Regular Session - March 08, 2017

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		                                                               973

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 8, 2017

11                     11:28 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR THOMAS D. CROCI, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               974

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

 2                ACTING PRESIDENT CROCI:   The 

 3   Senate will come to order.  

 4                I'd ask everyone present to please 

 5   rise and repeat with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT CROCI:   And in 

10   the absence of clergy, may we please bow our 

11   heads in a moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT CROCI:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, 

17   Tuesday, March 7th, the Senate met pursuant to 

18   adjournment.  The Journal of Monday, March 6th, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT CROCI:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                Messages from the Governor.


                                                               975

 1                Reports of standing committees.

 2                Reports of select committees.

 3                Communications and reports from 

 4   state officers.

 5                Motions and resolutions.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:    

 8   Mr. President, I move that Senate Bill Number 

 9   5077, by Senator Golden, be discharged from its 

10   respective committee and be recommitted with 

11   instructions to strike the enacting clause.

12                ACTING PRESIDENT CROCI:   It's so 

13   ordered.

14                SENATOR DeFRANCISCO:   Could we 

15   please take up the noncontroversial reading of 

16   the calendar.

17                ACTING PRESIDENT CROCI:   The 

18   Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   108, by Senator Serrano, Senate Print 3052, an 

21   act to amend the General City Law.

22                ACTING PRESIDENT CROCI:   Read the 

23   last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect on the 30th day.


                                                               976

 1                ACTING PRESIDENT CROCI:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 44.  Nays, 

 5   1.  Senator O'Mara recorded in the negative.

 6                ACTING PRESIDENT CROCI:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   215, by Senator Robach, Senate Print 1012, an 

10   act to amend the Vehicle and Traffic Law.

11                ACTING PRESIDENT CROCI:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect on the 30th day.

15                ACTING PRESIDENT CROCI:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   In relation to 

19   Calendar 215, those recorded in the negative are 

20   Senators Bailey, Hoylman, Krueger, Rivera and 

21   Sanders.

22                Ayes, 45.  Nays, 5.

23                ACTING PRESIDENT CROCI:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               977

 1   216, by Senator Marcellino, Senate Print 1135, an 

 2   act to amend the Vehicle and Traffic Law.

 3                ACTING PRESIDENT CROCI:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 6.  This 

 6   act shall take effect on the 120th day.

 7                ACTING PRESIDENT CROCI:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT CROCI:   Senator 

11   Hoylman to explain his vote.

12                SENATOR HOYLMAN:   Thank you, 

13   Mr. President.  

14                I wanted to thank the sponsor for 

15   introducing this bill.  I think we can all agree 

16   that restricting sex offenders' access to children 

17   is a very important thing.

18                But we need to be doing more in this 

19   chamber than just constantly reintroducing bills 

20   that are one-house.  And we can pass a Child 

21   Victims Act, Mr. President, that actually ensures 

22   justice for the victims of child sexual abuse.  

23                You know, currently in New York 

24   State we have the worst statute of limitations in 

25   the country -- the worst, bar none.  If you don't 


                                                               978

 1   file a claim, if you're assaulted as a child, by 

 2   the age of 23, then you are shut out of both 

 3   civil and criminal cases.  

 4                So, Mr. President, while this is an 

 5   important step, a good bill, we have to do more.  

 6   I'll be voting in the affirmative.

 7                Thank you.

 8                ACTING PRESIDENT CROCI:   Senator 

 9   Hoylman to be recorded in the affirmative.

10                Announce the result.

11                THE SECRETARY:   Ayes, 51.

12                ACTING PRESIDENT CROCI:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   233, by Senator Little, Senate Print 2947, an act 

16   to amend Chapter 308 of the Laws of 2012.

17                ACTING PRESIDENT CROCI:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT CROCI:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 51.

25                ACTING PRESIDENT CROCI:   The bill 


                                                               979

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   303, by Senator LaValle, Senate Print 4358, an 

 4   act to amend Chapter 672 of the Laws of 1993.

 5                ACTING PRESIDENT CROCI:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT CROCI:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 51.

13                ACTING PRESIDENT CROCI:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   401, by Senator Klein, Senate Print 1786, an act 

17   to amend the Penal Law.

18                ACTING PRESIDENT CROCI:   Read the 

19   last section.

20                THE SECRETARY:   Section 11.  This 

21   act shall take effect on the first of November.

22                ACTING PRESIDENT CROCI:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT CROCI:   Senator 


                                                               980

 1   Klein to explain his vote.

 2                SENATOR KLEIN:   Thank you, 

 3   Mr. President.

 4                This is the first of three bills 

 5   that the Independent Democratic Conference has 

 6   introduced as part of our anti-hate package.  

 7                I think we all know we're seeing the 

 8   dangerous proliferation of hate crimes all over 

 9   New York State.  There's been a hundred bomb 

10   threats made against Jewish Community Centers 

11   across the nation.  And we're also seeing 

12   religious freedoms being trampled on, not only in 

13   Jewish communities but in Muslim communities as 

14   well as.

15                You know, last week in my district, 

16   I actually was able to bring together members of 

17   the Jewish community and the Muslim community, 

18   shoulder to shoulder, to stand up against hate 

19   crimes.  

20                This specific piece of legislation 

21   is something that I introduced back in 2006, 

22   where at the time we saw many, many houses of 

23   worship, including churches in my district, and 

24   these were churches, that were being 

25   desecrated -- statues being knocked down, 


                                                               981

 1   religious artifacts being stolen.  

 2                As a matter of fact, at the time, 

 3   Senator Kaminsky, when he was an Assemblymember, 

 4   carried this bill in the Assembly.

 5                The problem was bad back then in 

 6   2006, but I think it's even worse now.  And I 

 7   think we have to send a very, very clear message 

 8   that any of us who believe in religious freedom, 

 9   any of us who believe in the fact that we're 

10   either going to sink or swim together, and we 

11   have to stick together as one -- when one 

12   community is threatened, all of us have to feel 

13   that same threat.  

14                So this bill expands the existing 

15   crime of criminal mischief in the third degree to 

16   include damage made to a house of worship.  

17   Criminal mischief in the second degree would be 

18   expanded to include ruining a priceless religious 

19   object, like a scroll.  

20                And then finally, cemetery 

21   desecration in the first degree is created, which 

22   would be a Class D felony.

23                I urge my colleagues, each and every 

24   one of us, to vote yes on this important 

25   legislation, Mr. President.


                                                               982

 1                ACTING PRESIDENT CROCI:   Senator 

 2   Klein to be recorded in the affirmative.

 3                Announce the result.

 4                THE SECRETARY:   In relation to 

 5   Calendar 401:  Ayes, 56.  Nays, 2.  Senators 

 6   Krueger and Montgomery recorded in the negative.

 7                ACTING PRESIDENT CROCI:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   402, by Senator Phillips, Senate Print 2492, an 

11   act to amend the State Finance Law.

12                ACTING PRESIDENT CROCI:   Read the 

13   last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT CROCI:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT CROCI:   Senator 

20   Phillips.

21                SENATOR PHILLIPS:   Thank you, 

22   Mr. President.  I rise today to explain my vote.  

23                And I thank Senator Klein for those 

24   words, because this bill really does go in 

25   conjunction.  


                                                               983

 1                In recent days, we have seen an 

 2   unprecedented increase in instances of 

 3   antisemitism across this state and across this 

 4   country.  More than just words, we've seen a rise 

 5   in vandalism and threats, all rooted in hatred 

 6   and targeted at a single group of our fellow 

 7   citizens.  Just this week, in Senator Funke's and 

 8   Senator Robach's districts; last week, in my own; 

 9   and just a few blocks away from here, in Albany, 

10   we've witnessed actions that are designed to 

11   instill fear and terror.

12                And today, with this bill and its 

13   companion bill, which we will take up, we have 

14   the opportunity to take action of our own, to 

15   make it clear that in this Senate, as 

16   New Yorkers, we stand against hatred and bigotry.

17                We cherish our rights to free 

18   speech.  But when speech becomes hate-filled 

19   action that intimidates, frightens, and turns us 

20   against our neighbors, friends, and allies, we 

21   have an obligation to respond.  

22                I want to thank my colleagues on 

23   both sides of the aisle for joining me to 

24   strongly denounce bigoted and hateful words and 

25   actions.  I also want to thank the Governor for 


                                                               984

 1   the steps he's taking to show that we stand in 

 2   solidarity with our friends and neighbors, both 

 3   here and across the globe.  

 4                I encourage everyone to join me in 

 5   urging the Assembly to take up these bills so we 

 6   can all speak with one voice.  

 7                Mr. President, I vote in the 

 8   affirmative.

 9                ACTING PRESIDENT CROCI:   Senator 

10   Phillips to be recorded in the affirmative.

11                Senator Kaminsky.

12                SENATOR KAMINSKY:   Thank you, 

13   Mr. President.

14                Thank you for the introduction of 

15   this bill, and I think it is perfectly 

16   appropriate to have Senator Klein's bill and 

17   Senator Phillips' bill go back to back, because 

18   they both address something that's very important 

19   and something that we've seen rear its ugly head 

20   to a very disturbing extent lately, and that's 

21   antisemitism.  

22                And it is important we say it loud 

23   and up-front, the BDS movement is a soft but 

24   insidious form of antisemitism.  It claims not to 

25   be, but it is.  When you have countries that 


                                                               985

 1   practice genital mutilation, that arrest women 

 2   for driving cars, and there is no boycott 

 3   movement against them, we have to wonder what's 

 4   so special about Israel.  

 5                The truth is there's a lot great and 

 6   special about Israel, a country who is our real 

 7   only friend in the Middle East, who has seen a 

 8   country and an economy grow to an amazing extent 

 9   that started with really nothing, with the world 

10   against it.  We should be doing all we can to 

11   praise Israel, to stand with Israel.  That's what 

12   the Governor did last week, and that's what we're 

13   doing, Republicans and Democrats, different 

14   branches of government here in New York.  

15                And we do that by taking a stand 

16   against the BDS movement, by saying that this is 

17   not right, that we don't stand with it.  And 

18   you're entitled to do whatever you want, but 

19   New York doesn't have to stand with you.  And 

20   it's very simple.  You don't want to invest in 

21   Israel, great, that's your right.  New York won't 

22   invest in you.  

23                And so I really appreciate that 

24   we're taking this stand here today.  Israel, now 

25   more than ever, needs our help.  And society is 


                                                               986

 1   looking to each and every one of us, after bomb 

 2   threats and cemetery desecrations, and Lord knows 

 3   what next, to see where we will take a stand on 

 4   this.  

 5                And supporting Israel and going 

 6   against the BDS movement, which this bill and a 

 7   series of bills, which they do, is an important 

 8   way to say that's where we are.  It is where we 

 9   are, and that's why I vote in the affirmative.  

10                Thank you, Mr. President.

11                ACTING PRESIDENT CROCI:   Senator 

12   Kaminsky to be recorded in the affirmative.

13                Announce the result.

14                THE SECRETARY:   In relation to 

15   Calendar 402, those recorded in the negative are 

16   Senators Krueger, Montgomery, Rivera and Sanders.  

17   Also Senator Comrie.

18                Ayes, 54.  Nays, 5.

19                ACTING PRESIDENT CROCI:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   403, by Senator Phillips, Senate Print 2493, an 

23   act to amend the Education Law.

24                ACTING PRESIDENT CROCI:   Read the 

25   last section.


                                                               987

 1                THE SECRETARY:   Section 4.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT CROCI:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT CROCI:   Senator 

 7   Kaminsky to explain his vote.

 8                SENATOR KAMINSKY:   I just want to 

 9   add something upon my previous comments, that our 

10   college campuses have had very troubling 

11   revelations.  

12                When I traveled with Speaker Heastie 

13   to Israel on a delegation trip last year, we 

14   spoke with a reporter from the West Bank, who is 

15   Arabic, who says he will go to Israel, he will go 

16   anywhere throughout the country to speak about 

17   his views, which are about a two-state solution, 

18   but he will never go to the University of 

19   Michigan, which is my alma mater, where he was 

20   spat upon.  

21                On our college campuses, if you 

22   support Israel, if you show any type of support, 

23   you are seen as somebody who enables occupiers, 

24   is a bad person, is very uncomfortable to be 

25   there.  These are the same institutions that 


                                                               988

 1   fought for civil rights in the late '60s, that 

 2   have stood for everything that's good.  

 3                Raoul Wallenberg, one of the 

 4   greatest humanitarians you could think of, who 

 5   saved thousands and thousands in the Holocaust -- 

 6   there is a statue of him just down the way from 

 7   this building -- was a graduate of the University 

 8   of Michigan.  He would have been very upset with 

 9   what he's seeing.  

10                Once again, it's a simple choice.  

11   We don't have to stand by and give taxpayer money 

12   to groups that sow such hate.  And I'm glad we're 

13   taking a stand here today against that, and I 

14   support this bill and vote in the affirmative.  

15                Thank you.

16                ACTING PRESIDENT CROCI:   Senator 

17   Kaminsky to be recorded in the affirmative.

18                Announce the result.

19                THE SECRETARY:   In relation to 

20   Calendar 403, those recorded in the negative are 

21   Senators Bailey, Comrie, Gianaris, Hoylman, 

22   Krueger, Montgomery, Peralta, Persaud, Rivera, 

23   Sanders and Squadron.

24                Ayes, 48.  Nays, 11.

25                ACTING PRESIDENT CROCI:   The bill 


                                                               989

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   405, by Senator Carlucci, Senate Print 4777, an 

 4   act to amend the Penal Law.

 5                ACTING PRESIDENT CROCI:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the first of November.

 9                ACTING PRESIDENT CROCI:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT CROCI:   Senator 

13   Carlucci to explain his vote.

14                SENATOR CARLUCCI:   Thank you, 

15   Mr. President.  

16                I rise to support this legislation 

17   and want to thank my colleagues for supporting it 

18   as well.  

19                Unfortunately, as has been said on 

20   the floor, we have seen an increase in attacks on 

21   people solely based on their religion and their 

22   identity.  It's outrageous to think that this is 

23   happening in our community and across the nation.  

24                And in New York, we have to take a 

25   zero-tolerance stance against this.  Imagine a 


                                                               990

 1   student showing up to school and seeing a 

 2   swastika painted on the fence, or an LGBT teen 

 3   seeing a hateful slogan painted on the wall in 

 4   their community saying that they're not welcome.

 5                Well, that's not who we are as 

 6   New Yorkers.  And that's why it's so important 

 7   that we stand together, united in this chamber, 

 8   saying we stand with all of those who have been 

 9   victimized, and say that we're not going to 

10   tolerate it, we're not going to allow people to 

11   be intimidated simply for who they are in our 

12   community.  

13                And in New York we've always been a 

14   beacon of freedom, of liberty.  And we need to 

15   show an example and really pave the way for the 

16   rest of the nation to show that we won't allow 

17   intimidation and hate to resonate in our 

18   community or anywhere in our state.

19                So I want to thank my colleagues for 

20   supporting this legislation and remind everyone 

21   out there that we're with you and we're going to 

22   do everything we can to stop hate in our 

23   community.

24                Thank you, Mr. President.

25                ACTING PRESIDENT CROCI:   Senator 


                                                               991

 1   Carlucci to be recorded in the affirmative.

 2                Senator Latimer.

 3                SENATOR LATIMER:   Thank you, 

 4   Mr. President.

 5                I rise in support of Senator 

 6   Carlucci's bill.  I think it addresses a trend 

 7   that we're seeing that's very troublesome, which 

 8   is a greater incidence of hate crimes in a more 

 9   public fashion.  

10                Whatever the reasons are for that, 

11   by expanding the definition of a hate crime to 

12   include acts of graffiti, we are addressing a 

13   current reality in the hopes, number one, of 

14   punishing and in the hopes of, number two, 

15   deterring.  

16                And I would just also point out to 

17   my colleagues I have filed a bill, S5065, which 

18   also further expands the hate crimes law to 

19   include community centers that have a religious 

20   affiliation.  As in Mr. Carlucci's bill, which 

21   looks at an existing situation and sees a 

22   loophole, and this bill fills that loophole, my 

23   bill does the same, so that community centers -- 

24   that may not be a place where religious services 

25   are held, but is religious affiliated -- is given 


                                                               992

 1   the same treatment for hate crimes.  

 2                And I would hope that my colleagues 

 3   on both sides of the aisle would take a look at 

 4   that bill in the same spirit with which I support 

 5   Senator Carlucci's bill.

 6                ACTING PRESIDENT CROCI:   Senator 

 7   Latimer to be recorded in the affirmative.

 8                Announce the result.

 9                THE SECRETARY:   Ayes, 59.  Nays, 1.  

10   Senator Montgomery recorded in the negative.

11                ACTING PRESIDENT CROCI:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   406, by Senator Klein, Senate Print 4837, an act 

15   to prohibit.

16                ACTING PRESIDENT CROCI:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect on the 30th day.

20                ACTING PRESIDENT CROCI:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT CROCI:   Senator 

24   Klein to explain his vote.

25                SENATOR KLEIN:   Thank you, 


                                                               993

 1   Mr. President.

 2                This legislation is similar to a 

 3   piece of legislation that I introduced several 

 4   years ago when an organization called the 

 5   American Studies Association took it upon 

 6   themselves to boycott any exchange program, 

 7   student exchange programs, between Israel and the 

 8   United States.  

 9                Unfortunately, it took on a 

10   tremendous amount of momentum.  Even colleges 

11   here in New York, like NYU, were members of the 

12   American Studies Association.  And we actually 

13   took up the cause then, and it died down a 

14   little, but I'm afraid again, with the 

15   antisemitism which is upon us, and the 

16   anti-Israel feeling that seems to be sprouting 

17   all over college campuses, that this will happen 

18   again.

19                So this legislation would actually 

20   prohibit any college or university in New York 

21   from using state aid to support an organization 

22   that is actively boycotting Israel, Lebanon, the 

23   Czech Republic, Hungary, or any college or 

24   university located in these countries.  

25                The reason why these countries were 


                                                               994

 1   chosen is because these are presently countries 

 2   that have New York State-chartered universities.  

 3   I'd love to be able to take on the cause that 

 4   Senator Kaminsky mentioned about the University 

 5   of Michigan and some other colleges, but I think 

 6   our jurisdiction only lies within state-chartered 

 7   universities.  

 8                So I urge my colleagues again to 

 9   vote yes on this legislation, Mr. President.

10                ACTING PRESIDENT CROCI:   Senator 

11   Klein to be recorded in the affirmative.

12                Announce the result.

13                THE SECRETARY:   In relation to 

14   Calendar 406, those recorded in the negative are 

15   Senators Comrie, Montgomery, Parker, Persaud, 

16   Rivera and Sanders.

17                Ayes, 54.  Nays, 6.

18                ACTING PRESIDENT CROCI:   The bill 

19   is passed.

20                Senator DeFrancisco, that completes 

21   the reading of the noncontroversial calendar.

22                SENATOR DeFRANCISCO:   Yes, upon 

23   completion of session, there will be a Republican 

24   conference in Room 332 immediately, immediately, 

25   so we can start immediately.  


                                                               995

 1                And is there any further business at 

 2   the desk?  

 3                ACTING PRESIDENT CROCI:   There will 

 4   be an immediate meeting of the Republican 

 5   Conference in Room 332 immediately following 

 6   session.

 7                Senator DeFrancisco, there is no 

 8   further business before the desk.

 9                SENATOR DeFRANCISCO:   In that case, 

10   I move to adjourn until Monday, March 13th, at 

11   3:00 p.m., intervening days being legislative 

12   days.

13                ACTING PRESIDENT CROCI:   On motion, 

14   the Senate stands adjourned until Monday, 

15   March 13th, at 3:00 p.m., intervening days being 

16   legislative days.

17                (Whereupon, at 11:48 a.m., the 

18   Senate adjourned.)

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