Regular Session - January 14, 2013

                                                                   87

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 14, 2013

11                     4:47 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR ROBERT J. DUFFY, President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               88

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

 2                THE PRESIDENT:   The Senate will 

 3   come to order.

 4                Please rise.  We'll stand by for 

 5   the pledge until our colors are posted.  

 6                (The Civil Air Patrol color guard 

 7   entered the Senate chamber and presented the 

 8   colors.)

 9                THE PRESIDENT:   Please join me in 

10   the pledge.  

11                (Whereupon, the assemblage recited 

12   the Pledge of Allegiance to the Flag.)

13                (The color guard posted the colors 

14   in the rear of the chamber and exited through 

15   the front double door.)

16                THE PRESIDENT:   Please join me in 

17   a moment of silence.

18                (Whereupon, the assemblage 

19   respected a moment of silence.)

20                THE PRESIDENT:   Thank you.

21                Next we'll have the reading of the 

22   Journal.  The Secretary will now read.

23                THE SECRETARY:   In Senate, Sunday, 

24   January 13, 2013, the Senate met pursuant to 

25   adjournment.  The Journal of Saturday, 


                                                               89

 1   January 12th, was read and approved.  On motion, 

 2   Senate adjourned.

 3                THE PRESIDENT:   Without objection, 

 4   the Journal stands approved as read.

 5                Next, presentation of petitions.

 6                Any messages from the Assembly?  

 7                Messages from the Governor.  

 8                Let the record show we are in 

 9   receipt of the State of the State message from 

10   the Governor.  I hand it down and ask that it be 

11   filed in the Journal.

12                Next, reports of standing 

13   committees.  

14                Any reports of select committees?  

15                Communications and reports from 

16   state officers.

17                Motions and resolutions.

18                Senator Libous.

19                SENATOR LIBOUS:   I believe, 

20   Mr. President, Senator Gianaris has some 

21   motions.

22                THE PRESIDENT:  Senator Gianaris.  

23                SENATOR GIANARIS:   Mr. President, 

24   on behalf of Senator Krueger, I move that the 

25   following bills be discharged from their 


                                                               90

 1   respective committees and recommitted with 

 2   instructions to strike the enacting clause:  

 3   Senate Number 1475.  

 4                On behalf of Senator Stavisky, I 

 5   move that the following bills be discharged from 

 6   their respective committees and be recommitted 

 7   with instructions to strike the enacting clause:  

 8   Senate Numbers 633, 645, 1300, 1301, 1308, 1310, 

 9   and 1317.

10                And on behalf of Senator Montgomery, 

11   I move that the following bills be discharged 

12   from their respective committees and be 

13   recommitted with instructions to strike the 

14   enacting clause:  Senate Numbers 1384 and 1403.

15                THE PRESIDENT:   So ordered.

16                Senator Libous.

17                SENATOR LIBOUS:   Thank you, 

18   Mr. President.

19                I believe there's a privileged 

20   resolution at the desk by Senator Seward.  May we 

21   please have it read in its entirety, and then I 

22   believe we would call on Senator Seward before 

23   its adoption.

24                THE PRESIDENT:   The Secretary will 

25   read the resolution in its entirety.


                                                               91

 1                THE SECRETARY:   Legislative 

 2   Resolution 22, by Senators Seward, LaValle, 

 3   Flanagan and Zeldin, commending the Colonel 

 4   Francis S. Gabreski Cadet Squadron from the Long 

 5   Island Group of the Civil Air Patrol Color Guard 

 6   upon the occasion of presenting the colors at the 

 7   start of the session of the New York State 

 8   Senate, January 14, 2013.  

 9                "WHEREAS, It is the sense of this 

10   Legislative Body to recognize that the quality 

11   and character of life in the communities across 

12   New York State are reflective of the concerned 

13   and dedicated efforts of those organizations and 

14   individuals who are devoted to the welfare of the 

15   community and its citizenry; 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 commend the Colonel Francis S. Gabreski 

20   Cadet Squadron from the Long Island Group of the 

21   Civil Air Patrol Color Guard upon the occasion of 

22   presenting the colors at the start of the session 

23   of the New York State Senate, to be held on 

24   Monday, January 14, 2013, at the New York State 

25   Capitol in Albany, New York; and


                                                               92

 1                "WHEREAS, The Civil Air Patrol 

 2   enjoys a proud legacy of selfless sacrifice and 

 3   service to country and community that spans 

 4   decades.  The organization was born one week 

 5   prior to the Japanese attack on Pearl Harbor; and

 6                "WHEREAS, Thousands of volunteer 

 7   members of the Civil Air Patrol answered 

 8   America's call to national service and sacrifice  

 9   by accepting and performing critical wartime 

10   missions; and

11                "WHEREAS, On July 1, 1946, President 

12   Harry S. Truman signed Public Law 476 

13   incorporating the Civil Air Patrol as a 

14   benevolent, nonprofit organization.  On May 26, 

15   1948, Congress passed Public Law 557 permanently 

16   establishing the Civil Air Patrol as the 

17   auxiliary of the new United States Air Force; and

18                "WHEREAS, Three primary mission 

19   areas were set forth at the inception of the 

20   Civil Air Patrol:  aerospace education, cadet 

21   programs, and emergency services; and

22                "WHEREAS, Today, the Civil Air 

23   Patrol handles 90 percent of inland search and 

24   rescue missions, with approximately 75 lives 

25   saved each year.  Its members are generally the 


                                                               93

 1   first on the scene transmitting satellite digital 

 2   images of the damage within seconds around the 

 3   world and providing disaster relief and emergency 

 4   services following natural and manmade disasters, 

 5   including such phenomena as 9/11, Hurricane  

 6   Katrina, Texas and Oklahoma wildfires, tornadoes 

 7   in the south and central United States, 

 8   North Dakota flash flooding and the October 2006  

 9   earthquake in Hawaii, as well as humanitarian 

10   missions along the United States and Mexican 

11   border; and

12                "WHEREAS, In response to the 

13   devastating effects of Hurricane Sandy, the Civil  

14   Air Patrol's New York Wing promptly reacted by 

15   flying 373 damage assessment sorties and 

16   providing 143,360 aerial photographs to New York  

17   disaster relief organizations, FEMA and the 

18   Army Corps of Engineers; providing air 

19   transportation throughout the affected region for  

20   disaster response teams; deploying 30 volunteers 

21   to assist with shelter operations conducted by 

22   the New York City Office of Emergency Management; 

23   and installing 40 volunteers to assist the 

24   Red Cross with the logistics of relief supplies; 

25   and


                                                               94

 1                "WHEREAS, In addition, Civil Air 

 2   Patrol members are dedicated to counterdrug 

 3   reconnaissance and to teaching a new generation 

 4   about aerospace and its impact on our future.  

 5   Its cadet programs ensure our youth receive the 

 6   finest leadership training the nation has to  

 7   offer; and

 8                "WHEREAS, The members of the Colonel 

 9   Francis S. Gabreski Cadet Squadron from the Long 

10   Island Group of the Civil Air Patrol Color Guard 

11   include:  Dennis Woytowitz of Selden, New York; 

12   Debbie Woytowitz of Selden, New York; Thor Hawrey 

13   of Miller Place, New York; Ed Nelson of 

14   Manorville, New York; Peter Tsakonas of 

15   Port Jefferson Station, New York; Alex Woytowitz 

16   of Selden, New York; Christopher Russo of 

17   Sayville, New York; Connor Morse of Holbrook, 

18   New York; Richard Breier of Holbrook, New York; 

19   Josh Medina of Selden, New York; and Louis Fenech 

20   of Sayville, New York; and

21                "WHEREAS, The Civil Air Patrol makes 

22   a huge impact each and every day, going above and 

23   beyond to make a profound difference in America's 

24   communities; and

25                "WHEREAS, This occasion presents a 


                                                               95

 1   unique opportunity for this Legislative Body to 

 2   recognize and pay tribute to the members of the 

 3   Colonel Francis S. Gabreski Cadet Squadron from 

 4   the Long Island Group of the Civil Air Patrol 

 5   Color Guard; and

 6                  "WHEREAS, It is the sense of this 

 7   Legislative Body that when organizations of such 

 8   noble aims and accomplishments are brought to  

 9   our attention, they should be recognized by all 

10   the citizens of this great Empire State; now, 

11   therefore, be it

12                "RESOLVED, That this Legislative 

13   Body pause in its deliberations to commend the 

14   Colonel Francis S. Gabreski Cadet Squadron from 

15   the Long Island Group of the Civil Air Patrol 

16   Color Guard and its members upon the occasion of 

17   presenting the colors at the start of the session 

18   of the New York State Senate; and be it further  

19                "RESOLVED, That copies of this 

20   resolution, suitably engrossed, be transmitted to 

21   Colonel Jack Ozer, New York Wing, Civil Air 

22   Patrol, and the aforementioned members of the 

23   Colonel Francis S. Gabreski Cadet Squadron from 

24   the Long Island Group of the Civil Air Patrol 

25   Color Guard."


                                                               96

 1                THE PRESIDENT:   Thank you.

 2                Senator Seward on the resolution.

 3                SENATOR SEWARD:   Thank you, 

 4   Mr. President.  

 5                I am delighted to sponsor this 

 6   resolution, along with my colleagues 

 7   Senators LaValle, Flanagan, and Zeldin.  

 8                It's an honor and a privilege to 

 9   rise and recognize the members of the 

10   Colonel Francis S. Gabreski Cadet Squadron from 

11   the Long Island Group of the New York Wing of the 

12   Civil Air Patrol Color Guard.

13                You know, in recent years it's 

14   become a wonderful tradition here in the Senate 

15   that early in our legislative session we have the 

16   color guard from a cadet unit of a Civil Air 

17   Patrol come and present the colors in such a 

18   noble and respectful way.  And today has been no 

19   exception at all.  A wonderful job on behalf of 

20   our cadets presenting the colors today.

21                You know, as many of you know, the 

22   Civil Air Patrol is a volunteer nonprofit 

23   auxiliary of the United States Air Force.  And we 

24   mainly think of the Civil Air Patrol as helping 

25   in providing emergency services throughout the 


                                                               97

 1   State of New York, including such things as 

 2   forest fire protection, disaster relief service, 

 3   guaranteed communications, and all aspects of 

 4   aircraft emergency assistance.

 5                Many have come to know just this 

 6   past fall the important work by the Civil Air 

 7   Patrol during response to Superstorm Sandy.  You 

 8   know, Civil Air Patrol members have assisted 

 9   FEMA, the Army Corps of Engineers and various 

10   disaster relief groups with air transportation, 

11   staffing of shelters, and countless other vital 

12   services.

13                But in addition to all of this 

14   outstanding service and work for the people of 

15   the State of New York, one of the best things 

16   that the Civil Air Patrol does is also encourage 

17   activities to help develop young people into 

18   responsible citizens.  And they do that through 

19   their outstanding cadet program.

20                You know, the color guard team that 

21   we are honoring today is comprised of exceptional 

22   young adults in the Civil Air Patrol's cadet 

23   program.  This cadet program, which is designed 

24   for young adults ages 12 through 18, aims to 

25   develop essential life skills and instill values, 


                                                               98

 1   including such things as teamwork, personal 

 2   integrity, leadership, respect, and 

 3   self-confidence, just to name a few.  And all of 

 4   our cadets who are with us today, they certainly 

 5   are developing all of those outstanding 

 6   characteristics.  

 7                So we're honored to have the entire 

 8   team with us today, along with several fellow 

 9   members of the Civil Air Patrol.

10                Our color guard team is accompanied 

11   today -- and I'd like to just acknowledge these 

12   individuals with them -- Lieutenant Colonel Louis 

13   Fenech, Lieutenant Colonel Tom Carello, 

14   Lieutenant Colonel Jerry Marketos, and First 

15   Lieutenant Edward Nelson.  We're delighted to 

16   have all of them with us today accompanying our 

17   color guard.

18                I'm very sorry that Civil Air Patrol 

19   Lieutenant Colonel Andrew Liddle, one of my 

20   constituents, was unable to attend today.  But 

21   he's been involved as a government relations 

22   advisor for many years of the Civil Air Patrol.  

23   In fact, he was responsible for getting me 

24   involved with the Civil Air Patrol back in my 

25   district.  And I'm very, very sorry that 


                                                               99

 1   Andy Liddle is not with us here today; I know he 

 2   wanted to be here.  He helped start this new 

 3   tradition of bringing cadets to the State Senate 

 4   every year, and we're sorry he was unable to be 

 5   here.

 6                You know, cadets here today come 

 7   from the Senate districts that are actually 

 8   represented by Senator LaValle, Senator Flanagan, 

 9   and Senator Zeldin, and they may wish to make 

10   some comments as well.  

11                But I offer my heartfelt 

12   congratulations to all for their achievements, 

13   and thank you for all that you do for the people 

14   of the State of New York, particularly our 

15   cadets.

16                Thank you, Mr. President.

17                THE PRESIDENT:   Thank you, Senator.

18                Senator LaValle to speak on the 

19   resolution.

20                SENATOR LaVALLE:   Thank you, 

21   Mr. President.

22                First, let me say to the cadets:  

23   Thank you for coming to Albany, thank you for 

24   your volunteerism, thank you for what you did 

25   during Hurricane Sandy.  And you are truly very, 


                                                               100

 1   very responsible individuals.  

 2                And while I haven't had a chance to 

 3   talk to you -- but I will -- I do know that 

 4   today's trip to Albany, while you got up early 

 5   and you came here, was a good experience and you 

 6   got to discuss and debate some of the issues of 

 7   the day.  So I think you're going back to 

 8   Long Island with some additional knowledge.

 9                Let me just say to the body that 

10   this cadet unit squadron is housed at the 

11   Francis Gabreski Airport.  And at that site is 

12   the location of the 106th Air National Guard that 

13   has been famous for a lot of saves during 

14   Perfect Storm and a lot of other critical saves 

15   across very treacherous waters.

16                So I'm sure that just being at and 

17   part of a very historic group and a nationally 

18   recognized group helps you look into the future.  

19   And maybe, for some, that will be something that 

20   you want to do as a vocation.

21                Again, thank you for the interest 

22   that you show and the things that you do each and 

23   every day.  And you're great role models at your 

24   schools for other students.

25                THE PRESIDENT:   Thank you, Senator.


                                                               101

 1                Senator Flanagan.

 2                SENATOR FLANAGAN:   Thank you, 

 3   Mr. President.  

 4                I just want to join in the comments 

 5   of Senator Seward and Senator LaValle and, in 

 6   absentia, I want to add the voice of Senator 

 7   Zeldin.  He is serving our country right now on 

 8   some military training, so he's meeting his 

 9   obligations elsewhere.  So I'm proud to know that 

10   he's doing that.  

11                But it's always nice to have 

12   constituents here.  It's great to have young 

13   leaders who exemplify the values that we all hope 

14   to see in our own children.  And I hope that you 

15   have a great visit here.  We look forward to 

16   having you come back.  And keep up the great 

17   community-minded service that you always provide.

18                Thank you.

19                THE PRESIDENT:   Thank you, Senator.

20                Senator Griffo.

21                SENATOR GRIFFO:   Thank you, 

22   Mr. President.

23                I also want to extend our thanks to 

24   all of these young cadets for their service and 

25   their dedication and commitment and tell you how 


                                                               102

 1   proud we are of each and every one of you for 

 2   your interest and what you are trying to do to 

 3   become so involved and be such an important part 

 4   of such a worthy and valuable organization.  

 5                I also want to express our 

 6   appreciation to all of the adult officers and 

 7   advisors who are with the group.  I am fortunate 

 8   to have Lieutenant Colonel Jerry Marketos as a 

 9   member of my district, a constituent, and I know 

10   how hard he works.  And I appreciate all of their 

11   hard work and diligence in working with these 

12   young men and women.  

13                So again, thank you all.  We 

14   sincerely appreciate all of your efforts and 

15   service.

16                THE PRESIDENT:   Thanks, Senator.

17                Any other members wishing to speak 

18   on the resolution?

19                (No response.)

20                THE PRESIDENT:   Seeing none, the 

21   question is on the resolution.  All in favor 

22   signify by saying aye.

23                (Response of "Aye.")

24                THE PRESIDENT:  Opposed, nay.  

25                (No response.)


                                                               103

 1                THE PRESIDENT:   The resolution is 

 2   adopted.

 3                First of all, I want to thank you 

 4   and ask that we all join in a round of applause 

 5   for our Civil Air Patrol.

 6                (Applause.)

 7                THE PRESIDENT:   Thank you very 

 8   much.  And thank you for your service.

 9                Senator Libous.  

10                SENATOR LIBOUS:   Mr. President, 

11   Senator Seward would like to open up the 

12   resolution for everyone to go on it.  So if for 

13   any reason there's a member who chooses not to be 

14   on the resolution, just let the desk know.  

15   Otherwise, everybody's name will be on the 

16   resolution.

17                THE PRESIDENT:   Thank you, Senator.  

18   The resolution is open for cosponsorship.  Anyone 

19   who does not want to be a cosponsor should notify 

20   the desk.  

21                Senator.

22                SENATOR LIBOUS:   Mr. President, at 

23   this time, on behalf of Senator Skelos and 

24   Senator Klein, I want to hand up the following 

25   Majority Coalition appointments.


                                                               104

 1                THE PRESIDENT:   To be filed.

 2                SENATOR LIBOUS:   Thank you, 

 3   Mr. President.

 4                And in consultation with 

 5   Senator Gianaris, I hand up the following 

 6   Democratic Conference committee appointments.

 7                THE PRESIDENT:   To be filed.

 8                Senator Libous.  

 9                SENATOR LIBOUS:   Mr. President, at 

10   this time the Senate will stand at ease.  When we 

11   come back in, I will announce a time and a place 

12   for a Rules Committee.  I wish I could be more 

13   specific on when we would come back in, but I 

14   would ask members to stay close.  

15                And the Senate will now stand at 

16   ease.

17                THE PRESIDENT:   The Senate will 

18   stand at ease.

19                (Whereupon, the Senate stood at ease 

20   at 5:07 p.m.)

21                (Whereupon, the Senate reconvened at 

22   9:28 p.m.)

23                SENATOR LIBOUS:   Mr. President.

24                THE PRESIDENT:   Senator Libous.

25                SENATOR LIBOUS:   I'd like to call a 


                                                               105

 1   meeting of the Rules Committee at 9:45.  There 

 2   will be a meeting of the Rules Committee at 9:45 

 3   in Room 332.

 4                THE PRESIDENT:   Rules Committee, 

 5   9:45, in Room 322.  

 6                And the Senate is back at ease.

 7                SENATOR LIBOUS:  Thank you.  

 8                (Whereupon, the Senate stood at ease 

 9   at 9:29 p.m.)

10                (Whereupon, the Senate reconvened at 

11   10:50 p.m.) 

12                THE PRESIDENT:   Senator Libous.

13                SENATOR LIBOUS:   Thank you, 

14   Mr. President.  

15                May we return to reports of standing 

16   committees.  I believe there's a report of the 

17   Rules Committee at the desk.

18                THE PRESIDENT:   Reports of standing 

19   committees.  

20                The Secretary will read.

21                THE SECRETARY:   Senator Skelos, 

22   from the Committee on Rules, reports the 

23   following bills direct to third reading:  

24                Senate Print 2230, by Senator Klein, 

25   an act to amend the Criminal Procedure Law; 


                                                               106

 1                And Senate 2107, by Senator Skelos, 

 2   Concurrent Resolution of the Senate and Assembly 

 3   proposing an amendment to Article 3 of the 

 4   Constitution.

 5                THE PRESIDENT:   Senator Libous.

 6                SENATOR LIBOUS:   Mr. President, I 

 7   move to accept the report of the Rules Committee 

 8   at this time.

 9                THE PRESIDENT:   All in favor of 

10   accepting the Rules Committee report signify by 

11   saying aye.

12                (Response of "Aye.")

13                THE PRESIDENT:   Any opposed?

14                (No response.)

15                THE PRESIDENT:   The report is 

16   accepted.  

17                Senator Libous.  

18                SENATOR LIBOUS:   Mr. President, now 

19   if we could go to the calendar, could we please 

20   take up Calendar Number 1 at this time.

21                THE PRESIDENT:   The Secretary will 

22   read.

23                THE SECRETARY:   Calendar Number 1, 

24   by Senator Klein, Senate Print 2230, an act to 

25   amend the Criminal Procedure Law.


                                                               107

 1                SENATOR LIBOUS:   Is there a message 

 2   of necessity at the desk, Mr. President?  

 3                THE PRESIDENT:   Senator Libous, 

 4   there is.

 5                SENATOR LIBOUS:   I move that we 

 6   accept the message of necessity at this time.

 7                THE PRESIDENT:   All in favor of 

 8   accepting the message of necessity signify by 

 9   saying aye.

10                (Response of "Aye.")

11                THE PRESIDENT:   Any opposed?  

12                (No response.)

13                THE PRESIDENT:   The message is 

14   accepted.

15                Read the last section.

16                THE SECRETARY:   Section 58.  This 

17   act shall take effect immediately.

18                THE PRESIDENT:   Call the roll.

19                (The Secretary called the roll.)

20                THE PRESIDENT:   Senator Klein to 

21   explain his vote.

22                SENATOR KLEIN:   Thank you, 

23   Mr. President.

24                When the voters send us to Albany 

25   each and every year, they expect us to deliver 


                                                               108

 1   results.  And I'm proud to say that today, after 

 2   working in a bipartisan fashion with 

 3   Governor Cuomo, Senate Republican Leader 

 4   Dean Skelos, Assembly Speaker Silver, and 

 5   Senator Cousins, we have delivered.  

 6                In this package not only are we 

 7   addressing all of the major issues that we set 

 8   out to fix, but we have done so in an inclusive 

 9   and bipartisan way that has provided us with a 

10   comprehensive bill that so many of us can really 

11   be proud of.  

12                As we have said all along, this is 

13   not about taking anyone's rights away but about 

14   securing the right of all New Yorkers to live in 

15   a safe and free society.  

16                Make no mistake, we have long been 

17   at the forefront of this fight.  But today we 

18   solidify our place as a national leader on gun 

19   control.  After all, this package recognizes the 

20   constitutional right that every citizen has to 

21   protect themselves while also recognizing that 

22   right is not absolute and should not come without 

23   reasonable common-sense restrictions.  

24                I believe this is the most 

25   comprehensive and tough gun-control package 


                                                               109

 1   you'll see anywhere in the country.  From this 

 2   day forward, we are banning assault weapons, we 

 3   are eliminating high-capacity magazines, we're 

 4   reforming Kendra's Law, we're providing life in 

 5   prison for those who take the life of a first 

 6   responder.  

 7                We are finally getting serious about 

 8   illegal guns and finally increasing penalties on 

 9   the criminals who use the black market to rob, 

10   assault, or even kill innocent law-abiding 

11   citizens.  And we are doing all of this by making 

12   critical choices that finally begin to tackle the 

13   complex issues of mental health and gun 

14   ownership.  

15                For that reason, I'd like to thank 

16   Governor Cuomo for his leadership on this effort 

17   as well as Senator Skelos again, the 

18   Assembly Speaker, and of course Senator Cousins 

19   for their steady and thoughtful leadership 

20   throughout this legislative process.  

21                Mr. President, I hope my colleagues 

22   will join me in voting yes on this landmark 

23   legislation.  

24                Thank you.

25                THE PRESIDENT:   Thank you, Senator.


                                                               110

 1                Senator Smith to explain his vote.

 2                SENATOR SMITH:   Thank you very 

 3   much, Mr. President.  

 4                Let me first thank Conference Leader 

 5   Klein, Conference Leader Skelos, and 

 6   Conference Leader Andrea Stewart-Cousins.  I 

 7   believe the three of them have put together what 

 8   I believe to be a package obviously that the 

 9   Governor has worked very aggressively on, a 

10   package of legislation that I believe and we all 

11   know will put New York State at the forefront of 

12   gun legislation throughout the country.

13                We now will have the distinction of 

14   having the most aggressive and most sweeping 

15   legislation as it relates to not only making sure 

16   that gun legislation is of a quality that will 

17   keep our citizens safe, but also one that deals 

18   with increased penalties.

19                In many of our urban centers -- 

20   Syracuse, Rochester, Albany, in particular 

21   New York City -- we've had a rash of illegal gun 

22   activities that has taken the lives of a number 

23   of young people throughout this city.  Many of 

24   you are familiar with some of them.  One of them 

25   was here today, a young lady by the name of 


                                                               111

 1   Donna Hood, who lost her son of 13 years old 

 2   walking home simply from school.  

 3                The section of this particular bill, 

 4   Mr. President, that deals with increased 

 5   penalties I have been working on for quite some 

 6   time, along with some of my other colleagues.  

 7   And while I know their names are not in this 

 8   particular bill, one of the things that our 

 9   stenographers do is take down all that is said, 

10   which helps memorialize some of what we talk 

11   about on this floor.  And in that vein, I would 

12   like to be able to memorialize through my 

13   statement here just a few names around the 

14   illegal penalties and dedicate certain sections 

15   to them.  

16                There is a section of the bill that 

17   deals with possession of loaded firearms during 

18   any drug sale of violent felons.  That penalty 

19   goes from a C felony to a five-year mandatory 

20   minimum.  That would be dedicated to 

21   Shanee Johnson's son, who was 17 years old.  

22                There is a section here that deals 

23   with illegal guns on school grounds, goes from a 

24   Class A felony to an E felony.  That would be 

25   dedicated to Donna Hood, who lost her son, 


                                                               112

 1   13 years old, young man driving down the street.  

 2                Then there would be also the injury 

 3   to a child with an illegal gun weapon in the 

 4   reckless area, and that is a Class A misdemeanor 

 5   to a Class D.  That would be dedicated to 

 6   Lloyd Morgan, four years old, young man in the 

 7   Bronx.  

 8                And then of course there is 

 9   targeting illegal possession of guns by gangs.  

10   And that in particular would be dedicated to 

11   Kenneth Archbold, who was in Harlem.  

12                I want to thank my colleagues today 

13   for the work that they're doing today.  I want to 

14   thank again Senator Klein, Senator Skelos, 

15   Senator Andrea Stewart-Cousins, and the Governor 

16   in particular for this effort.  

17                I think today we are setting the 

18   mark for the rest of the country to do what's 

19   right by the people of the State of New York and 

20   to do what's right by the country.  I'll be 

21   voting aye, Mr. President.  

22                Thank you very much.  

23                THE PRESIDENT:   I just would ask 

24   the Senators, we have a two-minute time frame for 

25   explaining your vote.


                                                               113

 1                Senator Peralta.

 2                SENATOR PERALTA:   Thank you, 

 3   Mr. President.  

 4                As the sponsor of 14 gun bills, I 

 5   couldn't be happier to see long-overdue action 

 6   finally taken on common-sense measures to protect 

 7   New Yorkers from gun violence.  

 8                From revoking the gun permits and 

 9   confiscating the firearms of domestic abusers and 

10   the mentally ill, to requiring background checks 

11   and law enforcement oversight for private gun 

12   sales and ammunition purchases, to requiring 

13   periodic statewide recertification of gun 

14   licenses, a good deal of the legislation I have 

15   sponsored and fought for is in this package. 

16                After what we saw happen in Newtown, 

17   Connecticut, and in Rochester, strengthening 

18   New York's assault-weapons ban became an urgent 

19   and pressing priority, and we are adopting 

20   perhaps the toughest assault-weapons ban in the 

21   country.  

22                I applaud the Governor for his 

23   perseverance and his commitment.  Above all, I 

24   want to thank him for his leadership.  Making it 

25   harder for criminals to get guns and keeping 


                                                               114

 1   firearms out of the hands of the mentally ill are 

 2   essential steps in the fight against gun 

 3   violence.  

 4                We also need to make it easier for 

 5   law enforcement to put gun criminals in jail by 

 6   making use of available technology.  That's why 

 7   we need to enact microstamping legislation, which 

 8   has the support of police and prosecutors 

 9   throughout the state.  And there's absolutely no 

10   logical, coherent reason for not requiring 

11   microstamping in New York, or at least not one 

12   that has been articulated yet.  

13                We're told that requiring 

14   microstamping will put our state's gun 

15   manufacturers out of business.  Yet one of the 

16   reasons we needed to toughen New York's 

17   assault-weapons ban is because many high-powered 

18   rifles now in production are exempted from the 

19   current ban.  Why?  Because manufacturers altered 

20   their products to circumvent the law.  So 

21   ignoring the law is profitable, but complying 

22   with a microstamping requirement would be bad for 

23   business.  That's a business model that has no 

24   business in New York.  

25                In addition to making it harder for 


                                                               115

 1   criminals to get guns, we need to make it easier 

 2   for law enforcement to put gun criminals in 

 3   jail.  Longer jail sentences won't make a 

 4   difference if we're not catching the people who 

 5   need to be locked up.  

 6                And please, let's not waste any more 

 7   time on the nonsense that a microscopic code on a 

 8   shell casing constitutes an assault on the 

 9   Second Amendment rights of sportsmen and 

10   law-abiding gun owners.  New Yorkers deserve 

11   better than that, especially those waiting on 

12   justice for a loved one lost to gun violence.  

13                As I said, as the sponsor of 14 gun 

14   bills, I couldn't be happier to see long overdue 

15   action finally taking place.  Mr. President, I 

16   will voting yea.  

17                THE PRESIDENT:   Thank you, Senator.

18                Senator Gianaris to explain his 

19   vote.

20                SENATOR GIANARIS:   Thank you, 

21   Mr. President.  

22                An achievement as significant as 

23   this requires a lot of thanks to go around.  

24   Governor Cuomo certainly deserves our thanks for 

25   shepherding this legislation through the 


                                                               116

 1   process.  Senator Skelos deserves our thanks, 

 2   Senator Klein as well.  But most of all, it's 

 3   Senator Stewart-Cousins and the Democratic 

 4   Conference I want to spend my two minutes 

 5   thanking this evening.

 6                There are no fewer than seven 

 7   components of the legislation we're about to vote 

 8   on that are carried in individual pieces of 

 9   legislation by members of this conference.  You 

10   heard Senator Peralta discuss some of his 

11   proposals.  Senator Squadron has an 

12   assault-weapons-ban bill very similar to what's 

13   in this bill.  I myself carry the universal 

14   background check legislation that is contained in 

15   this bill.

16                And I think what we're going to see 

17   on our side of the aisle is a tremendous vote in 

18   support of this legislation because of the 

19   importance that it presents to the people of this 

20   state.  We see tragedy after tragedy around this 

21   country, and most recently in New York State 

22   itself, caused by the types of weapons that we 

23   are taking action against this evening.  

24                Make no mistake, we are saving lives 

25   by passing this bill tonight.  And for that, 


                                                               117

 1   everyone in this chamber has my thanks, whether 

 2   it's for simply allowing it to come to a vote or 

 3   for casting a vote in favor, because tonight we 

 4   are making a difference for the people of this 

 5   state.  

 6                Thank you.  

 7                THE PRESIDENT:   Thank you, Senator.

 8                Senator Squadron to explain his 

 9   vote.

10                SENATOR SQUADRON:   Thank you, 

11   Mr. President.  

12                And I too want to thank the Governor 

13   for his leadership in pushing this forward, 

14   ensuring that we got here the first regular day 

15   of session the kind of action that people have 

16   been clamoring for for so long on guns.  In fact, 

17   in October I called for an emergency special 

18   session to deal with exactly this issue.  And 

19   today the Governor is pushing this forward.  

20                I thank the conference leaders for 

21   allowing this to come to a vote today and for 

22   their work, and our conference leader on the 

23   Democratic side, Andrea Stewart-Cousins, for her 

24   leadership on these issues over a great deal of 

25   time, as well as the Assembly and the 


                                                               118

 1   Assembly Speaker.  

 2                The assault-weapons ban in this bill 

 3   makes us best in the nation when it comes to 

 4   banning the kind of military-style weapons that 

 5   have no business being on the street or in the 

 6   hand of civilians, period.  Instead of having the 

 7   two-feature model, instead of listing specific 

 8   weapons, we say any one of these features that 

 9   basically makes a weapon an assault weapon, 

10   allows it to do the kind of damage that we've 

11   seen again and again in horrific tragedies, makes 

12   guns no longer legal, period.

13                It also says that for the first time 

14   the Superintendent of State Police is going to be 

15   telling us which guns aren't legal.  So if 

16   manufacturers try to get ahead of this ban, the 

17   Superintendent of State Police is going to be 

18   right on their heels making sure that we do not 

19   have assault weapons that are legal in this 

20   state.  

21                And the sale, the transfer, and the 

22   possession -- other than with very strict 

23   registration requirements -- will be banned.  

24   It's a very big deal, it's very significant, 

25   along with the other components of this bill.  


                                                               119

 1                And I am pleased that this 

 2   assault-weapons ban that I and the Governor and 

 3   so many others have been pushing for for so long 

 4   finally sees the light of day tonight and 

 5   hopefully gets passed into law.  

 6                Thank you, Mr. President.

 7                THE PRESIDENT:   Thank you, Senator.

 8                Senator Krueger to explain her vote.

 9                SENATOR KRUEGER:   Thank you, 

10   Mr. President.  

11                I also rise to take a moment to say 

12   this house, the other house, and the Governor are 

13   doing a good thing tonight.

14                It's not a perfect bill.  I think we 

15   all could name things we wish were included.  For 

16   me, it's a strong statement that New York is 

17   getting tough on guns, that New York is making 

18   sure that we are not going to see continued 

19   levels of violence in our communities.  

20                It's not the final step.  I hope the 

21   important message that is seen here tonight 

22   coming from New York is the importance of 

23   national legislation.  I hope our colleagues in 

24   Washington, D.C., understand the relationship 

25   between the steps we're taking here tonight in 


                                                               120

 1   New York and the importance of ensuring that we 

 2   have parallel and even stronger protections built 

 3   in at the federal level.  

 4                Because you and I and all my 

 5   colleagues know that our authority stops at the 

 6   state border.  And if others are allowed to 

 7   continue the practices that we are outlawing here 

 8   in New York in the surrounding states, we will 

 9   continue to see problems.  

10                And so I hope that the message is 

11   loud and clear coming from Albany and New York 

12   State tonight that we are taking important steps 

13   that must be replicated state by state and at the 

14   national level.  

15                I vote yes, Mr. President.  Thank 

16   you.

17                THE PRESIDENT:   Thank you, Senator.

18                Senator Gipson to explain his vote.

19                SENATOR GIPSON:   Thank you, 

20   Mr. President.  I'm grateful to have this 

21   opportunity to talk about this bill tonight.  

22                I think it's important that the 

23   voters know that it's been only about two hours 

24   since we've had the chance to look over the 

25   details of this bill.  And I myself, as a newly 


                                                               121

 1   elected official here who came here to 

 2   participate in democracy, I find it unfortunate 

 3   that we're not having the chance to debate this 

 4   bill with all the Senators here.  

 5                I frankly think that with all the 

 6   talent in this room on both sides of the aisle, 

 7   we could have done a lot better.  And I hope that 

 8   in the future, on future bills, we will have a 

 9   chance to do better.  

10                Having said that, I do want to say 

11   that I'm happy to see that this bill does not 

12   impose undue restrictions on the many sportsmen 

13   in my district.  I come from a district that has 

14   many hunters, many sportsmen.  And I'm happy to 

15   see that this still gives them the freedom to do 

16   what they enjoy doing in a safe way.

17                I just have to say that while the 

18   bill is not perfect, I cannot help but continue 

19   to think about the many children that have been 

20   killed with gun violence that will no longer have 

21   a chance to celebrate their birthdays, no longer 

22   have a chance to celebrate holidays, that are no 

23   longer with us.  And I could not in good faith do 

24   anything more than support this bill.  

25                So I will be voting yes for this 


                                                               122

 1   bill.

 2                THE PRESIDENT:   Thank you, Senator.

 3                Senator Parker to explain his vote.

 4                SENATOR PARKER:   Thank you, 

 5   Mr. President.

 6                Let me join my colleagues and add my 

 7   voice to the chorus of those who are 

 8   congratulating both the Governor and the members 

 9   of this body in terms of them getting this bill 

10   together, an important work that has to happen.  

11                We oftentimes pass laws that look 

12   for an outcome.  Today, tonight, we're making 

13   history by passing a law that will avoid 

14   outcomes, outcomes like we saw in Newtown.  And 

15   we are hoping that this bill will make New York 

16   safer and stronger than it was yesterday and that 

17   we'll use this as a stepping-off point to do even 

18   more to make the residents of our state the 

19   safest residents in the country.

20                And I want to echo Senator Peralta 

21   when he calls for microstamping.  And there's a 

22   couple of other initiatives that we on the 

23   Democratic side of the aisle have been pushing 

24   for that hopefully will be the next steps in 

25   terms of making sure that people, and 


                                                               123

 1   particularly our children, are safe from gun 

 2   violence.  

 3                I'll be voting aye.

 4                THE PRESIDENT:   Thank you, Senator.

 5                Senator Diaz to explain his vote.  

 6                SENATOR DIAZ:   Thank you, 

 7   Mr. President.

 8                Happy New Year to all of you.  

 9                This is a bill that I find is not as 

10   strong as the Governor was bragging about that it 

11   would be.  It's not as strong in the ban on 

12   assault weapons.  It's a bill.  I understand the 

13   Governor had to come down so -- to allow Jeff 

14   Klein to convince Dean Skelos to submit the bill 

15   to the floor.

16                But ladies and gentlemen, 

17   remember -- and I'm voting yes -- remember that 

18   more than 32 Democratic Senators are voting for 

19   this bill tonight.  So this is a Democratic, this 

20   is a Democratic bill.  Even though we are not in 

21   control in the chamber, I want everyone to know 

22   that this is -- we are -- more than 32 Democratic 

23   Senators, we are voting for this bill.  So this 

24   is our bill.  And we Democrats are the ones 

25   putting this together.  


                                                               124

 1                I'm voting for it, but yet 

 2   knowing -- knowing, ladies and gentlemen, knowing 

 3   that even though I'm voting for it to give the 

 4   opportunity for crime to come down, I know and 

 5   you should know that this would not make a 

 6   difference in crimes.  It's the mind.  Not until 

 7   we work on people's minds.  

 8                We have lost respect for life, we 

 9   have lost respect and fear of God.  We have lost 

10   everything that make people respect one to 

11   another.  And not until we go back to those 

12   standards, nothing, nothing going to control 

13   crimes and nothing going to control this.  

14                I'm voting for it, but I assure you 

15   there's nothing going to change.  It's the mind.  

16   It is not the weapon, it's not the revolver, it 

17   is not the rifle.  It's the mind.  

18                Thank you very much.

19                THE PRESIDENT:   Thank you, Senator.

20                Senator Espaillat to explain his 

21   vote.

22                SENATOR ESPAILLAT:   Thank you, 

23   Mr. President.  

24                I want to also congratulate the 

25   leaders of the Legislature, the Governor on the 


                                                               125

 1   second floor for this initiative.  

 2                But make no mistake about it, it is 

 3   the outrage of millions and millions of Americans 

 4   that has manifested itself across the country 

 5   after the tragedies that have shaken all of us, 

 6   that have propelled us to take this action.  It 

 7   is the outrage of our nation and our state 

 8   regarding the tragedies in Connecticut and other 

 9   states that have now brought us here together to 

10   ignore partisanship and work on common ground to 

11   begin the work on gun control.  

12                Because this is not the end of it, 

13   this is just the beginning of it.  And there are 

14   still many measures that must be considered and 

15   taken to ensure that our families have a better 

16   shot, a better opportunity at living safely in 

17   their communities.  And there are some provisions 

18   that we feel are very necessary and strong 

19   provisions that are not included in this bill.  

20                So let this be the beginning of a 

21   robust dialogue and debate throughout this 

22   legislative session to improve on matters of gun 

23   control.  And let it not be just limited to a 

24   piece of legislation.  I think we need to bring 

25   this debate to the budget process.  We must make 


                                                               126

 1   sure that the budget of this state includes 

 2   funding for programs that have shown to eradicate 

 3   guns from the streets of the City of New York and 

 4   the urban settings in our state.

 5                It is not just the assault weapons 

 6   that are causing damage and killings across the 

 7   state.  Guns, handguns are used readily and daily 

 8   across most of the urban cities of this state, 

 9   and we must address that issue.  And we can do 

10   that not only with regards to public policy or 

11   passing legislation, but we should also ensure 

12   that this incentive and this initiative is 

13   reflected in the budget process.  

14                Yes, even within a very difficult 

15   budget year, we must take into consideration that 

16   the programs that are necessary for law 

17   enforcement and for communities to eradicate guns 

18   from their corners are implemented across the 

19   State of New York.  

20                I stand to vote aye on this bill, 

21   and I think it's the beginning of a debate, not 

22   the end of this process.  

23                Thank you.

24                THE PRESIDENT:   Thank you, Senator.

25                Senator Adams to explain his vote.


                                                               127

 1                SENATOR ADAMS:   Thank you, 

 2   Mr. President.

 3                I want to thank Senator Klein for 

 4   bringing this important bill to the floor and 

 5   allowing us to vote on it.  

 6                It seemed like it was only yesterday 

 7   that I visited a gun shop right here in Albany 

 8   and was able to purchase a high-capacity 

 9   magazine.  And people said it was impossible, 

10   when I introduced the legislation to began ban 

11   those magazines, they said it would never 

12   happen.  It seemed like only yesterday when I 

13   drove from upstate carrying an assault rifle to 

14   the border of Yonkers on Broadway, able to walk 

15   into the Bronx with that assault rifle.  And I 

16   stated we need to ban these assault rifles, and 

17   people said it was impossible.

18                And so the impossibility actually 

19   came to reality today as we're voting on these 

20   legislations and these bills that are clearly 

21   going to turn the corner on what we're doing in 

22   New York City.  And hopefully Washington, D.C., 

23   will understand the importance and the importance 

24   of banning assault rifles will resonate 

25   throughout the entire country.  


                                                               128

 1                It's one thing for New York City to 

 2   have strong gun laws, but when you can walk into 

 3   any gun shop in Albany with just a driver's 

 4   license and pick up an AK-47 or pick up any other 

 5   assault rifle and walk into New York City, then 

 6   we're failing.  We must ban assault rifles.  And 

 7   Senator Peralta is right, and Senator Espaillat 

 8   is right.  It's more than just assault rifles.  

 9                Because we not only mourn the death 

10   of children who are shot by AK-47s in classrooms, 

11   we mourn the death of children who are shot on 

12   playgrounds with 9 millimeters or .38 or any 

13   gun.  The death of a child, a parent doesn't 

14   mourn different based on the geographical area 

15   that they were shot.  We must deal with the sick 

16   fascination we have with gun violence.  

17                And I will be voting aye.

18                THE PRESIDENT:   Thank you, Senator.

19                Senator Ball to explain his vote.

20                SENATOR BALL:   Good evening, 

21   everybody.  How are you?  It's good to be in the 

22   State of New York.  

23                You know, it's amazing, I got a 

24   letter from a mother in my district.  And that 

25   mother has a bipolar child who's schizophrenic, 


                                                               129

 1   and she fears for her life and the lives of her 

 2   neighbors every day.  And the mental health 

 3   system in the New York State has failed her 

 4   repeatedly.  It's a kangaroo system, and that 

 5   child will be treated like a number and a ticking 

 6   time bomb to go off.  

 7                And that single mom doesn't have the 

 8   support from this state or that system to care 

 9   for that child.  And tonight we preach about 

10   saving lives.

11                Not long ago I think a woman was in 

12   Georgia, she has several young children, her 

13   husband showed her how to shoot.  Somebody broke 

14   into her home, came after her, she shot him I 

15   believe six times.  Tonight we're going to pass 

16   legislation that if she had eight rounds in that 

17   chamber instead of seven, she'd be a criminal.  

18                We haven't saved any lives tonight 

19   except for one, the political life of a governor 

20   who wants to be president.  

21                We have taken an entire category of 

22   firearms that are currently legal that are in the 

23   homes of law-abiding, taxpaying citizens -- as a 

24   legislature that believes in its power to the 

25   extent where you actually profess you're 


                                                               130

 1   magically saving lives, we are now turning those 

 2   law-abiding citizens into criminals.  

 3                And tomorrow hoping that on the 

 4   front pages we will be seen as preventing 

 5   tragedies.  Yet that single mom will wake up 

 6   tomorrow with that bipolar child who's 

 7   schizophrenic and violently mentally ill, and we 

 8   will have done nothing.

 9                Good night.  And I voted no, and I 

10   only wish I could have done it twice.

11                THE PRESIDENT:   Thank you, Senator.

12                Any Senators wishing to explain 

13   their vote?  

14                Senator Marchione.

15                SENATOR MARCHIONE:   I rise to 

16   explain my no vote as well.  

17                I truly believe that the 

18   Second Amendment constitutional freedoms of every 

19   New Yorker tonight has been weakened and will be 

20   weakened by the passage of this new restrictive 

21   gun law.  

22                I felt -- I feel that it was a shame 

23   that our Governor felt the need to use a message 

24   of necessity.  

25                Because we talk about transparency 


                                                               131

 1   and we talk about wanting our people within our 

 2   districts to be able to give us their opinions 

 3   and to have public hearings and to hear about the 

 4   process, and to make sure it's open and 

 5   transparent, yet we get legislation on our desks 

 6   for less than 20 minutes and we're voting on 

 7   something through a message of necessity.

 8                Law-abiding citizens who own 

 9   guns are not our problem.  Law-abiding citizens 

10   understand, know how to take care of their guns 

11   not to be a danger to others.  Mentally ill 

12   people and criminals who have guns, who will have 

13   guns whether or not this legislation is passed -- 

14   because they will get guns illegally.  Most of 

15   them do.  

16                All of us in this room tonight care 

17   deeply about the tragedies that have occurred in 

18   our state and in other states.  But do you 

19   realize that out of all of those incidences, 

20   they're males between 18 and 34?  And in only one 

21   instance it wasn't mental illness.  We need to 

22   look at mental illness.  

23                When I look at this bill tonight, I 

24   see some good things.  I see how we're looking at 

25   Kendra's Law and Mark's Law.  I see how we're 


                                                               132

 1   looking to give schools money to help them.  But 

 2   I'd like to see the bill split so in good 

 3   conscience I can continue to vote no on 

 4   legislation that I believe takes away the rights, 

 5   constitutional rights of our law-abiding citizens 

 6   who choose to want to have guns.

 7                I will be voting no on this bill.

 8                THE PRESIDENT:   Thank you, Senator.

 9                Any Senators wishing to explain 

10   their vote before we close?

11                Seeing none, announce the results.

12                THE SECRETARY:   In relation to 

13   Calendar Number 1, those recorded in the negative 

14   are Senators Ball, Bonacic, DeFrancisco, Farley, 

15   Gallivan, Griffo, Larkin, Libous, Little, 

16   Marchione, Maziarz, Nozzolio, O'Mara, 

17   Ranzenhofer, Ritchie, Robach, Seward and Young.

18                Ayes, 43.  Nays, 18.

19                THE PRESIDENT:   Bill Number 2230 is 

20   passed.

21                Senator Libous.

22                SENATOR LIBOUS:   Mr. President, 

23   could we have some order in the chamber.

24                THE PRESIDENT:   Order in the 

25   chamber, please.


                                                               133

 1                SENATOR LIBOUS:   Thank you, 

 2   Mr. President.  

 3                Could we lay aside the remainder of 

 4   the calendar for the day, please.

 5                THE PRESIDENT:   So ordered.

 6                SENATOR LIBOUS:   Is there any other 

 7   business at the desk?  

 8                THE PRESIDENT:   There is none.

 9                SENATOR LIBOUS:   Mr. President, 

10   there being no further business, I move that we 

11   adjourn until Tuesday, January 15th, at 

12   11:00 a.m.

13                THE PRESIDENT:   On motion, the 

14   Senate stands adjourned until Tuesday, 

15   January 15, at 11:00 a.m.

16                (Whereupon, at 11:21 p.m., the 

17   Senate adjourned.)

18

19

20

21

22

23

24

25