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
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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
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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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