Regular Session - March 26, 2018

                                                                   1535

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 26, 2018

11                      3:33 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR FRED AKSHAR, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1536

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

 2                ACTING PRESIDENT AKSHAR:   The 

 3   Senate will come to order.  

 4                I ask everyone present, please rise 

 5   and repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT AKSHAR:   Rabbi 

 9   Shmuel Butman is with us today to give the 

10   invocation.  He is rabbi of the Lubavitch Youth 

11   Organization in Brooklyn, New York.  

12                Rabbi.

13                RABBI BUTMAN:   {In Hebrew}  Our 

14   heavenly Father, please bestow Your blessings on 

15   all the members of the New York State Senate who 

16   are gathered here today.  Give them the health 

17   and give them the understanding to do exactly 

18   what you want in leading the State of New York in 

19   all paths of peace and justice, democracy and 

20   order.

21                We want to thank you all for passing 

22   the resolution for 116 Days of Education in honor 

23   of the 116th birthday of the Rebbe, Rabbi 

24   Menachem M. Schneerson.  

25                When the Rebbe speaks about 


                                                               1537

 1   education, he means education of every child -- 

 2   the Jewish child, the American child, the African 

 3   child, the Indian child, the Arab child, all the 

 4   children of the world.  The Rebbe said many times 

 5   he wants the children to know that there is an 

 6   eye that sees and an ear that hears and that the 

 7   world is not a jungle.  

 8                And he wants to make the world a 

 9   better place, as indeed he did.  The Lubavitcher 

10   Rebbe's Chabad today runs 5,000 institutions in 

11   102 countries all over the world.  

12                In the year 1991 I was invited to go 

13   to Washington to open the United States Senate in 

14   Washington.  Before I went, I went to see the 

15   Rebbe.  And the Rebbe said to me:  "While you're 

16   opening the Senate, please take a pushkeh."  A 

17   pushkeh is a tzedakah box that I'm holding in my 

18   hand.  "And while you're opening the Senate, you 

19   should give a dollar into the pushkeh and let 

20   everybody know what money should be used for."  

21                So now I'm going to do exactly what 

22   the Rebbe asked me, and I'm going to put in a 

23   dollar -- on the dollar it says "In God We 

24   Trust" -- in the pushkeh, in the tzedakah box.  

25   This is an act of goodness and kindness.  


                                                               1538

 1                I would like to invite all of you to 

 2   join me in giving a dollar for tzedakah.  And I 

 3   don't want you to get scared.  This is not a 

 4   fundraising campaign.  Because if it would be, I 

 5   would ask you for much more than one dollar.  

 6   This is a campaign for doing goodness and 

 7   kindness.  

 8                I want you to know that home in our 

 9   shuls, in our synagogues, every Sabbath morning 

10   we say a special prayer for all of you.  We say 

11   {in Hebrew}, which means all those who serve the 

12   public faithfully, as you do, we ask for Almighty 

13   God to bestow His blessing on you and on your 

14   families for all wonderful things, of health and 

15   happiness in your communal life as well as in 

16   your public lives.

17                May you pass the budget successfully 

18   this week.

19                ACTING PRESIDENT AKSHAR:   Thank 

20   you, Rabbi.  Thank you.  

21                The reading of the Journal.

22                THE SECRETARY:   In Senate, Sunday, 

23   March 25th, the Senate met pursuant to 

24   adjournment.  The Journal of Saturday, 

25   March 24th, was read and approved.  On motion, 


                                                               1539

 1   Senate adjourned.

 2                ACTING PRESIDENT AKSHAR:   Without 

 3   objection, the Journal stands approved as read.

 4                Presentation of petitions.

 5                Messages from the Assembly.

 6                Messages from the Governor.

 7                Reports of standing committees.

 8                Reports of select committees.

 9                Communications and reports from 

10   state officers.

11                Motions and resolutions.

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:    

14   Mr. President, could you please recognize Senator 

15   Flanagan.

16                ACTING PRESIDENT AKSHAR:   Can I 

17   have some order in the house, please.

18                Senator Flanagan.

19                SENATOR FLANAGAN:   Mr. President, 

20   I'd appreciate it if everyone could be quiet.  

21   And thank you for that point.

22                On a day like today, there's a lot 

23   of swirl and a lot of activity, a tremendous 

24   amount of stuff going on -- some good, some bad, 

25   some crazy, but it's all part of the budget 


                                                               1540

 1   process that we find ourselves in here in the 

 2   last week of March.  

 3                I'll be succinct and sincere.  When 

 4   I think about working in government, I think 

 5   about a lot of different people -- people who 

 6   work here, people who work on the outside, people 

 7   who work on the outside to influence the process 

 8   here, all in a good way.  Generally people like 

 9   that are referred to as lobbyists.  And people 

10   always think about the highly paid lobbyists; I 

11   think about the PTA mom, the high school student 

12   advocating for higher ed and things like that.  

13                But today, this morning, we lost a 

14   very valuable public servant, Cindy Shenker.  

15   Cindy Shenker -- I can see by people's reactions 

16   some didn't know, some have known.  Cindy, in my 

17   opinion, epitomized what it meant to be a really 

18   valued public servant.  She was a lobbyist for 

19   many years, and quite successful.  Part of the 

20   reason she was quite successful was because of 

21   who she was.  

22                So I'm asking for a moment of 

23   silence, but I just -- with this image in mind.  

24   A fabulous smile.  A joi de vivre that could be 

25   unparalleled in many ways.  And she cut her teeth 


                                                               1541

 1   working in the Legislature, as many of us know.  

 2   She was floor counsel in the New York State 

 3   Assembly and was really terrific at what she did.  

 4   And unfortunately, God decided that it was her 

 5   time.  

 6                So to her loving family -- because 

 7   if I remember one thing about her in particular, 

 8   in conjunction with that smile, it was how much 

 9   she loved the people that were close to her, 

10   especially her husband and her children.  

11                So, Mr. President, I know this is a 

12   little unusual, we don't normally do things like 

13   that.  But Cindy was unusual in a very positive 

14   way.  Respectfully, I would ask for a moment of 

15   silence on her behalf and for the well-being of 

16   her family.

17                ACTING PRESIDENT AKSHAR:   Majority 

18   Leader Flanagan, on behalf of our friend and 

19   colleague, this great house will pause for a 

20   moment of silence on behalf of Cindy Shenker.

21                (Whereupon, the assemblage rose and 

22   respected a moment of silence.)

23                SENATOR FLANAGAN:   Thank you.

24                ACTING PRESIDENT AKSHAR:   Thank 

25   you, Leader.


                                                               1542

 1                Senator DeFrancisco.

 2                SENATOR DeFRANCISCO:    

 3   Mr. President, I'd like to call up Senate Print 

 4   Number 2167, by Senator Serino, it's recalled 

 5   from the Assembly, and it's now at the desk.

 6                ACTING PRESIDENT AKSHAR:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   131, by Senator Serino, Senate Print 2167, an act 

10   to amend the Family Court Act.

11                ACTING PRESIDENT AKSHAR:   Call the 

12   roll on reconsideration.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 51.

15                ACTING PRESIDENT AKSHAR:   Senator 

16   DeFrancisco.

17                SENATOR DeFRANCISCO:   I now move to 

18   reconsider the vote by which this bill was 

19   passed.  Is that what we just did?  

20                ACTING PRESIDENT AKSHAR:   We just 

21   did, sir. 

22                SENATOR DeFRANCISCO:   Well, I just 

23   wanted to show that I was reading properly.

24                Is the bill now restored to its 

25   place on the Third Reading Calendar?


                                                               1543

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is restored to its place on the Third Reading 

 3   Calendar.

 4                SENATOR DeFRANCISCO:   In that case, 

 5   I now move the following amendments.

 6                ACTING PRESIDENT AKSHAR:   The 

 7   amendments are received.

 8                SENATOR DeFRANCISCO:    

 9   Mr. President, could you now recognize Senator 

10   Valesky.

11                ACTING PRESIDENT AKSHAR:   Senator 

12   Valesky.

13                SENATOR VALESKY:   Thank you, 

14   Mr. President.

15                On behalf of Senator Avella, on 

16   page 16 I offer the following amendments to 

17   Calendar 264, Senate Bill 1487, and ask that said 

18   bill retain its place on the Third Reading 

19   Calendar.

20                ACTING PRESIDENT AKSHAR:   The 

21   amendments are received, and the bill will retain 

22   its place on the Third Reading Calendar.

23                SENATOR VALESKY:   On behalf of 

24   Senator Peralta, on page 5 I offer the following 

25   amendments to Calendar 60, Senate Bill 7332, and 


                                                               1544

 1   ask that that bill retain its place on the Third 

 2   Reading Calendar.

 3                ACTING PRESIDENT AKSHAR:   Those 

 4   amendments are received, and the bill shall 

 5   retain its place on the Third Reading Calendar.

 6                SENATOR VALESKY:   And on behalf of 

 7   Senator Avella, I wish to call up his bill, 1301, 

 8   recalled from the Assembly, which is now at the 

 9   desk.

10                ACTING PRESIDENT AKSHAR:   The 

11   Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   127, by Senator Avella, Senate Print 1301, an act 

14   to amend the Family Court Act.

15                SENATOR VALESKY:   Mr. President, I 

16   now move to reconsider the vote by which this 

17   bill was passed.

18                ACTING PRESIDENT AKSHAR:   Call the 

19   roll on reconsideration.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 51.

22                SENATOR VALESKY:   I now offer the 

23   following amendments.

24                ACTING PRESIDENT AKSHAR:   The 

25   amendments are received.


                                                               1545

 1                Senator DeFrancisco.

 2                SENATOR DeFRANCISCO:   Yes, 

 3   Mr. President, can we now take up previously 

 4   adopted Resolution 4156, by Senator Hamilton, 

 5   read it in its entirety, and call on Senator 

 6   Golden to speak.

 7                ACTING PRESIDENT AKSHAR:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Legislative 

10   Resolution Number 4156, by Senator Hamilton, 

11   commemorating the anniversary celebration of the 

12   birthday of the revered Lubavitcher Rebbe, 

13   Rabbi Menachem M. Schneerson.  

14                "WHEREAS, The true architects of 

15   society and community are those individuals whose 

16   faith and unremitting commitment serve to sustain  

17   the spiritual and cultural values of life; the 

18   Lubavitcher Rebbe, Rabbi Menachem M. Schneerson, 

19   was surely such an individual; and 

20                "WHEREAS, World Jewry is now 

21   celebrating the 116th birthday of the renowned 

22   and revered leader, the Lubavitcher Rebbe, Rabbi 

23   Menachem M. Schneerson; and 

24                "WHEREAS, Serving over 44 years of 

25   dedicated leadership, Rabbi Schneerson 


                                                               1546

 1   established over 1,500 Lubavitch Centers, helping 

 2   people of all walks of life throughout the 

 3   world -- from Australia to Africa, from Holland 

 4   to Argentina, and from Moscow to Jerusalem; and 

 5                "WHEREAS, Rabbi Schneerson's  

 6   educational activities throughout the globe have 

 7   enriched and strengthened the religious,   

 8   educational, cultural, moral and ethical fibers 

 9   of all citizens of the world; and 

10                "WHEREAS, He was a remarkable and 

11   holy man who inspired millions of Jews and 

12   non-Jews to greater dedication, loyalty and 

13   commitment in all matters 'between man and G-d' 

14   and 'between man and man'; and 

15                "WHEREAS, Rabbi Schneerson 

16   proclaimed the Redemption was on its way, and he 

17   called upon all citizens of the world to prepare 

18   with a personal commitment to increase all 

19   activities of goodness and kindness; and 

20                "WHEREAS, A Memorial Reception will 

21   be held in the New York State Capitol on Monday, 

22   March 26, 2018, in tribute and remembrance  of  

23   Rabbi Schneerson, the leading rabbi of his 

24   generation; and 

25                "WHEREAS, This year, Friday, 


                                                               1547

 1   April 6, 2018, corresponding to 21 Nisan 5778  

 2   116th birthday, to Monday, July 30, 2018, 

 3   corresponding to 18 Av 5778, celebrated as '116 

 4   Days of Education,' in tribute to the educational  

 5   endeavors of this visionary leader and learned 

 6   gentleman on behalf of all mankind; and 

 7                "WHEREAS, Throughout his purposeful 

 8   journey of life, Rabbi Schneerson compiled, with 

 9   dignity and grace, decades filled with 

10   philanthropic causes, humanitarian effort and 

11   astute Judaic leadership, justly earning the  

12   devotion of his followers and the admiration and 

13   respect of his fellow man; now, therefore, be it 

14                "RESOLVED, That this Legislative 

15   Body pause in its deliberations to commemorate 

16   the traditional observance of the anniversary of 

17   the birthday of the Lubavitcher Rebbe, Rabbi 

18   Menachem M. Schneerson, upon the occasion of a 

19   reception to be held in the New York State 

20   Capitol on Monday, April 2, 2018, and to 

21   recognize April 6, 2018 to July 31, 2018, as  

22   '116 Days of Education,' in tribute to the 

23   educational endeavors of the beloved Rebbe; and 

24   be it further 

25                "RESOLVED, That a copy of this 


                                                               1548

 1   resolution, suitably engrossed, be transmitted to 

 2   Rabbi Shmuel M. Butman, director of the  

 3   Lubavitch Youth Organization."

 4                ACTING PRESIDENT AKSHAR:   Senator 

 5   Golden on the resolution.

 6                SENATOR GOLDEN:   Thank you, 

 7   Mr. President.  

 8                I rise to welcome Rabbi Shmuel 

 9   Butman back to Albany in updating and having this 

10   resolution before our conference here, 

11   celebrating the 116th birthday of the renowned 

12   Grand Rebbe Menachem Schneerson.  

13                Rabbi Butman is the leader of the 

14   Lubavitch and the senior Chabad Rabbi for Crown 

15   Heights, the executive director of the Lubavitch 

16   Youth Organization, publishes the weekly Chabad 

17   magazine, L'Chaim.  Rabbi Butman was responsible 

18   for the erection of the largest menorah in the 

19   world in the southeast corner of Central Park.  

20   He is influential in continuing to spread the 

21   message of Rabbi Schneerson, who realized that 

22   Crown Heights is one community, not separate 

23   communities.  And from April 6th to July 30th, we 

24   will celebrate "116 Days of Education."  

25                Welcome back, Rabbi.  Glad to have 


                                                               1549

 1   you here.  And this is a great, great resolution 

 2   for a great, great Rebbe.  Thank you very much.  

 3   Please continue on with his great work.  

 4                If we could all rise, please, and 

 5   give the Rebbe a round of applause, and the 

 6   Rabbi, for their good work and all that they do.  

 7   Please.  

 8                (Applause.)

 9                SENATOR GOLDEN:   Thank you very 

10   much.

11                ACTING PRESIDENT AKSHAR:   Rabbi, 

12   thank you.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes.  That 

15   resolution is open for cosponsorship.  If anyone 

16   wants to cosponsor, they should go to the desk 

17   and advise you.

18                ACTING PRESIDENT AKSHAR:   This 

19   resolution is open for cosponsorship.  If you 

20   wish to be a cosponsor, please notify the desk.

21                Senator DeFrancisco.

22                SENATOR DeFRANCISCO:   I guess we're 

23   going to call a play at the line at this point.

24                ACTING PRESIDENT AKSHAR:   Sure.  

25   I'm ready to play when you are, sir.  


                                                               1550

 1                (Laughter.)

 2                SENATOR DeFRANCISCO:   All right.  

 3   Would you now -- let's see.  We have two more 

 4   resolutions.  Would you like to call them up, is 

 5   that what you're telling me?  

 6                First of all, can we now call up 

 7   previously adopted Resolutions 3648 -- let's 

 8   start with that one -- by Senator O'Mara, and 

 9   also 3649.  I don't know if we can do it 

10   together.  But just reading the short title of 

11   each, and call on Senator O'Mara, please.

12                ACTING PRESIDENT AKSHAR:   The 

13   Secretary will read Number 3648, title only.

14                THE SECRETARY:   Legislative 

15   Resolution Number 3648, by Senator O'Mara, 

16   congratulating the Corning-Painted Post 

17   High School Competition Band for winning the 

18   Large School Division 3 New York State Field Band 

19   Conference Championship on October 29, 2017.

20                ACTING PRESIDENT AKSHAR:   The 

21   Secretary will read the title only of Resolution 

22   Number 3649.

23                THE SECRETARY:   Legislative 

24   Resolution Number 3649, by Senator O'Mara, 

25   commending Ray Lawson upon the occasion of being 


                                                               1551

 1   named the New York State Boys High School Coach 

 2   of the Year by the United States Track and Field 

 3   and Cross Country Coaches Association.

 4                ACTING PRESIDENT AKSHAR:   Senator 

 5   O'Mara.

 6                SENATOR O'MARA:   Thank you, 

 7   Mr. President.  And sorry for the confusion on 

 8   the resolutions before us here today.  

 9                But we have with us this afternoon 

10   members of the Corning-Painted Post High School, 

11   both of the High School Competition Band and of 

12   the Boys Varsity Cross Country Team, both of 

13   which won state championships last year in 2017.

14                First, on the first resolution that 

15   was previously adopted, the Corning-Painted Post 

16   Competition Band has 86 students in it -- 44 wind 

17   players, 18 percussionists, 19 Color Guard 

18   members, three drum majors, and two field crew 

19   members.

20                With us today from the band are 

21   Drum Majors Connie Hou and Julienne Tsang and 

22   Band Director Joe Stork.

23                This band's season began in June, 

24   after only two months of practice, two weeks of 

25   band camp in August, and competitions beginning 


                                                               1552

 1   in September.  The Hawks went into the state 

 2   championship with an undefeated record.  Corning 

 3   won the Large School 3 Division, which was held 

 4   at the Carrier Dome in Syracuse, edging Sachem 

 5   and Rome Free Academy by slight margins.  

 6   Rounding out the division was Hilton, Greece, 

 7   Auburn and East Ramapo.

 8                I want to congratulate the band 

 9   members that are with us today, and I'll move on 

10   to the Cross Country Team that on November 11th 

11   of 2017 captured the State Championship Class A 

12   for the second straight year.  They were the 

13   first Section 14 to qualify for the Nike Cross 

14   Country Nationals in Portland, Oregon, where they 

15   finished in 12th place in the Nationals.  

16                With us today are runners Quinn 

17   Nicholson, Dan Gahagan, Torrey Jacobson-Evans, 

18   Nathan Lawson, Bryce Derick, Camden Zaidel, 

19   volunteer coach and parent Jim Derick, and 

20   Coach Ray Lawson.  

21                We'll also note that Coach Lawson, 

22   who also coaches the Girls Cross Country Team, 

23   was recently named for the second consecutive 

24   year New York State Boys High School Coach of the 

25   Year by U.S. Track and Field and Cross Country 


                                                               1553

 1   Coaches Association.  

 2                We're very proud today to have these 

 3   members of these two fine teams from the school 

 4   of Corning-Painted Post with us.  Congratulations 

 5   on your successes, and we all will recognize your 

 6   accomplishments here.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT AKSHAR:   Thank 

 9   you, Senator O'Mara.

10                To the cross country team, to the 

11   high school competition band, to the coach, on 

12   behalf of the New York State Senate we welcome 

13   you and we extend all the privileges and 

14   courtesies of the house.  

15                Ladies and gentlemen, if we could 

16   rise in a round of applause, please.

17                (Applause.)

18                ACTING PRESIDENT AKSHAR:   Senator 

19   DeFrancisco, this resolution was previously 

20   adopted on February 6th.  And it's open for 

21   cosponsorship, is my understanding.  

22                SENATOR DeFRANCISCO:   That includes 

23   both resolutions you're referring to?  

24                ACTING PRESIDENT AKSHAR:   Yes, sir.

25                SENATOR DeFRANCISCO:   Fine.  If 


                                                               1554

 1   it's open for cosponsorship, please notify the 

 2   desk if you'd like to be a cosponsor.  Thank you.

 3                Can we now do the noncontroversial 

 4   reading of the calendar, please.

 5                ACTING PRESIDENT AKSHAR:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   227, by Senator Serino, Senate Print 2168A, an 

 9   act to amend the Insurance Law.

10                ACTING PRESIDENT AKSHAR:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT AKSHAR:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT AKSHAR:   The 

18   results?  

19                THE SECRETARY:   Ayes, 57.

20                ACTING PRESIDENT AKSHAR:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   308, by Senator LaValle, Senate Print 3177, an 

24   act to amend the Environmental Conservation Law.

25                ACTING PRESIDENT AKSHAR:   Read the 


                                                               1555

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT AKSHAR:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT AKSHAR:   Announce 

 8   the results.

 9                THE SECRETARY:   Ayes, 54.  Nays, 3.  

10   Senators Hoylman, Krueger and Serrano recorded in 

11   the negative.  

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   310, by Senator LaValle, Senate Print 4818, an 

16   act to amend the Environmental Conservation Law.

17                ACTING PRESIDENT AKSHAR:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT AKSHAR:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT AKSHAR:   Results?  

25                THE SECRETARY:   Ayes, 57.


                                                               1556

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   312, by Senator O'Mara, Senate Print 6195A, an 

 5   act to amend the Environmental Conservation Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT AKSHAR:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT AKSHAR:   Senator 

14   Hoylman to explain his vote.

15                SENATOR HOYLMAN:   Thank you, 

16   Mr. President.  

17                I'm voting against this bill.  With 

18   all due respect, while the sponsor believes that 

19   this is a more ecologically friendly way to carry 

20   cans, these types of rings -- can carriers, I 

21   think they're known as -- that would be legalized 

22   under this legislation are not photo 

23   biodegradable.  In other words, through this 

24   legislation we will be contributing to plastics 

25   in our ocean.  


                                                               1557

 1                And just last week, Mr. President, 

 2   I'd note that the research showed that the Great 

 3   Pacific Garbage Patch, which accounts for 

 4   87,000 tons of plastic, is actually four to 

 5   16 times bigger than previously thought, 

 6   occupying about four times the size of 

 7   California.  

 8                So we need to be doing more in this 

 9   chamber and across the country to reduce plastic 

10   waste.  And unfortunately this legislation 

11   legalizes a product that does just the opposite, 

12   so I'll be voting in the negative.

13                ACTING PRESIDENT AKSHAR:   Senator 

14   Hoylman to be recorded in the negative.

15                Announce the result.

16                THE SECRETARY:   In relation to 312, 

17   those recorded in the negative are 

18   Senators Benjamin, Hoylman, Kavanagh, Krueger, 

19   Parker and Rivera.  Also Senator Bailey.

20                Ayes, 50.  Nays, 7.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   362, by Senator Tedisco, Senate Print 4149A, an 

25   act to amend the Legislative Law.


                                                               1558

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 4.  This 

 4   act shall take effect on the 90th day.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT AKSHAR:   Results?  

 9                THE SECRETARY:   Ayes, 57.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   408, by Senator Funke, Senate Print 1443, an act 

14   to amend the Alcoholic Beverage Control Law.

15                ACTING PRESIDENT AKSHAR:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT AKSHAR:   Call the 

20   roll.

21                (The Secretary called the roll.) 

22                ACTING PRESIDENT AKSHAR:   Results?  

23                THE SECRETARY:   Ayes, 57.

24                ACTING PRESIDENT AKSHAR:   The bill 

25   is passed.


                                                               1559

 1                THE SECRETARY:   Calendar Number 

 2   411, by Senator Valesky, Senate Print 6966, an 

 3   act to amend the Alcoholic Beverage Control Law.

 4                ACTING PRESIDENT AKSHAR:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 9.  This 

 7   act shall take effect on the 180th day.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT AKSHAR:   Results.

12                THE SECRETARY:   Ayes, 57.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   431, by Senator Funke, Senate Print 4592A, an act 

17   to amend the Alcoholic Beverage Control Law.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                THE SECRETARY:   Section 4.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT AKSHAR:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT AKSHAR:   Senator 


                                                               1560

 1   Krueger to explain her vote.

 2                SENATOR KRUEGER:   Thank you, 

 3   Mr. President.

 4                It's not necessarily that I oppose 

 5   the concept of allowing certain kinds of alcohol 

 6   to be provided in a leisure or recreation 

 7   district.  My problem is the bill doesn't define 

 8   anything about what a leisure or recreation 

 9   district would be.  

10                And so as I read this bill, we would 

11   be saying that any geographic area could be 

12   interpreted as being an open-carry district.  And 

13   I don't think that's what most people would want 

14   for their own communities.  They would want 

15   specific definitions of who, what, where, when, 

16   and this has none of those in the bill.  

17                So I'm hoping that this bill might 

18   be clarified before it actually might move to the 

19   next house or even to the Governor's desk.  So 

20   I'll vote no, Mr. President.

21                ACTING PRESIDENT AKSHAR:   Senator 

22   Krueger to be recorded in the negative.

23                Senator Stavisky.

24                SENATOR STAVISKY:   Yeah, 

25   Mr. President, I have the same concerns as just 


                                                               1561

 1   indicated.  

 2                And if I knew where there's an 

 3   example of a leisure and recreation district, I'd 

 4   be inclined to vote for it.  But in the absence 

 5   of clarification, I vote no.

 6                ACTING PRESIDENT AKSHAR:   Senator 

 7   Stavisky to be recorded in the negative.

 8                Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar 431, those recorded in the negative are 

11   Senators Benjamin, Hoylman, Kavanagh, Krueger and 

12   Stavisky.

13                Ayes, 52.  Nays, 5.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   540, by Senator Helming, Senate Print 4537, an 

18   act to amend the General City Law.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 10.  This 

22   act shall take effect on the first of July.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               1562

 1                ACTING PRESIDENT AKSHAR:   The 

 2   results?  

 3                THE SECRETARY:   Ayes, 57.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   564, by Senator Hannon, Senate Print 5926, an act 

 8   to authorize.

 9                ACTING PRESIDENT AKSHAR:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT AKSHAR:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT AKSHAR:   Announce 

17   the results.

18                THE SECRETARY:   In relation to 

19   Calendar 564, those recorded in the negative are 

20   Senators Akshar, Bonacic, Larkin and O'Mara.

21                Ayes, 53.  Nays, 4.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   625, by Senator Carlucci, Senate Print 3039, an 


                                                               1563

 1   act to amend the Criminal Procedure Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT AKSHAR:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT AKSHAR:   Senator 

10   Carlucci to explain his vote.

11                SENATOR CARLUCCI:   Thank you, 

12   Mr. President.  

13                I want to thank my colleagues for 

14   supporting this very important legislation.  What 

15   this legislation does is allows for people around 

16   New York State that have been arrested the access 

17   to a problem-solving or diversion court.  

18                And problem-solving courts aren't 

19   anything new.  They've had tremendous success in 

20   our state and around the nation.  But 

21   unfortunately, in upstate New York, believe it or 

22   not, we have over 1,300 village and town courts.  

23   And under our current statute, you would have to 

24   recreate each problem-solving court in every one 

25   of those courts to make sure that every 


                                                               1564

 1   New Yorker has access to a problem-solving court.

 2                What this legislation does is allows 

 3   for someone to be transferred, their case, to a 

 4   local problem-solving court.  So there could be a 

 5   domestic violence court, a mental health court, a 

 6   veterans court -- it could be right down the 

 7   road, but you don't have access to it right now.

 8                We've made tremendous strides in 

 9   reforming our criminal justice system.  We have a 

10   lot more work to do.  But let's give people the 

11   option.  Let's have rehabilitation instead of 

12   incarceration.  Let's get people help instead of 

13   sending them to jail or to prison.  This model 

14   works.  Let's make sure you can access it no 

15   matter where you live in the State of New York.  

16                This will go a long way to making 

17   sure we're helping people to be productive 

18   members of society and adding to improving the 

19   quality of life for everyone here in New York.

20                So again, I want to thank my 

21   colleagues for supporting this legislation.  

22   Let's see it become law and make sure we're 

23   diverting people from our criminal justice 

24   system.

25                Thank you, Mr. President.


                                                               1565

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   Carlucci to be recorded in the affirmative.

 3                Announce the result.

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

 5   Senator DeFrancisco recorded in the negative.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   722, by Senator Young, Senate Print 516B, an act 

10   to amend the Mental Hygiene Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 10.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Senator 

19   Krueger to explain her vote.

20                SENATOR KRUEGER:   Thank you, 

21   Mr. President.

22                I vote again against this bill this 

23   year -- not because I am opposed to the concept 

24   of Kendra's Law, but I don't think it should be 

25   made permanent because we haven't fixed the 


                                                               1566

 1   problems within it yet.

 2                For example, I have several memos 

 3   from mental health providers talking about it 

 4   being an unfunded mandate by the state.  And the 

 5   result of that is we are mandating our localities 

 6   to do something they're actually not doing, and 

 7   then we're going to find everyone out of 

 8   compliance, and we may find ourselves putting 

 9   even more mentally ill people into a treatment 

10   program coercively simply because we didn't have 

11   the outpatient services they actually needed and 

12   were trying to get.

13                So to set up a system where our 

14   mental health providers fail, our mentally ill 

15   constituents -- who are looking for the help and 

16   need the help -- fail because we don't provide 

17   them the services, but then to say, Well, at 

18   least we locked them all up for some period of 

19   time doesn't get us to the answer I think the 

20   Senator who sponsors the bill wants us to get to 

21   and doesn't get to the answer I hope we'll get 

22   to.  

23                So I do believe that this system can 

24   be fixed, but it requires a commitment by the 

25   state -- not just to say we're making certain 


                                                               1567

 1   things required, but to actually have the actual 

 2   people and services in place to provide the 

 3   services when they're needed.  

 4                So I continue to believe that 

 5   there's an opportunity to improve the program.  

 6   It's not sunsetting now.  I don't believe it 

 7   sunsets till 2022.  So I'm afraid that if we make 

 8   it permanent, nobody will really go back and try 

 9   to make the real fixes we need.  

10                I vote no, Mr. President.

11                ACTING PRESIDENT AKSHAR:   Thank 

12   you, Senator Krueger.  You'll be recorded in the 

13   negative.

14                Senator Phillips to explain her 

15   vote.

16                SENATOR PHILLIPS:   Yes, thank you, 

17   Mr. President.

18                So in 1999 I regularly rode the 

19   subway to and from work, and I vividly remember 

20   Kendra's story.  It was an event that struck fear 

21   and terror into the hearts of not just subway 

22   riders, but truly all New Yorkers.  And needless 

23   to say, it was a young girl that lost her life 

24   too soon to some violent actions of untreated 

25   mental illness.  


                                                               1568

 1                And, you know, too often we hear 

 2   these stories, these tragic stories of 

 3   individuals suffering from mental illness causing 

 4   harm to themselves and to others.  

 5                So as legislators, we've worked hard 

 6   to improve mental illness -- you know, to 

 7   increase access to treatment, to ensure 

 8   individuals have insurance coverage, and to 

 9   provide those in need with adequate care.  

10                Making Kendra's Law permanent not 

11   only helps prevent those with mental illness from 

12   harming others, but we provide essential 

13   treatment to those who are most in need.  

14                The proposals in this bill expand 

15   upon the original measure and provide even 

16   greater protection to both the public and those 

17   suffering from mental illness.  Because family 

18   and household members often witness dangerous 

19   behavior first, or know when a loved one is 

20   facing a serious personal crisis, this measure 

21   will provide a new avenue of support and care.

22                And by adding attempted suicide as a 

23   qualifying condition, we will provide recourse 

24   for those who believe they have run out of 

25   options.  


                                                               1569

 1                Thank you.  Thank you, Senator 

 2   Young, for championing this cause.  For the 

 3   safety of all New Yorkers and for those 

 4   struggling with mental illness, I vote aye and 

 5   urge my colleagues to do so as well.

 6                Thank you.

 7                ACTING PRESIDENT AKSHAR:   Thank 

 8   you, Senator Phillips.  You'll be recorded in the 

 9   affirmative.

10                Senator Young to close.

11                SENATOR YOUNG:   Thank you, 

12   Mr. President.

13                And I proudly stand today to sponsor 

14   this legislation.  And thank you, Senator 

15   Phillips, for those great words.  

16                I want to commend all of my 

17   colleagues, because this is a very, very crucial 

18   piece of legislation.  Kendra's Law works.  All 

19   of the statistics show that it works.  It reduces 

20   violence, it reduces incarcerations, it reduces 

21   recidivism, it reduces costs -- not only human 

22   costs, but also costs to the taxpayers.  It 

23   reduces hospitalizations.  It reduces suicides.  

24                When you look at it across the 

25   board, it has been very, very, very effective as 


                                                               1570

 1   far as helping people who are severely mentally 

 2   ill who are a danger to themselves or others.

 3                And I believe that we as a 

 4   Legislature have an obligation to make sure that 

 5   people who need help get help.  Unfortunately, we 

 6   have seen, ripped from the headlines, far too 

 7   often these days people who have severe mental 

 8   illness who are not getting the help that they 

 9   need, with terrible, terrible consequences.  

10                This is a way for us to be 

11   proactive.  This is a way for us to take action.  

12   This is a way for us to deal with the scourge of 

13   mental illness for people who want to get better, 

14   who desperately want to get better yet don't get 

15   the treatment that they need.

16                I believe very strongly that this is 

17   the right way to go, this actually will help 

18   improve the lives of countless New Yorkers.  It 

19   is a public safety issue also.  And I urge all of 

20   our colleagues to vote aye.

21                Thank you.

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Young to be recorded in the affirmative.

24                Announce the result.

25                THE SECRETARY:   Ayes, 56.  Nays, 2.  


                                                               1571

 1   Senators Krueger and Rivera recorded in the 

 2   negative.

 3                ACTING PRESIDENT AKSHAR:   The bill 

 4   is passed.

 5                Senator DeFrancisco, that completes 

 6   the noncontroversial reading of the calendar.

 7                SENATOR DeFRANCISCO:   Is there any 

 8   further business at the desk?

 9                ACTING PRESIDENT AKSHAR:   There is 

10   no further business at the desk.

11                SENATOR DeFRANCISCO:   Two 

12   announcements.  

13                The Republican Conference will not 

14   meet immediately following session.  However, 

15   everyone is informed to stay close to their 

16   telephones because you'll be called on a moment's 

17   notice.

18                Also, there's an immediate meeting 

19   of the Insurance Committee in Room 124 of the 

20   Capitol.

21                ACTING PRESIDENT AKSHAR:   There 

22   will be an immediate meeting of the 

23   Insurance Committee in Room 124 of the Capitol.

24                SENATOR DeFRANCISCO:   Since there's 

25   no further business, I move to adjourn until 


                                                               1572

 1   Tuesday, March 27th, at 3:00 p.m.

 2                ACTING PRESIDENT AKSHAR:   On 

 3   motion, the Senate stands adjourned until 

 4   Tuesday, March 27th, at 3:00 p.m.

 5                (Whereupon, at 4:08 p.m., the Senate 

 6   adjourned.)

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