; and
20 "WHEREAS, Rare indeed is the
21 impressive dedication shown by an individual for
22 the benefit of others which Anita Figueras has
23 displayed throughout her life; and
24 "WHEREAS, It is the sense of this
25 Legislative Body that when individuals of such
2392
1 noble aims and accomplishments are brought to
2 our attention, they should be celebrated and
3 recognized by all the citizens of this great
4 Empire State; now, therefore, be it
5 "RESOLVED, That this Legislative
6 Body pause in its deliberations to congratulate
7 Anita Figueras upon the occasion of being named
8 the 2017 Lung Hero by the American Lung
9 Association; and be it further
10 "RESOLVED, That a copy of this
11 resolution, suitably engrossed, be transmitted to
12 Anita Figueras."
13 ACTING PRESIDENT AKSHAR: Senator
14 Griffo.
15 SENATOR GRIFFO: Thank you,
16 Mr. President.
17 It's indeed an honor for me today to
18 host in our Senate chamber Anita Figueras and her
19 husband, Robert Best. Bob is the town supervisor
20 in the Town of Russell, which is in St. Lawrence
21 County.
22 I just want to say that this is a
23 remarkable story, an extraordinary lady. We talk
24 about what LUNG FORCE is; LUNG FORCE is a
25 movement that's led by the American Lung
2393
1 Association. It really unites women
2 particularly, but all of us should understand the
3 importance and significance of lung health in
4 overcoming some of the challenges that Anita has
5 overcome facing lung cancer.
6 It can be a devastating diagnosis.
7 Anybody who has suffered through this -- and we
8 see a number of individuals here today speaking
9 out against cancer and fighting against cancer.
10 But to have a strong healthy breath is critical
11 to ensuring that all of us, particularly the
12 ladies here, raise their voices. And that's what
13 we're seeing in this recognition here.
14 LUNG FORCE uses powerful stories
15 from across our country, from celebrities, people
16 of influence, family, friends and communities, to
17 stand together with a collective voice, strength
18 and determination needed to make lung cancer
19 history.
20 So each year, LUNG FORCE selects
21 someone from each of the 50 states to come to
22 D.C. and participate in advocacy efforts. Lung
23 Heroes are lung cancer survivors. Many still
24 suffer challenges and have shown remarkable
25 tenacity, leadership, and strength in trying to
2394
1 face this terrible disease.
2 You heard Anita's story in the
3 resolution so I won't go into it in any more
4 detail. But just three short years ago, in June
5 of 2014, she faced this diagnosis of Stage IV.
6 And I'll tell you, last night in
7 Boston they issued the Profiles in Courage Award,
8 something that was written by President Kennedy a
9 long time ago which talked about great people in
10 history making tough decisions. To me, sometimes
11 we look at people in sports, entertainment, or
12 government and look at those individuals as
13 larger than life and as true heroes. But to me,
14 the real heroes are someone like Anita -- those
15 who have suffered devastating consequences of
16 news that you have been diagnosed with this type
17 of cancer, and yet they have had the resolve and
18 the courage and tenacity to continue to fight, to
19 get the best treatment, to have the support of
20 their family and community, as Robert and their
21 family has done. That is the extraordinary
22 story.
23 And that truly, in my opinion, not
24 only tells us that you have fought hard, but it
25 shows us the strength and character of the
2395
1 individual. You are truly a remarkable
2 individual, Anita. I am so glad that they
3 recognized you. I am so happy to have you in
4 this chamber today, along with your husband. We
5 continue to pray for you and wish you well, and
6 we will all stand together in trying to do
7 whatever we can to make lung cancer -- and all
8 cancer -- history.
9 So I give you to the house today and
10 ask that the privileges of the house be extended
11 to Anita and her husband Robert. Thank you for
12 being here today, and God bless you.
13 ACTING PRESIDENT AKSHAR: I'll ask
14 everybody to rise and please welcome the Figueras
15 family.
16 (Standing ovation.)
17 ACTING PRESIDENT AKSHAR: Mr. Floor
18 Leader.
19 SENATOR DeFRANCISCO: Yes, can you
20 now take up previously adopted Resolution 1795,
21 by Senator Robach, read it in its entirety, and
22 call on Senator Robach to speak, please.
23 ACTING PRESIDENT AKSHAR: The
24 Secretary will read.
25 THE SECRETARY: Legislative
2396
1 Resolution Number 1795, by Senator Robach,
2 memorializing Governor Andrew M. Cuomo to
3 proclaim May 8, 2017, as Domestic Violence
4 Awareness and Prevention Day in the State of
5 New York.
6 "WHEREAS, As part of executing its
7 mission, the New York State Coalition Against
8 Domestic Violence seeks to eradicate domestic
9 violence and to ensure the provision of effective
10 and appropriate services to victims of domestic
11 violence through community outreach, education,
12 training, technical assistance and policy
13 development; and
14 "WHEREAS, The Coalition's principles
15 and practices prioritize the safety and concerns
16 of victims who are abused, provide support and
17 encouragement for the participation of victims
18 who are abused in the struggle to eradicate
19 personal and institutional violence against
20 them, and provide for a noncompetitive atmosphere
21 that fosters open communication, respect, and
22 cooperation among advocates and victims who are
23 abused; and
24 "WHEREAS, Approximately one in four
25 women and one in seven men in the United States
2397
1 will experience physical domestic violence at
2 some point in their lifetime; and
3 "WHEREAS, 24 people per minute are
4 victims of rape, physical violence or stalking by
5 an intimate partner in the United States -- more
6 than 12 million women and men over the course of
7 a year; and
8 "WHEREAS, Females who are 20 to 24
9 years of age are at the greatest risk of nonfatal
10 intimate partner violence; and
11 "WHEREAS, Domestic violence victims
12 experience a host of health and mental-health-
13 related consequences at far greater rates than
14 their counterparts who have not been abused; and
15 "WHEREAS, For the second year in a
16 row, New York State still has the greatest demand
17 for domestic violence support services in the
18 country; and
19 "WHEREAS, The New York State Office
20 of Children and Family Services reported that
21 over 53,000 survivors of domestic violence and
22 their children received services from
23 residential, nonresidential, and transitional
24 housing programs licensed by OCFS, and nearly
25 157,000 hotline calls were received by domestic
2398
1 violence programs across the state in 2015; and
2 "WHEREAS, The economic burden of
3 domestic violence in the United States is over
4 $8.3 billion per year in direct medical costs and
5 loss of productivity; and
6 "WHEREAS, 15.5 million children in
7 the United States live in families in which
8 domestic violence occurred at least once in the
9 past year, and 7 million children live in
10 families in which severe domestic violence
11 occurred; and
12 "WHEREAS, According to the New York
13 State Division of Criminal Justice Services,
14 there were 114 domestic homicides in New York
15 State in 2015; and
16 "WHEREAS, The cost of a single
17 homicide can range over $17.25 million when
18 considering medical care costs, lost future
19 earnings, public program costs, property damage
20 and losses, and quality-of-life losses; and
21 "WHEREAS, Only approximately
22 one-quarter of all physical assaults, one-fifth
23 of all rapes, and one-half of all stalking
24 incidents perpetrated against women by intimate
25 partners are reported to the police; and
2399
1 "WHEREAS, The damage caused by
2 domestic violence is not limited by gender, age,
3 ethnicity or sexual orientation; and
4 "WHEREAS, Education and awareness
5 campaigns have the potential to not only increase
6 identification of domestic violence and the
7 appropriate response from helping professionals
8 and the public, but when used in a primary
9 prevention framework, can also act as a catalyst
10 to change social and community norms that can
11 prevent it from happening in the first place;
12 now, therefore, be it
13 "RESOLVED, That this Legislative
14 Body pause in its deliberations to memorialize
15 Governor Andrew M. Cuomo to proclaim May 8, 2017,
16 as Domestic Violence Awareness and Prevention Day
17 in the State of New York; and be it further
18 "RESOLVED, That copies of this
19 resolution, suitably engrossed, be transmitted to
20 the Honorable Andrew M. Cuomo, Governor of the
21 State of New York, and the New York State
22 Coalition Against Domestic Violence."
23 ACTING PRESIDENT AKSHAR: Senator
24 Robach on the resolution.
25 SENATOR ROBACH: Yes,
2400
1 Mr. President, I'm very happy to bring this
2 resolution forward. This is obviously a very
3 serious topic that impacts so many people.
4 And as I've said time and time
5 again, we try to do everything in this chamber we
6 can to cut down on any kind of violent activity
7 that impacts someone, but in many ways I think
8 people who are abused or violated by people who
9 they're intimate with, have to see every day, or
10 are in a relationship, sometimes that's even more
11 offensive or more important that we work towards
12 that.
13 The good news is in this state we've
14 done a lot to put resources into safe havens and
15 make it easier for people to get out of those
16 relationships and live safely with their
17 children. A lot of work has been done to
18 increase orders of protection, make sure people
19 can't be discriminated against who go through
20 domestic violence, whether it's in the workplace,
21 renting property, or other areas. But clearly we
22 need to treat these people, work with them, and
23 more work needs to be done.
24 I'm not only happy to bring forward
25 this resolution but also introduce some of the
2401
1 people representing folks that deal with and
2 support people who have gone through domestic
3 violence all across the state. We have advocates
4 here today advocating. I'd just like to
5 introduce some of them in the balcony and ask
6 them to stand quickly.
7 We have Jennifer Sullivan, Hannah
8 Sonner, Kaitlin Karlsen, Sarah Johnson, Jasmine
9 McCleary, Christina Farnsworth, Grace Pendell,
10 Courtney Malcolm, Lauren McVeigh, Jackie Pransky,
11 Jessy Dano, Krystal Bertrand, Molly Miller,
12 Stephanie Good, and Erin Wasstaff.
13 And really not only have this
14 resolution be read and refocus us, but thank all
15 these people who are on the front lines every day
16 in representing those all across the state,
17 whether it's legal activities, supporting them
18 and their families in living, helping them
19 negotiate this and, most importantly, escape that
20 very, very violent and dangerous environment they
21 may be living in and getting them out of that.
22 I want to thank them and welcome
23 them. And it's important that we in this chamber
24 show them that we appreciate their efforts every
25 day and that they're helping keeping anyone all
2402
1 across the state who's dealing with domestic
2 violence, who wants to get out, to make them a
3 little bit safer and give them a path out.
4 I would appreciate you welcoming
5 them to the chamber, Mr. Speaker, and extending
6 them the courtesies of the house.
7 Thank you.
8 ACTING PRESIDENT AKSHAR: Ladies,
9 we thank you for everything that you do on a
10 daily basis. We welcome you to the New York
11 State Senate, and we extend all of the courtesies
12 and privileges of this great house.
13 Please join me in welcoming the
14 ladies to the chamber.
15 (Standing ovation.)
16 ACTING PRESIDENT AKSHAR: Mr. Floor
17 Leader.
18 SENATOR DeFRANCISCO: Can we now
19 take up previously adopted Resolution 1476, by
20 Senator Tedisco, read the title only, and then
21 call on Senator Tedisco.
22 ACTING PRESIDENT AKSHAR: The
23 Secretary will read.
24 THE SECRETARY: Legislative
25 Resolution Number 1476, by Senator Tedisco,
2403
1 honoring Riley Walz upon the occasion of winning
2 the Living the Example Video Contest by Mentor
3 Foundation USA.
4 ACTING PRESIDENT AKSHAR: Senator
5 Tedisco on the resolution.
6 SENATOR TEDISCO: Thank you,
7 Mr. President.
8 Mr. President and my colleagues,
9 with us today in the gallery above is an
10 outstanding young man from the 49th Senate
11 District who is truly a positive role model for
12 all young people to emulate.
13 Riley Walz, from the Town of Milton,
14 is a ninth-grader at Ballston Spa High School and
15 very active in his community. He's organized
16 blood drives to raise money for the family of a
17 classmate diagnosed with leukemia, and every year
18 he helps raise money for the St. Baldrick's
19 Foundation for research into a cure for childhood
20 cancer.
21 Riley also is a member of the
22 student government and the cross-country team at
23 Ballston Spa High School. He started producing a
24 podcast on speaking out about bullying, which has
25 become very popular. Riley's work on this
2404
1 podcast led him to enter and eventually win a
2 national YouTube video contest called Living the
3 Example by the Mentor Foundation USA.
4 With Riley today are his mom and
5 dad, Stacey and Timothy Walz, and sister Maggie,
6 who all helped produce and supported Riley in his
7 efforts to produce this award-winning YouTube
8 video.
9 Mr. President and my colleagues,
10 please join me in welcoming to the Senate this
11 outstanding young man, Riley Walz, and extend to
12 him the congratulations and all the cordialities
13 of this august chamber.
14 ACTING PRESIDENT AKSHAR: Well,
15 Riley, we welcome you to the New York State
16 Senate, along with your family, and we extend all
17 the courtesies and the privileges of the house to
18 both you and your family.
19 Please join me in welcoming Riley
20 and his family.
21 (Standing ovation.)
22 ACTING PRESIDENT AKSHAR: Mr. Floor
23 Leader.
24 SENATOR DeFRANCISCO: Can we now
25 take up previously adopted Resolution 1896, by
2405
1 Senator Stavisky, read it in its entirety, and
2 call on Senator Stavisky to speak, please.
3 ACTING PRESIDENT AKSHAR: The
4 Secretary will read.
5 THE SECRETARY: Legislative
6 Resolution Number 1896, by Senator Stavisky,
7 commemorating Queens Day, to be celebrated
8 Monday, May 8, 2017, in the New York State
9 Legislature.
10 "WHEREAS, It is the intent of this
11 Legislative Body to commemorate those events of
12 historical significance which add strength, vigor
13 and inspiration to the cultural diversity and
14 quality of life in the communities of the State
15 of New York; and
16 "WHEREAS, Attendant to such concern,
17 and in full accord with its long-standing
18 traditions, this Legislative Body is justly proud
19 to commemorate Queens Day to be celebrated
20 Monday, May 8, 2017, in the New York State
21 Legislature; and
22 "WHEREAS, On May 8, 2017, the best
23 of the Borough of Queens will be on display at
24 the Capitol in Albany, New York; and
25 "WHEREAS, This event is coordinated
2406
1 by the office of the Queens Borough President and
2 the Queens Chamber of Commerce, which will put
3 the spotlight on Queens and include an evening
4 reception featuring foods and beverages as well
5 as a display of Queens' favorite dining
6 establishments; and
7 "WHEREAS, With 2.3 million people,
8 the Borough of Queens is the most culturally
9 diverse county in the United States, and has
10 become a tourist destination for its many
11 cultural attractions, including the arts,
12 businesses, culinary delights, and the many
13 charms this vibrant community has to offer; and
14 "WHEREAS, More than half of all
15 Queens residents are foreign-born, a much greater
16 concentration than any other borough in New York
17 City, and many of the neighborhoods reflect the
18 rich cultural heritage of its residents; and
19 "WHEREAS, Queens' residents come
20 from more than 120 countries and speak more than
21 135 languages; and
22 "WHEREAS, The Lonely Planet travel
23 magazine named Queens the Top Travel Destination
24 in the country for 2015, because of its cultural
25 and culinary diversity, stating that "Queens is
2407
1 quickly becoming its hippest" and reflects the
2 true image of New York as the global melting pot;
3 and
4 "WHEREAS, Although Queens is home
5 to several large company headquarters, no single
6 industry dominates its economy; in addition,
7 two-thirds of all businesses in Queens employ
8 between one and four people, making small
9 businesses the cornerstone of the borough's
10 economic vitality; now, therefore, be it
11 "RESOLVED, That this Legislative
12 Body pause in its deliberations to commemorate
13 Queens Day to be celebrated Monday, May 8, 2017,
14 in the New York State Legislature; and be it
15 further
16 "RESOLVED, That copies of this
17 resolution, suitably engrossed, be transmitted to
18 the office of the Queens Borough President, and
19 the Queens Chamber of Commerce."
20 ACTING PRESIDENT AKSHAR: Senator
21 Stavisky.
22 SENATOR STAVISKY: Thank you,
23 Mr. President.
24 And welcome to our friends from
25 Queens, the Queens Chamber of Commerce, led by
2408
1 Tom Grech, the executive director, and the Queens
2 Borough President, former Assemblywoman Melinda
3 Katz, the current borough president of Queens.
4 Queens is more than an outer
5 borough. Queens is more than just an airport
6 that's available to go somewhere else. Queens is
7 more than a place to get a good meal. It's all
8 of those things. But on behalf of the
9 2.3 million people of Queens, it is a diverse
10 area, and it is a place where people have come
11 from all over the world seeking refuge.
12 And yet we maintain a diverse
13 economy, a diverse cultural experience, we are
14 home to I believe seven outstanding institutions
15 of higher education. We are home to a major
16 healthcare industry, the airports. All of these
17 groups are so important to the success and to the
18 future of the county of Queens.
19 If you ask somebody in New York City
20 "Where are you from?" they'll say, "Well, I'm
21 from Brooklyn" or "I'm from the Bronx" or
22 "Staten Island." In Queens, we don't say that.
23 We say we're from Astoria, or we're from
24 Woodside, or we're from Forest Hills or the
25 Rockaways. Because we are a county of
2409
1 communities, and we are a county of small
2 businesses.
3 And it's the small business
4 community that is here today to celebrate with
5 you everything that is good about New York City.
6 The former borough president who
7 just passed away recently, Helen Marshall, had a
8 great phrase. She used to say "Come to Queens
9 and see the world." And that's exactly what
10 Queens is like.
11 So again, I welcome our friends from
12 Queens, and I invite all of my colleagues tonight
13 to the Hart Lounge, starting at 5 o'clock, to
14 sample all of the culinary goodies that you can
15 find in Queens. We had an argument earlier about
16 who's got the best cheesecake. Well, we maintain
17 it's Queens. Or who's got the best Chinese food?
18 We maintain it's Queens. And no matter what
19 ethnicity you are seeking, you will find it in
20 Queens.
21 So again, I thank everybody, and I
22 particularly thank Tom Grech and Melinda Katz for
23 leading the delegation.
24 Thank you, Mr. President.
25 ACTING PRESIDENT AKSHAR: Thank
2410
1 you, Senator Stavisky.
2 Senator Peralta.
3 SENATOR PERALTA: Thank you,
4 Mr. President.
5 I too want to welcome the Queens
6 Chamber of Commerce as well as Borough President
7 Melinda Katz.
8 The fact that you're here today
9 really signifies a lot, because we always hear
10 about the Bronx day event, we always hear about
11 Brooklyn Day event. Right? That's right, Díaz.
12 Right? We also hear -- we hear about these days.
13 But the fact that now we're having a
14 Queens Day event is going to be magnificent,
15 because we're going to showcase to all the staff
16 and the legislators and the lobbyists what Queens
17 really is about when it comes to food -- all of
18 the different tastes, all the different eclectic
19 cultures that are going to be represented today
20 at the Hart Lounge. We want to invite everyone
21 today to show up to the Hart Lounge and get a
22 little bit of taste, a little bit of flavor of
23 what all the foodies talk about.
24 You know, in my district -- I
25 represent the United Nations of all Senate
2411
1 districts, and my district is a place where
2 foodies actually make a living off of this area,
3 because they take you up and down Roosevelt
4 Avenue to taste all the different foods from all
5 over the world. And it is such a great
6 experience that it happens over and over and over
7 every weekend.
8 So now that we've gotten a little
9 bit of a taste of the Bronx, we've gotten a
10 little taste of Brooklyn, now we've finally saved
11 the best for last. We're going to get a little
12 taste of what Queens is all about. And I welcome
13 all of you this evening to show up.
14 And one thing that I just wanted to
15 add, just so that everyone is aware. If you
16 think about it, right, if you come into New York
17 City, there's only one way that you come into
18 New York City internationally, and that is
19 through Queens. Right? So we are very proud of
20 that. And we want to welcome not only the
21 Borough President and the Queens Chamber of
22 Commerce -- thank you for all you do, because
23 this is going to be a great experience tonight.
24 Welcome.
25 ACTING PRESIDENT AKSHAR: Thank
2412
1 you, Senator Peralta.
2 Senator Comrie.
3 SENATOR COMRIE: Thank you,
4 Mr. President.
5 I rise to join the resolution and to
6 welcome all of my friends from Queens here. I
7 want to thank the Borough President, Helen --
8 oops.
9 (Laughter.)
10 SENATOR COMRIE: I want to thank
11 the Borough President, Melinda Katz, for being
12 here today, former Assemblymember, and making
13 this first Queens Day happy.
14 I'm happy today because, you know,
15 we're ready to take on the Farm Bureau Day and
16 those other two Bs that have days --
17 (Laughter.)
18 SENATOR COMRIE: And we want to
19 invite you all to come this evening to the Hart
20 Lounge and to experience some of the flavors of
21 Queens.
22 I embody Queens, because I try
23 everything, so --
24 (Laughter.)
25 SENATOR COMRIE: You know? And we
2413
1 have some of the best restaurants, some of the
2 best eateries, everything from baked goods to
3 Madelaine Chocolates in the Rockaways that
4 survived after Sandy that's one of the best
5 chocolatiers in the country and is still here.
6 They'll be here this evening.
7 I was showing my colleague some of
8 the food, and he's now coming to the event. He
9 wasn't coming before -- you didn't say that? But
10 the empañadas are getting him. We're going to
11 have empañadas, we're going to have everything
12 from Indian wings to Colombian food to Greek food
13 to Taiwanese jerky snacks. Queens has almost
14 every culture, every food, every nationality.
15 You can go on one block and eat from seven
16 different countries in seven different
17 restaurants.
18 Queens is a wonderful place. I'm
19 proud to have been born and raised in Queens.
20 I'm proud to continue to understand Queens. I
21 understand what 35th Avenue is, from 35th Road,
22 from 43rd Street to --
23 (Laughter.)
24 SENATOR COMRIE: Diane's laughing
25 because she understands. You can go -- from one
2414
1 block we have, from 112th Avenue, 112th Road,
2 112th Lane, 112th Street.
3 You know, but you've got to
4 understand Queens. Queens is a happy place,
5 because folks have figured it out.
6 (Laughter.)
7 SENATOR COMRIE: You know, folks
8 have figured out how to celebrate our colleges.
9 And we have Queens College here, St. John's here.
10 We have Resorts, people from Resorts here. We
11 have builders that are here. We have cultural
12 institutions that are here. We even have
13 newspaper writers that are here. Boo.
14 (Laughter.)
15 SENATOR COMRIE: I'm going to get
16 in trouble for that later.
17 (Laughter.)
18 SENATOR COMRIE: Yeah, there goes
19 my endorsement, right? Right out the window.
20 But, you know, Queens is truly an
21 amalgamation of the world. We're proud that
22 we're from Queens. We're proud to represent it.
23 We're proud that the airports bring everybody
24 into our borough and through our borough. We're
25 proud of the fact that we have such diversity
2415
1 that we have to acknowledge it and celebrate it
2 every day.
3 I'm very proud of the way that
4 Queens residents will come together on any issue
5 and show their unity in spite of our diversity,
6 and show that we're all one people and one folk
7 that are trying to make sure that we have a
8 lifted borough where we have everyone working
9 together, where we have Con Edison that's working
10 with our young people, where we have Queens
11 theater in the park, we have Queens College --
12 I'm going to get in trouble as I look up in the
13 audience and see so many friends.
14 But everyone is here today. And I
15 would invite everyone to come to the Hart Lounge
16 later and experience Queens for yourself.
17 Because the other Bs and everything else that are
18 happening in Albany does not compare to Queens.
19 And finally, you know, we have the
20 Mets. So we're going to have a great year this
21 year. We look forward to Queens continually --
22 I'm being optimistic.
23 (Laughter.)
24 SENATOR COMRIE: I'm being a Queens
25 guy. Queens is eternally optimistic. Queens is
2416
1 a great place to be, where many people -- you
2 know, Queens is neighborhoods. You don't say
3 you're from Queens when you're in Queens, you're
4 from St. Albans, you're from Rockaways, you're
5 from Forest Hills, or you're from Corona. No one
6 says that they're from Queens.
7 We have singular addresses and
8 singular post offices, but when we all come
9 together on an issue, we come together in
10 celebration of what we have, in celebration of
11 our diversity. And I'm glad that everyone's here
12 today. Thank you all for taking the buses and
13 bringing up all of these wonderful opportunities
14 for people to experience I think the best borough
15 if the country.
16 Thank you, Mr. President.
17 (Applause.)
18 ACTING PRESIDENT AKSHAR: Senator
19 Comrie, I know you like to rap, so if you'll put
20 something together --
21 (Laughter.)
22 ACTING PRESIDENT AKSHAR: If you
23 watch the tape back tonight and put something
24 together for us tomorrow and indulge us, we would
25 all appreciate that.
2417
1 Senator Sanders.
2 SENATOR SANDERS: Mr. President, I
3 too am very proud to hail from God's country, the
4 best place that you can be on this side of the
5 planet, and that of course is Queens County.
6 It is such a place of variety that
7 we have to have special people in Queens County.
8 We have to have people who can embody the hopes
9 and the dreams of so many people. That's why we
10 chose our borough president, who can do those
11 things -- who also was a City Councilperson. She
12 has worn so many hats. I guess it's a Queens
13 thing, where -- I guess they wouldn't understand.
14 But I am glad for the Chambers of
15 Commerce that have come together. I too have
16 wondered why I would have to go through and had
17 to eat the Junior's cheesecake, had to eat the
18 Nathan's franks, had to eat all of those
19 things -- grudgingly, my friends. With a heavy
20 heart I would eat those things wondering where
21 was Queens.
22 That is going to be answered at
23 5 o'clock today. And if you have any sense, you
24 will see me prove my fidelity, my loyalty to
25 Queens by being first on the line --
2418
1 (Laughter.)
2 SENATOR SANDERS: -- to taking all
3 of these things, a little bit of everything,
4 because in Queens we have a little bit of
5 everything. So if my plate looks enormous, say
6 nothing, just think of it as my celebrating
7 Queens as I encourage all of you to celebrate
8 Queens from one end, one glorious end to another.
9 Having said those things,
10 Mr. President, will I see you in Queens Day?
11 ACTING PRESIDENT AKSHAR: In
12 Queens, or at the Hart Lounge?
13 SENATOR SANDERS: Wherever Queens
14 goes, we bring the heart of Queens, sir.
15 ACTING PRESIDENT AKSHAR: Let's
16 start at the Hart Lounge. I'll be with you.
17 SENATOR SANDERS: In presence and
18 not simply in heart.
19 Thank you very much, Madam Borough
20 President. Thank you for bringing all of these
21 people. See you back in God's country.
22 ACTING PRESIDENT AKSHAR: Seeing no
23 other members of the Queens delegation -- excuse
24 me. Senator Savino.
25 SENATOR SAVINO: Thank you,
2419
1 Mr. President.
2 First I want to welcome the Queens
3 Chamber of Commerce and of course the Queens
4 Borough President, Melinda Katz, to the chamber.
5 And I want to thank Senator Stavisky for bringing
6 this resolution and join my colleagues from
7 Queens County in celebrating the place of my
8 birth.
9 For the past 16 years I have been
10 very proud to own a piece of that rock called
11 Staten Island, but I'm a Queens girl. I was born
12 and raised in Astoria. As Senator Stavisky says,
13 nobody from Queens talks about -- that's right,
14 clap for that -- no one says they're from Queens,
15 you talk about where in Queens you're from.
16 I was born and raised in Astoria,
17 but for years I lived in Corona, I lived in
18 Woodside, I went to high school in South Jamaica,
19 I went to college in Fresh Meadows. And every
20 two weeks I go back to Queens to get my nails
21 done on 188th Street and Union Turnpike.
22 (Laughter.)
23 SENATOR AVELLA: In my district.
24 SENATOR SAVINO: In Senator
25 Avella's district.
2420
1 The pull to bring you back to Queens
2 County is strong because of the diversity, and
3 there's so much there. So for those of you who
4 have never been to Queens, I suggest you go down
5 and visit it. They are absolutely right, there
6 is no better place to eat. And the one thing I
7 miss more than anything in Staten Island is -- we
8 have probably some of the best Italian food in
9 the city, and there are some who say we have the
10 best pizza in the city. We have a couple of
11 them, they make the number-one list. But that's
12 about all we have. I miss everything else. And
13 I go back to Queens for the food more than
14 anything, and also for the memories.
15 So thank you for bringing it up to
16 Albany. I welcome you all and I look forward to
17 Queens Night in the Hart Lounge.
18 Thank you, Mr. President.
19 ACTING PRESIDENT AKSHAR: Thank
20 you, Senator.
21 Senator Díaz.
22 (Multiple voices: "Uh-oh.")
23 (Laughter.)
24 SENATOR DÍAZ: Thank you,
25 Mr. President.
2421
1 I'm not from Queens. I'm from the
2 boogie-down Bronx. But I have to join my
3 colleagues in welcoming the most efficient, most
4 intellectual, and the distinguished Borough
5 President from Queens.
6 And to tell you, ladies and
7 gentlemen, that I served in the City Council with
8 Senator Comrie, and I have been his colleague
9 here for some time. I have never, I have never,
10 ever heard Senator Comrie be so dynamic.
11 (Laughter.)
12 SENATOR DÍAZ: You Queens people
13 and you, Madam President, have done something to
14 Senator Comrie today that I have never seen
15 before.
16 (Laughter; applause.)
17 SENATOR DÍAZ: He always speaks low,
18 calm -- but today he was like, Oh, Queens, ah,
19 ooh. Today he looks like a person from the
20 Bronx.
21 (Laughter.)
22 SENATOR DÍAZ: Thank you,
23 Mr. President.
24 ACTING PRESIDENT AKSHAR: Mr. Floor
25 Leader, point of information?
2422
1 SENATOR DeFRANCISCO: Yes, I'm
2 trying to figure out where the people in the
3 gallery are from.
4 (Laughter.)
5 SENATOR DeFRANCISCO: Can you
6 clarify that?
7 ACTING PRESIDENT AKSHAR: Queens, I
8 think.
9 SENATOR DeFRANCISCO: No, I'm sure
10 they've heard enough. And I would ask that you
11 please give them the courtesies of the house and
12 wish them well, and hopefully many of us will see
13 them this evening.
14 ACTING PRESIDENT AKSHAR: To the
15 borough president, the chamber president -- and
16 Queens is clearly in the house -- we welcome you
17 to the New York State Senate. We extend all of
18 the courtesies and the privileges of this great
19 house.
20 Please join me in welcoming the
21 Queens delegation.
22 (Standing ovation.)
23 ACTING PRESIDENT AKSHAR: Mr. Floor
24 Leader.
25 SENATOR DeFRANCISCO: Could you
2423
1 please open this resolution up for cosponsorship.
2 ACTING PRESIDENT AKSHAR: This
3 resolution is opened up for cosponsorship. If a
4 member would like to be a cosponsor, they should
5 notify the desk.
6 SENATOR DeFRANCISCO: Can we now
7 take up the noncontroversial reading of the
8 calendar.
9 ACTING PRESIDENT AKSHAR: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 284, by Senator Avella, Senate Print 1690, an act
13 to amend the Family Court Act.
14 ACTING PRESIDENT AKSHAR: Read the
15 last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT AKSHAR: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT AKSHAR: Results.
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT AKSHAR: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
2424
1 295, by Senator Hamilton, Senate Print 3759, an
2 act to amend the Banking Law.
3 ACTING PRESIDENT AKSHAR: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT AKSHAR: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT AKSHAR: Senator
11 Phillips.
12 SENATOR PHILLIPS: I'd like to
13 explain my vote.
14 ACTING PRESIDENT AKSHAR: Senator
15 Phillips to explain her vote.
16 SENATOR PHILLIPS: Thank you.
17 Thank you, Mr. President.
18 First I'd like to thank the sponsor
19 for putting this legislation forth for us to
20 consider today. This legislation would assist
21 many communities in my district where money
22 transmittal businesses operate. Local residents
23 rely on these services to send money for bills,
24 for families, and more, as they do not have
25 direct access to banks or credit unions.
2425
1 So I am very pleased that DFS will
2 have jurisdiction over these financial access
3 points. More importantly, it will protect the
4 users from unscrupulous operators by having an
5 oversight entity that not only has teeth, but
6 will have the power to take action if it is
7 needed.
8 So I am very pleased that this
9 legislation would afford protections for users of
10 money transmittal businesses who are vulnerable
11 to fraud and abuse. This legislation is not only
12 the right thing to do, it is long overdue. I
13 will be voting aye.
14 Thank you, Mr. President.
15 ACTING PRESIDENT AKSHAR: Senator
16 Phillips to be recorded in the affirmative.
17 Announce the result.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT AKSHAR: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 321, by Senator Ortt, Senate Print 722, an act to
23 amend the Agriculture and Markets Law.
24 ACTING PRESIDENT AKSHAR: Read the
25 last section.
2426
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT AKSHAR: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT AKSHAR: Results.
7 THE SECRETARY: Ayes, 58. Nays, 2.
8 Senators Avella and Hoylman recorded in the
9 negative.
10 ACTING PRESIDENT AKSHAR: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 383, by Senator Croci, Senate Print 933A, an act
14 to amend the Public Health Law.
15 ACTING PRESIDENT AKSHAR: Read the
16 last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT AKSHAR: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT AKSHAR: Results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT AKSHAR: The bill
25 is passed.
2427
1 THE SECRETARY: Calendar Number
2 414, by Senator Hannon, Senate Print 4848, an act
3 to amend the Public Health Law.
4 ACTING PRESIDENT AKSHAR: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT AKSHAR: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT AKSHAR: Results.
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT AKSHAR: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 432, by Senator Seward, Senate Print 2095A, an
17 act to amend the Insurance Law.
18 ACTING PRESIDENT AKSHAR: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT AKSHAR: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT AKSHAR: Results.
2428
1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT AKSHAR: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 472, by Senator Akshar, Senate Print 4473, an act
6 to amend the Highway Law.
7 ACTING PRESIDENT AKSHAR: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT AKSHAR: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT AKSHAR: Results.
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT AKSHAR: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 494, by Senator Lanza, Senate Print 2620, an act
20 to amend the Penal Law.
21 ACTING PRESIDENT AKSHAR: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of November.
25 ACTING PRESIDENT AKSHAR: Call the
2429
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT AKSHAR: Senator
4 Krueger.
5 SENATOR KRUEGER: Thank you,
6 Mr. President. I rise to explain why I'm voting
7 no on this bill.
8 I think that this state and this
9 country need to thoroughly review our laws on
10 seizure and forfeiture of items involved with
11 criminal investigations and arrests. In this
12 country and in this state -- and this law would
13 expand that even further -- products and items
14 can be seized by criminal justice and sold and
15 used and never given back even when cases are not
16 completed through to trial and conviction in
17 court, even when people are found innocent in
18 court.
19 I don't think that this bill moves
20 us forward in the direction we ought to be going.
21 It actually moves us one step backwards in making
22 it more difficult for people to get back property
23 that they may not have even known were being used
24 in a counterfeiting activity.
25 Let's say you borrow or rent a
2430
1 truck, and you may or may not ever be found
2 guilty of moving counterfeit goods, but that
3 vehicle could be seized, sold, or taken
4 permanently by criminal justice even if a case is
5 dropped immediately.
6 So I am hoping that we as a state,
7 and in fact under federal law as well, will
8 finally take a hard look at our policies on
9 forfeiture and seizure. But it is because of
10 this that I urge people to vote no and open up
11 our minds to the question of what have we been
12 doing in this country for how long and are we
13 going to do something about it.
14 Thank you, Mr. President.
15 ACTING PRESIDENT AKSHAR: Thank
16 you, Senator Krueger. You will be recorded in
17 the negative.
18 Announce the result.
19 THE SECRETARY: In relation to
20 Calendar 494, those recorded in the negative are
21 Senators Comrie, Dilan, Hoylman, Krueger, Rivera,
22 Sanders, Squadron and Stavisky. Also Senator
23 Montgomery.
24 Ayes, 51. Nays, 9.
25 ACTING PRESIDENT AKSHAR: The bill
2431
1 is passed.
2 THE SECRETARY: Calendar Number
3 506, by Senator LaValle, Senate Print 3822, an
4 act to amend the Correction Law.
5 ACTING PRESIDENT AKSHAR: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT AKSHAR: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59. Nays, 1.
13 Senator Montgomery recorded in the negative.
14 ACTING PRESIDENT AKSHAR: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 518, by Senator Croci, Senate Print 5317, an act
18 to amend the Executive Law.
19 ACTING PRESIDENT AKSHAR: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT AKSHAR: Call the
24 roll.
25 (The Secretary called the roll.)
2432
1 ACTING PRESIDENT AKSHAR: Results.
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT AKSHAR: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 531, by Senator Griffo, Senate Print 2420 --
7 SENATOR DeFRANCISCO: Lay the bill
8 aside for the day, please.
9 ACTING PRESIDENT AKSHAR: The bill
10 is laid aside for the day.
11 THE SECRETARY: Calendar Number
12 569, by Senator Golden, Senate Print 4492, an act
13 in relation to.
14 ACTING PRESIDENT AKSHAR: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 30th day.
18 ACTING PRESIDENT AKSHAR: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT AKSHAR: Announce
22 the results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT AKSHAR: The bill
25 is passed.
2433
1 THE SECRETARY: Calendar Number
2 662, by Senator Murphy, Senate Print 968, an act
3 to amend the Correction Law.
4 ACTING PRESIDENT AKSHAR: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 180th day.
8 ACTING PRESIDENT AKSHAR: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT AKSHAR: Senator
12 Murphy to explain your vote.
13 SENATOR MURPHY: Yeah, thank you,
14 Mr. President.
15 This bill does not allow any Level 2
16 or Level 3 sexual offenders to live within
17 1500 feet of their victims.
18 In 2011 we had a gentleman who went
19 to prison for 16 months and came out and moved
20 directly next door to the 8- and the 9-year-old
21 who he abused. This is completely unacceptable.
22 And, Mr. President, I thank my
23 colleagues for passing this. This is
24 common-sense legislation that New York State
25 should have on the books.
2434
1 Thank you, Mr. President.
2 ACTING PRESIDENT AKSHAR: Senator
3 Murphy to be recorded in the affirmative.
4 Senator Hoylman.
5 SENATOR HOYLMAN: Thank you,
6 Mr. President.
7 I want to thank Senator Murphy on
8 his efforts.
9 I will say that there is legislation
10 currently pending in the Rules Committee called
11 the Child Victims Act, which would address the
12 widespread problem of abusers being in the same
13 homes as many of their victims.
14 And we could do more to identify
15 those abusers if we lift the statute of
16 limitations, allow for a one-year lookback
17 period, and we could in fact reduce abuse through
18 legislation such as that.
19 So thank you, Senator Murphy, and we
20 need to pass the Child Victims Act.
21 ACTING PRESIDENT AKSHAR: Senator
22 Hoylman, how do you vote?
23 SENATOR HOYLMAN: I vote aye.
24 ACTING PRESIDENT AKSHAR: Senator
25 Hoylman to be recorded in the affirmative.
2435
1 Announce the result.
2 THE SECRETARY: Ayes, 59. Nays, 1.
3 Senator Montgomery recorded in the negative.
4 ACTING PRESIDENT AKSHAR: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 687, by Senator Golden, Senate Print 2410, an act
8 to amend the Civil Practice Law and Rules.
9 ACTING PRESIDENT AKSHAR: Read the
10 last section.
11 THE SECRETARY: Section 8. This
12 act shall take effect on the first of January.
13 ACTING PRESIDENT AKSHAR: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT AKSHAR: Senator
17 Hamilton.
18 SENATOR HAMILTON: Yes,
19 Mr. President --
20 ACTING PRESIDENT AKSHAR: To
21 explain your vote?
22 SENATOR HAMILTON: I vote yes.
23 ACTING PRESIDENT AKSHAR: You're
24 rising to explain your vote.
25 SENATOR HAMILTON: I rise to
2436
1 explain my vote yes. Yes.
2 ACTING PRESIDENT AKSHAR: Thank
3 you, Senator.
4 SENATOR HAMILTON: I just want to
5 say we do have a gang problem in Eastern Long
6 Island.
7 But what this bill that I'm
8 concerned about is you cannot legislate your way
9 out of a situation of gangs. Gangs usually are
10 formed by people who don't have jobs or a good
11 education. And I think our time and money could
12 be better spent by giving vocational training to
13 these young men and women, by offering them
14 opportunities at gainful employment so they
15 wouldn't have to join gangs.
16 When I was young, I belonged to a
17 gang. But it wasn't a gang that started trouble,
18 we were a gang because we had to protect
19 ourselves from other people. And what I hope I
20 won't see with this bill is that when you see
21 four men on a corner, when they're black they're
22 a gang and when they're not they're just called a
23 group of guys on the corner.
24 So I'm voting on this bill, but I'm
25 concerned that by enhancing criminal penalties,
2437
1 it's only going to adversely affect young men and
2 women in the inner city. We all know there's a
3 disproportionate amount of arrests of people in
4 urban areas versus suburban areas. We do have a
5 gang issue, but in my district it's not as great
6 as in Eastern Long Island.
7 But I think we need a more
8 comprehensive and holistic way of addressing
9 gangs. We don't have gangs in affluent
10 neighborhoods. And we know who these young men
11 and women are. We know if they're not
12 academically doing well, they're more prone to
13 going to gangs. But we aren't putting money on
14 the front end to keep them out of gangs. We're
15 only spending $100,000 a year to incarcerate
16 them, with no rehabilitation. When these young
17 men and women go into the criminal justice
18 system, they come out more worse off than when
19 they went in.
20 So we can lock them up, but we can't
21 throw away the key, because someday they're going
22 to come back into the community.
23 Thank you, Mr. President.
24 ACTING PRESIDENT AKSHAR: Senator
25 Hamilton, just for clarification, how do you
2438
1 vote?
2 SENATOR HAMILTON: Huh?
3 ACTING PRESIDENT AKSHAR: How do
4 you vote, for clarification?
5 SENATOR HAMILTON: I voted -- I
6 voted on the bill. I voted yes on the bill.
7 ACTING PRESIDENT AKSHAR: You will
8 be recorded in the affirmative, thank you.
9 Senator Montgomery.
10 SENATOR MONTGOMERY: Yes, thank
11 you. Thank you, Mr. President.
12 I'm also voting no. I've -- I'm
13 voting no. I'm not also, because Senator
14 Hamilton did not vote no, he just spoke against
15 it.
16 So, Mr. President, I'm just going to
17 vote no because -- not only because I've always
18 voted no on this legislation, but this -- Senator
19 Golden has introduced this for several years in
20 the name of addressing the problem with street
21 gangs. And he defines a street gang as a
22 criminal gang with any formal or informal
23 organization, association, or group of three or
24 more persons having a common name or identifying
25 sign -- like fist bumping -- or a symbol, whose
2439
1 members individually or collectively engage. And
2 he further says that any participation in any of
3 those, or solicitation, is part of his
4 legislation.
5 So, Mr. President, clearly this bill
6 has a very, very broad definition of who's in a
7 gang. So any three young people standing on a
8 corner or gathering in the park or cycling
9 somewhere in my district could be, under this
10 definition, considered to be participating in a
11 gang. It's just up to the police officer who may
12 stop them, because that police officer, using
13 this law, could stop them.
14 I understand that we have a serious
15 problem with a so-called gang -- which is really
16 an organized group of criminals -- called the
17 MS-13 in our state. But this bill does not speak
18 to them. And I would ask very, very -- if
19 Senator Golden would, respectfully, use his power
20 in this house to help us as an elected body, as a
21 government, as a state to let's deal with MS-13,
22 not try to come up with ways of arresting young
23 people, especially some of the young people in my
24 district who are going to be gathered on the
25 streets looking alike, but they're in no way, in
2440
1 any way, considered to be a gang.
2 Mr. President, I vote no.
3 ACTING PRESIDENT AKSHAR: Senator
4 Montgomery to be recorded in the negative.
5 I'd ask my esteemed colleagues just
6 to help the Secretary, by a show of hands, who's
7 voting no. Got it.
8 Senator Golden to explain your vote.
9 SENATOR GOLDEN: Yes, sir, just to
10 clarify.
11 The participation of a criminal
12 street gang means you have to commit two or more
13 criminal acts, and upon your third criminal act
14 within a three-year period, then -- and you have
15 done it for the participation of a gang, and you
16 have earrings, colors, you belong to a street
17 gang -- at that point you will be charged as a
18 street gang member.
19 Think about what I just said. He
20 already has to commit two crimes, he has to
21 commit his third crime before the arrest of being
22 charged with being part of a criminal street
23 gang.
24 I don't have to tell anybody in this
25 room just in Suffolk County alone, in the last
2441
1 11 months -- not even -- 11 people dead by MS-13.
2 Great strides have been made in reducing serious
3 crime in this state, with one exception: Gangs,
4 and gang-related violent crimes. And they've
5 continue to escalate in this great state.
6 However, in too many places, not
7 just in our major cities, gangs are ruling our
8 communities and fear has taken over the streets.
9 Gun shootings are down 23 percent in
10 the last two years. However, gang-related
11 shootings are up 28 percent and now make up
12 40 percent ladies and gentlemen, my colleagues,
13 40 percent of gun violence acts here in the State
14 of New York.
15 And all too often this violence
16 claims totally innocent victims of shootings,
17 started as dissings between rival gangs involving
18 multiple shootings involving youth thugs with no
19 weapons training and no regard for who they hit
20 or who they kill. Here's just some of the names.
21 Officer Randolph Holder. Allen McQueen, shot
22 while holding his one-year old daughter.
23 Four-year-old Lloyd Christopher Morgan. And the
24 executive counsel, Carey Gabay, a young Brooklyn
25 resident working directly for Governor Cuomo, who
2442
1 had an incredible, bright future, was snuffed out
2 due to being a random victim of a gang turf
3 battle.
4 But as we have unfortunately been
5 reminded again and again, it's not just guns.
6 I'm going to put out MS-13 again: 11 homicides
7 in the past 10 months. They used machetes and
8 baseball bats, to the use of vehicles as killing
9 machines, as we recently had to cope with the
10 poor death of that EMT in Queens who left five
11 boys, EMT Arroyo, killed by a Bloods gang member.
12 We have spent countless resources of
13 money and public safety work power to halt the
14 rise and the spread of these gangs, but the
15 problem and the connected violence keeps growing.
16 It's time for a new approach, ladies and
17 gentlemen. That's what this bill intends to do.
18 We put $189 million last year into
19 heroin, into drugs, into rehabilitation, into
20 helping our families and trying to get
21 interdiction and to make sure we take care of
22 those children and those families. This year,
23 $212 million.
24 How many of you, how many of us have
25 been to the wake of a child or a young man or
2443
1 woman that was killed or died of an overdose of
2 heroin and Fentanyl? Where are they getting that
3 from? The street corner drug seller? Where is
4 he getting it from? They're getting it from the
5 gangs, ladies and gentlemen. The gangs is what's
6 killing our kids across this state.
7 It's the money. It's the money
8 that's the fundamental reason that gangs exist.
9 Money that causes them to force teenagers under
10 the criminal umbrella and money that keeps them
11 alive in our streets and in our prisons. We
12 intend to come at this gang problem by going
13 after their lifeblood, what their criminal
14 enterprise gains them and gets them from dealing
15 death with drugs, murder and intimidation. Cut
16 off the economic benefit gangs provide to their
17 members and their associates, and the gangs will
18 dry up like the noxious weeds they are.
19 Ladies and gentlemen, it's overdue.
20 How many more funerals? How many more gang
21 shootings? Collecting and accepting the proceeds
22 of extortion, kidnapping, drug sales, robberies,
23 and other gang-related activity will now be a
24 crime, and all the money and goods will be
25 subject to the forfeiture of this state, of which
2444
1 40 percent of that money, ladies and gentlemen,
2 will go into an education program so we can put
3 that money, interdiction money, to go after these
4 gangs and to teach our young men and women in our
5 schools today how to avoid from being part of a
6 gang member, from going out and doing our due
7 diligence in town halls to make sure that our
8 gang members are locked up and put away.
9 Ladies and gentlemen --
10 ACTING PRESIDENT AKSHAR: Excuse
11 me, Senator Golden.
12 SENATOR GOLDEN: -- I thank you.
13 ACTING PRESIDENT AKSHAR: Senator
14 DeFrancisco.
15 SENATOR DeFRANCISCO: You know, I
16 don't want to interrupt, but there is a rule and
17 I think he's exceeded it substantially. So if he
18 could wrap up --
19 ACTING PRESIDENT AKSHAR: Thank
20 you, Mr. Floor Leader.
21 Senator Golden, how do you vote?
22 SENATOR GOLDEN: I vote aye,
23 Mr. President, and I thank you for the indulgence
24 of my three-minute explanation.
25 (Laughter.)
2445
1 SENATOR GOLDEN: Thank you.
2 ACTING PRESIDENT AKSHAR: Senator
3 Golden to be recorded in the affirmative.
4 Senator Phillips.
5 SENATOR PHILLIPS: Yes, I rise --
6 thank you, Mr. President -- to explain my vote in
7 support of this bill, and I promise to be quick.
8 As we know, gangs are preying on
9 law-abiding people on Long Island and really
10 across New York State, and they must be stopped.
11 If there is one thing that everyone in this
12 chamber can agree on, it's that no community
13 should ever have to fear horrific acts of
14 violence being perpetrated by gang members. The
15 crimes which recently took place on Long Island
16 have absolutely no place in New York.
17 That is why I am proud to stand and
18 support this common-sense legislation. This bill
19 has a two-prong approach to combating gangs in
20 this state. By increasing penalties as well as
21 educating our young people, we are taking a stand
22 against gangs. We are punishing those gang
23 members who are committing crimes, but we are
24 also eliminating the market for future gang
25 members.
2446
1 It is my hope that we support and
2 pass this bill today.
3 Thank you.
4 ACTING PRESIDENT AKSHAR: Thank
5 you, Senator Phillips. You will be recorded in
6 the affirmative.
7 Senator Peralta.
8 SENATOR PERALTA: Yes, thank you,
9 Mr. President.
10 I have to agree with some of my
11 colleagues that have some concerns about this
12 bill. And I understand the intentions that
13 Senator Golden has regarding this, because MS-13
14 is not just a Long Island issue. Mara
15 Salvatrucha-13 is also a New York City issue. In
16 fact, in my district just over the weekend, there
17 was a stabbing and they mentioned MS-13 after
18 they stabbed him.
19 But be that as it may, they are a
20 threat. MS-13 is a gang that the Bloods, the
21 Crips, and every single gang is actually afraid
22 of. In fact, in the 115 Precinct, one of the
23 precincts that I represent, they used to tell me
24 a story on how the gangs, other gangs, would have
25 to come to the police and ask them for help
2447
1 against these gangs, MS-13. So it is a problem.
2 It is an issue.
3 But at the same time, I have
4 concerns of what the definition of a street gang
5 is. And I hope that Senator Golden can address
6 this concern. When you talk about two or more
7 individuals identified by a common name or a sign
8 or dress or symbols or tattoos or other mark or
9 markings, I understand the criminality part of
10 it. But when you define street gangs as being
11 two or more individuals dressed the same -- so if
12 Senator Jamaal Bailey and I are wearing the same
13 suit, we can be considered a gang, right, in
14 terms of what the NYPD will look at.
15 But that's just a broad definition.
16 Right? So you have four kids standing on a
17 street corner all wearing a white T-shirt, right,
18 the police officer can and may interpret that as
19 a potential gang, because they're all wearing the
20 same attire.
21 So that is just my concern, that we
22 already got rid of stop and frisk, and now this
23 could be a possibility of the police department
24 using this as an opportunity to identify
25 individuals that are all dressed alike or all
2448
1 have similar tattoos.
2 So this is just a concern that I
3 have, and that's why I'll be voting in the
4 negative on this one. But I hope that Senator
5 Golden can pay attention to the broad definition.
6 Because if you narrow the definition, there are a
7 lot of good things in this bill that I would like
8 to see done and look forward to it moving
9 forward.
10 Thank you.
11 ACTING PRESIDENT AKSHAR: Senator
12 Peralta to be recorded in the negative.
13 Seeing no other members wishing to
14 be heard, Senator DeFrancisco to close.
15 SENATOR DeFRANCISCO: I just would
16 like to reinforce what the sponsor said about
17 this particular bill.
18 The definition is a lot more narrow
19 than has been described by some of the speakers
20 explaining their votes. There has to be some
21 crimes that have been committed, as well as
22 identifying three or more people on a street
23 corner or with a tattoo or with whatever it
24 may be.
25 So it is narrow. And it's shaped in
2449
1 some way like the RICO statutes that have been
2 held to be constitutional and have done great
3 things in trying to stop organized crime, whether
4 it's organized crime with people that their noses
5 face the other way, or people who are more
6 sophisticated and corporations that are doing the
7 same thing. So I think it's a great bill.
8 Lastly, I just want to be clear. I
9 was not trying to cut anybody off. But the rules
10 say one thing. We were very liberal on the
11 rules, and I've just got to apply them equally.
12 So I vote aye, Mr. President.
13 ACTING PRESIDENT AKSHAR: Senator
14 DeFrancisco to be recorded in the affirmative.
15 Announce the result.
16 THE SECRETARY: In relation to
17 Calendar 687, those recorded in the negative are
18 Senators Alcantara, Bailey, Comrie, Dilan,
19 Gianaris, Hoylman, Krueger, Montgomery, Peralta,
20 Persaud, Rivera, Sanders and Squadron.
21 Ayes, 48. Nays, 13.
22 ACTING PRESIDENT AKSHAR: The bill
23 is passed.
24 Mr. Floor Leader, that completes the
25 noncontroversial reading of the calendar.
2450
1 SENATOR DeFRANCISCO: Can we return
2 to motions and resolutions and recognize Senator
3 Valesky.
4 ACTING PRESIDENT AKSHAR: Motions
5 and resolutions.
6 Senator Valesky.
7 SENATOR VALESKY: Thank you,
8 Mr. President.
9 On page 31 I offer the following
10 amendments to Calendar 441, Senate Bill Number
11 592A, by Senator Peralta, and ask that said bill
12 retain its place on the Third Reading Calendar.
13 ACTING PRESIDENT AKSHAR: The
14 amendments are received, and the bill shall
15 retain its place on the Third Reading Calendar.
16 Mr. Floor Leader.
17 SENATOR DeFRANCISCO: Is there any
18 further business at the desk?
19 ACTING PRESIDENT AKSHAR: There is
20 no further business at the desk.
21 SENATOR DeFRANCISCO: In that case
22 I move to adjourn until Tuesday, May 9th, at
23 3:00 p.m., Queens Day intervening.
24 (Laughter.)
25 ACTING PRESIDENT AKSHAR: On
2451
1 motion, the Senate stands adjourned until
2 Tuesday, May 9th, at 3:00 p.m.
3 (Whereupon, at 4:32 p.m., the Senate
4 adjourned.)
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