Regular Session - February 28, 2018

                                                                   711

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 28, 2018

11                     11:14 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


                                                               712

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

 2                ACTING PRESIDENT CROCI:   The Senate 

 3   will come to order.  

 4                I ask everyone present to please 

 5   rise and recite with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT CROCI:   In the 

 9   absence of clergy, I would ask everyone to please 

10   observe a moment of silence.  

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT CROCI:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Tuesday, 

16   February 27th, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, 

18   February 26th, was read and approved.  On motion, 

19   Senate adjourned.

20                ACTING PRESIDENT CROCI:   Without 

21   objection, 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 10, Senator 


                                                               713

 1   Alcantara moves to discharge, from the Committee 

 2   on Rules, Assembly Bill Number 9034 and 

 3   substitute it for the identical Senate Bill 7282, 

 4   Third Reading Calendar 10.

 5                On page 10, Senator Kavanagh moves 

 6   to discharge, from the Committee on Rules, 

 7   Assembly Bill Number 8986 and substitute it for 

 8   the identical Senate Bill 7284, Third Reading 

 9   Calendar 12.

10                On page 10, Senator Kavanagh moves 

11   to discharge, from the Committee on Rules, 

12   Assembly Bill Number 8929 and substitute it for 

13   the identical Senate Bill 7296, Third Reading 

14   Calendar 24.

15                On page 10, Senator Croci moves to 

16   discharge, from the Committee on Rules, 

17   Assembly Bill Number 8919 and substitute it for 

18   the identical Senate Bill 7315, Third Reading 

19   Calendar 43.

20                And on page 41, Senator Murphy moves 

21   to discharge, from the Committee on Commerce and 

22   Economic Development, Assembly Bill Number 9052 

23   and substitute it for the identical Senate Bill 

24   7608, Third Reading Calendar 436.

25                ACTING PRESIDENT CROCI:   The 


                                                               714

 1   substitutions are ordered.

 2                Messages from the Governor.

 3                Reports of standing committees.

 4                Reports of select committees.

 5                Communications and reports from 

 6   state officers.

 7                Motions and resolutions.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes.  On 

10   page 32, I offer the following amendments to 

11   Calendar Number 348, Senate Print 7372, by 

12   Senator Gallivan, and ask that said bill retain 

13   its place on the Third Reading Calendar.

14                ACTING PRESIDENT CROCI:   The 

15   amendments are received, and the bill retains its 

16   place on the Third Reading Calendar.  

17                May we have some order in the house, 

18   please.  Thank you.

19                Senator DeFrancisco.  

20                SENATOR DeFRANCISCO:   I now move to 

21   adopt the Resolution Calendar.

22                ACTING PRESIDENT CROCI:   All in 

23   favor of adopting the Resolution Calendar signify 

24   by saying aye.

25                (Response of "Aye.")


                                                               715

 1                ACTING PRESIDENT CROCI:   Opposed, 

 2   nay.

 3                (No response.)

 4                ACTING PRESIDENT CROCI:   The 

 5   Resolution Calendar is adopted.

 6                SENATOR DeFRANCISCO:   Could we now 

 7   take up previously adopted Resolution 3389, by 

 8   Senator Marchione, read the title only, and call 

 9   on Senator Marchione to speak.

10                ACTING PRESIDENT CROCI:   The 

11   Secretary will read.

12                THE SECRETARY:   Legislative 

13   Resolution Number 3389, by Senator Marchione, 

14   commending James W. Murphy upon the occasion of 

15   his retirement after 28 years of distinguished 

16   service as a Sergeant-at-Arms of the New York 

17   State Senate.

18                ACTING PRESIDENT CROCI:   Senator 

19   Marchione.

20                SENATOR MARCHIONE:   Thank you, 

21   Mr. President.  

22                I rise to speak on my resolution 

23   honoring James Murphy upon his retirement after 

24   28 years of distinguished, honorable service as a 

25   Sergeant-at-Arms here in the New York State 


                                                               716

 1   Senate.

 2                Mr. Murphy officially retired from 

 3   the position on Sunday, December 31, 2017, and we 

 4   have missed him ever since.

 5                Growing up here in the Capital 

 6   Region, James Murphy graduated from Albany High 

 7   School, enlisted in the United States Marine 

 8   Corps, and valiantly served our country during 

 9   the Korean War.  

10                Upon the completion of his military 

11   services, James Murphy attended Siena College, 

12   earning a bachelor of science degree in 

13   accounting.  James Murphy is married to Mary 

14   Knapp, and they were married on May 31, 1958, and 

15   raised three children.  

16                Jim began his illustrious career as 

17   a Sergeant-at-Arms here in the New York State 

18   Senate in January of 1990, prior to which he 

19   worked for the Internal Revenue Service for 

20   27 years.  

21                He is a devout member of his church 

22   in Colonie, where he previously served as a 

23   religious education leader.  In addition, he was 

24   a Little League coach in Colonie and an assistant 

25   coach in East Greenbush.  A true asset to his 


                                                               717

 1   community, Jim Murphy is a member of the American 

 2   Legion, and he served as post commander three 

 3   times.

 4                With Jim throughout of course have 

 5   been his wife, Mary, and their three children, 

 6   James E., Dolores and Ann, and a grandson, Ryan 

 7   James.

 8                In his capacity as Sergeant-at-Arms, 

 9   James Murphy always served this body, this 

10   chamber with loyalty, honor and distinction.  He 

11   helped ensure that the New York State Senate 

12   remained true to its traditions and time-honored 

13   commitment to democracy and serving every citizen 

14   of our great state.

15                Strength, leadership, and 

16   commitment:  These were the hallmarks of James 

17   Murphy's lifetime of service and dedication to 

18   others as Senate Sergeant-at-Arms.  

19                Jim is joining us today, he is on 

20   the Senate floor, and I would ask him to rise.  

21   Mr. President and my colleagues, please join me 

22   as we congratulate our good friend Jim Murphy on 

23   his retirement after 28 years of distinguished 

24   service.

25                (Standing ovation.)


                                                               718

 1                ACTING PRESIDENT CROCI:   Senator 

 2   Breslin.

 3                SENATOR BRESLIN:   Thank you very 

 4   much, Mr. President.  

 5                It's a wonderful pleasure to stand 

 6   up and salute my dear friend of many years, Jim 

 7   Murphy, who has an extraordinary background and 

 8   an exemplary career here among us for 28 years.  

 9                And Jim and I had the pleasure of 

10   sitting next to each other at Siena games.  I 

11   tended to be, at times, a legal advisor.  And we 

12   shared many, many stories together.  And he 

13   invited me to be the speaker at the Retired 

14   Internal Revenue Agents Society -- a very 

15   exciting group, I might add.  

16                (Laughter.)

17                SENATOR BRESLIN:   But I have never 

18   seen anyone on this floor do what you've done on 

19   a daily basis, Jim, to in a quiet way show your 

20   integrity, show your professionalism, and be the 

21   role model for what should happen on this floor.  

22                It is such an honor to see you here 

23   with your wife, Mary, and the three kids.  

24   Generally I see the kids at Siena games as we 

25   walk out after another defeat.  


                                                               719

 1                (Laughter.)

 2                SENATOR BRESLIN:   But you being 

 3   here, I think every one of the Sergeant-at-Arms 

 4   are saluting the fact that you represent them.

 5                Congratulations.  Godspeed.  

 6                (Applause.)  

 7                ACTING PRESIDENT CROCI:   Senator 

 8   and fellow Marine Senator Sanders.

 9                SENATOR SANDERS:   Thank you, 

10   Mr. President.

11                I hold in my hand a direct order 

12   from the Governor overturning this retirement.  

13                (Laughter.)

14                SENATOR SANDERS:   With the 

15   permission of the Governor, we love you so much, 

16   Jim, that we have decided that you will go back 

17   and have to do another 28 years.  At base pay.  

18                (Laughter.)

19                SENATOR SANDERS:   So since I don't 

20   believe that you will accept that order, sir, I'm 

21   really glad to have had the pleasure of knowing 

22   your company and knowing that we are in a much 

23   safer place with a fellow Marine making sure that 

24   there is order in this body.

25                We will miss you.  Make sure that 


                                                               720

 1   you come back.  Make sure that you send others to 

 2   try to take your place, although that's 

 3   impossible.  We love you madly.

 4                ACTING PRESIDENT CROCI:   Senator 

 5   Savino.

 6                SENATOR SAVINO:   Thank you, 

 7   Mr. President.  

 8                I too rise to offer my 

 9   congratulations to Murph on his 40-some-odd years 

10   of service to the people of the State of New 

11   York, but particularly to the members of this 

12   chamber.  

13                You know, when you first get elected 

14   to the Senate and you come in the door, you learn 

15   all sorts of customs that are here and present in 

16   this chamber, and one of them of course is all of 

17   our Sergeants-at-Arms who take care of us and 

18   treat us with such respect.

19                And I'm so proud to see your family 

20   here today, because your home family gets to meet 

21   your work family.  We have such tremendous 

22   respect for you, and love and affection.  

23                And I hope that you will, after 

24   today, remember every day that you served here.  

25   Some days were tough, some days we were hard to 


                                                               721

 1   corral, and for that I apologize, every time you 

 2   had to come and look for me or say, "Senator, we 

 3   need you in the chamber."  

 4                But we're going to miss you.  And 

 5   you know that you have served us so well and done 

 6   a tremendous service to the people of the State 

 7   of New York.  Congratulations on your retirement.

 8                ACTING PRESIDENT CROCI:   Senator 

 9   DeFrancisco.

10                SENATOR DeFRANCISCO:   Yes, I just 

11   want to rise briefly to make sure you truly 

12   understand this, is that there's been rumors that 

13   the Governor tries to prevent people from 

14   leaving.  And Senator Sanders -- 

15                (Laughter.)

16                SENATOR DeFRANCISCO:   -- Senator 

17   Sanders was just kidding.  You can retire if 

18   you'd like to retire.

19                Number two, as far as the IRS Agents 

20   Society when Senator Breslin spoke, you never 

21   told him that they were doing an audit at that 

22   time, did you?  Well, he fell right into it.

23                But seriously, you have been a great 

24   person to be here.  Friendly but firm when you 

25   had to be, a true gentleman to everybody trying 


                                                               722

 1   to enter this chambers and those who have been in 

 2   this chambers.

 3                So I just want to wish you the best 

 4   of luck in your future endeavors.  And I 

 5   understand it's your 60th wedding anniversary in 

 6   May, did I hear right?  Sixtieth.  God bless both 

 7   of you.

 8                (Applause.)

 9                SENATOR DeFRANCISCO:   And many, 

10   many more.  Enjoy your retirement life together.  

11                ACTING PRESIDENT CROCI:   Senator 

12   Serino.

13                SENATOR SERINO:   Thank you, 

14   Mr. Chairman.  

15                Jim, it is so great to see you here 

16   today.  And I just want to say a personal thank 

17   you to you for helping me navigate the waters 

18   when I was a newbie, as many of us were.  

19                You were always so kind.  We had a 

20   lot of laughs.  And it's so nice to see your 

21   family and meet your family today.  

22                So I just want to say thank you, we 

23   all love you, and God bless.  

24                Thank you.

25                ACTING PRESIDENT CROCI:   Murph, to 


                                                               723

 1   you and to your entire family, you have the 

 2   gratitude and appreciation of this chamber and 

 3   its members, and also the gratitude of the state 

 4   and the country for all of your years of public 

 5   service.

 6                I'd ask the chamber to please rise 

 7   and celebrate one more time.

 8                (Extended standing ovation.)

 9                ACTING PRESIDENT CROCI:   And while 

10   this chamber -- our protocol does not reverse for 

11   anyone, it does for the Leader.  I think that the 

12   Majority Leader, Senator Flanagan, would like to 

13   speak.  

14                Senator Flanagan.

15                SENATOR FLANAGAN:   Yes, thank you, 

16   Mr. President.

17                I apologize.  As I am wont to do, I 

18   walked in the door late.

19                Mr. Murphy, I heard the comments 

20   being made about you.  Here's what I know.  I 

21   like you because you're Irish, that's inherent.  

22   And I'm not going for apologize for that.  

23                Your wife is actually going to find 

24   out whether or not she really likes you in 

25   retirement.


                                                               724

 1                But most important, the thing I 

 2   think of when I think of you is not only 

 3   impeccable, quality service, the one word that 

 4   comes to mind, sticks in the forefront of my 

 5   head, you are a gentleman.  You are a true 

 6   gentleman, and I just wanted to add my voice and 

 7   say thank you.

 8                (Applause.)

 9                ACTING PRESIDENT CROCI:   Senator 

10   DeFrancisco.

11                SENATOR DeFRANCISCO:   Yes.  With 

12   respect to that, I'll take the liberty of 

13   suggesting that that resolution will be 

14   cosponsored by everyone.  If you don't want to 

15   be, please notify the desk.

16                ACTING PRESIDENT CROCI:   The 

17   resolution is open for cosponsorship.  If you do 

18   not wish to be a cosponsor, please notify the 

19   desk.

20                Senator DeFrancisco.  

21                SENATOR DeFRANCISCO:   I believe 

22   there's a handup making the following committee 

23   assignments for February 28, 2018, pursuant to 

24   Rule 8, Section 1(C).

25                ACTING PRESIDENT CROCI:   The 


                                                               725

 1   handups are received and will be filed with the 

 2   clerk.

 3                SENATOR DeFRANCISCO:   Can we now 

 4   have an immediate meeting of the Rules Committee 

 5   in Room 332.

 6                ACTING PRESIDENT CROCI:   There will 

 7   be an immediate meeting of the Rules Committee in 

 8   Room 332.  

 9                The Senate will stand at ease.

10                (Whereupon, the Senate stood at ease 

11   at 11:29 a.m.)

12                (Whereupon, the Senate reconvened at 

13   11:37 a.m.)

14                ACTING PRESIDENT CROCI:   The Senate 

15   will come to order.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   Yes, is there 

18   a Rules Committee report at the desk?  

19                ACTING PRESIDENT CROCI:   Stand by.

20                SENATOR DeFRANCISCO:   If not, we 

21   can go on to some other business.

22                ACTING PRESIDENT CROCI:   Senator 

23   DeFrancisco, we do not yet have the official 

24   report from the Rules Committee.

25                SENATOR DeFRANCISCO:   Okay, then 


                                                               726

 1   can we take up previously adopted Resolution 

 2   3134, by Senator Marchione, read the title only, 

 3   and call on Senator Marchione to speak.

 4                ACTING PRESIDENT CROCI:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Legislative 

 7   Resolution Number 3134, by Senator Marchione, 

 8   memorializing Governor Andrew M. Cuomo to 

 9   proclaim March 2018 as American Red Cross Month 

10   in the State of New York.

11                ACTING PRESIDENT CROCI:   Senator 

12   Marchione.  

13                And may we have some order in the 

14   Senate for Senator Marchione.

15                SENATOR MARCHIONE:   Thank you, 

16   Mr. President.

17                I rise to speak on my resolution 

18   memorializing the Governor to proclaim March as 

19   American Red Cross Month here in New York State.  

20                For more than 70 years, presidents 

21   and governors have proudly recognized March as 

22   American Red Cross Month.  The American Red Cross 

23   celebrates everyday heroes who work tirelessly in 

24   times of disaster to offer the comfort of a 

25   helping hand.


                                                               727

 1                For over a century, the American Red 

 2   Cross, along with its many donors, volunteers and 

 3   employees, have shared a common mission, a sense 

 4   of purpose, preventing and relieving suffering 

 5   here at home and around the world through their 

 6   disaster relief.  They are usually one of the 

 7   first on-scene to provide food, shelter, 

 8   clothing, and friendly faces of support.

 9                Proclaiming March 2018 as American 

10   Red Cross Month here in New York State expresses 

11   our thanks and appreciation for the countless 

12   good works of the American Red Cross and the 

13   millions of people it has helped during times of 

14   crisis.

15                Thank you, Mr. President.

16                ACTING PRESIDENT CROCI:   Senator 

17   DeFrancisco.

18                SENATOR DeFRANCISCO:   It's already 

19   been voted on from a prior session.

20                All right, in that case can we now 

21   take up previously adopted Resolution 3414, by 

22   me, title only, and please call on me to speak.

23                ACTING PRESIDENT CROCI:   And the 

24   previous resolution will be open for 

25   cosponsorship.  If you would like to be a 


                                                               728

 1   cosponsor, notify the desk.

 2                The Secretary will read.

 3                THE SECRETARY:   Legislative 

 4   Resolution Number 3414, by Senator DeFrancisco, 

 5   congratulating the Skaneateles Varsity Football 

 6   Team upon the occasion of capturing of the 

 7   New York State Public High School Athletic 

 8   Association Class C Championship, the school's 

 9   first-ever state championship in the sport.

10                ACTING PRESIDENT CROCI:   Senator 

11   DeFrancisco.

12                SENATOR DeFRANCISCO:   Thank you, 

13   Mr. President.  

14                We have the Skaneateles Football 

15   Team here.  They were the Class C football 

16   champions.  Did I hear it's the first state 

17   championship in the school's history of any 

18   sport?  That's pretty good.  That's really good.  

19                And I hear all of you are also 

20   excellent students.  A lot of these names we're 

21   not reading, but you'll each get a copy of the 

22   resolution, and it's an impressive group of 

23   individuals.  

24                And I know the coach, and I know the 

25   coach's father and probably his grandfather.  And 


                                                               729

 1   I want to be very complimentary to him; he's 

 2   recently gone to coach there.  And I know the 

 3   assistant coaches had a lot to do with it, but 

 4   what a wonderful job you've done under a very 

 5   difficult situation.  

 6                And each of the students and each of 

 7   the players, I understand, know what team ball 

 8   is, and that's going to bode well for all of you 

 9   for the rest of your lives.

10                And I say this to every group that 

11   comes in in a championship team, and I hope that 

12   other Senators will bear with me, but I think 

13   it's important.  The people you're with today 

14   you're going to be friends with for the rest of 

15   your life.  You've experienced something that 

16   very few people experience.  

17                The only thing that's going to 

18   change as you get older, your tackles will have 

19   been harder, your runs will have been longer, the 

20   pass receptions will be by one finger, not two 

21   hands.  You'll embellish things as you go along.  

22   And the best part of it is your teammates will 

23   know you're embellishing it and you'll enjoy that 

24   camaraderie.

25                To this day, my high school class 


                                                               730

 1   goes golfing once a year in North Carolina.  And 

 2   we're just as good friends as we were in the 

 3   past.  

 4                So enjoy this experience.  

 5   Congratulations.  And there's going to be pizza 

 6   in my office.  And I know you're hungry.  I might 

 7   not be there when you start, but I'll try to get 

 8   there before you finish.

 9                So congratulations.  Thank you all 

10   for being here.  And enjoy this wonderful 

11   experience, a lifetime experience.  

12                Thank you, Mr. President.

13                ACTING PRESIDENT CROCI:   To the 

14   Skaneateles Varsity Football Team and to their 

15   coach, congratulations on your state 

16   championship.  You have all the privileges and 

17   courtesies and congratulations of this house.  

18                We'd ask you now to please stand and 

19   be recognized. 

20                (Standing ovation.)

21                SENATOR DeFRANCISCO:    

22   Mr. President, is there a Rules Committee report 

23   at the desk?  

24                ACTING PRESIDENT CROCI:   Yes, sir.

25                Senator DeFrancisco, is this 


                                                               731

 1   resolution open for cosponsorship?  

 2                SENATOR DeFRANCISCO:   Absolutely.

 3                ACTING PRESIDENT CROCI:   So this 

 4   resolution will be open for cosponsorship.  If 

 5   you would like to be a cosponsor, please notify 

 6   the desk.

 7                And we do have a Rules Committee 

 8   report before the house.

 9                SENATOR DeFRANCISCO:   Move to 

10   accept the report of the Rules Committee.

11                ACTING PRESIDENT CROCI:   The 

12   Secretary will read.

13                THE SECRETARY:   Senator Flanagan, 

14   from the Committee on Rules, reports the 

15   following bills:  

16                Senate Print 761, by Senator Little, 

17   an act to amend the Environmental Conservation 

18   Law; 

19                Senate 1355B, by Senator Tedisco, an 

20   act to amend the Education Law; 

21                Senate 5788, by Senator Klein, an 

22   act to amend the Public Housing Law; 

23                And Senate 7409, by Senator Krueger, 

24   an act to amend the Public Health Law.

25                All bills reported direct to third 


                                                               732

 1   reading.

 2                ACTING PRESIDENT CROCI:   The Floor 

 3   Leader having so moved, all in favor of accepting 

 4   the report of the Rules Committee please signify 

 5   by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT CROCI:   Opposed, 

 8   nay.

 9                (No response.)

10                ACTING PRESIDENT CROCI:   The report 

11   is accepted.

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   Can we now 

14   take up the noncontroversial reading of the daily 

15   calendar.

16                ACTING PRESIDENT CROCI:   The 

17   Secretary will read.

18                THE SECRETARY:   Calendar Number 9, 

19   by Senator Bailey, Senate Print 7281, an act to 

20   amend the Correction Law.

21                SENATOR DeFRANCISCO:    

22   Mr. President, before we continue, I'd like to 

23   take one bill out of order.  Maybe two.

24                ACTING PRESIDENT CROCI:   So that 

25   bill will be laid aside temporarily.


                                                               733

 1                Senator DeFrancisco.

 2                SENATOR DeFRANCISCO:   Can we take 

 3   up Calendar Number 377, by Senator Larkin.

 4                ACTING PRESIDENT CROCI:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   377, by Senator Larkin, Senate Print 6963, an act 

 8   to amend the Public Health Law.

 9                ACTING PRESIDENT CROCI:   Senator 

10   Gianaris.

11                SENATOR GIANARIS:   Mr. President, I 

12   believe you have an amendment at the desk.  I ask 

13   that the reading of the amendment be waived and 

14   that we may be heard on the amendment.

15                ACTING PRESIDENT CROCI:   Senator 

16   Gianaris, I've reviewed your amendment and the 

17   rule, and it is not germane at this time to the 

18   bill and is therefore out of order.  

19                The subject of the bill before the 

20   house is organ donation.  Your bill's subject is 

21   therefore not germane, and the amendment is not 

22   germane.

23                SENATOR GIANARIS:   Mr. President, 

24   the bill also relates to hunting, which obviously 

25   involves firearms.  


                                                               734

 1                But I would like to appeal your 

 2   decision in any event, and I would ask that 

 3   Senator Kavanagh be heard and then there will be 

 4   a handful of members after Senator Kavanagh that 

 5   would also like to be heard on the appeal.

 6                ACTING PRESIDENT CROCI:   Senator 

 7   Kavanagh.

 8                SENATOR KAVANAGH:   Thank you, 

 9   Mr. President.

10                The shooting at Marjory Stoneman 

11   Douglas High School has once again brought our 

12   nation's gun violence epidemic into full view.  

13   And even though New York has the third-lowest 

14   rate of gun-related death in the United States, 

15   and even though we have strong laws and we have 

16   effective policing and we have community-based 

17   programs intended to prevent gun violence, we are 

18   not immune.  

19                Each year, Mr. President, roughly 

20   900 New Yorkers are killed by guns.  

21   Mr. President, that is 900 too many.  And today 

22   we're talking about several important steps we 

23   can take to bring that number down.

24                Five years ago, in the wake of 

25   another school shooting and in the wake of a 


                                                               735

 1   violent incident in Webster, New York, in which 

 2   our first responders were specifically targeted, 

 3   members of this house and the other house of the 

 4   Legislature and the Governor came together to 

 5   pass the SAFE Act.

 6                We instituted background checks on 

 7   all gun buyers, we instituted an effective ban on 

 8   high-capacity ammunition magazines, we outlawed 

 9   the sale of certain dangerous assault weapons 

10   that the Legislature deemed appropriate to 

11   outlaw, and we included many other provisions 

12   like additional funding for school safety.

13                It was not a perfect bill, but it 

14   has served us well.  And the sky did not fall, 

15   Mr. President.  The police did not go door to 

16   door taking hunters' guns.  The right of 

17   New Yorkers to have guns to defend their homes 

18   was not infringed.  New Yorkers' rights were 

19   protected, and so were their lives.

20                Today we have the opportunity to do 

21   that again, to come together for the greater good 

22   and pass a common-sense law that will save lives.  

23   The law I'm talking about, Mr. President, creates 

24   extreme risk protection orders and empowers 

25   family members and police to stop gun violence.  


                                                               736

 1   I'm proud to sponsor that bill in this chamber 

 2   with Senator Brad Hoylman, the coprime sponsor.

 3                Here's how the bill works.  The sad 

 4   truth is that people close to those who commit 

 5   gun violence often see warning signs before the 

 6   tragedy occurs, and they are powerless to 

 7   intervene.  The teenager who's been arrested for 

 8   the shooting in Parkland, Florida, had left 

 9   threatening social media posts.  He'd had dozens 

10   of contacts with law enforcement, and he had a 

11   history of violence.  People reached out to the 

12   authorities several times, but they did nothing.

13                It is appropriate for us to have a 

14   conversation about what law enforcement may or 

15   should have done in that situation, but it's 

16   unclear that there was much they could have done 

17   under current law.

18                If legislation like the bill we're 

19   proposing today had been in place, people would 

20   have been able to present evidence to a judge, 

21   prove that this individual was likely to harm 

22   others, and take real action to prevent this 

23   tragedy by restricting his access to guns.  

24                Similar to orders of protection, 

25   extreme risk protection orders can be requested 


                                                               737

 1   by family members, household members and law 

 2   enforcement, and they respect New Yorker's due 

 3   process rights while allowing a judge to 

 4   temporarily limit an individual's access to guns.

 5                To issue an emergency ERPO order 

 6   requiring someone to surrender their guns and 

 7   prohibiting them from purchasing guns, a judge 

 8   must find there is probable cause someone is 

 9   likely to harm themselves or others.  That's a 

10   high standard.

11                After that emergency order is 

12   issued, the respondent is entitled to a hearing 

13   within three to six business days.  At that 

14   hearing, to keep the order in place the judge 

15   would have to rule that there is clear and 

16   convincing evidence that the respondent is likely 

17   to harm themselves or others.  

18                And even when a judge issues a 

19   year-long extreme risk protection order, the 

20   respondent is entitled to another hearing during 

21   that year to contest the order.  And unless that 

22   order is renewed by a judge who finds in a new 

23   hearing that the danger hasn't dissipated, the 

24   order expires after 12 months.  

25                Connecticut, Indiana, California, 


                                                               738

 1   Washington and Oregon have enacted similar laws, 

 2   and they've withstood legal challenges.  And they 

 3   work.  A peer-reviewed study by researchers from 

 4   Duke University found that the Connecticut law 

 5   led to a measurable reduction in the state's 

 6   suicide rate.  For every 10 to 20 risk warrants 

 7   issued in Connecticut, one life was saved and 

 8   many other violent incidents were avoided.  And 

 9   roughly one-third of those who received ERPOs in 

10   Connecticut received mental health services after 

11   the order was issued.  

12                Mr. President, we have an 

13   opportunity to save lives by enacting this law.  

14   That's why it's gaining momentum.  Just 

15   yesterday -- you know, the Assembly passed it 

16   last year, and just yesterday the Assembly Codes 

17   Committee, Republicans and Democrats, voted to 

18   approve this bill unanimously and send it to the 

19   floor of the Assembly.

20                Twenty-eight Senators, including 

21   Senator Hoylman and myself, have signed on as 

22   sponsors.  And the law has been endorsed by a 

23   coalition of organizations including New Yorkers 

24   Against Gun Violence, Giffords: Courage to Fight 

25   Gun Violence, Every Town for Gun Safety, Moms 


                                                               739

 1   Demand Action, Brady Campaign to Prevent Gun 

 2   Violence, the Citizens Crime Commission of 

 3   New York City, the Coalition to Stop Gun 

 4   Violence, and Prosecutors Against Gun Violence, 

 5   cochaired by our own Cy Vance.  

 6                Here in New York we've stepped up 

 7   before to save lives taken by preventable gun 

 8   violence and the extraordinary number of injuries 

 9   caused by gun violence, and we must do it again.

10                Thank you.

11                ACTING PRESIDENT CROCI:   Senator 

12   Hoylman to be heard on the appeal.

13                SENATOR HOYLMAN:   Thank you, 

14   Mr. President.  

15                I rise in support of the amendment 

16   and wanted to first thank our leader, Andrea 

17   Stewart-Cousins, for her courage and 

18   forthrightness on the issue of sensible gun laws, 

19   and my colleague Brian Kavanagh, who's a national 

20   leader on the issue.

21                You know, we also have to thank the 

22   students of Stoneman Douglas High School in 

23   Parkland, Florida, who today, for the first time 

24   since that massacre on February 14th, returned to 

25   school.  And we have to admire their courage for 


                                                               740

 1   standing up to the NRA, to the trolls on social 

 2   media, to right-wing conspiracy theorists and 

 3   even the president of the United States.

 4                But Parkland is just the latest mass 

 5   shooting.  There have been 30 since 2018.  And 

 6   with each mass shooting, we tend to become numb 

 7   to the horrors of the previous one, including the 

 8   mass shooting in Las Vegas last year, where 58 

 9   people died and 851 individuals were wounded, the 

10   deadliest mass shooting in U.S. history.  

11                Well, in that massacre, the shooter 

12   used a device called a bump stock.  And a bump 

13   stock is just a piece of plastic which attaches 

14   to the stock and pistol grip of a semiautomatic 

15   rifle and turns it into a machine gun.  That 

16   allowed him to kill individuals at a rate of 400 

17   to 600 rounds a minute.

18                These devices are illegal to use in 

19   New York State, but because of a loophole in our 

20   state law, they're legal to own, they're legal to 

21   sell, they're legal to buy on the Internet, 

22   they're legal to transport in the back of your 

23   car.  The loophole doesn't make any sense.  There 

24   would be no reason to own a bump stock if not to 

25   use it.


                                                               741

 1                President Trump says he'll close the 

 2   loophole on the bump stock, but it's been four 

 3   months since Las Vegas.  We can't trust him.

 4                Congress says they'll close the bump 

 5   stock loophole, but it's been four months and 

 6   they've been gutless in the face of the National 

 7   Rifle Association.

 8                It's up to us in New York.  We 

 9   should spit in the face of the NRA today and ban 

10   bump stocks once and for all through this 

11   amendment.

12                If we can't ban a piece of plastic, 

13   we have failed the kids in Parkland, we've failed 

14   our own children, we have failed every victim of 

15   gun violence in this country.

16                Thank you, Mr. President.

17                ACTING PRESIDENT CROCI:   Senator 

18   Persaud to be heard on the appeal.

19                SENATOR PERSAUD:   Thank you, 

20   Mr. President.

21                This amendment would create the New 

22   York State Firearm Violence Research Institute 

23   that would operate under the auspices of SUNY, 

24   where they would study this epidemic.

25                Firearm violence in our community is 


                                                               742

 1   a healthcare epidemic.  The research would 

 2   provide invaluable resources to the Governor, our 

 3   Legislature, and any agency that needs 

 4   information on how to formulate new responses to 

 5   this epidemic.

 6                Gun violence in the United States is 

 7   a public health problem.  Actually, Monday 

 8   evening in my district, a 9-year-old was shot in 

 9   the head.  So we see what it can do.

10                Unfortunately, the federal 

11   government prohibits the Center for Disease 

12   Control from treating this as such.  The 1996 

13   Dickey Amendment pushed by the NRA forbade the 

14   CDC from using money to advocate or promote this 

15   research.

16                Gun violence -- the research must 

17   continue.  The federal level cannot do it.  We 

18   must do it at the state level.  The federal 

19   research ban makes no sense.  

20                In 2016, 141 organizations, 

21   including the American Medical Association and 

22   the American Association for the Advancement of 

23   Science, sent a letter to Congress asking them to 

24   lift that ban.  They have not.  They continue to 

25   just turn a blind eye.


                                                               743

 1                Even the sponsor of the amendment, 

 2   Jay Dickey from Arkansas, wrote an op-ed in the 

 3   Washington Post asking for this to be lifted and 

 4   regretting his decision that he had made.

 5                Unfortunately, we cannot count on 

 6   the Congress to put public safety first and give 

 7   funds to the CDC.  Luckily, we can do that.  We 

 8   can allow SUNY to conduct the research for us so 

 9   that we can understand what is the issue, the 

10   underlying issue that's causing gun violence in 

11   our communities.

12                This legislation would put New York 

13   State in a leadership role when it comes to 

14   public health and gun safety.  It would not 

15   impede on anybody's rights and would not create 

16   any additional burdens on anyone.

17                Again, I ask my colleagues to think 

18   of this the same way we're looking at other 

19   issues right now.  The same way we're looking at 

20   the opioid issue right now and saying it's a 

21   health epidemic, we must look at gun violence in 

22   our communities as a health epidemic.  We must 

23   fund a research institute so that we can 

24   eliminate this issue of gun violence in our 

25   communities.


                                                               744

 1                Again, thank you all for your 

 2   support.

 3                ACTING PRESIDENT CROCI:   Senator 

 4   Gianaris to be heard on the appeal.

 5                SENATOR GIANARIS:   Thank you, 

 6   Mr. President.

 7                You heard from my colleagues that 

 8   these are some very reasonable commonsense 

 9   proposals that I would be hard-pressed to find an 

10   argument against.  But I want to talk about the 

11   broader approach to this important issue for a 

12   second, because we also hear a lot about safety 

13   at locations, hardening locations.  And there's 

14   certainly room for dialogue on that issue, and 

15   I'm sure we will have it.  

16                But we have to cross a line in our 

17   thinking, not only in this state but in the 

18   country, which is that guns make more killings 

19   more likely even if the person is dangerous 

20   himself or herself.  Okay?  It is the weapon 

21   itself that allows even more people to be killed.  

22                So yes, people kill people, but guns 

23   do kill people too, and guns kill more people 

24   than a person with a fist or a person with a 

25   knife.  And if we don't reach that conclusion, 


                                                               745

 1   we're just going to be lamenting more and more 

 2   deaths -- deaths of children, deaths of 

 3   churchgoers, deaths of moviegoers.  

 4                And are we going to just chase the 

 5   location of choice of the latest massacre?  So 

 6   now we're going to harden schools.  Which maybe 

 7   we should do, and we should certainly have that 

 8   conversation.  Are we going to harden our movie 

 9   theaters?  Because there was a mass shooting at a 

10   movie theater a while ago.  Are we going to 

11   harden our churches?  Because there was a mass 

12   killing at a church in South Carolina.  Are we 

13   just going to have armed guards everywhere in the 

14   state at every location, trying to predict where 

15   the next mass shooting is going to be?  

16                How about we take the shooting out 

17   of the mass shooting and take guns away from 

18   people who shouldn't have them.  

19                You've heard about Senator 

20   Kavanagh's proposal, which is being embraced by 

21   the governor of Florida.  No progressive is he, 

22   as you probably know.  You have heard about 

23   Senator Hoylman's proposal to ban bump stocks, 

24   whose only purpose can be to kill even more 

25   people.  And you heard from Senator Persaud about 


                                                               746

 1   simply asking for a study to find out what other 

 2   measures we could take to make people safe.

 3                I have a proposal as well to make 

 4   background checks better.  Right now, if someone 

 5   applies for a gun and a background check is not 

 6   completed within three days, they are authorized 

 7   to purchase that gun without a background check.  

 8   And lest you think that's a rare occurrence, it 

 9   happened over 300,000 times in 2016 alone, which 

10   is the most recent year for which we have data.

11                I referenced the church shooting in 

12   South Carolina.  Dylann Roof, who was the 

13   perpetrator there, got his weapon because the 

14   three-day period lapsed and he was authorized -- 

15   even though he had a record that probably would 

16   have kept him from buying the weapon in the first 

17   place.

18                Why in God's name would someone need 

19   a weapon so quickly that they can't wait a 

20   week and a half or two weeks to get it for a 

21   background check to be completed?  What is it 

22   about the next three days where they absolutely 

23   have to have a gun?  Maybe it's because they want 

24   to do something they shouldn't be doing.

25                And by the way, if a background 


                                                               747

 1   check is not completed within those three days, 

 2   it likely means there was a flag on the 

 3   application which requires further study.  So the 

 4   fact that we would allow those people to get the 

 5   guns, they tend to be the people we should be 

 6   prohibiting from getting the guns.

 7                Now look, this is just mind-boggling 

 8   to me how we could watch our children die and 

 9   we're sitting here making excuses, trying to 

10   divert the public by talking about making 

11   locations safer instead of making people safer.

12                So I encourage my colleagues to step 

13   up and do the right thing.  Enough with the 

14   absolutism around the Second Amendment.  Yes, we 

15   have a Second Amendment.  Yes, we respect it.  

16   But again, to cite probably one of your favorite 

17   leaders in the Supreme Court, Justice Scalia made 

18   a point in saying that yes, we can have 

19   reasonable regulations on firearms, and we 

20   should.

21                You want to disagree with Justice 

22   Scalia?  You want to be to the right of Justice 

23   Scalia?  You want to be to the right of Governor 

24   Scott in Florida?  Be my guest.  But you are 

25   doing a disservice to the people of this state, 


                                                               748

 1   and those that agree with you are doing a 

 2   disservice to the people of this country in not 

 3   moving forward on this important issue.

 4                Thank you, Mr. President.  

 5                ACTING PRESIDENT CROCI:   Seeing no 

 6   other Senator wishing to speak, the question is 

 7   on the overruling of the chair.  All those in 

 8   favor of overruling the chair please signify by 

 9   saying aye.

10                SENATOR GIANARIS:   Mr. President, 

11   on this important issue I think people deserve to 

12   know where everyone stands, so I call for a show 

13   of hands.

14                ACTING PRESIDENT CROCI:   A show of 

15   hands has been requested.  All those in favor of 

16   overruling the chair please raise your hand.

17                The ruling of the chair stands.  

18                I'm sorry, announce the results.

19                THE SECRETARY:   Ayes, 29.

20                ACTING PRESIDENT CROCI:   The ruling 

21   of the chair stands.

22                The Secretary will read the last 

23   section.

24                THE SECRETARY:   Section 5.  This 

25   act shall take effect immediately.


                                                               749

 1                ACTING PRESIDENT CROCI:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT CROCI:   The bill 

 6   is passed.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   Can we now 

 9   take up Calendar Number 17, by Senator Croci.

10                ACTING PRESIDENT CROCI:   The 

11   Secretary will read.

12                THE SECRETARY:   Calendar Number 17, 

13   by Senator Croci, Senate Print 7289, an act to 

14   amend the Military Law.

15                ACTING PRESIDENT CROCI:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CROCI:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 59.

23                ACTING PRESIDENT CROCI:   The bill 

24   is passed.

25                SENATOR DeFRANCISCO:   Can we now 


                                                               750

 1   take up Calendar 34, please.

 2                ACTING PRESIDENT CROCI:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Calendar Number 34, 

 5   by Senator Helming, Senate Print 7306, an act to 

 6   amend the Vehicle and Traffic Law.

 7                ACTING PRESIDENT CROCI:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 6.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CROCI:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT CROCI:   The bill 

16   is passed.

17                Senator DeFrancisco.  

18                SENATOR DeFRANCISCO:   Can we now go 

19   to Calendar Number 9 at the beginning of the 

20   calendar and complete the calendar in order.

21                ACTING PRESIDENT CROCI:   Very well.  

22   The Secretary will read.

23                THE SECRETARY:   Calendar Number 9, 

24   by Senator Bailey, Senate Print 7281, an act to 

25   amend the Correction Law.


                                                               751

 1                ACTING PRESIDENT CROCI:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT CROCI:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 59.

 9                ACTING PRESIDENT CROCI:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 10, 

12   substituted earlier by Member of the Assembly 

13   Gottfried, Assembly Print 9034, an act to amend 

14   the Social Services Law.

15                ACTING PRESIDENT CROCI:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

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

19   same manner as a chapter of the Laws of 2017.

20                ACTING PRESIDENT CROCI:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.

24                ACTING PRESIDENT CROCI:   The bill 

25   is passed.


                                                               752

 1                THE SECRETARY:   Calendar Number 12, 

 2   substituted earlier by Member of the Assembly 

 3   Glick, Assembly Print 8986, an act to amend the 

 4   Public Authorities Law.

 5                ACTING PRESIDENT CROCI:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

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

 9   same manner as a chapter of the Laws of 2017.

10                ACTING PRESIDENT CROCI:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT CROCI:   Senator 

14   Kavanagh.

15                SENATOR KAVANAGH:   Thank you, 

16   Mr. President.  Just to briefly explain my vote.  

17                This bill is a chapter amendment to 

18   a bill that was passed last year that's vitally 

19   important to the residents of the Lower Manhattan 

20   neighborhood of Battery Park City.  The bill 

21   ensures that there will be local representation 

22   on that board, a cornerstone of our democracy.  

23                The bill -- in addition, this 

24   amendment adds some provisions about what the 

25   qualifications of those members are.  It's an 


                                                               753

 1   important part of a three-way agreement to get 

 2   this done.  

 3                And I just want to thank 

 4   Assemblywoman Glick, who has already passed this 

 5   bill in the Assembly, and my predecessor, Senator 

 6   Daniel Squadron, who fought long and hard for 

 7   this.  And I'll vote in the affirmative.  

 8                Thank you.

 9                ACTING PRESIDENT CROCI:   Senator 

10   Kavanagh to be recorded in the affirmative.

11                Announce the result.

12                THE SECRETARY:   Ayes, 59.

13                ACTING PRESIDENT CROCI:   The bill 

14   is passed.

15                Senator Gianaris.

16                SENATOR GIANARIS:   Mr. President, I 

17   just want to recognize to my colleagues that that 

18   was Senator Kavanagh's first bill to pass the 

19   Senate.

20                (Applause.)

21                ACTING PRESIDENT CROCI:   The 

22   Secretary will read.

23                THE SECRETARY:   Calendar Number 24, 

24   substituted earlier by Member of the Assembly 

25   Rozic, Assembly Print 8929, an act to amend the 


                                                               754

 1   Civil Service Law.

 2                ACTING PRESIDENT CROCI:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

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

 6   same manner as a chapter of the Laws of 2017.

 7                ACTING PRESIDENT CROCI:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

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

11   Senator Ortt recorded in the negative.  

12                ACTING PRESIDENT CROCI:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 43, 

15   substituted earlier by Member of the Assembly 

16   Thiele, Assembly Print 8919, an act to amend the 

17   General Municipal Law.

18                ACTING PRESIDENT CROCI:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

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

22   same manner as a chapter of the Laws of 2017.

23                ACTING PRESIDENT CROCI:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               755

 1                THE SECRETARY:   Ayes, 59.  

 2                ACTING PRESIDENT CROCI:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 46, 

 5   by Senator Griffo, Senate Print 7318, an act to 

 6   amend the Public Service Law.

 7                ACTING PRESIDENT CROCI:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

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

11   same manner as a chapter of the Laws of 2017.

12                ACTING PRESIDENT CROCI:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.

16                ACTING PRESIDENT CROCI:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 49, 

19   by Senator Griffo, Senate Print 7321, an act to 

20   amend the Public Authorities Law.

21                ACTING PRESIDENT CROCI:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

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

25   same manner as a chapter of the Laws of 2017.


                                                               756

 1                ACTING PRESIDENT CROCI:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT CROCI:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 50, 

 8   by Senator Alcantara, Senate Print 7322, an act 

 9   to amend the Mental Hygiene Law.

10                ACTING PRESIDENT CROCI:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT CROCI:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.

18                ACTING PRESIDENT CROCI:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 59, 

21   by Senator Golden, Senate Print 7331, an act to 

22   amend the Administrative Code of the City of 

23   New York.  

24                ACTING PRESIDENT CROCI:   Read the 

25   last section.


                                                               757

 1                THE SECRETARY:   Section 4.  This 

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

 3   same manner as a chapter of the Laws of 2017.

 4                ACTING PRESIDENT CROCI:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 59.

 8                ACTING PRESIDENT CROCI:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 61, 

11   by Senator Montgomery, Senate Print 7333, an act 

12   to amend the Executive Law.

13                ACTING PRESIDENT CROCI:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

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

17   same manner as a chapter of the Laws of 2017.

18                ACTING PRESIDENT CROCI:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.

22                ACTING PRESIDENT CROCI:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 90, 

25   by Senator Klein, Senate Print 1989, an act to 


                                                               758

 1   amend the Public Housing Law.

 2                ACTING PRESIDENT CROCI:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect on the 30th day.

 6                ACTING PRESIDENT CROCI:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT CROCI:   Senator 

10   Klein.

11                SENATOR KLEIN:   Thank you, 

12   Mr. President.

13                This is the first of two bills that 

14   hopefully will pass the Senate today dealing with 

15   the crisis which is the New York City Housing 

16   Authority.  This legislation would allow 

17   oversight by the New York City Council to oversee 

18   the over 400,000 tenants that live in NYCHA 

19   housing.

20                Unfortunately, right now where the 

21   City Council has the ability to have oversight 

22   and hearings for various city agencies, being 

23   that NYCHA is chartered by the state -- even 

24   though every member of the NYCHA board, including 

25   the chair, is appointed by the City of New 


                                                               759

 1   York -- the City Council has no oversight.

 2                This bill came at the request of the 

 3   former chair of the Public Housing Committee in 

 4   the City Council, Ritchie Torres.  And I think 

 5   now that NYCHA is in crisis, we certainly need as 

 6   much oversight as possible, and it only makes 

 7   sense for the local City Council to be able to 

 8   have that oversight.

 9                So I of course urge my colleagues to 

10   vote yes, and of course I'm voting yes, 

11   Mr. President.

12                ACTING PRESIDENT CROCI:   Senator 

13   Klein to be recorded in the affirmative.

14                Announce the result.

15                THE SECRETARY:   Ayes, 59.

16                ACTING PRESIDENT CROCI:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   197, by Senator Young, Senate Print 3939A, an act 

20   to amend the Public Health Law.

21                ACTING PRESIDENT CROCI:   Read the 

22   last section.

23                THE SECRETARY:   Section 4.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT CROCI:   Call the 


                                                               760

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 59.

 4                ACTING PRESIDENT CROCI:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   253, by Senator Funke, Senate Print 940A, an act 

 8   to amend the General Municipal Law.

 9                ACTING PRESIDENT CROCI:   Read the 

10   last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT CROCI:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.

17                ACTING PRESIDENT CROCI:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   298, by Senator Croci, Senate Print 939, an act 

21   to amend the Civil Service Law.

22                ACTING PRESIDENT CROCI:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect on the 90th day.


                                                               761

 1                ACTING PRESIDENT CROCI:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT CROCI:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   420, by Senator Ranzenhofer, Senate Print 3236, 

 9   an act to amend the Vehicle and Traffic Law.

10                ACTING PRESIDENT CROCI:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 120th day.

14                ACTING PRESIDENT CROCI:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.

18                ACTING PRESIDENT CROCI:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   436, substituted earlier by Member of the 

22   Assembly Schimminger, Assembly Print 9052, an act 

23   to amend Chapter 396 of the Laws of 2010.

24                ACTING PRESIDENT CROCI:   Read the 

25   last section.


                                                               762

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT CROCI:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.

 7                ACTING PRESIDENT CROCI:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   446, by Senator Marcellino, Senate Print 1185, an 

11   act to amend the Navigation Law.

12                ACTING PRESIDENT CROCI:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT CROCI:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 59.

20                ACTING PRESIDENT CROCI:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   447, by Senator Little, Senate Print 1674, an act 

24   to amend the Navigation Law.

25                ACTING PRESIDENT CROCI:   Read the 


                                                               763

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT CROCI:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 59.

 8                ACTING PRESIDENT CROCI:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   477, by Senator Alcantara, Senate Print 6343A, an 

12   act to amend the Penal Law.

13                ACTING PRESIDENT CROCI:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 90th day.

17                ACTING PRESIDENT CROCI:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT CROCI:   Senator 

21   Alcantara to explain her vote.

22                SENATOR ALCANTARA:   Yes, thank you, 

23   sir.

24                This bill is very important to me.  

25   I represent a community that the majority of 


                                                               764

 1   hairdressers and barbershops are owned by women, 

 2   mostly immigrant women.  And this bill, I was 

 3   very surprised to find out that theft of services 

 4   for a barbershop or a beauty salon was not 

 5   punishable as a crime.

 6                So I want to urge all my colleagues 

 7   to please vote for this bill.  It would do great 

 8   service to the men and women that are small 

 9   business owners that come into work sometimes 

10   seven days a week to feed their families.

11                So I urge all my colleagues to 

12   please vote for this bill.  Thank you.

13                ACTING PRESIDENT CROCI:   Senator 

14   Alcantara to be recorded in the affirmative.

15                Announce the result.

16                THE SECRETARY:   Ayes, 59.

17                ACTING PRESIDENT CROCI:   The bill 

18   is passed.

19                Senator DeFrancisco.

20                SENATOR DeFRANCISCO:   Yes, can we 

21   go back to Calendar 46, please.

22                ACTING PRESIDENT CROCI:   The 

23   Secretary will read.

24                THE SECRETARY:   Calendar Number 46, 

25   by Senator Griffo, Senate Print 7318, an act to 


                                                               765

 1   amend the Public Service Law.

 2                SENATOR DeFRANCISCO:   I move to 

 3   reconsider the vote by which that bill was 

 4   passed.

 5                ACTING PRESIDENT CROCI:   Please 

 6   call the roll on reconsideration.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 59.

 9                ACTING PRESIDENT CROCI:   The bill 

10   is restored to its place on the Third Reading 

11   Calendar.

12                SENATOR DeFRANCISCO:   And can we 

13   lay that bill aside for the day.

14                ACTING PRESIDENT CROCI:   That bill 

15   will be laid aside for the day.

16                SENATOR DeFRANCISCO:   Can we go 

17   back to Calendar Number 49.

18                ACTING PRESIDENT CROCI:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 49, 

21   by Senator Griffo, Senate Print 7321, an act to 

22   amend the Public Authorities Law.

23                SENATOR DeFRANCISCO:   I move to 

24   reconsider the vote by which the bill was passed.

25                ACTING PRESIDENT CROCI:   Call the 


                                                               766

 1   roll on reconsideration.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 59.

 4                SENATOR DeFRANCISCO:   Lay the bill 

 5   aside for the day.

 6                ACTING PRESIDENT CROCI:   The bill 

 7   has been restored to its place on the Third 

 8   Reading Calendar and will be laid aside for the 

 9   day.

10                SENATOR DeFRANCISCO:   We have a 

11   supplemental calendar, Number 14A, which includes 

12   the bills that we dealt with in Rules earlier 

13   today.  Can we take up that calendar.

14                ACTING PRESIDENT CROCI:   Yes.  The 

15   Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   533, by Senator Little, Senate Print 761, an act 

18   to amend the Environmental Conservation Law.

19                ACTING PRESIDENT CROCI:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT CROCI:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               767

 1                THE SECRETARY:   Ayes, 59.

 2                ACTING PRESIDENT CROCI:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   534, by Senator Tedisco, Senate Print 1355B, an 

 6   act to amend the Education Law.

 7                ACTING PRESIDENT CROCI:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT CROCI:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT CROCI:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   535, by Senator Klein, Senate Print 5788, an act 

19   to amend the Public Housing Law.

20                ACTING PRESIDENT CROCI:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT CROCI:   Call the 

25   roll.


                                                               768

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT CROCI:   Senator 

 3   Savino, I have a list of speakers.  

 4                Senator Klein, would you like to go 

 5   first?  

 6                SENATOR SAVINO:   Yes.

 7                ACTING PRESIDENT CROCI:   Senator 

 8   Klein.

 9                SENATOR KLEIN:   Thank you, 

10   Mr. President.  

11                This is an extremely important piece 

12   of legislation because this past Monday I stood 

13   with my colleagues and, most importantly, NYCHA 

14   residents where we released a report entitled 

15   "The New Flint."

16                You know, we all know about Flint, 

17   Michigan, where close to 100,000 people were 

18   exposed to lead in their drinking water.  And 

19   rightfully so, it caused a national outcry.  

20   Everyone pointed fingers, and ultimately they 

21   found who was at fault.  

22                Millions and millions of dollars 

23   were spent to correct the situation, but at the 

24   same time it sort of showed that individuals were 

25   being taken for granted, especially in minority 


                                                               769

 1   communities.

 2                Well, here in New York City we have 

 3   the New York City Housing Authority, which as we 

 4   all know now covered up a scandal of very large 

 5   proportions where residents were exposed to lead 

 6   paint.  We all know there were 100,000 people in 

 7   Flint, Michigan.  Well, there's 400,000 tenants 

 8   in NYCHA who could have been exposed, and 

 9   probably were, to lead paint poisoning, 

10   especially young people.  

11                We all know the impact of lead 

12   poisoning on our young people.  It disrupts their 

13   motor skills, lowers their IQ, actually something 

14   that we should be very, very concerned about.

15                We put forth this study to once 

16   again show attention or bring attention to the 

17   fact that NYCHA is not managing their properties 

18   properly, NYCHA is not looking out for their 

19   tenants.  Surveys showed that lead paint hasn't 

20   been abated in years.  There has been no 

21   notification to tenants about the potential risk.  

22   They are being kept in the dark.

23                I want to tell you, by this report 

24   and several others I put forth over the years, 

25   you can honestly say that NYCHA is the worst 


                                                               770

 1   landlord in the City of New York.  

 2                You know, I know we're all very 

 3   concerned about cracking down on bad landlords.  

 4   We pass legislation, we make sure they keep their 

 5   buildings in tiptop shape.  But here we are 

 6   allowing public housing run by NYCHA to run the 

 7   worst housing stock in the City of New York.  If 

 8   this was a private landlord, we would have cuffed 

 9   them and sent them to jail for putting these 

10   tenants at risk, but yet we're sitting idly by.

11                I want to thank my colleagues, 

12   especially in the Republican Conference, because 

13   over the last several years in the budget we have 

14   allocated over $300 million to NYCHA.  We 

15   actually made the largest single investment in 

16   the last 20 years to NYCHA.  

17                But you want to know something, 

18   ladies and gentlemen?  Of that $300 million, not 

19   one penny has been spent, not one penny has been 

20   spent to actually repair roofs, to fix boilers, 

21   to abate lead.  They have done absolutely 

22   nothing.  They just point fingers at one another 

23   and say they're going to deal with the problem.

24                Well, I think the time has come for 

25   the state to step in and have simple oversight -- 


                                                               771

 1   make sure these repairs are made in a timely 

 2   fashion, make sure the money that we allocate, 

 3   taxpayer dollars, to repair NYCHA is done 

 4   properly, and make sure, most importantly, that 

 5   the health and well-being of our tenants in NYCHA 

 6   housing, especially our children, are upheld.  

 7   That's something that's extremely important.

 8                 So whenever anyone talks about, you 

 9   know, how we can help communities in New York 

10   City, especially those communities of color, the 

11   first step is appointing a state monitor to make 

12   sure the tenants of NYCHA are safe and secure.  

13                I vote yes, Mr. President.

14                ACTING PRESIDENT CROCI:   Senator 

15   Klein to be recorded in the affirmative.

16                Senator Savino.

17                SENATOR SAVINO:   Thank you, 

18   Mr. President.  

19                I want to thank Senator Klein for 

20   his work and his dedication on this issue.

21                As he said, on Monday we stood 

22   together with a Councilmember and tenants of the 

23   New York City Housing Authority, and it was not 

24   the first time where we have joined together to 

25   shine the light on the decrepit conditions in the 


                                                               772

 1   New York City Housing Authority.  

 2                I represent 14 housing developments 

 3   in Coney Island, and six of them in Staten 

 4   Island, and I will tell you each and every one of 

 5   those developments is in deplorable condition.  

 6   How deplorable are they?  Well, they are so 

 7   deplorable that yesterday the Council of 

 8   Presidents of the NYCHA developments, the tenants 

 9   themselves, joined together to file a lawsuit 

10   against the City of New York demanding action be 

11   taken, because they are living in the worst 

12   conditions in any apartment buildings in the City 

13   of New York.

14                They themselves called the mayor of 

15   the City of New York a slumlord on the steps of 

16   City Hall yesterday.  That's how serious this 

17   problem is.

18                Last August I, along with my 

19   colleagues in Brooklyn, scheduled a walk-through 

20   of three of the developments in Coney Island 

21   because we had received innumerable complaints 

22   from tenants who lived there.  And they knew we 

23   were coming.  We arranged it with the Housing 

24   Authority.  We gave them the date ahead of time.  

25   And usually when you do that, they like to clean 


                                                               773

 1   it up a little bit so it doesn't look so bad.  

 2                Well, they didn't do anything.  

 3   Conditions were exactly the way they always are:  

 4   Filthy, deplorable, urine in the hallways, urine 

 5   in the elevators, garbage compactors that don't 

 6   work, boilers that are not working, mold all over 

 7   apartments.  That was before we knew about lead.

 8                Five years ago, after Hurricane 

 9   Sandy, we had a Sandy task force, and one of the 

10   recommendations out of the Sandy task force was 

11   that we create the position of a licensed mold 

12   remediation contractor in New York State.  If you 

13   want to sell your services to a homeowner, you'd 

14   better be licensed and trained.  

15                Only one group asked to be carved 

16   out of that requirement, and that was the New 

17   York City Housing Authority.  They have had five 

18   years to develop a program where they could do 

19   mold remediation and see to it that the work was 

20   done by people who were trained the same way 

21   licensed contractors are in New York State, and 

22   to date they have done nothing.  Nothing.  If you 

23   go into these apartments, you will see that they 

24   are riddled with mold.  

25                And they send someone with a bottle 


                                                               774

 1   of bleach, and they spray it and then they paint 

 2   it again.  That's not mold remediation.  That 

 3   doesn't even barely cover the problem.  

 4                The conditions that people are 

 5   living in are so deplorable, they are worse 

 6   sometimes than a Third World nation.  

 7                So if you don't like our bill, 

 8   listen to the tenant leaders who stood on the 

 9   steps of City Hall yesterday and said "Enough is 

10   enough.  We can't trust NYCHA to see to our 

11   safety and security and the habitability of where 

12   they live."  They demand a state monitor, that's 

13   in their lawsuit.  

14                We can do this much faster than the 

15   courts can.  We can pass Senator Klein's bill and 

16   we can take responsibility for the 400,000 people 

17   who depend upon us to make things better for 

18   them.  

19                I vote in the affirmative, 

20   Mr. President.

21                ACTING PRESIDENT CROCI:   Senator 

22   Savino to be recorded in the affirmative.

23                Senator Kavanagh to explain his 

24   vote.

25                SENATOR KAVANAGH:   Thank you, 


                                                               775

 1   Mr. President.

 2                Just briefly, I voted with -- I 

 3   voted for the previous bill on the main calendar 

 4   that adds a layer of oversight through the 

 5   New York City Council.  

 6                I applaud the members, my colleagues 

 7   from the IDC and other members of this chamber 

 8   who have focused a great deal of attention on the 

 9   question of how we get NYCHA apartments into a 

10   state of good repair and how we deal with some of 

11   the very disturbing safety conditions that we've 

12   seen.  

13                I also represent many, many 

14   thousands of NYCHA residents.  I've been in and 

15   out of these buildings for years and seen the 

16   deterioration over time.  But the simple fact is 

17   that this is very substantially a crisis of 

18   funding.  

19                There are management issues that 

20   need to be addressed, but what we're dealing with 

21   is a landlord that by law is housing half a 

22   million people and is grossly underfunded -- 

23   roughly a $17 billion capital deficit that, when 

24   their latest reports come up, will probably rise 

25   to a $25 billion capital deficit.  


                                                               776

 1                In the face of that, members of this 

 2   chamber and of the other chamber, in which I used 

 3   to serve, and the Governor have put some 

 4   resources into that problem, but it's woefully 

 5   inadequate.  A few years ago we did $100 million, 

 6   but we specified that that money could not be 

 7   used on core capital needs of NYCHA.  A couple of 

 8   years ago we put $200 million up; that money is 

 9   largely unspent at this point.  

10                You know, we fought many years ago 

11   against taxation without representation.  In this 

12   case, perhaps we should be avoiding oversight 

13   without responsibility.  The state needs to step 

14   up and put a lot more money in.  I will join 

15   others in calling for at least $500 million in 

16   this budget to begin to address this concern.  

17                And again, I really do applaud the 

18   tremendous attention that my colleagues Senator 

19   Klein and Senator Savino and others have put on 

20   this problem, but I don't think that this 

21   particular bill, adding HCR to the mix, is going 

22   to make any difference, and so I'll be voting no 

23   on this.

24                ACTING PRESIDENT CROCI:   Senator 

25   Kavanagh to be recorded in the negative.


                                                               777

 1                Senator Hamilton.

 2                SENATOR HAMILTON:   Mr. President, I 

 3   rise -- I just want to say I'm a child of NYCHA.  

 4   I grew up in NYCHA housing in the South Bronx.  

 5   And no parent should have to raise their child in 

 6   an apartment that is poisoning them.  

 7                I also have the Brownsville section 

 8   of Brooklyn, which has one of the highest 

 9   concentrations of NYCHA houses in the country.  

10                And going through NYCHA housing, 

11   I've walked through every development from the 

12   roof to the first floor.  And as Diane Savino 

13   said, Senator Savino said, some of the conditions 

14   are worse than Third World countries.

15                I have buildings in my NYCHA 

16   developments where there's only one elevator 

17   button -- no up, no down.  So at night when women 

18   press the elevator, they're fearful the elevator 

19   may go to the roof where there will be a predator 

20   waiting for them.  So rather than take that 

21   chance, they'll walk down the stairs.  These are 

22   the conditions people are living under in NYCHA.

23                In several buildings there was a 

24   shooting from the building.  And the response by 

25   NYCHA was to spray paint the windows.  So when 


                                                               778

 1   you get off the elevator, there's no light.  

 2   Dimly lit.  It's like you're living in a 

 3   quasi-prison system.

 4                Many of the residents of NYCHA, the 

 5   elevators are broken.  In one development, a 

 6   person literally died to death because they 

 7   couldn't get out on time.  And because of that, I 

 8   passed a bill on NYCHA that anybody with a 

 9   disability who's a senior citizen would have the 

10   option of moving to a lower floor.  

11                And walking through my section of 

12   Brownsville, I've gone to apartments where 

13   there's mold, young children, lead paint.  And 

14   just think of it, we know lead is a neurotoxin.  

15   And we've had the president of NYCHA lie under 

16   oath that she had lead paint inspectors.  We know 

17   for a fact that the City of New York laid off 52 

18   lead paint inspectors.  So what do you expect 

19   would happen when they do that?  

20                We have a bill right now, I'm 

21   presenting a bill that they rehire the lead paint 

22   inspectors.  

23                And I say to all my colleagues, if 

24   you haven't been to NYCHA housing, you need to 

25   go.  You need to go and walk through those 


                                                               779

 1   developments.  And if you walk through those 

 2   developments and you tell me it's a place that 

 3   you're willing to live, then don't vote for the 

 4   bill.  But if you walk through there, right, and 

 5   you feel it's a place you don't want to live, 

 6   then you need to support it.

 7                So right now people are living under 

 8   conditions where roofs are collapsing, front 

 9   doors are open, no security.  All right?  So if 

10   you want to vote against this bill, please walk 

11   through NYCHA housing and see the living 

12   conditions that people are living under.

13                And I've done that.  And I created 

14   The Campus.  The Campus was the first of its kind 

15   in public housing in the country.  We do STEAM 

16   and coding for our young boys and girls, to make 

17   sure they have opportunities to live a better 

18   life.  Because you can make $80,000 a year with a 

19   high school diploma in coding.  

20                We had the Wellness Center -- 

21   psychologists, psychiatrists, and social 

22   workers -- because the second leading cause of 

23   death in our community is suicide.  It's an 

24   epidemic, but no one is talking about it.

25                We have gang violence prevention.  


                                                               780

 1   On our second day of having our gang violence 

 2   meeting, a young man was literally shot right in 

 3   front of me, Rysheen Ervin.  And I saw that young 

 4   man die in front of me because the police 

 5   department did not know how to do CPR.  I watched 

 6   the fire department look at us -- five 

 7   firefighters, didn't leave the firehouse.  When I 

 8   approached them afterwards, I said, "Why did you 

 9   not come to give this kid CPR?"  And they said, 

10   "Senator, contractually, we do not have to 

11   respond to shootings."  

12                These are the conditions that people 

13   are living under.  I went --

14                ACTING PRESIDENT CROCI:   Senator 

15   Hamilton, how do you vote?  

16                SENATOR HAMILTON:   I vote yea, yes.

17                ACTING PRESIDENT CROCI:   Senator 

18   Hamilton to be recorded in the affirmative.

19                Senator Montgomery.

20                SENATOR MONTGOMERY:   Thank you, 

21   Mr. President.

22                I too, as probably most of us, 

23   represent a very, very large number of tenants 

24   who live in public housing.  As a matter of fact, 

25   if you took public NYCHA and put all of the 


                                                               781

 1   developments together, you would have a city 

 2   larger than most cities and towns in the State of 

 3   New York.  So I'm happy that we are paying 

 4   attention to this housing.

 5                By the way, NYCHA represents the 

 6   largest number of units of actually affordable 

 7   housing for working people in the City of 

 8   New York as well.  So it's about time we pay 

 9   attention.

10                I did vote for Senator Klein's 

11   first -- the first bill, which gives the City 

12   Council an opportunity to oversee housing.  But I 

13   think it's a bit disingenuous to say that this 

14   particular bill, which invites DHCR to become 

15   involved and the state to become involved, 

16   regulatorily speaking -- as if that's going to 

17   solve the issues related to all of those things 

18   that my colleagues have pointed out that are 

19   wrong with NYCHA.

20                The fact of the matter is NYCHA is 

21   so deprived, short of resources, and the 

22   maintenance over time has been slowly but surely 

23   from the federal level -- we don't put in money 

24   here in the state, so the federal government has 

25   been retreating from maintaining NYCHA, from 


                                                               782

 1   resourcing NYCHA.  And of course the city has 

 2   done as much as it could.  

 3                But let's be honest, the $300 

 4   million that we put up last year -- the 

 5   $200 million -- you and I know that it never got 

 6   to NYCHA because it was our fault, not NYCHA's 

 7   fault.

 8                So I want to make sure my 

 9   constituents understand that I'm voting no 

10   because this is an insult to the constituents who 

11   live in NYCHA, because we're pretending that 

12   we're giving them something and we're not doing 

13   anything but creating another obstacle to the 

14   management of NYCHA and we haven't put any money 

15   in NYCHA.

16                So let's do what Senator Kavanagh 

17   suggested, at least a half a billion dollars, and 

18   let it go to the real problems that NYCHA has and 

19   not to gardens and other things that are not 

20   relevant to the maintenance and the upkeep and 

21   addressing the real structural issues.  

22                I vote no.

23                ACTING PRESIDENT CROCI:   Senator 

24   Montgomery to be recorded in the negative.

25                Senator Alcantara.


                                                               783

 1                SENATOR ALCANTARA:   I would first 

 2   like to thank Senator Klein for bringing this 

 3   bill to the floor.  

 4                And let me remind my colleague that 

 5   this is the same bill we all voted for yes last 

 6   June.  It hasn't changed one bit, if I'm not 

 7   mistaken.

 8                Also, NYCHA has 400,000 people.  If 

 9   NYCHA was a city, it would be -- it would have a 

10   larger population than the City of Albany, 

11   Syracuse, Yonkers and Rochester.  Most of the 

12   people that live in NYCHA are senior citizens, 

13   single mothers, and just working-class people.  

14   NYCHA is the largest affordable housing stock in 

15   the country.

16                Just because NYCHA is underfunded, 

17   it doesn't mean that they need to be lied to.  

18   Obviously we have met with Councilmember Ritchie 

19   Torres, who grew up in public housing and who 

20   proudly represents NYCHA.  And obviously right 

21   now NYCHA doesn't have -- NYCHA is lawless.  They 

22   don't have to answer to anyone.  

23                So saying something is not enough is 

24   not an answer.  This is certainly a starting 

25   point, somebody that we can go to and ask 


                                                               784

 1   questions when something goes wrong in NYCHA.  

 2                Some of the conditions in NYCHA 

 3   are -- human beings shouldn't have to live like 

 4   that.  And we want to send a message to the 

 5   400,000 people that live in NYCHA that even 

 6   though you are poor, many of you guys are from 

 7   communities of color, we care about you and we 

 8   are looking out for you.

 9                Because if the situation in NYCHA 

10   would have happened at StuyTown, it would have 

11   been a national crisis, because people in 

12   StuyTown have resources.  People in NYCHA are 

13   elderly, Latinos, African-Americans that 

14   oftentimes cannot speak for themselves.  

15                So to sit here on my nice leather 

16   chair and say that it's not enough isn't an 

17   answer.  We have met with hundreds of NYCHA 

18   members.  Dyckman Houses, I called last May for a 

19   repair in an apartment.  It took eight months for 

20   someone to just go see what they needed to 

21   repair, a year and a half for that repair to take 

22   place.

23                The workforce in NYCHA has been 

24   reduced --

25                ACTING PRESIDENT CROCI:   Senator 


                                                               785

 1   Alcantara, how do you vote?  

 2                SENATOR ALCANTARA:   I will be 

 3   ending in a quick minute.  

 4                So we just want to have --

 5                ACTING PRESIDENT CROCI:   No, 

 6   Senator Alcantara, your time is up.  We have to 

 7   be fair to everybody.

 8                SENATOR ALCANTARA:   -- we want to 

 9   send a message to the people of NYCHA that we in 

10   the IDC are looking out for you.  And that --

11                ACTING PRESIDENT CROCI:   Senator 

12   Alcantara, how do you vote?  Senator --

13                SENATOR ALCANTARA:   -- even though 

14   you're poor, we --

15                ACTING PRESIDENT CROCI:   Senator 

16   Alcantara, I have to ask you --

17                SENATOR ALCANTARA:   -- need to 

18   respect you and look out for you.

19                ACTING PRESIDENT CROCI:   -- to 

20   state how you're going to vote.

21                SENATOR ALCANTARA:   Thank you, I 

22   will be voting in the affirmative.

23                ACTING PRESIDENT CROCI:   Senator 

24   Alcantara will be voting in the affirmative.  

25   Thank you very much.


                                                               786

 1                Senator Sanders to explain his vote.

 2                SENATOR SANDERS:   Thank you, sir.  

 3                I proudly represent the most people 

 4   in Queens who have NYCHA, or the most NYCHA 

 5   residents in Queens.  Going a step further, I was 

 6   born in the Hammel Houses.  I was not born in a 

 7   hospital, I was born in the Hammel Houses in 

 8   Queens.

 9                Now, I have gone on the record with 

10   my position on NYCHA, and I've taken some bold 

11   moves on it.  Because I too -- well, first I do 

12   want to thank the sponsor for bringing the 

13   conversation.  It is a necessary conversation.  I 

14   absolutely have gone on the record because, like 

15   the previous speakers, I believe that it doesn't 

16   matter how much money you have or don't, we need 

17   to represent people.  We need to represent them 

18   strongly.  

19                The problems, of course, of NYCHA 

20   stem from federal disinvestment and neglect at 

21   New York State and New York City over the years.  

22   This is not five minutes, this is something that 

23   has been going on for decades.  And the chickens 

24   have come home to roost.  Sandy further 

25   devastated many of these communities.  


                                                               787

 1                But sadly, although I will be for 

 2   the first bill that Senator Klein has come up, I 

 3   don't believe that monitoring without financial 

 4   investment is merely -- it will merely do finger 

 5   pointing.  We've got to move real money here.  

 6   We've got to -- I don't have a problem with 

 7   looking into mismanagement.  That's not my issue.  

 8   If it's there, let's root it out.  

 9                But at the same time, at the end of 

10   the day if you're not going to move real money -- 

11   $500 million is a beginning.  If you're not going 

12   to move real money into that, then we're not 

13   really helping these people.  We have to move 

14   real money and have ways that that money gets to 

15   the people.  We want to cut through red tape, 

16   let's do it.  You want to make sure that it 

17   doesn't take two or three years, let's do it.  

18   But let's move real resources to the people 

19   without the red tape.

20                So I will sadly have to vote no on 

21   this one, but I applaud the momentum, the spirit 

22   that people are bringing to this.  Let's look 

23   into this affair, let's find out why our 

24   neighbors are not living in the condition that we 

25   would want our parents to live under.  


                                                               788

 1                Thank you very much, Mr. President.  

 2                ACTING PRESIDENT CROCI:   Senator 

 3   Sanders to be recorded in the negative.

 4                Senator Comrie.

 5                SENATOR COMRIE:   Thank you, 

 6   Mr. Chair.  

 7                I rise to support my colleagues 

 8   desires to see something substantially happen in 

 9   NYCHA to make sure that the management issues are 

10   taken care of, to make sure that there's some 

11   real funding that can go into NYCHA, to make sure 

12   that there's some real oversight and 

13   opportunities to fix the red tape.  

14                The money that has been designated 

15   from the State Legislature to go to NYCHA has 

16   primarily been given to do nonessential items, 

17   things that are not going to be helpful to the 

18   immediate issues that need to be repaired, not 

19   going to help the roofs, not going to help the 

20   boilers, not going to help the people that are 

21   having heating problems, not going to increase 

22   inspectors, not going to do anything to resolve 

23   the real problems that are happening at NYCHA 

24   right now.

25                Unfortunately, the money that was 


                                                               789

 1   designated from the Legislature here has been put 

 2   into cosmetic things, lighting and other issues 

 3   that are not germane to the real issues at NYCHA.

 4                As my colleagues have said before, 

 5   this is a decades-old problem of the fact that 

 6   there's been a -- the fact that the federal 

 7   government has given up its responsibility for 

 8   NYCHA, the fact that we in the state over the 

 9   last decade has not -- we have not kept up our 

10   share of the funding that NYCHA needs to have.  

11                We need to understand that there are 

12   residents in NYCHA that we need to help, and we 

13   need to find a better way to do this.  Another 

14   layer of oversight -- I would applaud the City 

15   Council for what they are doing, for the fact 

16   that they have brought this to a national issue 

17   and to make sure that this issue is being 

18   highlighted.  I think that we need to support 

19   them with real money, real money that -- at least 

20   $500 million a year, but make sure that that 

21   money is directed to get things done within a 

22   timely period.

23                I understand the need to make sure 

24   that the management issues are fixed, but I think 

25   we have to do an even larger responsibility as 


                                                               790

 1   elected officials to make sure that the immediate 

 2   needs of NYCHA -- because the boiler 

 3   infrastructure is not just a replacing a boiler 

 4   but dealing with, as my colleagues have said, 

 5   replacing a heating infrastructure that's 

 6   30 years old, 40 years old, in buildings that 

 7   need to be updated.

 8                We cannot afford to lose these 

 9   buildings.  We cannot afford to lose all of the 

10   NYCHA properties because of disrepair and 

11   mismanagement.  

12                I'm going to be voting no, 

13   unfortunately, on this one, Mr. Chairman, and I 

14   appreciate the opportunity to speak on it.

15                Thank you.  

16                ACTING PRESIDENT CROCI:   Senator 

17   Comrie to be recorded in the negative.  

18                Senator Parker.

19                SENATOR PARKER:   Thank you, 

20   Mr. President.  To explain my vote.

21                First of all, let me thank Jeff 

22   Klein for his leadership on this issue.  Because 

23   this is not a new issue for him, it's something 

24   he's been talking about and carrying for a while.  

25   And certainly I appreciate that, and we certainly 


                                                               791

 1   appreciate the opportunity to debate this 

 2   critical issue for all of us.

 3                Like Senator Hamilton, I also grew 

 4   up in NYCHA, in the Bushwick Houses at 390, 

 5   Apartment 6D.  And so, you know, I'm very, very 

 6   well -- when I hear that the descriptions of how 

 7   people are living, I lived in those conditions.  

 8   Right?  I remember having to walk up and down the 

 9   steps because people were afraid to ride the 

10   elevators.  

11                What wasn't mentioned is that most 

12   of the time the bulbs in the hallway and in the 

13   stairway were out, and so you typically were 

14   walking up the steps and down the steps in 

15   literally pitch black.  

16                That being said, there are horrible 

17   conditions.  We certainly need to deal with it.  

18   As Senator Sanders indicated, a lot of this 

19   becomes because of a fiscal abandonment by the 

20   federal government that we really need to take 

21   up.

22                And although I applaud the attempt, 

23   I think this particular bill is not necessarily 

24   the way we ought to go.  And so I agree with 

25   Senator Kavanagh that we need to increase our 


                                                               792

 1   financial commitment to NYCHA.  We're told right 

 2   now that if we started doing all the repairs 

 3   today, it would cost $17 billion to repair 

 4   everything that needs to be repaired in it -- 

 5   billion with a B.  

 6                And so to ask for simply in our 

 7   budget this year, you know, $500 million really 

 8   is a drop in the bucket.  And the question is not 

 9   what happens or where the money comes from, the 

10   question is what happens if we don't start to 

11   invest in NYCHA and make sure that that large 

12   stock of affordable housing is properly 

13   maintained.

14                I have NYCHA in my district, I have 

15   Glenwood Houses in my district.  Certainly we 

16   share many of the same kind of issues.  And all 

17   of us -- what you're hearing in this debate, 

18   Mr. President, is a frustration with the process 

19   and with the lack of momentum and the lack of 

20   dignity that people are forced to live in.  And 

21   we certainly, I think, collectively are saying 

22   that that no longer can be the case in the State 

23   of New York.

24                And so I think that we should get 

25   rid of the red tape, not create more red tape.  I 


                                                               793

 1   certainly would be supporting something that 

 2   allows NYCHA to use design-build, and that 

 3   includes MWBE in it.  We should be looking at 

 4   other ways that we make both the construction and 

 5   the repair process for an NYCHA easier, smoother 

 6   transition.  And I think that not just this body 

 7   but the whole state government must be committed 

 8   to dealing and addressing the needs of this 

 9   state's third largest city, which is NYCHA.

10                And so I am opposing this bill, 

11   although I did vote for the first bill that gives 

12   the New York City Council more oversight.  And we 

13   look forward to more debate and work around 

14   helping the people of the New York City Housing 

15   Authority.  

16                Thank you.

17                ACTING PRESIDENT CROCI:   Senator 

18   Parker to be recorded in the negative.

19                Announce the result.

20                THE SECRETARY:   In relation to 

21   Calendar 535, those recorded in the negative are 

22   Senators Benjamin, Comrie, Dilan, Gianaris, 

23   Kavanagh, Krueger, Montgomery, Parker, Persaud, 

24   Rivera, Sanders and Stavisky.  

25                Ayes, 47.  Nays, 12.


                                                               794

 1                ACTING PRESIDENT CROCI:   The bill 

 2   is passed.

 3                THE SECRETARY:   Senator Krueger 

 4   moves to discharge, from the Committee on Rules, 

 5   Assembly Bill Number 8953 and substitute it for 

 6   the identical Senate Bill 7409, Third Reading 

 7   Calendar 536.

 8                ACTING PRESIDENT CROCI:   The 

 9   substitution is so ordered.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   536, by Member of the Assembly Richardson, 

13   Assembly Print 8953, an act to amend the Public 

14   Health Law.

15                ACTING PRESIDENT CROCI:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT CROCI:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 59.

23                ACTING PRESIDENT CROCI:   The bill 

24   is passed.

25                Senator Serino.


                                                               795

 1                SENATOR SERINO:   Mr. President, may 

 2   we return to motions and resolutions, please.

 3                ACTING PRESIDENT CROCI:   Motions 

 4   and resolutions.

 5                SENATOR SERINO:   Mr. President, on 

 6   page number 37 I offer the following amendments 

 7   to Calendar Number 398, Senate Print Number 7166, 

 8   and ask that said bill retain its place on the 

 9   Third Reading Calendar.

10                ACTING PRESIDENT CROCI:   So 

11   ordered.

12                SENATOR SERINO:   And Mr. President, 

13   we will now have the benediction, please.

14                ACTING PRESIDENT CROCI:   Can I ask 

15   everyone in the chamber to please rise for the 

16   benediction.  

17                We are very privileged today to have 

18   with us the abundantly patient Reverend Jean 

19   Gardel Paul, pastor of Glory of El-Shaddai 

20   Christian Center in Brooklyn, New York, to 

21   deliver our benediction.  

22                Reverend.

23                PASTOR GARDEL PAUL:  Thank you, 

24   Mr. President.

25                I want to glorify God for a new day 


                                                               796

 1   of his loving kindness, tender mercies, and a 

 2   solid omniscience overall.  

 3                I thank God also for Senator Kevin 

 4   Parker -- doing a great job in our community in 

 5   Brooklyn, New York -- for granting me this 

 6   opportunity.

 7                Let us join together and pray.

 8                Lord God, we humbly come before You 

 9   with thanksgiving in our hearts just for who You 

10   are and all You have done.  

11                I pray for all Senators representing 

12   our many districts in this place.  Please 

13   continue to inspire their very thinking with Your 

14   spirit of wisdom, understanding, counsel and 

15   might.  God Almighty, allow them to stand strong 

16   as they tackle the very serious issues that 

17   plague our communities today.  

18                I declare and I decree:  Thy kingdom 

19   come on each district, each borough, each state, 

20   each county, each child, each adolescent, each 

21   adult, each senior citizen, and Thy will be done 

22   on earth as it is in Heaven.  

23                Lord, You said if Your name is 

24   lifted up, You shall draw all men to you.  Please 

25   continue to bless these United States of America 


                                                               797

 1   and help us to remain close to You at all times 

 2   despite all that is lurking around us.  

 3                As You have given one of the 

 4   greatest leaders of men, your servant Moses, 

 5   these words to declare over your people, I am 

 6   praying this blessing over each representative in 

 7   their respective districts.  May the Lord bless 

 8   you and keep you.  May the Lord make His face 

 9   shine on you and be gracious to you.  May the 

10   Lord turn His face toward you and give you peace.  

11                I declare and I decree:  In the 

12   mighty name of Jesus, I pray.  Amen.  

13                God bless you all.

14                ACTING PRESIDENT CROCI:   Senator 

15   Serino.

16                SENATOR SERINO:   Yes, 

17   Mr. President.  Is there any further business 

18   from the desk?

19                ACTING PRESIDENT CROCI:   There is 

20   no further business before the desk.

21                SENATOR SERINO:   Okay, I move to 

22   adjourn until Monday, March 5th, at 3:00 p.m., 

23   intervening days being legislative days.

24                ACTING PRESIDENT CROCI:   On motion, 

25   the Senate stands adjourned until Monday, 


                                                               798

 1   March 5th, at 3:00 p.m., intervening days being 

 2   legislative days.

 3                (Whereupon, at 12:46 p.m., the 

 4   Senate adjourned.)

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