Regular Session - March 5, 2018

                                                                   811

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 5, 2018

11                     4:27 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               812

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy, I ask all present to please 

11   join in a moment of silent reflection and/or 

12   prayer.

13                (Whereupon, the assemblage 

14   respected a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, Sunday, 

18   March 4th, the Senate met pursuant to 

19   adjournment.  The Journal of Saturday, 

20   March 3rd, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal will stand approved as 

24   read.

25                Presentation of petitions.  


                                                               813

 1                Messages from the Assembly.

 2                Messages from the Governor.

 3                Reports of standing committees.

 4                Reports of select committees.

 5                Communications and reports from 

 6   state officers.  

 7                Motions and resolutions.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes, 

10   Mr. President, on page 17 I offer the following 

11   amendments to Calendar 227, Senate Bill 2168, by 

12   Senator Serino, and ask that said bill retain 

13   its place on the Third Reading Calendar.

14                ACTING PRESIDENT GRIFFO:   The 

15   amendments are received, and the bill shall 

16   retain its place on third reading.

17                SENATOR DeFRANCISCO:   On page 32, 

18   I offer the following amendments to Calendar 

19   399, Senate Print 7418, by Senator Griffo, and 

20   ask that the bill retain its place on the Third 

21   Reading Calendar.

22                ACTING PRESIDENT GRIFFO:   The 

23   amendments are received, and the bill shall 

24   retain its place on third reading.

25                SENATOR DeFRANCISCO:   On page 43, 


                                                               814

 1   I offer the following amendments to 

 2   Calendar 514, Senate Print 2599A, by 

 3   Senator Lanza, and ask that said bill retain its 

 4   place on the Third Reading Calendar.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   amendments are received, and the bill shall 

 7   retain its place on third reading.

 8                SENATOR DeFRANCISCO:   I now move 

 9   to amend Senate Bill 4819B by striking out the 

10   amendments made on February 27, 2018, and 

11   restoring it to its previous print number, 

12   4819A.  That's by Senator LaValle.

13                ACTING PRESIDENT GRIFFO:   It is so 

14   ordered.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   Yes, would 

17   you please recognize Senator Croci.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Croci.

20                SENATOR CROCI:   Thank you, 

21   Mr. President.  And thank you to my --

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Croci, excuse me.  

24                Could we have some order in the 

25   house, please.  


                                                               815

 1                Senator Croci.

 2                SENATOR CROCI:   Again, 

 3   Mr. President, thank you for this opportunity.  

 4   I'd like to make a brief introduction.  

 5                I normally do not make introductions 

 6   on the floor, but we have a group who have come 

 7   up from Long Island, New York.  And it's an 

 8   example of when government can follow what the 

 9   community is doing, when government wants to be a 

10   part of a movement that started at the 

11   grassroots.  

12                And particularly when it comes to 

13   protecting our environment and our vital water 

14   resources on Long Island, I am proud to have with 

15   us in the chamber today the Lake Ronkonkoma 

16   Improvement Group, who are made up of men and 

17   women in our community who decided to take a 

18   treasure, something that the Vanderbilts 

19   themselves built Motor Parkway to get to, Lake 

20   Ronkonkoma.  

21                And as the water started to recede, 

22   we noticed that there was a tremendous amount of 

23   debris in the lake.  We noticed the stormwater 

24   runoff polluting a place where Greta Garbo and 

25   Jackie Gleason and movie stars for three 


                                                               816

 1   centuries -- two centuries have been going.  It 

 2   was the predecessor to the Hamptons.

 3                And, ladies and gentlemen, we have a 

 4   group who woke up one morning and decided that 

 5   they were going to clean up their environment, 

 6   they weren't going to wait for government to do 

 7   it.  And because they decided to take that 

 8   initiative, government followed them.  Government 

 9   came to the table with volunteers and resources.  

10                They woke up in the morning at 

11   6 o'clock before the sun rose in order to make 

12   sure that a beautiful part of our environment and 

13   our ecosystem on Long Island is protected.  It's 

14   rare to see this kind of initiative come truly 

15   from the grassroots.  

16                And I am so proud not only that I 

17   know most of them from the community, but that 

18   they decided to take an initiative and, like 

19   starting a session a few minutes early, 

20   government can't always be the answer.  It's men 

21   and women on the ground who can do it.

22                And I am so proud to have the Lake 

23   Ronkonkoma Improvement Group here and all the 

24   families that they represent and the hundreds of 

25   volunteers that they represent.  


                                                               817

 1                Mr. President, I hope that you will 

 2   recognize them because I am so proud to represent 

 3   the Third Senate district and all of the members 

 4   in the chamber today.

 5                ACTING PRESIDENT GRIFFO:   Thank 

 6   you, Senator Croci.  

 7                On behalf of Senator Croci and the 

 8   entire Senate, we welcome the Lake Ronkonkoma 

 9   Improvement Group here.  We sincerely express our 

10   appreciation and gratitude for all of your good 

11   work.  We ask that you please rise and be 

12   recognized as we extend the privileges of the 

13   house to you.

14                (Standing ovation.)

15                ACTING PRESIDENT GRIFFO:   Senator 

16   DeFrancisco.

17                SENATOR DeFRANCISCO:   Could you 

18   please recognize Senator Comrie for a brief 

19   introduction.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Comrie.

22                SENATOR COMRIE:   Thank you, 

23   Mr. President.  

24                I want to rise to acknowledge the 

25   presence -- they had to leave because of their 


                                                               818

 1   bus and timing, but we had 34 students from 

 2   Pathways College Preparatory School straight out 

 3   of Hollis, Queens, where hip-hop was created.

 4                (Loud reaction from members.)

 5                SENATOR COMRIE:   No, no.  Sorry.  

 6   Sorry.  Sorry, Mr. President.  It's a running 

 7   argument over here.  

 8                But they were visiting on a college 

 9   tour.  They're here today.  They already visited 

10   the College of St. Rose and the University at 

11   Albany.  They're going to Oneonta tomorrow.  

12                But they're up here because they are 

13   trying to become college students.  They're in 

14   the Early College Preparatory Program.  They 

15   benefit from that through the state funding, and 

16   I hope that we can continue it.

17                Pathways College Preparatory School 

18   is a small school with big dreams.  It's linked 

19   with the College Board, the non-for-profit group 

20   best known as the developer and administrator of 

21   the SAT and Advanced Placement courses.  All high 

22   school seniors are required to take two AP 

23   courses; the choices are economics, literature or 

24   composition.  

25                I'd like to thank the principal, 


                                                               819

 1   Fia Davis, the adult chaperones, but most of all 

 2   the students who are investing their time and 

 3   their future by visiting the institutions of 

 4   higher learning and taking time to visit us in 

 5   the chambers today.

 6                I want to thank you Josie Maldonado, 

 7   the parent and program coordinator, and all of 

 8   their guidance counselors for being here today.  

 9   I just had a great discussion with them.  They 

10   are truly concerned about the ability to make 

11   sure that the credits that they're taking now -- 

12   some of them have already gotten up to 18 college 

13   credits to attend schools in New York.  And I 

14   hope that we can continue these programs that 

15   will allow them to also become great young people 

16   one day.

17                Thank you, Mr. President.

18                ACTING PRESIDENT GRIFFO:   Thank 

19   you, Senator Comrie.  

20                Let the record reflect that those 

21   comments were made in support and recognition of 

22   Pathways Early College Prep School.  We 

23   appreciate their visit and hope they had an 

24   enjoyable and a rewarding visit to the Capitol 

25   today, and perhaps next time they will bring 


                                                               820

 1   Run-D.M.C. or the Hollis Boyz with them.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   Thank you, 

 4   Mr. President.  Can we now take up the 

 5   noncontroversial reading of the calendar.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Calendar Number 92, 

 9   by Senator Alcantara, Senate Print 5881B, an act 

10   to amend the Administrative Code of the City of 

11   New York.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 57.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   211, by Senator Phillips, Senate Print 5974A, an 

24   act to amend the Vehicle and Traffic Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               821

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

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

 4   same manner as Chapter 355 of the Laws of 2017.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   217, by Senator Young, Senate Print 565, an act 

13   to amend the General Business Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 4.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 55.  Nays, 2.  

22   Senators Hamilton and Savino recorded in the 

23   negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               822

 1                THE SECRETARY:   Calendar Number 

 2   297, by Senator Croci, Senate Print 938, an act 

 3   to amend the Executive Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 120th day.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 57.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   352, by Senator Little, Senate Print 2253A, an 

16   act to amend the Private Housing Finance Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the 180th day.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 57.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               823

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   372, by Senator Hannon, Senate Print 6054A, an 

 4   act to amend the Social Services Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 57.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   462, by Senator Carlucci, Senate Print 5517, an 

17   act to amend the General Business Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 57.


                                                               824

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   478, by Senator Valesky, Senate Print 6965, an 

 5   act to amend the Penal Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 6.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 56.  Nays, 1.  

14   Senator Montgomery recorded in the negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   480, by Senator Marcellino, Senate Print 2152, an 

19   act to amend the Tax Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               825

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 57.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   490, by Senator Ortt, Senate Print 722, an act to 

 7   amend the Agriculture and Markets Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT GRIFFO:   Announce 

16   the results.

17                THE SECRETARY:   In relation to 

18   Calendar 490, those recorded in the negative are 

19   Senators Alcantara, Avella, Bailey, Benjamin, 

20   Brooks, Carlucci, Comrie, Gianaris, Hamilton, 

21   Hoylman, Kaminsky, Kavanagh, Krueger, Peralta, 

22   Rivera, Sanders and Serrano.

23                Ayes, 43.  Nays, 17.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               826

 1                THE SECRETARY:   Calendar Number 

 2   507, by Senator Ortt, Senate Print 723, an act to 

 3   amend the Environmental Conservation Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 60th day.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   508, by Senator Funke, Senate Print 829, an act 

16   to amend the Executive Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               827

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   512, by Senator Larkin, Senate Print 2390, an act 

 4   to amend the General Business Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect on the 180th day.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   513, by Senator Hamilton, Senate Print 2424B, an 

17   act to amend the Executive Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               828

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                Calendar Number 54 is high and 

 4   ineligible for consideration today and is laid 

 5   aside, accordingly, for the day.

 6                Senator DeFrancisco, that concludes 

 7   the noncontroversial reading of today's 

 8   active-list calendar for March 5th.

 9                SENATOR DeFRANCISCO:   Yes, I know 

10   that, thank you.

11                Could we now have an immediate 

12   meeting of the Rules Committee in Room 332.

13                ACTING PRESIDENT GRIFFO:   There is 

14   an immediate meeting of the Rules Committee in 

15   Room 332.

16                SENATOR DeFRANCISCO:   Thank you, 

17   Mr. President.

18                ACTING PRESIDENT GRIFFO:   The 

19   Senate stands at ease.

20                (Whereupon, the Senate stood at ease 

21   at 4:41 p.m.)

22                (Whereupon, the Senate reconvened at 

23   4:57 p.m.)

24                ACTING PRESIDENT GRIFFO:   The 

25   Senate will come to order.


                                                               829

 1                Senator DeFrancisco.

 2                SENATOR DeFRANCISCO:   Is there a 

 3   report of the Rules Committee at the desk?  

 4                ACTING PRESIDENT GRIFFO:   There is 

 5   a report at the desk.  

 6                The Secretary will read.

 7                THE SECRETARY:   Senator Flanagan, 

 8   from the Committee on Rules, reports the 

 9   following bills:  

10                Senate Print 1144A, by Senator 

11   Gallivan, an act to amend the Criminal Procedure 

12   Law; 

13                Senate 2521, by Senator Gallivan, an 

14   act to amend the Penal Law; 

15                Senate 2881, by Senator Tedisco, an 

16   act to amend the Penal Law; 

17                Senate 6798A, by Senator Felder, an 

18   act to amend the Administrative Code of the City 

19   of New York;

20                Senate 7790, by Senator Croci, an 

21   act to amend the Education Law; 

22                Senate 7791, by Senator Gallivan, an 

23   act to amend the Retirement and Social Security 

24   Law; 

25                Senate 7805, by Senator Croci, an 


                                                               830

 1   act to amend the Education Law; 

 2                Senate 7810A, by Senator Gallivan, 

 3   an act to amend the Education Law; 

 4                Senate 7811A, by Senator Gallivan, 

 5   an act to amend the Education Law; 

 6                Senate 7813A, by Senator Murphy, an 

 7   act to amend the Penal Law; 

 8                Senate 7832, by Senator Croci, an 

 9   act to amend the Education Law; 

10                Senate 7838, by Senator Ritchie, an 

11   act to amend the Education Law; 

12                Senate 7845, by Senator Felder, an 

13   act to amend the Education Law; 

14                Senate 7846, by Senator Phillips, an 

15   act to amend the Education Law; and 

16                Senate 7847, by Senator Tedisco, an 

17   act to amend the Vehicle and Traffic Law.

18                All bills reported direct to third 

19   reading.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   DeFrancisco.

22                SENATOR DeFRANCISCO:   I move to 

23   accept the Rules Committee report.

24                ACTING PRESIDENT GRIFFO:   There is 

25   a motion before the house to accept the Committee 


                                                               831

 1   on Rules report.  All in favor say aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT GRIFFO:   Opposed?

 4                (No response.)

 5                ACTING PRESIDENT GRIFFO:   The Rules 

 6   report is approved and before the house.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   Okay, 

 9   Mr. President, there's a supplemental calendar, 

10   Number 15A.  Can we take up Calendar Number 550, 

11   please.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read from Senate Supplemental 

14   Calendar 15A.

15                THE SECRETARY:   Calendar Number 

16   550, by Senator Gallivan, Senate Print 7810A, an 

17   act to amend the Education Law.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Gianaris, why do you rise?

20                SENATOR GIANARIS:   Thank you, 

21   Mr. President.  

22                I believe we have an amendment at 

23   the desk.  I ask that the reading of the 

24   amendment be waived and that a handful of our 

25   members may be heard on the amendment.


                                                               832

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator Gianaris.

 3                Upon review of your amendment, 

 4   pursuant to Rule VII, Section 4(B), I rule it 

 5   nongermane.

 6                SENATOR GIANARIS:   I would like to 

 7   appeal the decision of the chair and ask that 

 8   Senator Kaminsky be heard first on that appeal.

 9                ACTING PRESIDENT GRIFFO:   The 

10   appeal is so ordered, and Senator Kaminsky will 

11   be heard.

12                SENATOR KAMINSKY:   Thank you, 

13   Mr. President.

14                The current amendment is germane 

15   because it's on the exact same topic about who 

16   should be carrying firearms in our schools.  

17                We are at a turning point in our 

18   country, and we should be at one in our state 

19   right now, about how we can protect our children 

20   and protect our schools from gun violence.

21                Now, right now our president has 

22   said he wants to change the federal law and do 

23   away with gun-free school zones.  That would 

24   leave the law in our state open to any school 

25   board allowing a classroom teacher to carry a 


                                                               833

 1   firearm.

 2                Arming teachers is dangerous and 

 3   it's misguided, and we should take up this bill 

 4   today because it's the exact same thing that the 

 5   other bills cover and that we need to be dealing 

 6   with.

 7                First of all, it's a complete 

 8   distraction.  Instead of looking at commonsense 

 9   gun control measures that work, funding real 

10   mental health treatment which is so desperately 

11   needed in our state, we are window dressing.  And 

12   yes, school security is important, but guns in 

13   our classrooms is dangerous.  It's a matter of 

14   time before something goes wrong.  The answer to 

15   our gun problem is not more guns.

16                And if we are able to have guns in 

17   our classrooms and that is our means of 

18   protection, what do we do about the rest of 

19   society -- our supermarkets, our churches and 

20   synagogues, our movie theaters?  We must do 

21   better.  

22                While having armed guards in front 

23   of schools that we are considering today is 

24   certainly a step forward in giving our schools 

25   the money they need to have secure technology, we 


                                                               834

 1   are not adequately getting at this problem.  The 

 2   other bills under consideration -- extreme risk 

 3   protection orders, better background checks, 

 4   outlawing bump stocks -- can you believe that's 

 5   legal in our state? -- as well as funding gun 

 6   violence research, these are the critical steps 

 7   we need to take.  And together, across the aisle, 

 8   we could work to make this happen.  And all we're 

 9   asking is to consider and to debate these very 

10   commonsense measures.  

11                But arming our teachers is a step 

12   too far.  And if we do nothing in this body, 

13   that's what will happen.  Our schools will become 

14   armed camps.  A very wise and respected 10-year 

15   superintendent in my school district said the 

16   other day:  You don't solve problems with more 

17   problems.  Let's get guns out of our classrooms 

18   and take up the real work that must be done.  

19                These amendments are germane, 

20   Mr. President.  Let's consider them and let's do 

21   the work the people demand.  Thank you.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Kavanagh.

24                SENATOR KAVANAGH:   Mr. President, 

25   I'll be brief.  I spoke at length on this topic 


                                                               835

 1   just a week ago.

 2                But again, as much as we would like 

 3   to think that we can solve these problems in our 

 4   society by simple steps like having people who 

 5   ostensibly are going to protect our students and 

 6   other people who gather in public places, the 

 7   simple fact is as long as we don't address the 

 8   underlying problem here, we are going to continue 

 9   to have violent incidents.  And all of the school 

10   safety plans and all the security in the world is 

11   not going to stop that.

12                We have taken major steps forward in 

13   this state to ensure that people who shouldn't 

14   have guns are denied those, through the SAFE Act 

15   and through other measures.  That act, as you 

16   know, added background checks that people have to 

17   pass in order to legally possess guns in our 

18   state.  

19                But we have additional steps that we 

20   can take that experience has told us work in 

21   other states, including the extreme risk 

22   protection orders, and we ought to be taking that 

23   up.  Whatever people think about this proposal 

24   that's before us on the main bill, we ought to be 

25   taking up steps that will minimize the likelihood 


                                                               836

 1   that those security officers are facing dangerous 

 2   people coming to their schools and trying to harm 

 3   people.

 4                So I urge my colleagues to vote 

 5   against the president's ruling on this and allow 

 6   this to come to the floor today.

 7                ACTING PRESIDENT GRIFFO:  Senator 

 8   Hoylman.

 9                SENATOR HOYLMAN:   Thank you, 

10   Mr. President.  

11                I urge a vote on these amendments as 

12   well.  

13                You know, there is a bill that not 

14   only I carry to ban bump stocks, but that our 

15   friends across the aisle -- Senator Lanza carries 

16   it as well.  I would argue that that bill should 

17   be part of the Republican package on gun safety 

18   today, but it's not.  

19                Instead we have bills authorizing 

20   distinctive license plates; changing the name of 

21   lockdown drills to active shooter drills; issuing 

22   reports on school counselors and psychologists 

23   without any funding behind it; changing the 

24   definition of terrorism and creating a mental 

25   health services program coordinator.  


                                                               837

 1                That might be a good press release, 

 2   it might be an apt slogan, but to me it sounds 

 3   like something straight out of the NRA policy 

 4   playbook:  Let's divert attention, the public's 

 5   attention away from the real issue with phoney 

 6   solutions to a burning problem.  And the problem 

 7   is burning.  It's like the house is burning down 

 8   and we are instead landscaping the yard with the 

 9   proposals today.  

10                Mr. President, there is a website 

11   called MassShootingTracker.org.  And believe me, 

12   it's a sign of the times that such a thing 

13   exists.  But since last week when we debated the 

14   Democratic package of sensible gun laws, there 

15   have been five mass shootings -- just since last 

16   week.  Seven people dead, 15 injured.  

17                We have to act now, Mr. President.  

18   So it's important that we bring together bills 

19   that address these issues -- bills that the 

20   president of the United States, a Republican, 

21   said he supported -- banning bump stocks, issuing 

22   extreme risk protection orders, funding gun 

23   safety research, preventing our schoolteachers 

24   from carrying arms.  

25                I am the father of a second-grader.  


                                                               838

 1   I love my second-grade teacher.  But I don't 

 2   think she should be carrying a gun.  She has 

 3   enough responsibilities in the classroom looking 

 4   after my daughter and her 29 other students than 

 5   to worry about intruders who she is supposed to 

 6   be aiming and killing, according to proposals 

 7   coming out of Washington.  

 8                Mr. President, we need to act today 

 9   before the mass shootings continue in this 

10   country.  Thank you.  

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Gianaris.

13                SENATOR GIANARIS:   Thank you, 

14   Mr. President.

15                Well, I've got to hand it to my 

16   Republican colleagues.  Last week they promised 

17   to take up a series of bills dealing with the 

18   crisis of violence in our country without talking 

19   about guns.  And sure enough, today we have over 

20   a dozen bills that they're presenting us that 

21   have nothing to do with taking dangerous firearms 

22   off our streets and making our kids and our 

23   families throughout this country safer.

24                I spent a fair amount of time in the 

25   last week just scratching my head and thinking 


                                                               839

 1   about what is it about the word "gun" or 

 2   "firearm" that so scares my colleagues that they 

 3   won't even talk about doing anything to regulate 

 4   them.  It's as if, if the mere word comes out of 

 5   their mouth, they'll melt.  

 6                And yet we have over a dozen bills 

 7   that some of them are good, and we all want to 

 8   strengthen safety at our schools and protect our 

 9   kids in any way we can when they're at school, 

10   but there's nothing about the underlying problem 

11   of gun violence.  

12                I said it last week; Senator 

13   Kaminsky just said it a while ago.  What's going 

14   to happen when the next shooting is not in a 

15   school but is in a movie theater?  Are we going 

16   to be back to do 15 bills to protect our movie 

17   theaters?  Are we going to come back to do 

18   another 15 to protect our malls?  

19                It was just today that Utica College 

20   was on lockdown because of a threat.  And yet 

21   would anything in these bills that are protecting 

22   our schools deal with that?  

23                The fact is there's one thing that 

24   all these incidents have in common, and that is 

25   weapons that should not be in the hands of the 


                                                               840

 1   perpetrators that are committing these crimes.  

 2   Why aren't we doing even the basic simple things 

 3   to deal with that problem?  

 4                For goodness' sake, let's make sure 

 5   background checks are actually effectuated when 

 6   anyone wants to buy a firearm.  Why would anyone 

 7   be against that?  Let's make sure bump stocks 

 8   cannot get in the hands of people who can misuse 

 9   them -- as if there's any way to properly use 

10   them, by the way.

11                It's just something that is horribly 

12   upsetting.  And then we have Senator Kaminsky who 

13   stepped forward with a very sound bill to make 

14   sure we have fewer guns, not more, in our schools 

15   by prohibiting the arming of teachers in our 

16   schools.  And in fact there was just an incident 

17   a couple of days ago where there was a shooting 

18   by a teacher.  

19                The fact is guns in more hands means 

20   more violence, not less.  And until my colleagues 

21   figure that out, we're going to keep coming back 

22   here talking about the next place you want to 

23   harden, until we're under military occupation 

24   because there will just be armed guards 

25   everywhere in the entire country.


                                                               841

 1                Once again, we're putting forward a 

 2   very -- what should be easy set of proposals to 

 3   make sure that we genuinely make people safer, 

 4   and I would hope that my colleagues would agree 

 5   and not just create more excuses and more 

 6   diversions, which is what seems to happen every 

 7   time one of these things occurs.  

 8                Thank you, Mr. President.  

 9                ACTING PRESIDENT GRIFFO:   I want to 

10   remind the house that the vote is on the 

11   procedures of the house and the ruling of the 

12   chair.  

13                All in favor of overruling the 

14   ruling of the chair signify by saying aye.

15                SENATOR GIANARIS:   Mr. President, a 

16   show of hands, please.

17                ACTING PRESIDENT GRIFFO:   A show of 

18   hands has been requested and so ordered.

19                THE SECRETARY:   Ayes, 28.

20                ACTING PRESIDENT GRIFFO:   The 

21   ruling of the chair stands.

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   Could we 

24   now -- 

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               842

 1   last section.

 2                THE SECRETARY:   Section 4.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT GRIFFO:   Announce 

 8   the results.

 9                THE SECRETARY:   In relation to 

10   Calendar 550, those recorded in the negative are 

11   Senators Alcantara, Avella, Comrie, Dilan, 

12   Hoylman, Klein, Montgomery, Peralta, Rivera, 

13   Savino.  Also Senator Gianaris.  Also Senator 

14   Sanders.  Also Senator Krueger.  Also Senator 

15   Kavanagh.

16                ACTING PRESIDENT GRIFFO:   The 

17   Secretary will reannounce.

18                THE SECRETARY:   In relation to 

19   Calendar 550, those recorded in the negative are 

20   Senators Alcantara, Avella, Benjamin, Comrie, 

21   Gianaris, Hamilton, Hoylman, Kavanagh, Klein, 

22   Krueger, Montgomery, Peralta, Rivera, Sanders, 

23   Savino, Serrano, Stavisky and Stewart-Cousins.  

24   Also Senator Bailey.

25                Ayes, 41.  Nays, 19.


                                                               843

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Yes, would 

 5   you take up the balance of the bills on 

 6   Supplemental Calendar 15A in regular order, 

 7   please.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   543, by Senator Gallivan, Senate Print 1144A, an 

12   act to amend the Criminal Procedure Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT GRIFFO:   Announce 

21   the results.

22                THE SECRETARY:   In relation to 

23   Calendar 543, those recorded in the negative are 

24   Senators Alcantara, Bailey, Comrie, Dilan, 

25   Hamilton, Hoylman, Kavanagh, Krueger and Rivera.


                                                               844

 1                Ayes, 51.  Nays, 9.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   544, by Senator Gallivan, Senate Print 2521, an 

 6   act to amend the Penal Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the 30th day.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT GRIFFO:   Announce 

15   the results.

16                THE SECRETARY:   In relation to 

17   Calendar 544, those recorded in the negative are 

18   Senators Alcantara, Benjamin, Montgomery and 

19   Sanders.

20                Ayes, 56.  Nays, 4.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   545, by Senator Tedisco, Senate Print 2881, an 

25   act to amend the Penal Law.


                                                               845

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 4.  This 

 4   act shall take effect on the first of September.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Announce 

 9   the results.

10                THE SECRETARY:   In relation to 

11   Calendar 545, those recorded in the negative are 

12   Senators Alcantara, Hoylman, Kavanagh, Krueger 

13   and Montgomery.

14                Ayes, 55.  Nays, 5.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   546, by Senator Felder, Senate Print 6798A, an 

19   act to amend the Administrative Code of the City 

20   of New York.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               846

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Krueger to explain her vote.

 5                SENATOR KRUEGER:   Thank you, 

 6   Mr. President.

 7                We've seen this bill before.  And I 

 8   respect Senator Felder's belief that police 

 9   should be in every school in the City of New 

10   York.  I know that the NYPD has an enormously 

11   fine reputation for knowing where it ought to be 

12   and where to best use its resources.  So to be 

13   honest, if the City of New York and the police 

14   commissioner of the City of New York think there 

15   needs to be a police officer assigned to any 

16   given school or all 1800 to 2,000 schools, 

17   apparently they already have the authority to do 

18   it.

19                But by our mandating it on them 

20   without their having the opportunity to make the 

21   decision, we are translating into a decision to 

22   have 1800 police officers not be where they are 

23   now.  And that is a true concern for me and for 

24   the constituents of my district and for the 

25   parents of children in my schools.  


                                                               847

 1                So I don't think that we should be 

 2   micromanaging NYPD or how they distribute their 

 3   resources, because frankly things are going quite 

 4   well in the City of New York when it comes to 

 5   crime and protection of our citizens, and I don't 

 6   think the State Legislature is in the business of 

 7   knowing how to second-guess that.

 8                I vote no, Mr. President.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Krueger to be recorded in the negative.

11                I've asked the members who are 

12   voting in the negative to please raise your hands 

13   again.  

14                And Senator Rivera will explain his 

15   vote.

16                SENATOR RIVERA:   Thank you, 

17   Mr. President.

18                I will be voting in the negative on 

19   this piece of legislation for four reasons.

20                First of all, when you're talking 

21   about trying to stop shootings in schools, this 

22   bill ignores the real threat.  The bills that 

23   were talked about by some of my colleagues -- 

24   whether it was background checks, whether it's 

25   getting rid of bump stocks, whether it's 


                                                               848

 1   protective orders, et cetera, all the things that 

 2   were discussed before, the commonsense pieces of 

 3   legislation that we tried to do last week and the 

 4   ones that we tried to do this week -- those are 

 5   actually dealing with the issue.  This does not 

 6   solve the problem.

 7                That's number one.  It ignores the 

 8   real problem.

 9                Number two, as my colleague Senator 

10   Krueger said, it ignores the fact that there is 

11   discretion by the police department right now to 

12   be able to assign people where they feel -- or 

13   assign some of their officers where they feel 

14   there is danger to be had.  I know that some of 

15   the principals in my district talked to some of 

16   the commanding officers in my district, and they 

17   keep track of where are potential dangers, and 

18   they are assigned, officers are assigned, when 

19   they're necessary.  So there's discretion from 

20   the police department.

21                Number three, when you hear what has 

22   happened since the Parkland shootings of last 

23   week -- and as a matter of fact, most school 

24   shootings in the last couple of years have 

25   happened immediately after some of my colleagues 


                                                               849

 1   across the aisle start talking about things that 

 2   we need to do in schools -- include more people 

 3   with guns, give teachers the ability to have 

 4   weapons, get more metal detectors, et cetera.  

 5                I think that what you're describing 

 6   is a prison.  That is not what we should be 

 7   moving towards.  We should not be making schools 

 8   more and more like jails.  We should be moving 

 9   away from that.

10                And number four, because obviously 

11   this is something that my colleagues care about 

12   across the aisle, the cost of it.  According to 

13   some calculations, it would cost in the area of 

14   $1.2 billion.  And if we talk about these schools 

15   in our city or across the state, certainly 

16   $1.2 billion, there's a lot better things that we 

17   can do with all of that money.

18                So for all of those reasons -- this 

19   is bad policy, it ignores the real threat -- I 

20   will be voting in the negative.  

21                Thank you, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Rivera to be recorded in the negative.

24                Is there any other Senator who 

25   wishes to explain their vote?


                                                               850

 1                Senator DeFrancisco to explain his 

 2   vote.

 3                SENATOR DeFRANCISCO:   Yes.  I know 

 4   there's a big cost to everything.  We could 

 5   probably use these guards out in the front of 

 6   this building, when we go through the metal 

 7   detectors -- we could probably use them someplace 

 8   better than being there protecting people coming 

 9   into this building.

10                We probably could use police 

11   officers that are stationed in other secure areas 

12   for better things, like to run after potential 

13   criminals.  We can use probably our state 

14   troopers better than running down to the City of 

15   New York when you don't even want them.  And -- 

16   but the Governor believes that's a good idea.

17                Whatever your goal may be, it just 

18   seems to me that if there's anybody that ought to 

19   be protected, it should be children, rather than 

20   leaving them totally defenseless.  

21                So this is an excellent bill and I 

22   support it wholly.  Thank you.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   DeFrancisco to be recorded in the affirmative.

25                Announce the results.


                                                               851

 1                THE SECRETARY:   In relation to 

 2   Calendar 546, those recorded in the negative are 

 3   Senators Alcantara, Bailey, Benjamin, Breslin, 

 4   Gianaris, Hoylman, Kavanagh, Krueger, Montgomery, 

 5   Peralta, Persaud, Rivera and Sanders.  Also 

 6   Senator Dilan.

 7                Ayes, 46.  Nays, 14.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   547, by Senator Croci, Senate Print 7790, an act 

12   to amend the Education Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 4.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   548, by Senator Gallivan, Senate Print 7791, an 

25   act to amend the Retirement and Social Security 


                                                               852

 1   Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 60.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   549, by Senator Croci, Senate Print 7805, an act 

14   to amend the Education Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 4.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               853

 1   551, by Senator Gallivan, Senate Print 7811A, an 

 2   act to amend the Education Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 4.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Announce 

11   the results.

12                THE SECRETARY:   In relation to 

13   Calendar 551, those recorded in the negative are 

14   Senators Alcantara, Avella, Benjamin, Comrie, 

15   Gianaris, Hamilton, Hoylman, Kavanagh, Klein, 

16   Krueger, Montgomery, Peralta, Persaud, Rivera, 

17   Sanders, Savino, Serrano and Stewart-Cousins.  

18   Also Senator Bailey.

19                Ayes, 41.  Nays, 19.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   552, by Senator Murphy, Senate Print 7813A, an 

24   act to amend the Penal Law.

25                SENATOR GIANARIS:   Lay it aside.


                                                               854

 1                ACTING PRESIDENT GRIFFO:   Lay the 

 2   bill aside.

 3                THE SECRETARY:   Calendar Number 

 4   553, by Senator Croci, Senate Print 7832, an act 

 5   to amend the Education Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 4.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   554, by Senator Ritchie, Senate Print 7838, an 

18   act to amend the Education Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               855

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   555, by Senator Felder, Senate Print 7845, an act 

 6   to amend the Education Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 58.  Nays, 2.  

15   Senators Alcantara and Senator Hoylman recorded 

16   in the negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   556, by Senator Phillips, Senate Print 7846, an 

21   act to amend the Education Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               856

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   557, by Senator Tedisco, Senate Print 7847, an 

 9   act to amend the Vehicle and Traffic Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect on the 180th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Hoylman to explain his vote.

19                SENATOR HOYLMAN:   Thank you, 

20   Mr. President.

21                I think, almost of all the bills 

22   that our colleagues across the aisle have 

23   introduced today, this one stands out as the most 

24   meaningless.  It is to create a distinctive 

25   license plate that would cost more money than it 


                                                               857

 1   brings in, that would label New Yorkers as 

 2   "Guardians for Schools."  

 3                It is so harebrained to think that 

 4   we are actually attempting to address the serious 

 5   issue of gun violence with a new distinctive 

 6   license plate that I am compelled to vote no.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Hoylman to be recorded in the negative.  

10                Senator Tedisco to explain his vote.

11                SENATOR TEDISCO:   Yeah.  Let me 

12   say, first and foremost, to my Senator over there 

13   and my colleagues, if you have a dictionary in 

14   your desk there, go to it, take out the word 

15   "hypocrite" in it, and you may see your picture.

16                SENATOR GIANARIS:   Mr. President.

17                SENATOR TEDISCO:   And the reason 

18   for that --

19                SENATOR GIANARIS:   Mr. President.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Gianaris, why do you rise?

22                SENATOR GIANARIS:   We do our best 

23   to avoid personal attacks on this floor, and I 

24   feel that Senator Tedisco went way too far.

25                ACTING PRESIDENT GRIFFO:   There was 


                                                               858

 1   no personal invective.  In that case there is a 

 2   definition of terms, just as Mr. Hoylman used 

 3   "harebrained."  So I will allow both.  And I'd 

 4   admonish both members to refrain from that 

 5   activity.

 6                SENATOR GIANARIS:   Mr. President, 

 7   Mr. Hoylman was not referring to a specific 

 8   Senator when he made that claim.  So I would ask 

 9   Mr. Tedisco to walk back his comments, please.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Tedisco, please avoid personal invective.  

12   Continue.  

13                SENATOR TEDISCO:   Mr. President, I 

14   guess Mr. Gianaris thinks that when we should 

15   protect ourselves with a whole variety of 

16   security assets, it's good for us but it's not 

17   good for the people that you and all of us in 

18   this room took an oath of office to not only 

19   remove the obstacles before them, not only to 

20   create a better quality of life, but provide 

21   security for them.  

22                You know, my brother worked a lot on 

23   something he really loved to do.  He loved to be 

24   a magician.  And every time I'd watch what he was 

25   doing, he would misdirect and there was a curtain 


                                                               859

 1   there and all the magic took place behind the 

 2   curtain.  

 3                You guys are the best at 

 4   misdirection I've ever seen.  Look at these shiny 

 5   little things over here, but don't look behind 

 6   the curtain at what's really taking place and how 

 7   it illustrates the hypocrites that you really 

 8   are. 

 9                Let's look at what's behind the 

10   curtain.  First of all, you have schools that are 

11   being savaged, and the kids in them.  The most 

12   porous settings, the highly simplistic areas 

13   where people can come in the front doors, the 

14   side doors, the back doors.  

15                But let's look what else is behind 

16   the curtain.  When you walk into this building, 

17   you are very concerned about your security -- and 

18   you should be -- the security of your staff -- 

19   and you should be -- the security of the people 

20   that come into this building where you work and 

21   your captive audience is.  You know what you run 

22   into first?  Hundreds and thousands of dollars of 

23   metal detectors.  That's what this bill is all 

24   about.  

25                But after you get in the building 


                                                               860

 1   through those metal detectors -- so if you have a 

 2   weapon or a bomb or a knife or a gun it's 

 3   indicated.  This bill provides for the 

 4   opportunity for the 19.5 million people in 

 5   New York State -- it's called "Guardians for Our 

 6   Schools" -- to say, hey, I want to invest in our 

 7   kids in making sure they have the same setting 

 8   that you have here.  You have metal detectors.  

 9   Why shouldn't we raise money for them to have 

10   metal detectors so weapons can't get in the 

11   school?  

12                But wait a second.  Once they go 

13   through those metal detectors -- and this is why 

14   you really need that dictionary -- what do you 

15   walk into after you go past those metal 

16   detectors?  You walk into armed law enforcement 

17   officials with uniforms on who you relish, 

18   sitting here, knowing they're not only trained 

19   law enforcement officials, they're weaponized in 

20   this building -- in the halls, in the hallways 

21   and the byways of the legislative offices in the 

22   Capitol.  You want armed law enforcement 

23   officials in this Capitol and in the LOB to 

24   protect your butts and our staff members who work 

25   hard for us and the people of New York State and 


                                                               861

 1   the taxpayers who come to -- you're putting your 

 2   heads down now.  You understand what I'm saying.  

 3                Hypocrites.  Shameless.  Hypocrites.  

 4   Shameless.  You want armed law enforcement 

 5   officials in the LOB and the Capitol to protect 

 6   you, but don't put them in the schools.  Keep 

 7   those behind the curtains.  I notice you never 

 8   got up last week, and you didn't get up today, 

 9   and say they shouldn't be in schools to protect 

10   our kids.  Bad ideas, weapons in schools to 

11   protect them -- good ideas for you.  Good ideas 

12   for you, right?  Nobody got up on your side.  

13                But I'd like for you to look into 

14   the camera and tell the people you represent it's 

15   bad for us to have these armed law enforcement 

16   officials who are professionals.  

17                Now, last week your leader made it a 

18   point to say it doesn't work, armed law 

19   enforcement officials, just doesn't work.  Look 

20   what happened in Florida.  You denigrated the 

21   people that put their lives on the line every day 

22   for you -- and died doing it because a couple of 

23   them didn't do the right thing.  I suggest to you 

24   that 98 to 99 percent will put their lives on the 

25   line when those messages go off here when there 


                                                               862

 1   is an active shooter, an emergency.  They're 

 2   dying for you.  And because one group doesn't do 

 3   it right, that doesn't mean they don't stand up 

 4   for us and protect our security.  

 5                And apparently you do like armed law 

 6   enforcement officials, because you haven't said a 

 7   word about getting them out of the Capitol or the 

 8   LOB when they're protecting you.  But wait.  It's 

 9   not good enough to give them to the kids, but 

10   it's good enough to have them here for you.  Is 

11   that --

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Tedisco.

14                SENATOR TEDISCO:   -- what you're 

15   trying to say?  

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Tedisco.  Five minutes is allotted to the 

18   sponsor.  You've approached that five minutes.  

19                I want to remind the other members 

20   who will be explaining votes, two minutes.

21                Senator Tedisco, if you can please 

22   conclude.  

23                SENATOR TEDISCO:   I'd like to 

24   extend the time.  

25                ACTING PRESIDENT GRIFFO:   Cannot 


                                                               863

 1   give extended time.

 2                Senator Tedisco, how would you vote?  

 3                SENATOR TEDISCO:   I want to wrap it 

 4   up very quickly.

 5                ACTING PRESIDENT GRIFFO:   Okay.

 6                SENATOR TEDISCO:   But aside from 

 7   that, cameras in every hallway, cameras in every 

 8   room.  And most importantly, you get paid by 

 9   taxpayers, your healthcare -- so does our staff, 

10   and that's good.  You know what that healthcare 

11   also provides?  Mental health.  When we see that 

12   they have thoughts about hurting themselves or 

13   others, we provide required counseling for them.  

14                Why shouldn't we do that with this 

15   bill that provides --

16                ACTING PRESIDENT GRIFFO:   Senator 

17   DeFrancisco, why do you rise?

18                SENATOR DeFRANCISCO:   We have to 

19   enforce the rules on this particular --

20                ACTING PRESIDENT GRIFFO:   He's got 

21   10 seconds left.  So that's why I just gave him a 

22   warning.

23                SENATOR TEDISCO:   My 10 seconds is 

24   this.  The high-wealth districts, they're already 

25   calling my sheriffs and saying, don't worry about 


                                                               864

 1   funding from the state, we'll pay for it ourself 

 2   to have it done.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Tedisco, how do you vote?

 5                SENATOR TEDISCO:   The high-need 

 6   districts need this bill to get the funding to 

 7   get the security that you get but don't want to 

 8   give to others.  Hypocrite.  Shameful.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Tedisco, how do you vote?  

11                SENATOR TEDISCO:   I vote yes.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Tedisco to be recorded in the affirmative.

14                Senator Gianaris to explain his 

15   vote.

16                SENATOR GIANARIS:   Thank you, 

17   Mr. President.  

18                That's quite an outburst from a 

19   colleague that doesn't really seem to be informed 

20   of what he speaks.  

21                First of all, I'm voting for this 

22   bill, so whatever.

23                But it should be noted that Senator 

24   Tedisco's answer to the massacres that have been 

25   occurring throughout our country is a license 


                                                               865

 1   plate, a commemorative license plate.  

 2                So he can scream and yell all he 

 3   wants on this floor about hypocrisy, but when I 

 4   see -- the entire point we've trying to make for 

 5   the last couple of weeks is that we are dealing 

 6   with children being massacred in their school 

 7   seats.  And the answer is a bill to authorize a 

 8   distinctive license plate.  Can we be any more 

 9   embarrassed by the proposals coming out on this 

10   floor of the Senate?  

11                And you want to talk about the LOB 

12   and the Capitol?  There's no law that requires 

13   there to be armed guards there.  They are there 

14   because law enforcement deems that to be a 

15   necessity.  Law enforcement today can deem that a 

16   necessity in any school in this state and have a 

17   presence there.

18                You are trying to mandate it all 

19   over the state.  And like I said earlier, when 

20   you've passed the schools, where are we going 

21   next?  Where are we going next?  Everywhere?  

22   Supermarkets?  Movie theaters?  Malls?  Where 

23   does it end?

24                The response today by the majority 

25   to the gun violence in this country is a thorough 


                                                               866

 1   and utter embarrassment.  There are things in 

 2   there that are unobjectionable because they're 

 3   not that effective.  So yeah, sure, I'll vote for 

 4   a distinctive license plate.  Sure, why not.  

 5   While people are walking around in schools with 

 6   military rifles, let's do a distinctive license 

 7   plate.  I hope it makes you happy at the end of 

 8   the day, because you're doing nothing to 

 9   protect our children with this nonsense.

10                I vote yes, Mr. President.

11                (Laughter; sustained reaction.) 

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Gianaris to be recorded in the affirmative.

14                Senator Montgomery to explain her 

15   vote.

16                SENATOR MONTGOMERY:   Yes, just 

17   briefly.  I think Senator Gianaris said 

18   everything.  

19                I didn't for a minute understand 

20   what we were debating, what Senator Tedisco was 

21   debating.  But I find out that it's just that 

22   we're voting for a license plate bill.  

23                So he called us hypocrites and all 

24   these other names, but yes, I'm voting yes for 

25   the license plate bill as well.  So I vote yes.


                                                               867

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Montgomery to be recorded in the affirmative.

 3                Senator Krueger to explain her vote.

 4                SENATOR KRUEGER:   So I was going to 

 5   vote yes for the stupid license plate bill --

 6                (Laughter.)

 7                SENATOR KRUEGER:   -- but I was 

 8   actually so offended at the sponsor's attacks and 

 9   his total lack of understanding that we need to 

10   get guns out of the hands of people who shouldn't 

11   have them -- and that's supposed to be the 

12   discussion on the floor, not, as my colleague 

13   said, making us an armed camp everywhere or 

14   dictating and micromanaging what law enforcement 

15   should be doing to protect us.  

16                But to argue and insult each other 

17   over a license plate bill, really, I can't let it 

18   go.  I vote no.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Krueger in the negative.

21                Senator Comrie to explain his vote.

22                SENATOR COMRIE:   Thank you, 

23   Mr. President.  

24                I'm voting aye on the stupid license 

25   plate bill.  


                                                               868

 1                (Laughter.)

 2                SENATOR COMRIE:   I voted aye for 

 3   Senator Felder's bill.  

 4                I had to vote no on Senator 

 5   Gallivan's bills because I just -- at a certain 

 6   point, you have to draw a line.  You have to give 

 7   law enforcement the authority to make the 

 8   decision.  You have to give law enforcement the 

 9   ability to make the decisions as to who, how and 

10   where we protect each other; who, how and where 

11   we give the people a chance to be able to defend 

12   themselves.

13                This is all a con.  This is all a 

14   distraction.  This is all an unfortunate -- it's 

15   all unfortunate.  We should be talking about bump 

16   stocks.  We should be talking about eliminating 

17   assault rifles.  There is no need for an assault 

18   rifle in this country for anyone that's not a 

19   military person.  There's no need for a bump 

20   stock in this country for anyone that's not a 

21   military person.  There's no need to have this 

22   discussion on any of these bills, because it's 

23   not reducing gun violence in our country.

24                They can do it in Norway, they can 

25   do it in Scotland, they can do it in other 


                                                               869

 1   industrialized countries in the world, 

 2   eliminating gun violence by taking guns off the 

 3   street, by making sure that the only people that 

 4   use guns are people that are well-trained.  

 5                But we're here talking about license 

 6   plates.  We're here talking about whether or not 

 7   to put people in schools.  We're here parsing 

 8   things that don't need to be parsed.  There are 

 9   real discussions that need to be had to protect 

10   our citizens, to make opportunities in this 

11   country so that we can reduce gun violence, and 

12   they're not happening here.

13                This is a state that's supposed to 

14   lead the discussion, not get stuck on license 

15   plates.  

16                Thank you, Mr. President.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Comrie, how do you vote?  

19                SENATOR COMRIE:   Yes.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Comrie in the affirmative.

22                Senator Bailey to explain his vote.  

23                SENATOR BAILEY:   Thank you, 

24   Mr. President.  I will be very brief.  

25                And I just hope that as I look at 


                                                               870

 1   it, and I heard your comments -- and I vote aye, 

 2   for the record.  Senator Tedisco, you talk about 

 3   the cash-strapped schools.  And I hope that you 

 4   and the members of your conference, when it's 

 5   budget time, will remember the cash-strapped 

 6   schools and the kids that don't have anything, 

 7   will remember those schools in high-need 

 8   districts that don't have books and they don't 

 9   have the proper -- they don't have the necessary 

10   tools for them to succeed.  

11                I hope you remember that when it's 

12   time to make sure that we increase education 

13   funding in this budget.  I hope we remember that, 

14   not just around the issue of having guns in 

15   schools to protect them.  Because you made valid 

16   points.  But the issue -- I just want to make 

17   sure that we remember that the money should be 

18   there for our students when it's time to pass 

19   this budget.  We need funds, Mr. President, not 

20   guns.  

21                Thank you.  I vote aye.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Bailey to be recorded in the affirmative.

24                Senator Stavisky to explain her 

25   vote.


                                                               871

 1                SENATOR STAVISKY:   Thank you, 

 2   Mr. President.

 3                And as I looked at the agenda today, 

 4   I saw this as a really wasted opportunity, lost 

 5   opportunity.  But I also see the irony.  Where 

 6   did the license plates come from?  They're made 

 7   by people who are incarcerated in our prison 

 8   system.  

 9                And I guess it's sort of hypocrisy 

10   in the sense that we're giving employment but at 

11   the same time we are missing an opportunity to do 

12   something positive instead of just making 

13   ourselves the laughingstock.  

14                I will vote for the bill without a 

15   an adjective in front of my description of the 

16   bill, but I vote aye.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Stavisky to be recorded in the affirmative.

19                Announce the results.

20                THE SECRETARY:   In relation to 

21   Calendar 557, those recorded in the negative are 

22   Senators Hoylman, Krueger and Rivera.  Also 

23   Senator Kavanagh.

24                Ayes, 56.  Nays, 4.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               872

 1   is passed.

 2                Senator LaValle, that completes the 

 3   noncontroversial reading of today's Senate 

 4   Supplemental Calendar 15A.

 5                SENATOR LaVALLE:   Mr. President, 

 6   can we go to the controversial reading, please.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Secretary will ring the bell, and the Secretary 

 9   will read.

10                THE SECRETARY:   Calendar Number 

11   552, by Senator Murphy, Senate Print 7813A, an 

12   act to amend the Penal Law.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Gianaris.

15                SENATOR GIANARIS:   Would the 

16   sponsor yield for a few questions, Mr. President. 

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Murphy, will you yield for some questions?  

19                SENATOR MURPHY:   Yes, 

20   Mr. President.

21                SENATOR GIANARIS:   Thank you.

22                As I read this bill, I'm trying to 

23   understand what the intent is.  And if the 

24   sponsor could please answer the question, is the 

25   goal to classify as an act of terrorism any 


                                                               873

 1   shooting that occurs in our state?  

 2                SENATOR MURPHY:   Mr. President, 

 3   through you.  I'm sorry, I couldn't hear you, 

 4   Senator Gianaris.

 5                ACTING PRESIDENT GRIFFO:   Can I 

 6   have some order in the house, please.  

 7                Senator Gianaris, will you please 

 8   repeat the question.

 9                SENATOR GIANARIS:   Yes, 

10   Mr. President.  

11                The question is, is the intent of 

12   this legislation to make any shooting that occurs 

13   in this state an act of terrorism?  

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Murphy.

16                SENATOR MURPHY:   No, Senator 

17   Gianaris.  This bill would include individuals 

18   who knowingly, unlawfully discharge a firearm 

19   within a thousand feet of a school, a place of 

20   worship or a mass gathering of 25 people or more, 

21   or within a business of one or more employees, 

22   within the definition of committing an act of 

23   terrorism.  

24                So basically what this is trying to 

25   do is add another category under the act of 


                                                               874

 1   terrorism, meaning schools, places of worship, 

 2   and places of business -- which we obviously have 

 3   seen in -- with the mass shootings going on.

 4                SENATOR GIANARIS:   Thank you.  

 5                Would the sponsor continue to yield?  

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Murphy, do you yield?  

 8                SENATOR MURPHY:   Through you, 

 9   Mr. President, yes, sir. 

10                ACTING PRESIDENT GRIFFO:   The 

11   Senator yields, Senator Gianaris.

12                SENATOR GIANARIS:   Thank you.  

13                The reason I asked the question is 

14   it seems like a very aggressive broadening of the 

15   term, because -- I guess I should ask a question 

16   of the sponsor.  

17                Is the sponsor aware that in parts 

18   of this state -- indeed, probably in parts of his 

19   own district -- the density of population is such 

20   that within a thousand feet of any of these 

21   locations effectively covers a wide, wide swath 

22   of geography that's not specific to the school or 

23   the locations you're trying to cover?  

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Murphy.


                                                               875

 1                SENATOR MURPHY:   Well, the reality 

 2   is is that if you unlawfully discharge the arm, 

 3   then you fall under the act of terrorism.  

 4                So yes, to your answer, we all live 

 5   in areas like that, especially in New York City, 

 6   things like that.  That's why it was specifically 

 7   defined that way.

 8                SENATOR GIANARIS:   Okay, thank you.  

 9                Would the sponsor continue to yield?  

10                ACTING PRESIDENT GRIFFO:   The 

11   sponsor yields.

12                SENATOR MURPHY:   Through you, 

13   Mr. President, yes, sir.

14                SENATOR GIANARIS:   I would like to 

15   ask the sponsor in a scenario where a police 

16   officer commits an unlawful shooting, under this 

17   bill would that police officer be a terrorist?  

18   If it occurs within a thousand feet of a school 

19   or one of those locations.

20                SENATOR MURPHY:   Through you, 

21   Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Murphy.

24                SENATOR MURPHY:   Unlawfully, yes.

25                SENATOR GIANARIS:   On the bill, 


                                                               876

 1   Mr. President.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Gianaris on the bill.

 4                SENATOR GIANARIS:   This bill takes 

 5   a term that has acquired great meaning in our 

 6   society, "terrorism," and has a very specific 

 7   meaning that's defined in law, as intent to 

 8   intimidate or coerce a population, influence the 

 9   policy of a unit of government by intimidation or 

10   coercion, or affecting the conduct of a unit of 

11   government by murder, assassination or 

12   kidnapping.  

13                We all have a sense of what 

14   terrorism means in that context.  We've all seen 

15   it on our TV screens, we've all -- and we can all 

16   agree that the type of mass shootings we've seen 

17   at schools should qualify as well.

18                My concern with this bill is it 

19   effectively takes any unlawful shooting of any 

20   kind and makes that crime a terrorist crime.  And 

21   by dumbing down, if you will, the definition of 

22   terrorism, we are actually -- we are actually 

23   making our treatment of actual terrorism less 

24   serious.

25                This is effectively saying any gun 


                                                               877

 1   crime is an act of terrorism.  And I don't think 

 2   that is the perception that anyone has of what 

 3   that means.

 4                And just to be clear, with that 

 5   designation comes a lot of effects.  It comes 

 6   with the opportunity to make it easier to invade 

 7   privacy and to tag someone unjustly as a 

 8   terrorist.

 9                If we get to the point where 

10   everyone that's committed a gun crime in our 

11   state is a terrorist, it will be very hard to 

12   take true terrorists as seriously as we need to 

13   take them because there would be a vast majority 

14   of people who have gone through our penal system 

15   who acquire that designation.  

16                And so again, while I certainly 

17   agree that the mass shootings that we see in our 

18   schools or the type of shootings we've seen 

19   throughout the country in places of large 

20   gatherings should indeed be classified as 

21   terrorism, this bill goes way, way, way too far.  

22   And I cannot support it when it also includes any 

23   place of business at all, a thousand feet of a 

24   place of worship or a thousand feet of anywhere 

25   where 25 people are gathered.  So I daresay there 


                                                               878

 1   won't be a single place in the state that doesn't 

 2   qualify.  

 3                And if we want to talk about 

 4   increasing penalties or doing things in that 

 5   respect to deal with these crimes, we can talk 

 6   about that.  But to classify them as terrorism 

 7   does a disservice to our efforts to combat 

 8   terrorism and is counterproductive, in my 

 9   opinion, so I'll be voting no.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Kavanagh.

12                SENATOR KAVANAGH:   Mr. President, 

13   would the sponsor yield for a few questions?  

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Murphy, do you yield?  

16                SENATOR MURPHY:   Yes, 

17   Mr. President.  

18                ACTING PRESIDENT GRIFFO:   The 

19   sponsor yields.

20                SENATOR KAVANAGH:   Thank you.

21                Mr. President, the current law 

22   defines terrorism as an act that is intended to 

23   intimidate or coerce a civilian population, 

24   influence the policy of a unit of government by 

25   intimidation or coercion, or affect the conduct 


                                                               879

 1   of a unit of government by murder, assassination, 

 2   or kidnapping.  

 3                I wonder, does the sponsor think 

 4   that's a reasonable definition of terrorism?  

 5                SENATOR MURPHY:   Yeah, 

 6   intimidation.  When someone's going to sit there 

 7   with a gun and unlawfully try and shoot if off 

 8   within a thousand feet of a school or a place of 

 9   business or worship, I would consider that 

10   intimidation.

11                SENATOR KAVANAGH:   Mr. President, I 

12   wonder is it the sponsor's intent to --

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Kavanagh, are you asking the sponsor to continue 

15   to yield?  

16                SENATOR KAVANAGH:   Sorry, forgive 

17   me, yes.

18                ACTING PRESIDENT GRIFFO:   Will the 

19   sponsor continue to yield?

20                SENATOR MURPHY:   Through you, 

21   Mr. President, yes.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Kavanagh.  

24                SENATOR KAVANAGH:   Thank you, 

25   Mr. President, for the reminder of the process 


                                                               880

 1   here.

 2                Is it the sponsor's intent to 

 3   eliminate the requirement that that be the intent 

 4   of the person accused of terrorism under this 

 5   law?

 6                SENATOR MURPHY:   No, Mr. President.  

 7   This was added to the -- at the definition of the 

 8   act of terrorism.  

 9                But what's not being discussed here 

10   is also another vital portion of the bill, which 

11   would codify under New York State law the 

12   operations of the New York State Intelligence 

13   Center, to establish that within the Division of 

14   State Police.

15                It would also provide that such 

16   center would be responsible for the collection, 

17   interrogation, receipt, processing, evaluation, 

18   analysis, fusing, dissemination, sharing and 

19   maintenance of intelligence information to aid in 

20   detecting, preventing, investigating and 

21   responding to acts of terrorism.

22                Exactly what we had in Parkland.  

23   This is to add to it.  So let's not forget that 

24   portion of it either.  So this does not -- I'm 

25   not trying to dummy down any bill here.


                                                               881

 1                SENATOR KAVANAGH:   Mr. President, 

 2   if the sponsor would continue to yield.

 3                SENATOR MURPHY:   Through you, 

 4   Mr. President, yes.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   sponsor yields.

 7                SENATOR KAVANAGH:   Thank you.  

 8                I wonder if the sponsor -- that the 

 9   terrorism center to which he refers exists 

10   currently in this bill, is the intent, the worthy 

11   intent of this bill to codify that?  Is that 

12   correct?  

13                SENATOR MURPHY:   Correct.  Through 

14   you, Mr. President.

15                SENATOR KAVANAGH:   Would the 

16   sponsor continue to yield.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Murphy, do you yield?  

19                SENATOR MURPHY:   Through you, 

20   Mr. President, yes.

21                ACTING PRESIDENT GRIFFO:   The 

22   sponsor yields.

23                SENATOR KAVANAGH:   Returning to the 

24   point we discussed earlier, the bill as written 

25   takes that definition that we agree is a worthy 


                                                               882

 1   definition of terrorism, with those particular 

 2   intents in mind, and says that those things 

 3   qualify as terrorism or the discharge of a weapon 

 4   where the intent is to cause harm to people or to 

 5   property, either public or private property, 

 6   within a thousand feet of a school or a house of 

 7   worship or any gathering of 25 people or in any 

 8   business with at least one employee.  

 9                Is it the sponsor's intent to 

10   separate the act that this person would be 

11   accused of from the intent that we agreed before 

12   is a worthy definition of terrorism?

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Murphy.

15                SENATOR MURPHY:   No.  No.  

16   Absolutely not, Mr. President.

17                SENATOR KAVANAGH:   Okay.  Well, 

18   again, Mr. President, I would -- if the sponsor 

19   would continue to yield.

20                ACTING PRESIDENT GRIFFO:   Do you 

21   yield?  

22                SENATOR MURPHY:   Through you, 

23   Mr. President, yes.

24                ACTING PRESIDENT GRIFFO:   The 

25   sponsor yields.


                                                               883

 1                SENATOR KAVANAGH:   If a teenager 

 2   lawfully in possession of a weapon, perhaps for 

 3   hunting, were to discharge that weapon with the 

 4   intent of shooting holes in a stop sign and that 

 5   act were to occur within a thousand feet of a 

 6   church or a school or a gathering of 25 people or 

 7   more, would that constitute terrorism under this 

 8   bill?  

 9                SENATOR MURPHY:   Through you, 

10   Mr. President, yes.

11                But the reality is is that this is a 

12   protective mechanism.  Let's not get off track 

13   here of what we're trying to accomplish here.  

14   We're trying to establish to make sure that we 

15   are protecting our schools, our places of 

16   worship, and the people in businesses.  That's 

17   what we're looking to do here.

18                SENATOR KAVANAGH:   Mr. President, 

19   if the sponsor would continue.  

20                Is there anything in the bill that 

21   requires that the person discharging the weapon 

22   be aware that they're within a thousand feet of a 

23   school or a house of worship or a gathering of 25 

24   people?  

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               884

 1   Murphy.

 2                SENATOR MURPHY:   Through you, 

 3   Mr. President, no.  Not knowingly know to -- if 

 4   I'm 999 feet from it -- I'm not getting tape 

 5   measures out.

 6                SENATOR KAVANAGH:   Mr. President, 

 7   if there were a group of --

 8                ACTING PRESIDENT GRIFFO:   Are you 

 9   asking Senator Murphy to continue to yield or --

10                SENATOR KAVANAGH:   I'm sorry, if 

11   the sponsor would yield just a little further.

12                SENATOR MURPHY:   Through you, 

13   Mr. President, yes.

14                ACTING PRESIDENT GRIFFO:   The 

15   sponsor yields.

16                SENATOR KAVANAGH:   If somebody 

17   discharging a weapon were within a thousand feet 

18   of a group of, say, 25 people who are out hunting 

19   and chose to discharge their weapon in a manner 

20   that was intended to damage any public or private 

21   property at all, would that discharge of weapon 

22   constitute terrorism under this bill?  

23                SENATOR MURPHY:   I believe, 

24   Mr. President, if it was within a thousand feet 

25   of a school, a place of worship, or a place of 


                                                               885

 1   business, yes, Mr. President.  Not out in the 

 2   wilderness.

 3                SENATOR KAVANAGH:   Mr. President, 

 4   if the sponsor would continue to yield, it does 

 5   not -- the bill -- sorry, would the sponsor 

 6   continue to yield?  

 7                SENATOR MURPHY:   Yes, 

 8   Mr. President.

 9                SENATOR KAVANAGH:   Does the sponsor 

10   not also intend to include the language "within 

11   one thousand feet of a mass gathering of 25 

12   people"?  Is that not part of the intent of the 

13   definition of terrorism in this bill?  Under Part 

14   D, in section 2, subdivision 1, Roman numeral 2, 

15   capital D.  On line 33 of page 2 of the bill.

16                SENATOR MURPHY:   If you don't mind, 

17   Senator Kavanagh, would you just repeat your 

18   question?  

19                SENATOR KAVANAGH:   Sure.  My 

20   question is does the sponsor intend to define a 

21   mass gathering for the purpose of this definition 

22   of terrorism, as any place where there are 25 

23   people?  And does he further intend to define it 

24   as terrorism if you're knowingly or unknowingly 

25   within a thousand feet of any gathering of 25 


                                                               886

 1   people?  Does it automatically constitute 

 2   terrorism if you're trying to damage any kind of 

 3   property or harm any person within a thousand 

 4   feet of any group of 25 people?

 5                SENATOR MURPHY:   Through you, 

 6   Mr. President, the idea of the bill was to 

 7   protect the people of the Las Vegas shooting, 

 8   things like that.  We're trying to use common 

 9   sense here.  We're not trying to, you know, be 

10   divisive and try and find out -- and split the 

11   bill in hairs.  

12                The reality is is that we all know 

13   what happened out in Las Vegas, we all know what 

14   happened in Parkland, we all know what happened 

15   in South Carolina.  The idea is to protect these 

16   people.

17                SENATOR KAVANAGH:   Mr. President, 

18   on the bill.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Kavanagh on the bill.

21                SENATOR KAVANAGH:   Mr. President, I 

22   appreciate the sponsor yielding for so many 

23   specific questions.  

24                When we make laws that define 

25   particular activities as very, very serious 


                                                               887

 1   crimes, it's important that we get the language 

 2   right.  As my colleague Mr. Gianaris noted, this 

 3   bill would vastly expand the definition of 

 4   terrorism to the point where it's virtually 

 5   meaningless.  

 6                I mean, it's very important in -- 

 7   you know, I represent the district that was the 

 8   site of the 9/11 attacks.  We spent a lot of 

 9   years over the course of -- throughout the state 

10   trying to define terrorism properly, trying to 

11   figure out ways to address it, including the very 

12   worthy terrorism center that this bill codifies.  

13                But a bill that defines discharging 

14   a weapon virtually anywhere, with the intent to 

15   damage any property at all, public or private -- 

16   not even with an intent to harm any person -- 

17   defining that as terrorism without divorcing it 

18   from any intent to do anything, strikes me as 

19   very problematic.  And I would suggest that this 

20   is not something that we should support in this 

21   house today.  

22                Thank you.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Krueger on the bill.

25                SENATOR KRUEGER:   Through you, 


                                                               888

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

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Krueger would like --

 4                SENATOR MURPHY:   Yes, 

 5   Mr. President.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   sponsor yields.

 8                SENATOR KRUEGER:   Thank you.  

 9                So you said that we shouldn't get 

10   caught up in splitting hairs.  But we're 

11   legislators, and so what we do is legislate based 

12   on the bills in front of us.

13                So because of where I live in 

14   New York City, I believe that any crime with a 

15   gun would meet your standard of terrorism.  Do 

16   you know how many crimes with guns take place in 

17   the State of New York each year?

18                SENATOR MURPHY:   Willfully?

19                SENATOR KRUEGER:   Yes.  Because I 

20   don't think it's a crime if it's not willful.

21                SENATOR MURPHY:   Through you, 

22   Mr. President, no, I do not.  I do not have that 

23   statistic.

24                SENATOR KRUEGER:   Okay, so I looked 

25   it up while we were -- while I was listening, and 


                                                               889

 1   according --

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Krueger, are you on the bill now or asking --

 4                SENATOR KRUEGER:   Excuse me.  On 

 5   the bill, Mr. President.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Krueger on the bill.

 8                SENATOR KRUEGER:   Thank you.

 9                So according to state statistics, in 

10   2016 we had, in the City of New York, 5400 

11   violent crimes with a firearm, and in the rest of 

12   the state, 4600 crimes.  So basically over 10,000 

13   crimes with a gun.

14                I can't speak for all of the state 

15   with the 1,000-foot rule or the one person in the 

16   business or the group of 25 people; I can speak 

17   for the City of New York.  That would pretty much 

18   be every crime with a gun.  

19                Again, I don't think the sponsor 

20   intends to define 10,000 crimes each year as 

21   terrorist acts, because I think he would agree 

22   that is not what he intended, even by listening 

23   to him debate the bill tonight.

24                So I would urge the sponsor to go 

25   back and revisit the language of his own bill, 


                                                               890

 1   perhaps amend the bill, because I think that he 

 2   does intend it to apply to the examples he was 

 3   describing of Florida, most recently, Las Vegas, 

 4   wherever the next mass shooting might be, because 

 5   we all know we're waiting for one.  But that this 

 6   bill, because of the way it's written, would 

 7   translate into any crime with a gun, and even 

 8   possibly some noncrimes with a gun, translating 

 9   into terrorist acts.  And again, I don't think 

10   that's what the sponsor intended his bill to do.

11                So I'm going to vote no on your 

12   bill, but I'm going to urge you to go back and 

13   think about whether you want to amend your own 

14   bill.

15                Thank you, Mr. President.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Young.

18                SENATOR YOUNG:   Thank you, 

19   Mr. President.  On the bill.  

20                I'd like to commend --

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Young on the bill.

23                SENATOR YOUNG:   I'd like to commend 

24   my colleagues for putting this bill forward, 

25   especially Senator Murphy for your leadership in 


                                                               891

 1   this issue.

 2                Let's face it.  What happened in 

 3   Parkland, Florida, was an epic failure on behalf 

 4   of law enforcement at every level.  At every 

 5   level.  This past January the FBI, on their tip 

 6   line, got a call from a frantic woman who told 

 7   the FBI that Nikolas Cruz was a danger, he was 

 8   about to explode, he had an arsenal of knives, of 

 9   guns, and he was about to explode.

10                You know what the FBI did?  Nothing.  

11   And that was the second time that Nikolas Cruz 

12   had been reported to them.

13                On top of it, the Broward County 

14   sheriff's department had not just 23 that they 

15   admitted to, 45 times concerned citizens called 

16   them about Nikolas Cruz and said he is a danger, 

17   he is going to hurt someone, he's been 

18   threatening to shoot up the school.  And you know 

19   what?  Nobody did anything.  Nobody did anything.  

20   So the federal government knew, the local 

21   government knew, and nobody did anything.

22                Senator Murphy, this is a great bill 

23   because what it does, it requires domestic 

24   terrorism to be defined through the threat of a 

25   mass shooting.  And that's really what needs to 


                                                               892

 1   happen.  We need to make sure that there is 

 2   communication, coordination among all the law 

 3   enforcement agencies.  

 4                I remember when this Intelligence 

 5   Center was set up in New York State.  It was 

 6   right after 9/11.  And that was a failure too.  

 7   If the people in this room recall, there was a 

 8   failure on every level between communication and 

 9   coordination of law enforcement.  That's why the 

10   New York State Intelligence Center was set up, to 

11   solve that.  

12                But now we have these acts of mass 

13   shootings, and this is domestic terrorism.  What 

14   this bill does is actually define it as such so 

15   that we can have that communication, that 

16   coordination, so law enforcement not only will be 

17   coordinating but they will take action so that we 

18   can stop the carnage that happened in Parkland, 

19   Florida.  

20                So I just want to thank my 

21   colleagues for putting this bill in.  I want to 

22   thank our side of the aisle for wanting to 

23   actually get to the root of the problem and 

24   tackle it.  And I would urge all of our 

25   colleagues to vote yes on this.  And frankly, I 


                                                               893

 1   find it shocking to hear that people are against 

 2   such a commonsense bill.

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT GRIFFO:   Seeing 

 5   and hearing no other Senator that wishes to be 

 6   heard, debate is closed.  

 7                The Secretary will ring the bell.

 8                Read the last section.

 9                THE SECRETARY:   Section 6.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT GRIFFO:   Order, 

15   please, in the house.

16                The Secretary is recording the vote, 

17   and Senator Murphy to explain his vote.

18                SENATOR MURPHY:   Yes, thank you, 

19   Mr. President.

20                You know, as a father of three 

21   kids -- one in high school, one in the middle 

22   school, and one in the grade school -- we should 

23   be doing everything possible to make sure our 

24   kids are protected.

25                I heard today that $1.2 billion was 


                                                               894

 1   too much to protect our kids.  I heard guns you 

 2   don't want in school, now you want to protect 

 3   people with guns.  We're trying to do our best to 

 4   protect our kids.  This bill is part of that 

 5   equation.  

 6                Part of this bill which was never 

 7   discussed today -- which possibly, possibly could 

 8   have prevented Parkland -- was that it would 

 9   also, for the first time, provide that schools 

10   and the State Department of Education be 

11   participating parties in the Intelligence Center.

12                I've met with over 40 different 

13   police unions.  The number-one issue is the lack 

14   of communication.  This bill would codify it in 

15   the State of New York, which we never even talked 

16   about.  Thank you, Senator Young, for bringing it 

17   up.  Very, very important part.  

18                Priceless, our kids in schools.  We 

19   need to take care of them.  That's our 

20   obligation.  

21                Thank you, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Murphy to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   In relation to 


                                                               895

 1   Calendar 552, those recorded in the negative are 

 2   Senators Addabbo, Bailey, Benjamin, Breslin, 

 3   Comrie, Gianaris, Hoylman, Kaminsky, Kavanagh, 

 4   Krueger, Montgomery, Ortt, Persaud, Rivera, 

 5   Serrano, Stavisky and Stewart-Cousins.

 6                Absent from voting:  Senators 

 7   Hamilton and Sanders.

 8                Ayes, 41.  Nays, 17.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                Senator DeFrancisco, that concludes 

12   the noncontroversial reading of today's Senate 

13   Supplemental Calendar 15A.

14                SENATOR DeFRANCISCO:   Excuse me, 

15   Senator Stewart-Cousins has a handup.  Do you 

16   have that?

17                ACTING PRESIDENT GRIFFO:   The 

18   handup is received and filed.

19                SENATOR DeFRANCISCO:    Do you have 

20   any further business at the desk?

21                ACTING PRESIDENT GRIFFO:   There is 

22   no further business at the desk.

23                SENATOR DeFRANCISCO:   That being 

24   the case, I move to adjourn until Tuesday, 

25   March 6th, at 3:00 p.m.


                                                               896

 1                ACTING PRESIDENT GRIFFO:   On 

 2   motion, the Senate will stand adjourned until 

 3   Tuesday, March 6th, at 3:00 p.m. 

 4                The Senate is adjourned.

 5                (Whereupon, at 6:10 p.m., the Senate 

 6   adjourned.)

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