Regular Session - May 16, 2016

                                                                   2422

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 16, 2016

11                     3:21 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR KATHLEEN C. HOCHUL, President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2423

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

 2                THE PRESIDENT:   The Senate will 

 3   come to order.  

 4                I ask everyone present to please 

 5   rise for the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                THE PRESIDENT:   The Reverend 

 9   Cessell Greenidge is with us today to give us 

10   the invocation.  He is the pastor of Emmanuel 

11   Pentecostal Church in Brooklyn, New York.

12                Reverend.  

13                REVEREND GREENIDGE:   Shall we 

14   pray.

15                Eternal and most gracious and 

16   ever-loving Father, we thank You at this hour 

17   and time for life.  And we thank You for 

18   bringing us here safely and for this gathering.  

19                But I pray, God, even now, that You 

20   will touch life.  As I lift up this house before 

21   You, mighty God, and every representative, I 

22   pray, God, that You will bring forth, God, the 

23   vision, O dear God, of Your people, that every 

24   issue, mighty God, laying across the table, You 

25   will bring resolution.  


                                                               2424

 1                O Father and God, touch the life of 

 2   Your people with wisdom, with knowledge, and 

 3   with understanding, that at the end of this, 

 4   Almighty God, the dream of the State of New York 

 5   shall become a reality and men and women, mighty 

 6   God, shall rejoice and be glad in You and in 

 7   Your salvation.  

 8                We thank You even now for what 

 9   You're going to do in the life of Your people, 

10   and we bless You in Jesus' mighty name.  

11                Amen.

12                THE PRESIDENT:   Thank you, 

13   Reverend.

14                The reading of the Journal.

15                THE SECRETARY:   In Senate, Sunday, 

16   May 15th, the Senate met pursuant to 

17   adjournment.  The Journal of Saturday, May 14th, 

18   was read and approved.  On motion, Senate 

19   adjourned.

20                THE PRESIDENT:   Without objection, 

21   the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   On page 39, 


                                                               2425

 1   Senator Avella moves to discharge, from the 

 2   Committee on Elections, Assembly Bill Number 

 3   7817 and substitute it for the identical Senate 

 4   Bill 6818, Third Reading Calendar 729.

 5                THE PRESIDENT:   Substitution so 

 6   ordered.

 7                Messages from the Governor.

 8                Reports of standing committees.

 9                Reports of select committees.

10                Communications and reports from 

11   state officers.

12                Motions and resolutions.

13                Senator DeFran.

14                SENATOR DeFRANCISCO:   Madam 

15   President, I request that the following bills be 

16   discharged from their respective committees and 

17   be recommitted with instructions to strike the 

18   enacting clause, all by Senator Flanagan:  

19   Senate Numbers 4216, 4217, 4218.

20                THE PRESIDENT:   So ordered.

21                SENATOR DeFRANCISCO:   I also move 

22   that the following bill by Senator LaValle, 

23   Senate Print 7576, be discharged from its 

24   respective committee and be recommitted with 

25   instructions to strike the enacting clause.


                                                               2426

 1                THE PRESIDENT:   So ordered.

 2                SENATOR DeFRANCISCO:   I now wish to 

 3   call up Senator LaValle's bill, Number 2926, 

 4   recalled from the Assembly, which is now at the 

 5   desk.

 6                THE PRESIDENT:   The Secretary will 

 7   read.

 8                THE SECRETARY:   Calendar Number 

 9   169, by Senator LaValle, Senate Print 2926, an 

10   act in relation to authorizing.

11                SENATOR DeFRANCISCO:   I now move to 

12   reconsider the vote by which this bill was 

13   passed.

14                THE PRESIDENT:   Call the roll on 

15   reconsideration.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 55.

18                SENATOR DeFRANCISCO:   Madam 

19   President, I now offer the following amendments.

20                THE PRESIDENT:   The amendments are 

21   accepted, and the bill is restored to its place 

22   on the Third Reading Calendar.

23                SENATOR DeFRANCISCO:   Next I wish 

24   to call up Senator LaValle's bill, Print 2928, 

25   recalled from the Assembly, which is now at the 


                                                               2427

 1   desk.

 2                THE PRESIDENT:   The Secretary will 

 3   read.

 4                THE SECRETARY:   Calendar Number 

 5   170, by Senator LaValle, Senate Print 2928, an 

 6   act in relation to authorizing.

 7                SENATOR DeFRANCISCO:   I now move to 

 8   reconsider the vote by which the bill was passed.

 9                THE PRESIDENT:   Call the roll on 

10   reconsideration.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 55.

13                THE PRESIDENT:   The bill is 

14   restored to its place on the Third Reading 

15   Calendar.

16                SENATOR DeFRANCISCO:   I now offer 

17   the following amendments.

18                THE PRESIDENT:   The amendments are 

19   received, and the bill retains its place on the 

20   Third Reading Calendar.

21                SENATOR DeFRANCISCO:   Next I wish 

22   to call up Senator Croci's bill, Number 3137B, 

23   recalled from the Assembly, which is now at the 

24   desk.

25                THE PRESIDENT:   The Secretary will 


                                                               2428

 1   read.

 2                THE SECRETARY:   Calendar Number 

 3   360, by Senator Croci, Senate Print 3137B, an act 

 4   to amend the Executive Law.

 5                SENATOR DeFRANCISCO:   I now move to 

 6   reconsider the vote by which this bill was 

 7   passed.

 8                THE PRESIDENT:   Call the roll on 

 9   reconsideration.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 55.

12                SENATOR DeFRANCISCO:   I now offer 

13   the following amendments.

14                THE PRESIDENT:   The amendments are 

15   received, and the bill retains its place on the 

16   Third Reading Calendar.

17                SENATOR DeFRANCISCO:   Madam 

18   President, on page 17 I offer the following 

19   amendments to Senator Marcellino's bill, 

20   Calendar Number 225, Senate Print 5795, and ask 

21   that said bill retain its place on the 

22   Third Reading Calendar.  

23                THE PRESIDENT:   So ordered.

24                SENATOR DeFRANCISCO:   Madam 

25   President, on page 19 I offer the following 


                                                               2429

 1   amendments to Senator Ritchie's bill, 

 2   Calendar Number 270, Senate Print 6756, and ask 

 3   that said bill retain its place on the 

 4   Third Reading Calendar.

 5                THE PRESIDENT:   So ordered.

 6                SENATOR DeFRANCISCO:   On page 32, I 

 7   offer the following amendments to Senator 

 8   Ranzenhofer's bill, Calendar Number 637, 

 9   Senate Print 6322, and ask that said bill retain 

10   its place on the Third Reading Calendar.

11                THE PRESIDENT:   So ordered.

12                SENATOR DeFRANCISCO:   And the 

13   following motion is, on page 37, I offer the 

14   following amendments to Calendar Number 714, 

15   Senator Ritchie's bill, Print 6222B, and ask that 

16   said bill retain its place on the Third Reading 

17   Calendar.

18                THE PRESIDENT:   So ordered.

19                SENATOR DeFRANCISCO:   Madam 

20   President, can we now take up previously adopted 

21   Resolution Number 5144, by Senator Amedore, read 

22   the title only, and call on Senator Amedore.

23                THE PRESIDENT:   The Secretary will 

24   read.

25                THE SECRETARY:   Legislative 


                                                               2430

 1   Resolution Number 5144, by Senator Amedore, 

 2   memorializing Governor Andrew M. Cuomo to 

 3   proclaim May 15-21, 2016, as Prevention Week in 

 4   New York State, in conjunction with the 

 5   observance of National Prevention Week.

 6                THE PRESIDENT:   Senator Amedore.

 7                SENATOR AMEDORE:   Thank you, Madam 

 8   President.  

 9                You know, this week is National 

10   Prevention Week, a time for communities to come 

11   together to increase awareness about substance 

12   abuse, problem gambling, mental health issues.  

13   Addiction comes in many shapes, but in one form 

14   or another it touches everyone in every community 

15   throughout the State of New York.

16                Here in New York we are doing 

17   everything possible that we need to do to tackle 

18   the issue of addiction, including the addiction 

19   of heroin and the crisis that we see throughout 

20   the State of New York with this.  We are doing 

21   everything we can to make sure that treatment and 

22   recovery services and options are available to 

23   those who need them the most, and the proper 

24   support systems are in place to help those at 

25   risk so they won't relapse.


                                                               2431

 1                Of course, prevention and awareness 

 2   are efforts that always are key to eradicating 

 3   any addiction problem.  So today we have on the 

 4   Senate chamber floor some of the great 

 5   organizations who are helping throughout all of 

 6   our communities in the prevention efforts.  Today 

 7   we have with us, from New York City, the 

 8   Prevention Resource Center.  We have BOCES 

 9   Educational Support Services.  We have 

10   Schenectady County Substance Prevention 

11   Coalition.  We have Hamilton-Fulton-Montgomery 

12   Prevention Council.  And we have OASAS.

13                Some of these groups are doing an 

14   outstanding job -- or all of these groups are 

15   doing an outstanding job.  And there are so many 

16   others throughout the state, but I don't think 

17   that the Senate floor would have been able to 

18   hold them all.  

19                But if you could all rise so we can 

20   see who you are and we can congratulate your 

21   strong effort, your tireless work, and your 

22   passion and love to help those throughout our 

23   communities in great need.

24                Now, this year the theme for 

25   National Prevention Week is "Strong as one, 


                                                               2432

 1   stronger together."  We all know one person can 

 2   make a difference in our community -- but when we 

 3   all work together in one common purpose, we can 

 4   achieve so much more.

 5                So thank you so much for all that 

 6   you have already achieved and the vision and the 

 7   love and the goals that you have to help all of 

 8   our constituents who struggle with addiction and 

 9   to hopefully prevent them from ever being bound 

10   by it.  Thank you all.

11                (Applause.)

12                THE PRESIDENT:   Mr. Floor Leader.

13                SENATOR DeFRANCISCO:   Yes, could we 

14   please open that resolution up for cosponsorship.

15                THE PRESIDENT:   The resolution is 

16   open for cosponsorship.  If you do not wish to be 

17   a cosponsor, please notify the desk.

18                SENATOR DeFRANCISCO:   Madam 

19   President, can we now introduce Senator Martins 

20   for an introduction of some very important 

21   people.

22                THE PRESIDENT:   Senator Martins.

23                SENATOR MARTINS:   Thank you, Madam 

24   President.

25                It's my honor to present our Cadet 


                                                               2433

 1   Squadron 288 from Nassau and Suffolk Counties, 

 2   members who are here with us today in the 

 3   gallery.  

 4                The Civil Air Patrol serves an 

 5   enormously important function.  They were formed 

 6   right at the beginning of World War II, and 

 7   through that period to today, they account for 

 8   90 percent of all the inland searches that exist 

 9   in our country.  An average of 75 people are 

10   saved per year as a result of the Civil Air 

11   Patrol's efforts.  

12                But most importantly, Madam 

13   President, I ask you to look up into the gallery 

14   and look at the young men and women who are here 

15   with us today and understand that these are kids 

16   who are in high school.  These are volunteers who 

17   are not only working and go along with the Civil 

18   Air Patrols as they patrol the areas on the 

19   coasts of Long Island and areas of New York 

20   State, but they're actively involved in their 

21   local communities.  

22                They work hard, they participate, 

23   and at a time when we have so few who volunteer 

24   for anything, how great is it to have a group of 

25   young men and women who not only care but care 


                                                               2434

 1   enough to volunteer and to give of themselves to 

 2   help others in an organized way.

 3                So we have members who came up 

 4   today, they've had the opportunity to tour the 

 5   Capitol, to meet with many of our members.  But 

 6   it is a proud moment for us -- certainly for me 

 7   and for my colleagues from Long Island and 

 8   throughout New York State -- to recognize these 

 9   young men, to thank them for being here.  

10                And in particular I want to take the 

11   opportunity to recognize two of these members who 

12   are from my district.  I have Cadet Master 

13   Sergeant David Giannitelli and Cadet Master 

14   Sergeant Matthew Ehrlein, who are both here.

15                Gentlemen, thank you very much for 

16   being here.  Godspeed.  You give us hope that 

17   there are people who are going to put the best 

18   interests of our communities and the country 

19   first and foremost as we go forward.  Thanks for 

20   joining us today.

21                Madam President, thank you for the 

22   opportunity.  And I know that I have my 

23   colleagues here from Long Island who would 

24   likewise like to recognize members from their 

25   communities as well.  


                                                               2435

 1                Thank you.

 2                THE PRESIDENT:   Senator Venditto.

 3                SENATOR VENDITTO:   Madam President, 

 4   thank you.  

 5                I would like to join my Senate 

 6   colleagues, of course, in welcoming the members 

 7   of the Civil Air Patrol who are joining us today, 

 8   and thank them for their service, for their 

 9   commitment, for all that they are putting into 

10   what they do.

11                You know, we're always looking for a 

12   bright spark to associate with our future.  And 

13   getting to meet all of you and feel and see that 

14   potential that you have inside, I think we can 

15   all agree that the future of our country is 

16   looking much brighter thanks to the work that you 

17   are doing.

18                You make us all proud to be 

19   Americans.  You certainly make people like me 

20   proud to be elected officials and preside over 

21   the communities which I do.  

22                So again, thank you.  Thank you all 

23   for being with us today.  I'd be honored to 

24   recognize actually seven of the members of the 

25   Civil Air Patrol who are joining us from the 


                                                               2436

 1   8th Senatorial District.  We have Jared Del 

 2   Orfano, from Merrick; Ricardo Gomez-Nieto, from 

 3   Bellmore; Esther Sherry, from Farmingdale; 

 4   Brendan Hondema, from Bellmore; Jacqueline 

 5   Rathjen, from Massapequa; Michael Pinna, from 

 6   Farmingdale; and Mark Del Orfano, from Merrick.  

 7                Once again, welcome to the chamber 

 8   today.  Thank you for the work that you're doing.  

 9   May God continue to bless you in that work in the 

10   greatest, most beautiful country in the world, 

11   the United States of America.  

12                Thank you, Madam President.  

13                THE PRESIDENT:   Mr. Floor Leader.

14                SENATOR DeFRANCISCO:   Could you 

15   please call on Senator Amedore to introduce 

16   another group of fine people.

17                THE PRESIDENT:   Senator Amedore.

18                SENATOR AMEDORE:   Thank you, Madam 

19   President.  

20                I want to introduce in the chamber, 

21   up in the gallery, a group of visiting students 

22   that drove up from Kingston, New York, today.  

23   And they are a group of students ranging in age 

24   of around 10 to 15 years old, and they are all 

25   home-schooled students who this past year have 


                                                               2437

 1   been learning all about civics.  And they're here 

 2   today to learn about what's going on and what we 

 3   do in state government and to get a tour of this 

 4   great building and to see all of us.  

 5                And so congratulations for your 

 6   field trip coming up.  And we've spent some time 

 7   talking about some of their vision and goals that 

 8   they have in life, and I commend all of you never 

 9   to give up.  And I hope the very best for you, 

10   because I know your future is very bright.

11                Thank you.

12                THE PRESIDENT:   Mr. Floor Leader.

13                SENATOR DeFRANCISCO:   Yes, thank 

14   you.  I believe we've handed up some committee 

15   assignments.

16                THE PRESIDENT:   The assignments are 

17   received and will be filed with the Journal.

18                Mr. Floor Leader.  

19                SENATOR DeFRANCISCO:   Madam 

20   President, I'd like to call an immediate meeting 

21   of the Rules Committee in Room 332.  Immediate 

22   meeting of Rules, Room 332.

23                THE PRESIDENT:   Immediate meeting 

24   of the Rules Committee in Room 332 of the 

25   Capitol.


                                                               2438

 1                The Senate will stand at ease.

 2                SENATOR DeFRANCISCO:   We will 

 3   remain at ease until we return, and we will 

 4   return very shortly if everyone leaves now.

 5                Thank you.

 6                (Whereupon, the Senate stood at ease 

 7   at 3:37 p.m.)

 8                (Whereupon, the Senate reconvened at 

 9   3:53 p.m.) 

10                ACTING PRESIDENT AKSHAR:   Mr. Floor 

11   Leader.

12                SENATOR DeFRANCISCO:   Yes, if we 

13   can return to reports of standing committees.

14                Has the Rules Committee report been 

15   presented to the desk yet?  

16                ACTING PRESIDENT AKSHAR:   Yes, it 

17   has.  

18                SENATOR DeFRANCISCO:   Would you 

19   read that report, please. 

20                ACTING PRESIDENT AKSHAR:   Reports 

21   of standing committees.  

22                The Secretary will read.

23                THE SECRETARY:   Senator Flanagan, 

24   from the Committee on Rules, reports the 

25   following bills:  


                                                               2439

 1                Senate Print 631, by Senator 

 2   Carlucci, an act to amend the Mental Hygiene Law; 

 3                Senate 2346, by Senator Seward, an 

 4   act to amend the Tax Law; 

 5                Senate 2484A, by Senator Gianaris, 

 6   an act to amend the Penal Law; 

 7                Senate 2641, by Senator Savino, an 

 8   act to amend the Penal Law; 

 9                Senate 2787, by Senator Parker, an 

10   act to amend the Public Health Law; 

11                Senate 3458B, by Senator Carlucci, 

12   an act to direct; 

13                Senate 3666, by Senator Savino, an 

14   act to amend the Penal Law; 

15                Senate 3805, by Senator Parker, an 

16   act to amend the Domestic Relations Law; 

17                Senate 5478, by Senator Griffo, an 

18   act to amend Chapter 19 of the Laws of 2014; 

19                Senate 5506A, by Senator Savino, an 

20   act to amend the Personal Property Law; 

21                Senate 5546A, by Senator Funke, an 

22   act to amend the Education Law;

23                Senate 6248B, by Senator Ortt, an 

24   act to amend the Mental Hygiene Law; 

25                Senate 6317, by Senator DeFrancisco, 


                                                               2440

 1   an act to amend the Criminal Procedure Law; 

 2                Senate 6632A, by Senator Croci, an 

 3   act to amend the Public Health Law; 

 4                Senate 6719, by Senator Murphy, an 

 5   act to amend the Public Health Law; 

 6                Senate 6962A, by Senator Hannon, an 

 7   act to amend the Insurance Law;

 8                Senate 7012, by Senator Ortt, an act 

 9   to amend the Penal Law; 

10                Senate 7187, by Senator Young, an 

11   act to amend Chapter 142 of the Laws of 2014; 

12                Senate 7200, by Senator Akshar, an 

13   act to amend the Penal Law; 

14                Senate 7315, by Senator Murphy, an 

15   act to amend the Mental Hygiene Law;

16                Senate 7317A, by Senator Murphy, an 

17   act to amend the Social Services Law;

18                Senate 7365, by Senator Akshar, an 

19   act to amend the Public Health Law;

20                Senate 7397, by Senator Murphy, an 

21   act to amend the Public Health Law; 

22                Senate 7446, by Senator Amedore, an 

23   act to amend the Mental Hygiene Law; 

24                And 7748A, by Senator Carlucci, an 

25   act to amend the Mental Hygiene Law.


                                                               2441

 1                All bills reported direct to third 

 2   reading.

 3                ACTING PRESIDENT AKSHAR:   Mr. Floor 

 4   Leader.

 5                SENATOR DeFRANCISCO:   Move to 

 6   accept the report of the Rules Committee.

 7                ACTING PRESIDENT AKSHAR:   All in 

 8   favor of accepting the report of the Rules 

 9   Committee signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT AKSHAR:   Opposed, 

12   nay.

13                (No response.)

14                ACTING PRESIDENT AKSHAR:   The 

15   report is accepted.

16                Mr. Floor Leader.

17                SENATOR DeFRANCISCO:   Could we 

18   please return to motions and resolutions and take 

19   up the previously adopted resolution by 

20   Senator Hannon, Number 3831, read the title only, 

21   and call on Senator Hannon.

22                ACTING PRESIDENT AKSHAR:   Motions 

23   and resolutions.  

24                The Secretary will read.

25                THE SECRETARY:   Legislative 


                                                               2442

 1   Resolution Number 3831, by Senator Hannon, 

 2   memorializing Governor Andrew M. Cuomo to 

 3   proclaim May 2016 as Stroke Awareness Month in 

 4   the State of New York.

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Hannon.

 7                SENATOR HANNON:   Thank you, 

 8   Mr. President.  

 9                Today we just wanted to note that 

10   Stroke Awareness Month is this month, the month 

11   of May.  Stroke awareness is the fifth leading 

12   cause of death in the United States, killing over 

13   129,000 people each year.  

14                We're visited today by members of 

15   the lobbying group for the American Heart 

16   Association, including Bob Elling, who is chair 

17   of their advocacy committee and an EMS advocate 

18   for years, lives here in the Albany area; along 

19   with Dr. Colum Amory, from the Albany Medical 

20   Center, who told us of some exciting new 

21   procedures that are literally 30 times more 

22   efficient in saving people's lives and actually 

23   curing them of the defects of stroke.

24                So that what we're trying to do is 

25   get some awareness for a bill that Senator Murphy 


                                                               2443

 1   is carrying in this house that would lead to that 

 2   adoption and improvement on a voluntary basis and 

 3   help save lives.  And so we just wanted to thank 

 4   the people who are advocating for this today.

 5                Thank you.

 6                ACTING PRESIDENT AKSHAR:   Thank 

 7   you, Senator.

 8                Mr. Floor Leader.

 9                SENATOR DeFRANCISCO:   Can we please 

10   open this resolution for cosponsorship.

11                ACTING PRESIDENT AKSHAR:   The 

12   resolution is open for cosponsorship.  If you do 

13   not wish to cosponsor, you should notify the 

14   desk.

15                SENATOR DeFRANCISCO:   Thank you.

16                Can we now take up Senator Bonacic's 

17   resolution, Number 4907, read the title only, and 

18   call on Senator Bonacic.

19                ACTING PRESIDENT AKSHAR:   The 

20   Secretary will read.

21                THE SECRETARY:   Legislative 

22   Resolution Number 4907, by Senator Bonacic, 

23   memorializing Governor Andrew M. Cuomo to 

24   proclaim May 15-17, 2016, as the 81st Annual 4-H 

25   Capital Days in the State of New York.


                                                               2444

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   Bonacic.

 3                SENATOR BONACIC:   Thank you, 

 4   Mr. President.  

 5                I'm pleased to rise today to report 

 6   that I had plenty of young farmers in training 

 7   visiting with me from Orange County, Sullivan 

 8   County, Delaware County, and Ulster County.  And, 

 9   you know, we're all striving to keep the 

10   agricultural industry strong and alive in spite 

11   of what our Governor has been doing.  And I asked 

12   them, "Do you have an interest in going into 

13   farming?"  Because what we're hearing is many of 

14   the younger generation wants to do something else 

15   because it's so difficult farming.  

16                And when we look at our agricultural 

17   industry, for every farmer that's over 75 years 

18   of age, there's one farmer under 30 years of age.  

19   So we know we want to have more farmers.  So I 

20   asked them, "Are you interested in staying in 

21   farming?"  And I was surprised -- the majority of 

22   them said yes.  

23                And in the 4-H they learn about the 

24   care of animals, they learn responsibility, they 

25   learn a work ethic, they learn respect for the 


                                                               2445

 1   land.

 2                And as a result, this resolution is 

 3   statewide for all 4-H youth that are in our 

 4   districts throughout the state.  I'm here to 

 5   welcome them and thank them very much for all 

 6   that they do within the 4-H community.

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT AKSHAR:   Thank 

 9   you, Senator Bonacic.

10                Mr. Floor Leader.

11                SENATOR DeFRANCISCO:   Could we 

12   please open that resolution up for cosponsorship.

13                ACTING PRESIDENT AKSHAR:   The 

14   resolution is open for cosponsorship.  If you do 

15   not wish to be a cosponsor, please notify the 

16   desk.  

17                SENATOR DeFRANCISCO:   Can you 

18   please now call on Senator Hamilton to introduce 

19   a group of members from the Asian Civilian 

20   Observation Patrol.

21                ACTING PRESIDENT AKSHAR:   Senator 

22   Hamilton.

23                SENATOR HAMILTON:   Yes, 

24   Mr. President, I rise with pleasure today to 

25   introduce a group of volunteers from the 


                                                               2446

 1   20th Senatorial District in Kings County -- God's 

 2   country -- which is one of the most premier 

 3   patrol groups in Brooklyn.  And it's the Brooklyn 

 4   Asian Civilian Observation Patrol.

 5                And they do this patrol out of the 

 6   goodness of their heart.  They don't get paid to 

 7   do this.  They have long hours in the community, 

 8   and they have tours from 7 p.m. to 4 a.m. in the 

 9   morning.  We have one of the largest growing 

10   immigrant populations from China in our district, 

11   and they are the link between the police 

12   department and the Asian community.  

13                And I want to thank all my brothers 

14   up there -- ni hao ma -- and to Captain Louie Lou 

15   for doing a phenomenal job in the community.  

16   Every time we have an event, they're always there 

17   in the park, they're always there on the street.  

18   And they patrol the street.  And they don't have 

19   guns, but they apprehend criminals.  

20                And they have one of the quickest 

21   response times of any local civilian patrol.  

22   Within one minute -- no, one hour -- no, one 

23   minute, sorry, one minute of them making a call 

24   to the precincts -- they actually work with five 

25   precincts in Brooklyn.  And within a minute of 


                                                               2447

 1   them making a telephone call, they have 

 2   coordinated and synchronized with the NYPD to 

 3   apprehend people.

 4                So I just commend them for putting 

 5   their lives on the line to protect us, to keep us 

 6   safe, and for doing a great job.  

 7                And we just want to congratulate you 

 8   on keep doing the hard work that you're doing in 

 9   the community, and we thank you for that.  Xie 

10   xie.

11                (Applause.)

12                ACTING PRESIDENT AKSHAR:   Thank 

13   you, Senator Hamilton.

14                Mr. Floor Leader.

15                SENATOR DeFRANCISCO:   Yes, would 

16   you now take up the noncontroversial reading of 

17   the calendar.

18                ACTING PRESIDENT AKSHAR:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 62, 

21   by Senator Addabbo, Senate Print 4233C, an act to 

22   amend the Education Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2448

 1   act shall take effect on the first of July.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT AKSHAR:   Announce 

 6   the result.

 7                THE SECRETARY:   Ayes, 59.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   226, by Senator Marcellino, Senate Print 6514, an 

12   act to amend the Education Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT AKSHAR:   Announce 

21   the result.

22                THE SECRETARY:   Ayes, 59.

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2449

 1   301, by Senator Klein, Senate Print 1356, an act 

 2   to amend the Penal Law.

 3                ACTING PRESIDENT AKSHAR:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 6.  This 

 6   act shall take effect on the first of November.

 7                ACTING PRESIDENT AKSHAR:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT AKSHAR:   Announce 

11   the result.

12                THE SECRETARY:   In relation to 

13   Calendar Number 301, those recorded in the 

14   negative are Senators Comrie, Hamilton, 

15   Hassell-Thompson, Hoylman, Krueger, Montgomery, 

16   Perkins, Persaud, Rivera, Sanders and Squadron.

17                Ayes, 48.  Nays, 11.  

18                ACTING PRESIDENT AKSHAR:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   372, by Senator Comrie, Senate Print 4945, an act 

22   to amend the Agriculture and Markets Law.

23                ACTING PRESIDENT AKSHAR:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               2450

 1   act shall take effect immediately.

 2                ACTING PRESIDENT AKSHAR:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   378, by Senator Marcellino, Senate Print 422, an 

10   act to amend the Penal Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the first of November.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Announce 

19   the results.

20                THE SECRETARY:   In relation to 

21   Calendar 378, those recorded in the negative are 

22   Senators Comrie, Dilan, Gianaris, Hamilton, 

23   Hoylman, Krueger, Montgomery, Parker, Peralta, 

24   Perkins, Persaud, Rivera, Serrano and Squadron.

25                Ayes, 45.  Nays, 14.


                                                               2451

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   427, by Senator Griffo, Senate Print 2720, an act 

 5   to amend the Penal Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 5.  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:   Announce 

14   the result.

15                THE SECRETARY:   In relation to 

16   Calendar 427, those recorded in the negative are 

17   Senators Comrie, Dilan, Hassell-Thompson, 

18   Hoylman, Krueger, Montgomery, Parker, Perkins, 

19   Persaud, Rivera, Sanders, Serrano and Squadron.  

20   Also Senator Montgomery.  Also Senator Peralta.

21                Ayes, 44.  Nays, 15.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   442, by Senator Little, Senate Print 6088A, an 


                                                               2452

 1   act to amend the Correction Law.

 2                ACTING PRESIDENT AKSHAR:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  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:   Announce 

10   the result.

11                THE SECRETARY:   Ayes, 58.  Nays, 1.  

12   Senator Comrie recorded in the negative.

13                ACTING PRESIDENT AKSHAR:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   443, by Senator Farley, Senate Print 6849, an act 

17   to amend the Correction Law.

18                ACTING PRESIDENT AKSHAR:   Read the 

19   last section.

20                THE SECRETARY:   Section 3.  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:   Announce 


                                                               2453

 1   the result.

 2                THE SECRETARY:   Ayes, 57.  Nays, 2.  

 3   Senators Comrie and Montgomery recorded in the 

 4   negative.

 5                ACTING PRESIDENT AKSHAR:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   472, by Senator LaValle, Senate Print 2099, an 

 9   act to amend the Criminal Procedure 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                THE SECRETARY:   In relation to 

18   Calendar 472, those recorded in the negative are 

19   Senators Comrie, Dilan, Krueger, Montgomery, 

20   Perkins and Rivera.  Also Senator Hoylman.

21                Ayes, 52.  Nays, 7.

22                ACTING PRESIDENT AKSHAR:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   478, by Senator Ritchie, Senate Print 3104, an 


                                                               2454

 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:   Announce 

10   the result.

11                THE SECRETARY:   In relation to 

12   Calendar 478, those recorded in the negative are 

13   Senators Dilan, Hoylman, Krueger, Perkins and 

14   Squadron.  Also Senator Comrie.

15                Ayes, 53.  Nays, 6.

16                ACTING PRESIDENT AKSHAR:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   527, by Senator Martins, Senate Print 4879C, an 

20   act in relation to permitting.

21                ACTING PRESIDENT AKSHAR:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT AKSHAR:   Call the 


                                                               2455

 1   roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT AKSHAR:   Announce 

 4   the result.

 5                THE SECRETARY:   Ayes, 57.  Nays, 2.  

 6   Senators Bonacic and Larkin recorded in the 

 7   negative.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   585, by Senator Lanza, Senate Print 3316A, an act 

12   to amend the Tax Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the first of April.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   In relation to 

21   Calendar 585, those recorded in the negative are  

22   Senators Dilan, Hamilton, Hoylman, Krueger, 

23   Parker, Perkins, Sanders and Squadron.  Also 

24   Senator Montgomery.  

25                Ayes, 50.  Nays, 9.


                                                               2456

 1                ACTING PRESIDENT AKSHAR:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   604, by Senator Venditto, Senate Print 4778A, an 

 5   act to amend the General Business Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                SENATOR DeFRANCISCO:   Lay the bill 

 9   aside for the day.

10                ACTING PRESIDENT AKSHAR:   The bill 

11   is laid aside for the day.

12                THE SECRETARY:   Calendar Number 

13   634, by Senator O'Mara, Senate Print 7197, an act 

14   to amend the Environmental Conservation 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:   Senator 

23   LaValle to explain his vote.

24                SENATOR LaVALLE:   Mr. President, to 

25   explain my vote.


                                                               2457

 1                Within the last 10 months or so, I 

 2   had the opportunity of meeting with the 

 3   fishermen, commercial fishermen out off of 

 4   Dune Road.  And one of the things that we talked 

 5   about is the reports that the DEC requests our 

 6   fishermen to fill out.

 7                And I was also informed that this 

 8   information that is supposed to help the DEC set 

 9   size limitations, those are put into a box -- 

10   what the fishermen fill out -- put in a box and 

11   those boxes are put down in a basement or a 

12   storehouse without anyone looking at them.

13                As many of you know, over the years 

14   I have voted no on these bills dealing with fish 

15   because it affects the commercial fishermen.  And 

16   it should be based on something -- on some 

17   science, on some statistics.  And at this meeting 

18   I was like my feet weren't on the ground, and I 

19   said:  "I knew I was right in voting no on those 

20   bills."  Because it was based on nothing, on 

21   nothing but someone just saying "Well, I think, 

22   you know, it should be this size or that size."

23                And so, Senator O'Mara, I -- not 

24   here.  

25                (Laughter.)


                                                               2458

 1                SENATOR LaVALLE:   I just am not 

 2   voting no to be indifferent or contrary, but I'm 

 3   basing it now on the evidence I had with the 

 4   meeting of my commercial fishermen.  So I vote 

 5   both no on this bill and the next one.

 6                Mr. President, I vote no.

 7                ACTING PRESIDENT AKSHAR:   Senator 

 8   LaValle, you'll be recorded in the negative.

 9                Announce the results.

10                THE SECRETARY:   Those recorded in 

11   the negative on Calendar 634 are Senators 

12   Hassell-Thompson and LaValle.

13                Ayes, 57.  Nays, 2.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   635, by Senator O'Mara, Senate Print 7222, an act 

18   to amend Chapter 305 of the Laws of 2013.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2459

 1                ACTING PRESIDENT AKSHAR:   Announce 

 2   the result.

 3                THE SECRETARY:   Ayes, 57.  Nays, 2.  

 4   Senators Hassell-Thompson and LaValle recorded in 

 5   the negative.

 6                ACTING PRESIDENT AKSHAR:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   676, by Senator Golden, Senate Print 783, an act 

10   to amend the Executive Law.

11                ACTING PRESIDENT AKSHAR:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the first of January.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT AKSHAR:   Announce 

19   the result.

20                THE SECRETARY:   Ayes, 59.

21                ACTING PRESIDENT AKSHAR:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   687, by Senator Young, Senate Print 3013, an act 

25   to amend the Tax Law.


                                                               2460

 1                ACTING PRESIDENT AKSHAR:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT AKSHAR:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 687, those recorded in the 

10   negative are Senators Comrie, Dilan, Gianaris, 

11   Hassell-Thompson, Hoylman, Krueger, Montgomery, 

12   Parker, Perkins, Rivera, Serrano and Squadron.

13                Ayes, 47.  Nays, 12.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   701, by Senator Lanza, Senate Print 7109, an act 

18   to amend Chapter 890 of the Laws of 1982.

19                ACTING PRESIDENT AKSHAR:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT AKSHAR:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2461

 1                ACTING PRESIDENT AKSHAR:   Announce 

 2   the result.

 3                THE SECRETARY:   Ayes, 59.

 4                ACTING PRESIDENT AKSHAR:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   704, by Senator Lanza, Senate Print 7332, an act 

 8   to amend Chapter 306 of the Laws of 2011.

 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:   Ayes, 59.

19                ACTING PRESIDENT AKSHAR:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   711, by Senator Robach, Senate Print 1963, an act 

23   to amend the Correction Law.

24                SENATOR GIANARIS:   Lay it aside.

25                ACTING PRESIDENT AKSHAR:   The bill 


                                                               2462

 1   is laid aside.

 2                THE SECRETARY:   Calendar Number 

 3   717, by Senator Young, Senate Print 6259, an act 

 4   to amend the Real Property Actions and 

 5   Proceedings Law.

 6                ACTING PRESIDENT AKSHAR:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  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:   Announce 

14   the result.

15                THE SECRETARY:   Ayes, 58.  Nays, 1.  

16   Senator Perkins recorded in the negative.

17                ACTING PRESIDENT AKSHAR:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   718, by Senator Lanza, Senate Print 2544, an act 

21   to amend the Not-For-Profit Corporation Law.

22                ACTING PRESIDENT AKSHAR:   Read the 

23   last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect immediately.


                                                               2463

 1                ACTING PRESIDENT AKSHAR:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT AKSHAR:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   719, by Senator Lanza, Senate Print 3391, an act 

 9   to amend Chapter 47 of the Laws of 1931.

10                ACTING PRESIDENT AKSHAR:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect upon the enactment into 

14   law.

15                ACTING PRESIDENT AKSHAR:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 59.

19                ACTING PRESIDENT AKSHAR:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   729, substituted earlier by Member of the 

23   Assembly Cusick, Assembly Print 7817, an act to 

24   amend the Election Law.

25                ACTING PRESIDENT AKSHAR:   Read the 


                                                               2464

 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                THE SECRETARY:   Ayes, 59.

 8                ACTING PRESIDENT AKSHAR:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   730, by Senator Savino, Senate Print 6833A, an 

12   act to amend the Election Law.

13                ACTING PRESIDENT AKSHAR:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT AKSHAR:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 57.  Nays, 2.  

21   Senators Croci and DeFrancisco recorded in the 

22   negative.

23                ACTING PRESIDENT AKSHAR:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2465

 1   739, by Senator Gallivan, Senate Print 6309, an 

 2   act to authorize.

 3                ACTING PRESIDENT AKSHAR:   There is 

 4   a home-rule message at the desk.

 5                The Secretary will read.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT AKSHAR:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.

12                ACTING PRESIDENT AKSHAR:   The bill 

13   is passed.

14                Mr. Floor Leader, that completes the 

15   noncontroversial reading of the calendar.

16                SENATOR DeFRANCISCO:   Would you 

17   please take up the controversial reading.

18                ACTING PRESIDENT AKSHAR:   The 

19   Secretary will ring the bell.

20                The Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   711, by Senator Robach, Senate Print 1963, an act 

23   to amend the Correction Law.

24                ACTING PRESIDENT AKSHAR:   Senator 

25   Sanders.


                                                               2466

 1                SENATOR SANDERS:   Thank you, 

 2   Mr. President.

 3                Will the sponsor yield to a 

 4   question?  

 5                ACTING PRESIDENT AKSHAR:   Will you 

 6   yield to a question?  

 7                SENATOR ROBACH:   I certainly will.

 8                SENATOR SANDERS:   It's common 

 9   knowledge that good time credit in prison reduces 

10   infractions in prison and therefore reduces 

11   violence, and that some of the major people who 

12   are behind good time are actually the prison 

13   unions.

14                I'm trying to find why this bill -- 

15   why would we get rid of or hurt that system which 

16   is helping to reduce the violence in prison?  

17   Some have said, of course, that it has to do with 

18   keeping bodies in prison so that the prisons 

19   can -- so that they can keep jobs.  I refuse to 

20   believe that that's the reason for this.  There 

21   must be some more.  

22                So I'm asking the sponsor if he 

23   would give me a reason for this.  

24                Thank you, Mr. President.

25                SENATOR ROBACH:   Absolutely, 


                                                               2467

 1   Senator Sanders.  And good question.  

 2                You are right in your remarks.  This 

 3   has nothing to do with employment but really has 

 4   come from several high-profile cases directly in 

 5   Monroe County, but we know it's going on all 

 6   across the state.  

 7                Where we do think time should be off 

 8   for good behavior, but it should start at 

 9   100 percent of your time and live up to what the 

10   Department of Corrections says, which is that 

11   just for violent felons, that every violent 

12   felon -- and I quote right from DOCCS's press 

13   release -- does 80 percent of their time 

14   100 percent of the time.  That is absolutely a 

15   falsehood.

16                We have had very violent predicate 

17   felons released into my community at 60 percent, 

18   50 percent of their time, who have gone out and 

19   killed and revictimized more people.  And these 

20   are the most violent of violent offenders.  

21                So while I'd like them to be 

22   eligible for some good time, I believe it is a 

23   statement of criminal justice to stop more 

24   recidivism, to make less victims as well as be 

25   fair to those families and those who have already 


                                                               2468

 1   been victimized.  

 2                These people should be doing 

 3   80 percent of their time, which ironically is 

 4   what people in state government who run these 

 5   facilities are saying they're doing now.  But we 

 6   know from activities, murders, additional rapes, 

 7   that's actually not being utilized while it's 

 8   being talked about.  

 9                This bill would put into statute 

10   what they're saying they're doing, by their own 

11   words and actions.  And I think this would be a 

12   very good bill.  This is not about whether jail 

13   is good or bad.  This is the most violent people 

14   and should they serve 80 percent of their 

15   sentence, which has been suggested, will that 

16   lead to more incarceration at will.  But what it 

17   will lead to more is a fairer system and less 

18   people being victimized.  

19                This isn't Rockefeller drug laws, 

20   this isn't nonviolent felons.  This is violent 

21   felons, oftentimes predicate felons.  And I don't 

22   want to give you too lengthy of an answer.  I 

23   would have liked to make this bill even bigger.  

24                One case in Rochester where they 

25   had -- an already previous shooter got stopped, 


                                                               2469

 1   they didn't revoke his parole.  Six days later he 

 2   shot six people, one of whom died -- which wasn't 

 3   the person he was trying to kill -- in a very 

 4   good nice establishment where people were there, 

 5   most of them, to listen to music, have a good 

 6   time and relax.  

 7                So the purpose of this really is to 

 8   balance the scales of justice back to a little 

 9   more fairness for our most violent.  And again, I 

10   think there's so much frustration from victims' 

11   rights groups, people at every level of 

12   government, because they keep being told that 

13   we're imagining this because, again, it's being 

14   told to them that 100 percent of the time 

15   80 percent of the time is being done for violent 

16   felons.  That's just not the case.  

17                We want to put it into statute so 

18   there can be a little iron in the words they're 

19   saying and that really can occur.

20                SENATOR SANDERS:   Will the sponsor 

21   yield for a question?

22                ACTING PRESIDENT AKSHAR:   Senator 

23   Robach, do you continue to yield?  

24                SENATOR ROBACH:   I will.  

25                SENATOR SANDERS:   Has the sponsor 


                                                               2470

 1   done any type of study on -- everything we do has 

 2   a positive and a negative.  Have you weighed to 

 3   see getting rid of good time, will that do more 

 4   damage than this?  

 5                I agree with you some of these 

 6   crimes are horrendous, and we need to do 

 7   something about it.

 8                SENATOR ROBACH:   This would simply 

 9   say -- I haven't done any research other than to 

10   work with the community, victims, and pay 

11   attention to what's going on.  

12                All's this says is good time won't 

13   start till 80 percent of the time.  I can tell 

14   you what research I've done is people don't care 

15   how good people are in jail or what model inmate 

16   they are when they're let out at 50 percent of 

17   their sentence, after they've already killed one 

18   person, and now kill a number of others.

19                The only way I can say it, Senator 

20   Sanders, is this.  No one knows what somebody is 

21   going to do the first time, regardless of what 

22   the motivation is.  But as a system, we do have 

23   to take some responsibility for what we do the 

24   second time.

25                And I would even go further to say 


                                                               2471

 1   in my book, in my estimation, I would think many 

 2   of the sentences these people get, considering 

 3   the havoc they've wreaked on families, 

 4   communities, sometimes whole neighborhoods, I 

 5   think their sentences are too short to begin 

 6   with.  But then to compound that and let them out 

 7   at half the time and let good behavior or other 

 8   things kick in -- I almost think it's the 

 9   opposite.  I think that there's a little quota 

10   going on that we're letting out some violent 

11   people for the first time so we can let a certain 

12   amount of people out to save money at the expense 

13   of public safety.  And I think that's a bad 

14   mistake.

15                So again, this really would say -- 

16   not take away any of the things you're talking 

17   about, but say for our most violent predicate 

18   felons, that won't kick in until they've served 

19   80 percent of their time before they can become 

20   eligible for those programs.

21                And we've done bills like this 

22   before.  We've had some inmates who are in life 

23   for multiple life sentences in a family 

24   reunification program.  Why spend the tax 

25   dollars, why do you do that when they're never 


                                                               2472

 1   getting out?  To me, this is just another one of 

 2   those.  

 3                The punishment has to fit the crime.  

 4   But more importantly, it's our job, the second 

 5   time around, to make sure we can save the public.  

 6   We're trying to strike that right balance and 

 7   make sure no one gets victimized again to the 

 8   best of our ability.

 9                SENATOR SANDERS:   I thank the 

10   sponsor.  

11                Mr. President, I believe that the 

12   sponsor's ideas are quite fitting in one sense.  

13   I share the --

14                ACTING PRESIDENT AKSHAR:   Are you 

15   on the bill, Senator Sanders?

16                SENATOR SANDERS:   On the bill.  I'm 

17   sorry, on the bill.  

18                I share the outrage of the sponsor 

19   on many of these points.  However, I think that 

20   we're going to make the prison guard situation 

21   even more dangerous.  Good time is one of their 

22   main inducements that they use to make sure that 

23   people behave themselves in prison.

24                I think that that and, while we may 

25   stop one or two, I think that we're making it 


                                                               2473

 1   more dangerous for hundreds more.  So under those 

 2   conditions, I'm going to vote no on this one, 

 3   sir.

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT AKSHAR:   Senator 

 6   Sanders to be recorded in the negative.  

 7                Are there any other members wishing 

 8   to be heard?

 9                Seeing none, the debate is closed.  

10   The Secretary will ring the bell.

11                Read the 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:   Senator 

18   Montgomery to explain her vote.

19                SENATOR MONTGOMERY:   Yes, thank 

20   you, Mr. President.  I just want to explain my 

21   vote.  

22                I will be voting no on this bill.  

23   And I just want to remind Senator Robach that 

24   there is already in place a major rationale for 

25   keeping people in prison far beyond the time that 


                                                               2474

 1   they would ordinarily be eligible for parole, and 

 2   that is the use of -- the excuse of instant 

 3   offense.  So your bill just adds one more layer 

 4   to that issue and denies people who would 

 5   otherwise be eligible for parole.

 6                And I also want to just remind my 

 7   colleagues that the fact of the matter is most of 

 8   the people who are admitted into prison, who come 

 9   into prison in any given year right now are 

10   people who violated technical parole issues.  

11   They did not commit new crimes.

12                So we have now created in our state 

13   a problem with recidivism that is not related to 

14   new crimes but is related to people who are 

15   returned to prison because of so-called technical 

16   violations.  That is a statistic that comes from 

17   the Department of Corrections themselves.

18                So I am going to vote no on this 

19   legislation because I do not believe it addresses 

20   the issue that you may be trying to talk about, 

21   using instances outside of the prison to come up 

22   with an excuse for denying people -- one more 

23   excuse for denying people parole when they should 

24   actually ordinarily be eligible for it.

25                So I vote no, Mr. President.


                                                               2475

 1                ACTING PRESIDENT AKSHAR:   Senator 

 2   Montgomery to be recorded in the negative.

 3                Announce the result.

 4                THE SECRETARY:   In relation to 

 5   Calendar 711, those recorded in the negative are 

 6   Senators Comrie, Dilan, Gianaris, Hamilton, 

 7   Hassell-Thompson, Hoylman, Krueger, Montgomery, 

 8   Parker, Perkins, Rivera, Sanders, Squadron and 

 9   Stavisky.

10                Absent from voting:  Senators 

11   Espaillat, Larkin, Marchione, Panepinto and 

12   Savino.

13                Ayes, 40.  Nays, 14.

14                ACTING PRESIDENT AKSHAR:   The bill 

15   is passed.

16                Floor Leader, that completes the 

17   controversial reading of the calendar.

18                SENATOR DeFRANCISCO:   Is there any 

19   further business at the desk?  

20                ACTING PRESIDENT AKSHAR:   There is 

21   not.

22                SENATOR DeFRANCISCO:   There being 

23   none, I move to adjourn until tomorrow, Tuesday, 

24   May 17th, at 3:00 p.m.

25                ACTING PRESIDENT AKSHAR:   On 


                                                               2476

 1   motion, the Senate stands adjourned until 

 2   Tuesday, May 17th, at 3:00 p.m.

 3                (Whereupon, at 4:34 p.m., the Senate 

 4   adjourned.)

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